What was the outcome of Tenancy Tribunal case 4702451?

The tribunal order states: The tenancy of Melehavoi Hunter at Unit/Flat 5, 48 Avenue Road, Otahuhu,

How much money was awarded in case 4702451?

Electrician Callout: $192.17 awarded to landlord; Property Damage: $600.00 awarded to landlord; Property Damage: $419.00 awarded to landlord; Property Damage: $1,472.00 awarded to landlord; Property Damage: $191.48 awarded to landlord

What type of tenancy dispute was case 4702451?

The primary dispute was Property damage. Related themes: Exemplary damages.

Where can I read the official tribunal order for case 4702451?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/9664531-Tenancy_Tribunal_Order.pdf.

What was the outcome of Tenancy Tribunal case 4702451?

The tribunal order states: The tenancy of Melehavoi Hunter at Unit/Flat 5, 48 Avenue Road, Otahuhu,

How much money was awarded in case 4702451?

Electrician Callout: $192.17 awarded to landlord; Property Damage: $600.00 awarded to landlord; Property Damage: $419.00 awarded to landlord; Property Damage: $1,472.00 awarded to landlord; Property Damage: $191.48 awarded to landlord

What type of tenancy dispute was case 4702451?

The primary dispute was Property damage. Related themes: Exemplary damages.

Where can I read the official tribunal order for case 4702451?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/9664531-Tenancy_Tribunal_Order.pdf.

Unit/Flat 5, 48 Avenue Road, Otahuhu, Auckland 1062 Tenancy Tribunal Case 4702451 — Property damage

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Order

Claims and awards in Tenancy Tribunal application 4702451 — net $1,314.65 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Electrician callout	$192.17	Electrician callout
Window repairs: Reglaze front sash window	$191.48	Window repairs: Reglaze front sash window
Repairs: Damaged locks and ranchslider lock	$419.00	Repairs: Damaged locks and ranchslider lock
Window repairs: Broken windows lounge, kitchen, ranchslider	$1,472.00	Window repairs: Broken windows lounge, kitchen, ranchslider
Exemplary damages- possession of illicit substances	$600.00	possession of illicit substances
Net award	$1,314.65
Total payable by Tenant to Landlord	$1,314.65

The tenancy of Melehavoi Hunter at Unit/Flat 5, 48 Avenue Road, Otahuhu, Auckland 1062 is terminated, and possession is granted to Oracle Property Management Limited As Agent For Avisha Ltd, immediately.

The Bond Centre is to pay the bond of $1,560.00 (3179977-024) to Oracle Property Management Limited As Agent For Avisha Ltd immediately.

Melehavoi Hunter must pay Oracle Property Management Limited As Agent For Avisha Ltd $1,314.65 immediately, calculated as shown in table below.

Reasons

The Landlord attended the hearing. The Tenant did not appear.

The landlord has applied for termination of the tenancy for breach of the tenant’s obligations, exemplary damages, compensation, reimbursement of the filing fee and refund of the bond.

Should the tenancy be terminated?

The Tribunal may terminate a tenancy for breach where, due to the nature or extent of the breach, it would be inequitable to refuse to terminate. See section 56(1) Residential Tenancies Act 1986.

Where the breach is capable of remedy the landlord must first serve a notice on the tenant requiring them to remedy the breach within at least 14 days and establish that the tenant has failed to do so.

The tenant has breached their obligations by failing to repair the front door lock, clean the kitchen stove and rangehood, clean the basin, shower glass and floors, clean the bedroom and repair the bedroom door.

The landlord served a 14-day notice on the tenant on 18 August 2023, and the tenant did not remedy the breach within the required period.

A further 14-day notice was provided on 13 September 2023, which listed additional items that required remedy such as the cracked kitchen window and the presence of an unlawful cooktop in the property which was in breach of the Health and Safety Building code. This was not remedied either.

