What was Tenancy Tribunal case 4693647 about?

The tribunal order states: An application for suppression has been made in this case, and the Tribunal

How much money was awarded in case 4693647?

Cleaning: $700.00 awarded to landlord; Filing Fee: $20.44 awarded to landlord; Property Damage: $7,820.00 awarded to landlord; Rent Arrears: $5,565.00 awarded to landlord; (Replace Hot Water Cylinder: $2,000.00 awarded to landlord; Rubbish Removal: $300.00 awarded to landlord

What type of tenancy dispute was case 4693647?

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

Where can I read the official tribunal order for case 4693647?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/9946491-Tribunal_Order_Redacted.pdf.

What was Tenancy Tribunal case 4693647 about?

The tribunal order states: An application for suppression has been made in this case, and the Tribunal

How much money was awarded in case 4693647?

Cleaning: $700.00 awarded to landlord; Filing Fee: $20.44 awarded to landlord; Property Damage: $7,820.00 awarded to landlord; Rent Arrears: $5,565.00 awarded to landlord; (Replace Hot Water Cylinder: $2,000.00 awarded to landlord; Rubbish Removal: $300.00 awarded to landlord

What type of tenancy dispute was case 4693647?

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

Where can I read the official tribunal order for case 4693647?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/9946491-Tribunal_Order_Redacted.pdf.

New Zealand Tenancy Tribunal Case 4693647 — Property damage

Reasons

Claims and awards in Tenancy Tribunal application 4693647 — net $16,405.44 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears (to 2/10/2023	$5,565.00	Rent arrears (to 2/10/2023
Repairs: (replace hot water cylinder	$2,000.00	Repairs: (replace hot water cylinder
Cleaning (full house	$700.00	Cleaning (full house
Rubbish removal	$300.00	Rubbish removal
Repairs	$7,820.00	Repairs
Filing fee reimbursement	$20.44	Filing fee reimbursement
Net award	$16,405.44
Total payable by Tenant to Landlord	$16,405.44

The landlord attended the hearing. The tenant did not.

I am satisfied that the tenant had received proper notice of the hearing time, date and place and chose not to attend.

The landlord has applied for rent arrears, compensation and reimbursement of the filing fee following the end of the tenancy.

How much is owed for rent?

The tenancy ended on 2 October 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 tenant did not return the keys.

The following chattels were missing at the end of the tenancy: a. Washing machine; b. Fridge; and c. Hot water cylinder.

The landlord had to replace 6 light bulbs.

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.

Video and photographic evidence showed the premises were intentionally damaged during the tenancy. The windows and doors were all left wide open and the heat pump was left on and set at 30 degrees Celsius. The doors and walls all had holes punched in them, there was trash scattered throughout the house and yard. The wall had been damaged to get to the hot water cylinder that was sealed in behind a wall. The hot water cylinder had been removed. The landlord has only claimed for a portion of the costs it has incurred to return the property to a rentable state.

The following damage was caused during the tenancy: a. 4 holes in the walls; b. Repair fee standing oven; c. Replace broken toilet seat lid; d. Repair footing for window in living room; e. Install new curtain rail in living room and 4 bedrooms; f. Replace a set of windows rails in living room; g. Replace door stopper in bedroom; h. Replace curtains in living room and bedroom; i. Replace wardrobe door, kitchen cabinet and kitchen drawers; j. Replace garden tap; and k. Replace 6 lamp holders.

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 considered 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 considered the age and condition of the items at the start of the tenancy and their likely useful lifespan.

Because the lanldord has wholly succeeded with the claim I must reimburse the filing fee.

Claims and awards in Tenancy Tribunal application 4693647 — net $16,405.44 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears (to 2/10/2023	$5,565.00	Rent arrears (to 2/10/2023
Repairs: (replace hot water cylinder	$2,000.00	Repairs: (replace hot water cylinder
Cleaning (full house	$700.00	Cleaning (full house
Rubbish removal	$300.00	Rubbish removal
Repairs	$7,820.00	Repairs
Filing fee reimbursement	$20.44	Filing fee reimbursement
Net award	$16,405.44
Total payable by Tenant to Landlord	$16,405.44

Order

An application for suppression has been made in this case, and the Tribunal orders suppression of the lanlord’s name and identifying details.
Tepaea Tania Kataraina Gurnick must pay the landlord $16,405.44 immediately, calculated as shown in table below.

Reasons

The landlord attended the hearing. The tenant did not.
I am satisfied that the tenant had received proper notice of the hearing time, date and place and chose not to attend.
The landlord has applied for rent arrears, compensation and reimbursement of the filing fee following the end of the tenancy.

How much is owed for rent?

The tenancy ended on 2 October 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 tenant did not return the keys.
The following chattels were missing at the end of the tenancy: a. Washing machine; b. Fridge; and c. Hot water cylinder.
The landlord had to replace 6 light bulbs.
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.
Video and photographic evidence showed the premises were intentionally damaged during the tenancy. The windows and doors were all left wide open and the heat pump was left on and set at 30 degrees Celsius. The doors and walls all had holes punched in them, there was trash scattered throughout the house and yard. The wall had been damaged to get to the hot water cylinder that was sealed in behind a wall. The hot water cylinder had been removed. The landlord has only claimed for a portion of the costs it has incurred to return the property to a rentable state.
The following damage was caused during the tenancy: a. 4 holes in the walls; b. Repair fee standing oven; c. Replace broken toilet seat lid; d. Repair footing for window in living room; e. Install new curtain rail in living room and 4 bedrooms; f. Replace a set of windows rails in living room; g. Replace door stopper in bedroom; h. Replace curtains in living room and bedroom; i. Replace wardrobe door, kitchen cabinet and kitchen drawers; j. Replace garden tap; and k. Replace 6 lamp holders.
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 considered 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 considered the age and condition of the items at the start of the tenancy and their likely useful lifespan.
Because the lanldord has wholly succeeded with the claim I must reimburse the filing fee.

Tenancy Tribunal case 4693647 — Property damage

At a glance

Tenancy Tribunal case 4693647 — Property damage

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

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

Frequently asked questions