What was the outcome of Tenancy Tribunal case 4692911?

The tribunal order states: Ebony Leiha Wilson must pay Aggerholms Property Management Limited As

How much money was awarded in case 4692911?

Property Damage: $1,800.00 awarded to landlord; Filing Fee: $20.44 awarded to landlord; Kitchen Bench Excess: $550.00 awarded to landlord; Meth Decontamination Not Covered By…: $11,955.19 awarded to landlord; Meth Testing X3, Not Covered By Insu…: $5,047.35 awarded to landlord; Cleaning: $2,500.00 awarded to landlord; Property Damage: $4,923.00 awarded to landlord; Property Damage: $550.00 awarded to landlord; Property Damage: $129.99 awarded to landlord; Rent Arrears: $521.43 awarded to landlord; Rubbish Removal: $220.00 awarded to landlord; Smoke Alarms: $67.59 awarded to landlord

What type of tenancy dispute was case 4692911?

The primary dispute was Property damage. Related themes: Cleanliness, Exemplary damages, Rent arrears, Smoke alarms.

Where can I read the official tribunal order for case 4692911?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/10070038-Tenancy_Tribunal_Order.pdf.

What was the outcome of Tenancy Tribunal case 4692911?

The tribunal order states: Ebony Leiha Wilson must pay Aggerholms Property Management Limited As

How much money was awarded in case 4692911?

Property Damage: $1,800.00 awarded to landlord; Filing Fee: $20.44 awarded to landlord; Kitchen Bench Excess: $550.00 awarded to landlord; Meth Decontamination Not Covered By…: $11,955.19 awarded to landlord; Meth Testing X3, Not Covered By Insu…: $5,047.35 awarded to landlord; Cleaning: $2,500.00 awarded to landlord; Property Damage: $4,923.00 awarded to landlord; Property Damage: $550.00 awarded to landlord; Property Damage: $129.99 awarded to landlord; Rent Arrears: $521.43 awarded to landlord; Rubbish Removal: $220.00 awarded to landlord; Smoke Alarms: $67.59 awarded to landlord

What type of tenancy dispute was case 4692911?

The primary dispute was Property damage. Related themes: Cleanliness, Exemplary damages, Rent arrears, Smoke alarms.

Where can I read the official tribunal order for case 4692911?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/10070038-Tenancy_Tribunal_Order.pdf.

9 Manapouri Street, Strathern, Invercargill 9812 Tenancy Tribunal Case 4692911 — Property damage

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9 Manapouri Street, Strathern, Invercargill 9812 Tenancy Tribunal Case 4692911 — 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 4692911 — net $26,584.99 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears	$521.43	Rent arrears
Carpet replacement	$4,923.00	Carpet replacement
Replace smoke alarms	$67.59	Replace smoke alarms
Rubbish removal	$220.00	Rubbish removal
Flooring insurance excess	$550.00	Flooring insurance excess
Kitchen Bench excess	$550.00	Kitchen Bench excess
Meth testing/Cleaning: Excess	$2,500.00	Meth testing/Cleaning: Excess
Meth testing x3, not covered by insurance	$5,047.35	Meth testing x3, not covered by insurance
Rangehood filter repairs	$129.99	Rangehood filter repairs
Meth decontamination not covered by insurance	$11,955.19	Meth decontamination not covered by insurance
Exemplary damages	$1,800.00	Exemplary damages
Filing fee reimbursement	$20.44	Filing fee reimbursement
Net award	$26,584.99
Total payable by Tenant to Landlord	$26,584.99

Claims and awards for application 4692911 — net $26,584.99 NZD. Verify on MoJ.

Rent arrears

Amount: $521.43
Awarded to: Landlord
Reason: Rent arrears

Carpet replacement

Amount: $4,923.00
Awarded to: Landlord
Reason: Carpet replacement

Replace smoke alarms

Amount: $67.59
Awarded to: Landlord
Reason: Replace smoke alarms

Rubbish removal

Amount: $220.00
Awarded to: Landlord
Reason: Rubbish removal

Flooring insurance excess

Amount: $550.00
Awarded to: Landlord
Reason: Flooring insurance excess

Claim types — money lines allowed on this order

Exemplary damages Filing Fee Cleanliness Property damage Rent arrears Rubbish Removal Replace Smoke Alarms

Order

Ebony Leiha Wilson must pay Aggerholms Property Management Limited As Agent For Chris & Charlotte Collins $26,584.99 immediately, calculated as shown in table below.
The Bond Centre is to pay the bond of $1,700.00 (3499570-007) to Aggerholms Property Management Limited As Agent For Chris & Charlotte Collins immediately.