It would be inequitable to refuse to terminate the tenancy because the Tenant failed to repair the front door which was a serious security issue for the Landlord and the Tenant had a portable gas cooker and butane gas can on the kitchen bench which was a safety hazard. The Landlord had also sent multiple notices to the Tenant requesting they clean up the property and attend to repairs. The Tenant however left the property and there were now other occupants in the property that were unknown to the Landlord. The Landlord also found illicit substances on the property. Exemplary damages

Oracle Property Management Limited As Agent For Avisha Ltd claims the Tenant has used the premises unlawfully, by having possession of marijuana on the property. On 18 September 2023, the owners undertook a maintenance inspection and found a bowl of marijuana on a coffee table. They provided photos of this. They also submitted there was a butane gas burner which the Tenants may have used for their illicit substances. The Landlord reported this to Police.

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.

It is unlawful to have possession of marijuana pursuant to the Misuse of Drugs Act 1975.

The tenant had possession of marijuana in the lounge. I find they have 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.

The Landlord submitted this was intentional breaching by the Tenant indicated by the butane burner found at the property. The Tenant had multiple parties at the property which the neighbours found disruptive and loud. The people that attended the parties were sometimes abusive and aggressive towards the neighbours so they were too afraid to report them. The effect of the illegal substances on the property may have been the cause of this behaviour and the Landlord was concerned their property was being used for illegal purposes. The use of drugs may have also attributed to the widespread damage to the property such as the broken windows.

In considering this evidence, I find the Tenant intentionally breached the Tenancy Agreement.

Given this is the first occasion I am aware of that the Tenant has had illicit substances on the property, I find it appropriate to award $600.00 in exemplary damages.

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: broken front door glass, cracked lounge window, three broken bedroom windows, broken kitchen window and broken ranch-slider window and lock. The Landlord provided an ingoing inspection report which showed the damages to the windows and locks occurred during the tenancy.

On 20 October 2023, the neighbours, who were also Tenants of the Landlord contacted the Landlord to report they heard screaming from the property. The Landlord did a welfare check on the Tenant and found the ranch slider damaged. They subsequently found punch holes in the walls on 23 October 2023. The Landlord provided an invoice for repair to the ranch-slider.

The Landlord discovered the kitchen window was broken during an inspection which the Tenant pointed out to her. The Tenant did not offer an explanation. An invoice was provided for the repairs.

The Landlord claimed for the repair of the broken glass in the front door which the Landlord discovered in May 2023 during an inspection. The Tenant promised to repair this but failed to do so during the tenancy. An invoice was provided for the repair.

On 11 August 2023, the Landlord discovered their keys to the ranch-slider did not work. The Tenant acknowledged this lock was broken and her uncle had tried to repair it. The Landlord claimed for the repairs and provided an invoice.

The damages are 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. Call out for electrical repair

On 1 October 2023, the Tenant contacted the Landlord claiming their power was out and they needed an electrician. After finding there was no power outage with the supplier, an electrician was sent however the electrician advised there was nothing wrong with the power. The Tenant had failed to turn the main switch on. An invoice was provided to substantiate the callout fee.

The amount ordered is proved.

As Oracle Property Management Limited As Agent For Avisha Ltd has wholly succeeded with the claim the Tenant must reimburse the filing fee.

Order

Claims and awards in Tenancy Tribunal application 4702451 — net $1,314.65 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Electrician callout	$192.17	Electrician callout
Window repairs: Reglaze front sash window	$191.48	Window repairs: Reglaze front sash window
Repairs: Damaged locks and ranchslider lock	$419.00	Repairs: Damaged locks and ranchslider lock
Window repairs: Broken windows lounge, kitchen, ranchslider	$1,472.00	Window repairs: Broken windows lounge, kitchen, ranchslider
Exemplary damages- possession of illicit substances	$600.00	possession of illicit substances
Net award	$1,314.65
Total payable by Tenant to Landlord	$1,314.65