What was Tenancy Tribunal case 4692709 about?

The tribunal order states: Karlee Lang and Callum James must pay [The landlord/s] $871.77 immediately,

How much money was awarded in case 4692709?

Filing Fee: $20.44 awarded to landlord; Rent Arrears: $1,431.44 awarded to landlord; Property Damage: $1,250.00 awarded to landlord; Walls: $900.00 awarded to landlord; Water Rates: $149.90 awarded to landlord

What type of tenancy dispute was case 4692709?

The primary dispute was Property damage. Related themes: Rent arrears.

Where can I read the official tribunal order for case 4692709?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/9996463-Tribunal_Order_Redacted.pdf.

What was Tenancy Tribunal case 4692709 about?

The tribunal order states: Karlee Lang and Callum James must pay [The landlord/s] $871.77 immediately,

How much money was awarded in case 4692709?

Filing Fee: $20.44 awarded to landlord; Rent Arrears: $1,431.44 awarded to landlord; Property Damage: $1,250.00 awarded to landlord; Walls: $900.00 awarded to landlord; Water Rates: $149.90 awarded to landlord

What type of tenancy dispute was case 4692709?

The primary dispute was Property damage. Related themes: Rent arrears.

Where can I read the official tribunal order for case 4692709?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/9996463-Tribunal_Order_Redacted.pdf.

32 Hadley Wood Drive, Wattle Downs, Auckland 2103 Tenancy Tribunal Case 4692709 — Property damage

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32 Hadley Wood Drive, Wattle Downs, Auckland 2103 Tenancy Tribunal Case 4692709 — Property damage | TenantCheck

Claims & awards

What this tenancy cost at tribunal — claim, category, amount, and party awarded, with reconciled net total.

Claims and awards in Tenancy Tribunal application 4692709 — net $871.78 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears	$1,431.44	Rent arrears
Water rates	$149.90	Water rates
Repairs: Insurance excess for door	$1,250.00	Repairs: Insurance excess for door
Repairs: Walls	$900.00	Repairs: Walls
Filing fee reimbursement	$20.44	Filing fee reimbursement
Net award	$871.78
Total payable by Tenant to Landlord	$871.78

Claims and awards for application 4692709 — net $871.78 NZD. Verify on MoJ.

Rent arrears

Amount: $1,431.44
Awarded to: Landlord
Reason: Rent arrears

Water rates

Amount: $149.90
Awarded to: Landlord
Reason: Water rates

Repairs: Insurance excess for door

Amount: $1,250.00
Awarded to: Landlord
Reason: Repairs: Insurance excess for door

Repairs: Walls

Amount: $900.00
Awarded to: Landlord
Reason: Repairs: Walls

Filing fee reimbursement

Amount: $20.44
Awarded to: Landlord
Reason: Filing fee reimbursement

Claim types — money lines allowed on this order

Filing Fee Rent arrears Property damage Water Rates

Order

Karlee Lang and Callum James must pay [The landlord/s] $871.77 immediately, calculated as shown in table below.
The Bond Centre is to pay the bond of $2,880.00 ([Bond number suppressed]) to [The landlord/s] immediately.

Reasons

Both parties attended the hearing. Mr White attended as the tenant’s representative.
The landlord has applied for rent arrears, compensation, damages, refund of the bond, and reimbursement of the filing fee following the end of the tenancy.

How much is owed for rent and water rates?

The tenancy ended on 10 September 2023. The landlord provided rent records and water rates invoices which prove the amount owing at the end of the tenancy was $1431.44 rent arrears and $149.90 water rates. The amounts are proven.

Is the tenant responsible for the damage to the premises?

