What was the outcome of Tenancy Tribunal case 4695571?

The tribunal order states: The Bond Centre is to pay the bond of $840.00 (6242010-002) to Purple

How much money was awarded in case 4695571?

Filing Fee: $20.44 awarded to landlord; Property Damage: $26.00 awarded to landlord; Rent Arrears: $160.00 awarded to landlord; Replace door lock and handle (Room 3…: $224.25 awarded to landlord; Property Damage: $298.27 awarded to landlord; Property Damage: $326.68 awarded to landlord

What type of tenancy dispute was case 4695571?

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

Where can I read the official tribunal order for case 4695571?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/9845851-Tenancy_Tribunal_Order.pdf.

What was the outcome of Tenancy Tribunal case 4695571?

The tribunal order states: The Bond Centre is to pay the bond of $840.00 (6242010-002) to Purple

How much money was awarded in case 4695571?

Filing Fee: $20.44 awarded to landlord; Property Damage: $26.00 awarded to landlord; Rent Arrears: $160.00 awarded to landlord; Replace door lock and handle (Room 3…: $224.25 awarded to landlord; Property Damage: $298.27 awarded to landlord; Property Damage: $326.68 awarded to landlord

What type of tenancy dispute was case 4695571?

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

Where can I read the official tribunal order for case 4695571?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/9845851-Tenancy_Tribunal_Order.pdf.

Room 36, 9 Mitchell Avenue, Maryhill, Dunedin 9011, Inges Tenancy Tribunal Case 4695571 — Property damage

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Room 36, 9 Mitchell Avenue, Maryhill, Dunedin 9011, Inges Tenancy Tribunal Case 4695571 — 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 4695571 — net $215.64 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears	$160.00	Rent arrears
Window repairs: (Room 36	$326.68	Window repairs: (Room 36
Repairs: Replace door lock and handle (Room 36	$224.25	Repairs: Replace door lock and handle (Room 36
Window repairs: (Room 12	$298.27	Window repairs: (Room 12
Lock/key replacement: security keys	$26.00	Lock/key replacement: security keys
Filing fee reimbursement	$20.44	Filing fee reimbursement
Net award	$215.64
Total payable by Tenant to Landlord	$215.64

Claims and awards for application 4695571 — net $215.64 NZD. Verify on MoJ.

Rent arrears

Amount: $160.00
Awarded to: Landlord
Reason: Rent arrears

Window repairs: (Room 36

Amount: $326.68
Awarded to: Landlord
Reason: Window repairs: (Room 36

Repairs: Replace door lock and handle (Room 36

Amount: $224.25
Awarded to: Landlord
Reason: Repairs: Replace door lock and handle (Room 36

Window repairs: (Room 12

Amount: $298.27
Awarded to: Landlord
Reason: Window repairs: (Room 12

Lock/key replacement: security keys

Amount: $26.00
Awarded to: Landlord
Reason: Lock/key replacement: security keys

Claim types — money lines allowed on this order

Filing Fee Property damage Rent arrears

Order

The Bond Centre is to pay the bond of $840.00 (6242010-002) to Purple Properties Limited as agent for Mitchell Enterprises immediately.
Nathan Graham Parry must pay Purple Properties Limited as agent for Mitchell Enterprises $215.64 immediately, calculated as shown in table below:

Reasons

Only the landlord attended the hearing, represented by Ms Brash. This application was filed on 26 September 2023, more than two months following the end of the tenancy. Accordingly the usual service provisions set out in Section 91A of the Residential Tenancies Act 1986 do not apply.
I am satisfied that all reasonable efforts have been made to serve the notice and that the landlord’s application has come to the tenant’s attention. All documents have been served at the email address for service supplied in the tenancy agreement and have been sent to the alternative contact address listed in the tenancy agreement. I therefore direct that the application be treated as having been served on the tenant.
The landlord has applied for rent arrears, compensation, refund of the bond, and reimbursement of the filing fee following the end of the boarding house tenancy.

How much is owed for rent?

The tenancy began on 23 November 2022 and ended on 6 April 2023 following an incident at the property. The landlord has provided records which prove the amount of rent owing to the end of the tenancy ($160.00).

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 goods and rubbish, return all keys and security devices, and leave all chattels provided for their benefit. See section 66M(b) to (e) Residential Tenancies Act 1986.
The landlord sought $45.00 for cleaning. Ms Brash explained that the tenant left his room tidy but hadn’t vacuumed, wiped down surfaces or washed his mattress protector. However even after reviewing the evidence provided I was unable to find this claim proved, as I was not provided with clear photos showing the specific areas. In any event, it is to be expected that some additional cleaning is likely to be required when a tenant vacates, prior to a new tenant moving in.
The tenant did not return the keys, which had been lost some time before the end of the tenancy. The keys were security keys and so needed to be re-cut at some expense. The landlord provided an invoice from Dunedin Security Locksmiths in the amount of $26.00.
The amount ordered is 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 49B, 66K(2)(a), and 66L RTA
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: a. Broken window (Room 36): Invoice for repair from Retromaster Limited in the amount of $326.68 b. Door look and handle replacement (Room 36): Invoice for repair from Al Paterson in the amount of $224.25 c. Broekn window (Room 12): Invoice for repair from Retromaster Limited in the amount of $298.27
The damage is more than fair wear and tear, and the tenant has not disproved liability for the damage. The landlord provided CCTV still footage of the tenant entering Room 12 (being the room of another tenant) on the day of the damage. All are less than the landlord’s insurance excess.
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 my view it is not appropriate to deduct any amounts because the damage was all caused to windows and locks which would not ordinarily need replacement.
Because Purple Properties Limited As Agent For Mitchell Enterprises has substantially succeeded with the claim I have reimbursed the filing fee of $20.44. No orders were sought for name suppression.

