What was the outcome of Tenancy Tribunal case 4702009?

The tribunal order states: Krystal (Marie) Tyler, Michael Joseph Nuggent and Debra Diana Tyler must pay

How much money was awarded in case 4702009?

Filing Fee: $20.44 awarded to landlord; Property Damage: $651.56 awarded to landlord; Rent Arrears: $3,240.00 awarded to landlord; Bathroom: $14,570.50 awarded to landlord; Fireplace Surrounds: $2,173.50 awarded to landlord; Mailboxes: $874.00 awarded to landlord; Structural Wall And Roof: $15,000.00 awarded to landlord; Property Damage: $7,000.00 awarded to landlord; Rubbish Removal: $2,500.00 awarded to landlord; Water Rates: $543.91 awarded to landlord

What type of tenancy dispute was case 4702009?

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

Where can I read the official tribunal order for case 4702009?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/10061795-Tenancy_Tribunal_Order.pdf.

What was the outcome of Tenancy Tribunal case 4702009?

The tribunal order states: Krystal (Marie) Tyler, Michael Joseph Nuggent and Debra Diana Tyler must pay

How much money was awarded in case 4702009?

Filing Fee: $20.44 awarded to landlord; Property Damage: $651.56 awarded to landlord; Rent Arrears: $3,240.00 awarded to landlord; Bathroom: $14,570.50 awarded to landlord; Fireplace Surrounds: $2,173.50 awarded to landlord; Mailboxes: $874.00 awarded to landlord; Structural Wall And Roof: $15,000.00 awarded to landlord; Property Damage: $7,000.00 awarded to landlord; Rubbish Removal: $2,500.00 awarded to landlord; Water Rates: $543.91 awarded to landlord

What type of tenancy dispute was case 4702009?

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

Where can I read the official tribunal order for case 4702009?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/10061795-Tenancy_Tribunal_Order.pdf.

84 Settlement Road, Papakura, Papakura 2110 Tenancy Tribunal Case 4702009 — Property damage

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84 Settlement Road, Papakura, Papakura 2110 Tenancy Tribunal Case 4702009 — 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 4702009 — net $43,973.91 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears to 4 March 2024	$3,240.00	Rent arrears to 4 March 2024
Repairs: bathroom	$14,570.50	Repairs: bathroom
Repairs: structural wall and roof	$15,000.00	Repairs: structural wall and roof
Repairs: fireplace surrounds	$2,173.50	Repairs: fireplace surrounds
Rubbish removal: including cleaning, less sale of items of value	$2,500.00	Rubbish removal: including cleaning, less sale of items of value
Repairs: mailboxes	$874.00	Repairs: mailboxes
Lock/key replacement	$651.56	Lock/key replacement
Replace furnishings: carpet replacement, less depreciation	$7,000.00	Replace furnishings: carpet replacement, less depreciation
Water rates	$543.91	Water rates
Filing fee reimbursement	$20.44	Filing fee reimbursement
Net award	$43,973.91
Total payable by Tenant to Landlord	$43,973.91

Claims and awards for application 4702009 — net $43,973.91 NZD. Verify on MoJ.

Rent arrears to 4 March 2024

Amount: $3,240.00
Awarded to: Landlord
Reason: Rent arrears to 4 March 2024

Repairs: bathroom

Amount: $14,570.50
Awarded to: Landlord
Reason: Repairs: bathroom

Repairs: structural wall and roof

Amount: $15,000.00
Awarded to: Landlord
Reason: Repairs: structural wall and roof

Repairs: fireplace surrounds

Amount: $2,173.50
Awarded to: Landlord
Reason: Repairs: fireplace surrounds

Rubbish removal: including cleaning, less sale of items of value

Amount: $2,500.00
Awarded to: Landlord
Reason: Rubbish removal: including cleaning, less sale of items of value

Claim types — money lines allowed on this order

Filing Fee Property damage Rent arrears Rubbish Removal Water Rates

Order

Krystal (Marie) Tyler, Michael Joseph Nuggent and Debra Diana Tyler must pay Archie & Co Limited $43,973.91 immediately, calculated as shown in table below.
The Bond Centre is to pay the bond of $2,600.00 (3077369-016) to Archie & Co Limited immediately.