A landlord must prove that damage to the premises occurred during the tenancy and is more than fair wear and tear. If this is established, to avoid liability, the tenant must prove they did not carelessly or intentionally cause or permit the damage. Tenants are liable for the actions of people at the premises with their permission. See sections 40(2)(a), 41 and 49B RTA.
Where the damage is careless, and occurs after 27 August 2019, section 49B RTA applies. If the landlord becomes aware of the damage after 27 August, the damage is presumed to have occurred after that date unless the tenant proves otherwise.
Where the damage is caused carelessly, and is covered by the landlord's insurance, the tenant's liability is limited to the lesser of the insurance excess or four weeks' rent (or four weeks' market rent in the case of a tenant paying income-related rent). See section 49B(3)(a) RTA.
Where the damage is careless and is not covered by the landlord's insurance, the tenant's liability is limited to four weeks' rent (or market rent). See section 49B(3)(b) RTA. Where insurance money is irrecoverable because of the tenant's conduct, the property is treated as if it is not insured against the damage. See section 49B(3A)(a) RTA.
Tenants are liable for the cost of repairing damage that is intentional or which results from any activity at the premises that is an imprisonable offence. This applies to anything the tenant does and anything done by a person they are responsible for. See section 49B(1) RTA.
Damage is intentional where a person intends to cause damage and takes the necessary steps to achieve that purpose. Damage is also intentional where a person does something, or allows a situation to continue, knowing that damage is a certainty. See Guo v Korck [2019] NZHC 1541.
During the tenancy a hollow-core timber-finished door was damaged. The landlord claimed insurance on the door and was given an award of $3,703.00. The landlord is claiming the insurance excess of $1,250.00 for this door.
The landlord also pointed to a number of photographs showing damage to walls (photographs 002, 005, 007, 010, 011, 075, 082 and 096.) An attempt to repair the damage was made by one of the tenants, but this work was not completed. The landlord made the point that this left the walls in worse condition than before the attempt to repair them was made. Therefore the repair costs are for the damage deliberately caused by the attempted repairs.
The tenant argued that some of the damage is fair wear and tear, and I accept that the damage in photographs 002 and 010 is fair wear and tear.
Photographs 005, 007, and 082 show patches about the size of a mobile phone. Photographs 011 and 075 show much smaller patches. Photograph 096 shows damage of approximate one metre in total.
An invoice for $2134.00 was provided by the landlord. This included items and work that weren’t claimed for in the hearing. In light of this, I have reduced the amount awarded for these repairs.
The amounts ordered are proved.
I have taken into account betterment and depreciation. The landlord should be returned to the position they would have been in had the tenant not breached their obligations, and should not be better or worse off. In calculating depreciation, I have taken into account the age and condition of the items at the start of the tenancy and their likely useful lifespan.
Because [The landlord/s] has substantially succeeded with the claim I have reimbursed the filing fee.

Claims & awards

What this tenancy cost at tribunal — claim, category, amount, and party awarded, with reconciled net total.

Claims and awards in Tenancy Tribunal application 4692709 — net $871.78 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears	$1,431.44	Rent arrears
Water rates	$149.90	Water rates
Repairs: Insurance excess for door	$1,250.00	Repairs: Insurance excess for door
Repairs: Walls	$900.00	Repairs: Walls
Filing fee reimbursement	$20.44	Filing fee reimbursement
Net award	$871.78
Total payable by Tenant to Landlord	$871.78

Claims and awards for application 4692709 — net $871.78 NZD. Verify on MoJ.

Rent arrears

Amount: $1,431.44
Awarded to: Landlord
Reason: Rent arrears

Water rates

Amount: $149.90
Awarded to: Landlord
Reason: Water rates

Repairs: Insurance excess for door

Amount: $1,250.00
Awarded to: Landlord
Reason: Repairs: Insurance excess for door

Repairs: Walls

Amount: $900.00
Awarded to: Landlord
Reason: Repairs: Walls

Filing fee reimbursement

Amount: $20.44
Awarded to: Landlord
Reason: Filing fee reimbursement

Claim types — money lines allowed on this order

Filing Fee Rent arrears Property damage Water Rates

Order

Karlee Lang and Callum James must pay [The landlord/s] $871.77 immediately, calculated as shown in table below.
The Bond Centre is to pay the bond of $2,880.00 ([Bond number suppressed]) to [The landlord/s] immediately.