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 4695571 — net $215.64 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears	$160.00	Rent arrears
Window repairs: (Room 36	$326.68	Window repairs: (Room 36
Repairs: Replace door lock and handle (Room 36	$224.25	Repairs: Replace door lock and handle (Room 36
Window repairs: (Room 12	$298.27	Window repairs: (Room 12
Lock/key replacement: security keys	$26.00	Lock/key replacement: security keys
Filing fee reimbursement	$20.44	Filing fee reimbursement
Net award	$215.64
Total payable by Tenant to Landlord	$215.64

Claims and awards for application 4695571 — net $215.64 NZD. Verify on MoJ.

Rent arrears

Amount: $160.00
Awarded to: Landlord
Reason: Rent arrears

Window repairs: (Room 36

Amount: $326.68
Awarded to: Landlord
Reason: Window repairs: (Room 36

Repairs: Replace door lock and handle (Room 36

Amount: $224.25
Awarded to: Landlord
Reason: Repairs: Replace door lock and handle (Room 36

Window repairs: (Room 12

Amount: $298.27
Awarded to: Landlord
Reason: Window repairs: (Room 12

Lock/key replacement: security keys

Amount: $26.00
Awarded to: Landlord
Reason: Lock/key replacement: security keys

Claim types — money lines allowed on this order

Filing Fee Property damage Rent arrears

Order

The Bond Centre is to pay the bond of $840.00 (6242010-002) to Purple Properties Limited as agent for Mitchell Enterprises immediately.
Nathan Graham Parry must pay Purple Properties Limited as agent for Mitchell Enterprises $215.64 immediately, calculated as shown in table below:

Reasons

Only the landlord attended the hearing, represented by Ms Brash. This application was filed on 26 September 2023, more than two months following the end of the tenancy. Accordingly the usual service provisions set out in Section 91A of the Residential Tenancies Act 1986 do not apply.
I am satisfied that all reasonable efforts have been made to serve the notice and that the landlord’s application has come to the tenant’s attention. All documents have been served at the email address for service supplied in the tenancy agreement and have been sent to the alternative contact address listed in the tenancy agreement. I therefore direct that the application be treated as having been served on the tenant.
The landlord has applied for rent arrears, compensation, refund of the bond, and reimbursement of the filing fee following the end of the boarding house tenancy.

How much is owed for rent?

The tenancy began on 23 November 2022 and ended on 6 April 2023 following an incident at the property. The landlord has provided records which prove the amount of rent owing to the end of the tenancy ($160.00).

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 goods and rubbish, return all keys and security devices, and leave all chattels provided for their benefit. See section 66M(b) to (e) Residential Tenancies Act 1986.
The landlord sought $45.00 for cleaning. Ms Brash explained that the tenant left his room tidy but hadn’t vacuumed, wiped down surfaces or washed his mattress protector. However even after reviewing the evidence provided I was unable to find this claim proved, as I was not provided with clear photos showing the specific areas. In any event, it is to be expected that some additional cleaning is likely to be required when a tenant vacates, prior to a new tenant moving in.
The tenant did not return the keys, which had been lost some time before the end of the tenancy. The keys were security keys and so needed to be re-cut at some expense. The landlord provided an invoice from Dunedin Security Locksmiths in the amount of $26.00.
The amount ordered is 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 49B, 66K(2)(a), and 66L RTA
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: a. Broken window (Room 36): Invoice for repair from Retromaster Limited in the amount of $326.68 b. Door look and handle replacement (Room 36): Invoice for repair from Al Paterson in the amount of $224.25 c. Broekn window (Room 12): Invoice for repair from Retromaster Limited in the amount of $298.27
The damage is more than fair wear and tear, and the tenant has not disproved liability for the damage. The landlord provided CCTV still footage of the tenant entering Room 12 (being the room of another tenant) on the day of the damage. All are less than the landlord’s insurance excess.
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 my view it is not appropriate to deduct any amounts because the damage was all caused to windows and locks which would not ordinarily need replacement.
Because Purple Properties Limited As Agent For Mitchell Enterprises has substantially succeeded with the claim I have reimbursed the filing fee of $20.44. No orders were sought for name suppression.

Tenancy Tribunal case 4695571 — Property damage at Room 36, 9 Mitchell Avenue, Maryhill, Dunedin 9011, Inges

At a glance

Tenancy Tribunal case 4695571 — Property damage at Room 36, 9 Mitchell Avenue, Maryhill, Dunedin 9011, Inges

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