Reasons

Only the landlord attended 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 and water rates?

The tenancy ended on 4 March 2024. The landlord provided rent records and water rates invoices 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.
The tenant did not leave the premises reasonably clean and tidy, and did not remove all rubbish.
The keys and locks had to be changed due to significant and intentional damage to the premises by the tenant.
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.
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 intentionally caused during the tenancy: bathroom, structural wall, roof, fireplace surrounds, mailboxes, and carpet. The damage is more than fair wear and tear, and the tenant has not disproved liability for the damage.
The amounts ordered are proved. The landlord’s loss is not covered by insurance.
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.

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 4702009 — net $43,973.91 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears to 4 March 2024	$3,240.00	Rent arrears to 4 March 2024
Repairs: bathroom	$14,570.50	Repairs: bathroom
Repairs: structural wall and roof	$15,000.00	Repairs: structural wall and roof
Repairs: fireplace surrounds	$2,173.50	Repairs: fireplace surrounds
Rubbish removal: including cleaning, less sale of items of value	$2,500.00	Rubbish removal: including cleaning, less sale of items of value
Repairs: mailboxes	$874.00	Repairs: mailboxes
Lock/key replacement	$651.56	Lock/key replacement
Replace furnishings: carpet replacement, less depreciation	$7,000.00	Replace furnishings: carpet replacement, less depreciation
Water rates	$543.91	Water rates
Filing fee reimbursement	$20.44	Filing fee reimbursement
Net award	$43,973.91
Total payable by Tenant to Landlord	$43,973.91

Claims and awards for application 4702009 — net $43,973.91 NZD. Verify on MoJ.

Rent arrears to 4 March 2024

Amount: $3,240.00
Awarded to: Landlord
Reason: Rent arrears to 4 March 2024

Repairs: bathroom

Amount: $14,570.50
Awarded to: Landlord
Reason: Repairs: bathroom

Repairs: structural wall and roof

Amount: $15,000.00
Awarded to: Landlord
Reason: Repairs: structural wall and roof

Repairs: fireplace surrounds

Amount: $2,173.50
Awarded to: Landlord
Reason: Repairs: fireplace surrounds

Rubbish removal: including cleaning, less sale of items of value

Amount: $2,500.00
Awarded to: Landlord
Reason: Rubbish removal: including cleaning, less sale of items of value

Claim types — money lines allowed on this order

Filing Fee Property damage Rent arrears Rubbish Removal Water Rates

Order

Krystal (Marie) Tyler, Michael Joseph Nuggent and Debra Diana Tyler must pay Archie & Co Limited $43,973.91 immediately, calculated as shown in table below.
The Bond Centre is to pay the bond of $2,600.00 (3077369-016) to Archie & Co Limited immediately.

Reasons

Only the landlord attended 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 and water rates?

The tenancy ended on 4 March 2024. The landlord provided rent records and water rates invoices 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.
The tenant did not leave the premises reasonably clean and tidy, and did not remove all rubbish.
The keys and locks had to be changed due to significant and intentional damage to the premises by the tenant.
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.
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 intentionally caused during the tenancy: bathroom, structural wall, roof, fireplace surrounds, mailboxes, and carpet. The damage is more than fair wear and tear, and the tenant has not disproved liability for the damage.
The amounts ordered are proved. The landlord’s loss is not covered by insurance.
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.

Tenancy Tribunal case 4702009 — Property damage at 84 Settlement Road, Papakura, Papakura 2110

At a glance

Tenancy Tribunal case 4702009 — Property damage at 84 Settlement Road, Papakura, Papakura 2110

At a glance

Award balance

Claims & awards

Order

Reasons

How much is owed for rent and water rates?

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 and water rates?

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