Reasons

The tenant failed to attend the hearing.
The landlord has applied for rent arrears, compensation, refund of the bond, and reimbursement of the filing fee following the end of the tenancy.

How much is owed for rent?

The tenancy ended on 23 August 2023. The landlord provided rent records which prove the amount owing at the end of the tenancy.

Did the tenant comply with their obligations at the end of the tenancy?

At the end of the tenancy the tenant must leave the premises reasonably clean and tidy, remove all rubbish, return all keys and security devices, and leave all chattels provided for their benefit. See section 40(1)(e)(ii)-(v) Residential Tenancies Act 1986. The tenant is required to replace worn out smoke alarm batteries during the tenancy. See section 40(1)(ca) Residential Tenancies Act 1986. The tenant must also replace standard light bulbs.
The tenant did not leave the premises reasonably clean and tidy, and did not remove all rubbish.
The amounts ordered are proved.

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.
The following damage was caused during the tenancy: The levels of methamphetamine contamination were extremely high in places. The testing pre this tenancy show that this was caused during the tenancy. The insurance did not cover the extent of the clean up. Further there was damage to flooring and the bench top in that there were burn marks on the surfaces and needed to be replaced.
There was damage to the carpets and separate excess claims were successful for the laminate flooring and bench top. However, the cost of each room for the remainder of the house exceeded the costs to replace, therefore the cheaper option for the landlord to replace rather than through their insurance. The damage is more than fair wear and tear, and the tenant has not disproved liability for the damage.
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.
Aggerholms Property Management Limited As Agent For Chris & Charlotte Collins claims the tenant has used the premises unlawfully, by showing that the use of methamphetamine occurred during the tenancy causing damage.
A tenant must not use the premises or permit the premises to be used for an unlawful purpose. See section 40(2)(b) Residential Tenancies Act 1986.
Breaching this obligation is an unlawful act for which exemplary damages may be awarded up to a maximum of $1,800.00. See section 40(3A)(c) and Schedule 1A Residential Tenancies Act 1986.
The tenant has allowed such use in the home causing significant damage. I find therefore that she has committed an unlawful act.
Where a party has committed an unlawful act intentionally, the Tribunal may award exemplary damages where it is satisfied it would be just to do so, having regard to the party’s intent, the effect of the unlawful act, the interests of the other party, and the public interest. See section 109(3) Residential Tenancies Act 1986.
Given the well documented issues with the drug I find it is in the public interest to make the award as sought.
Because Aggerholms Property Management Limited As Agent For Chris & Charlotte Collins has wholly succeeded with the claim I must reimburse 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 4692911 — net $26,584.99 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears	$521.43	Rent arrears
Carpet replacement	$4,923.00	Carpet replacement
Replace smoke alarms	$67.59	Replace smoke alarms
Rubbish removal	$220.00	Rubbish removal
Flooring insurance excess	$550.00	Flooring insurance excess
Kitchen Bench excess	$550.00	Kitchen Bench excess
Meth testing/Cleaning: Excess	$2,500.00	Meth testing/Cleaning: Excess
Meth testing x3, not covered by insurance	$5,047.35	Meth testing x3, not covered by insurance
Rangehood filter repairs	$129.99	Rangehood filter repairs
Meth decontamination not covered by insurance	$11,955.19	Meth decontamination not covered by insurance
Exemplary damages	$1,800.00	Exemplary damages
Filing fee reimbursement	$20.44	Filing fee reimbursement
Net award	$26,584.99
Total payable by Tenant to Landlord	$26,584.99

Claims and awards for application 4692911 — net $26,584.99 NZD. Verify on MoJ.