Reasons

Both parties attended the hearing. Mr White attended as the tenant’s representative.
The landlord has applied for rent arrears, compensation, damages, refund of the bond, and reimbursement of the filing fee following the end of the tenancy.

How much is owed for rent and water rates?

The tenancy ended on 10 September 2023. The landlord provided rent records and water rates invoices which prove the amount owing at the end of the tenancy was $1431.44 rent arrears and $149.90 water rates. The amounts are proven.

Is the tenant responsible for the damage to the premises?

A landlord must prove that damage to the premises occurred during the tenancy and is more than fair wear and tear. If this is established, to avoid liability, the tenant must prove they did not carelessly or intentionally cause or permit the damage. Tenants are liable for the actions of people at the premises with their permission. See sections 40(2)(a), 41 and 49B RTA.
Where the damage is careless, and occurs after 27 August 2019, section 49B RTA applies. If the landlord becomes aware of the damage after 27 August, the damage is presumed to have occurred after that date unless the tenant proves otherwise.
Where the damage is caused carelessly, and is covered by the landlord's insurance, the tenant's liability is limited to the lesser of the insurance excess or four weeks' rent (or four weeks' market rent in the case of a tenant paying income-related rent). See section 49B(3)(a) RTA.
Where the damage is careless and is not covered by the landlord's insurance, the tenant's liability is limited to four weeks' rent (or market rent). See section 49B(3)(b) RTA. Where insurance money is irrecoverable because of the tenant's conduct, the property is treated as if it is not insured against the damage. See section 49B(3A)(a) RTA.
Tenants are liable for the cost of repairing damage that is intentional or which results from any activity at the premises that is an imprisonable offence. This applies to anything the tenant does and anything done by a person they are responsible for. See section 49B(1) RTA.
Damage is intentional where a person intends to cause damage and takes the necessary steps to achieve that purpose. Damage is also intentional where a person does something, or allows a situation to continue, knowing that damage is a certainty. See Guo v Korck [2019] NZHC 1541.
During the tenancy a hollow-core timber-finished door was damaged. The landlord claimed insurance on the door and was given an award of $3,703.00. The landlord is claiming the insurance excess of $1,250.00 for this door.
The landlord also pointed to a number of photographs showing damage to walls (photographs 002, 005, 007, 010, 011, 075, 082 and 096.) An attempt to repair the damage was made by one of the tenants, but this work was not completed. The landlord made the point that this left the walls in worse condition than before the attempt to repair them was made. Therefore the repair costs are for the damage deliberately caused by the attempted repairs.
The tenant argued that some of the damage is fair wear and tear, and I accept that the damage in photographs 002 and 010 is fair wear and tear.
Photographs 005, 007, and 082 show patches about the size of a mobile phone. Photographs 011 and 075 show much smaller patches. Photograph 096 shows damage of approximate one metre in total.
An invoice for $2134.00 was provided by the landlord. This included items and work that weren’t claimed for in the hearing. In light of this, I have reduced the amount awarded for these repairs.
The amounts ordered are proved.
I have taken into account betterment and depreciation. The landlord should be returned to the position they would have been in had the tenant not breached their obligations, and should not be better or worse off. In calculating depreciation, I have taken into account the age and condition of the items at the start of the tenancy and their likely useful lifespan.
Because [The landlord/s] has substantially succeeded with the claim I have reimbursed the filing fee.

Tenancy Tribunal case 4692709 — Property damage at 32 Hadley Wood Drive, Wattle Downs, Auckland 2103

At a glance

Tenancy Tribunal case 4692709 — Property damage at 32 Hadley Wood Drive, Wattle Downs, Auckland 2103

At a glance

Award balance

Claims & awards

Order

Reasons

How much is owed for rent and water rates?

Is the tenant responsible for the damage to the premises?

Topics & place

Residential Tenancies Act sections

Key findings

Frequently asked questions

Award balance

Claims & awards

Order

Reasons

How much is owed for rent and water rates?

Is the tenant responsible for the damage to the premises?

Topics & place

Residential Tenancies Act sections

Key findings

Frequently asked questions