Rent arrears

Amount: $521.43
Awarded to: Landlord
Reason: Rent arrears

Carpet replacement

Amount: $4,923.00
Awarded to: Landlord
Reason: Carpet replacement

Replace smoke alarms

Amount: $67.59
Awarded to: Landlord
Reason: Replace smoke alarms

Rubbish removal

Amount: $220.00
Awarded to: Landlord
Reason: Rubbish removal

Flooring insurance excess

Amount: $550.00
Awarded to: Landlord
Reason: Flooring insurance excess

Claim types — money lines allowed on this order

Exemplary damages Filing Fee Cleanliness Property damage Rent arrears Rubbish Removal Replace Smoke Alarms

Order

Ebony Leiha Wilson must pay Aggerholms Property Management Limited As Agent For Chris & Charlotte Collins $26,584.99 immediately, calculated as shown in table below.
The Bond Centre is to pay the bond of $1,700.00 (3499570-007) to Aggerholms Property Management Limited As Agent For Chris & Charlotte Collins immediately.

Reasons

The tenant failed to attend the hearing.
The landlord has applied for rent arrears, compensation, refund of the bond, and reimbursement of the filing fee following the end of the tenancy.

How much is owed for rent?

The tenancy ended on 23 August 2023. The landlord provided rent records which prove the amount owing at the end of the tenancy.

Did the tenant comply with their obligations at the end of the tenancy?

At the end of the tenancy the tenant must leave the premises reasonably clean and tidy, remove all rubbish, return all keys and security devices, and leave all chattels provided for their benefit. See section 40(1)(e)(ii)-(v) Residential Tenancies Act 1986. The tenant is required to replace worn out smoke alarm batteries during the tenancy. See section 40(1)(ca) Residential Tenancies Act 1986. The tenant must also replace standard light bulbs.
The tenant did not leave the premises reasonably clean and tidy, and did not remove all rubbish.
The amounts ordered are proved.

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.
The following damage was caused during the tenancy: The levels of methamphetamine contamination were extremely high in places. The testing pre this tenancy show that this was caused during the tenancy. The insurance did not cover the extent of the clean up. Further there was damage to flooring and the bench top in that there were burn marks on the surfaces and needed to be replaced.
There was damage to the carpets and separate excess claims were successful for the laminate flooring and bench top. However, the cost of each room for the remainder of the house exceeded the costs to replace, therefore the cheaper option for the landlord to replace rather than through their insurance. The damage is more than fair wear and tear, and the tenant has not disproved liability for the damage.
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.
Aggerholms Property Management Limited As Agent For Chris & Charlotte Collins claims the tenant has used the premises unlawfully, by showing that the use of methamphetamine occurred during the tenancy causing damage.
A tenant must not use the premises or permit the premises to be used for an unlawful purpose. See section 40(2)(b) Residential Tenancies Act 1986.
Breaching this obligation is an unlawful act for which exemplary damages may be awarded up to a maximum of $1,800.00. See section 40(3A)(c) and Schedule 1A Residential Tenancies Act 1986.
The tenant has allowed such use in the home causing significant damage. I find therefore that she has committed an unlawful act.
Where a party has committed an unlawful act intentionally, the Tribunal may award exemplary damages where it is satisfied it would be just to do so, having regard to the party’s intent, the effect of the unlawful act, the interests of the other party, and the public interest. See section 109(3) Residential Tenancies Act 1986.
Given the well documented issues with the drug I find it is in the public interest to make the award as sought.
Because Aggerholms Property Management Limited As Agent For Chris & Charlotte Collins has wholly succeeded with the claim I must reimburse the filing fee.

Tenancy Tribunal case 4692911 — Property damage at 9 Manapouri Street, Strathern, Invercargill 9812

At a glance

Tenancy Tribunal case 4692911 — Property damage at 9 Manapouri Street, Strathern, Invercargill 9812

At a glance

Award balance

Claims & awards

Order

Reasons

How much is owed for rent?

Did the tenant comply with their obligations at the end of the tenancy?

Is the tenant responsible for the damage to the premises?

Topics & place

Residential Tenancies Act sections

Key findings

Property management

Frequently asked questions

Award balance

Claims & awards

Order

Reasons

How much is owed for rent?

Did the tenant comply with their obligations at the end of the tenancy?

Is the tenant responsible for the damage to the premises?

Topics & place

Residential Tenancies Act sections

Key findings

Property management

Frequently asked questions