What was the outcome of Tenancy Tribunal case 4712329?

The tribunal order states: Albert Royle Poharama must pay Gregory Colin McKay and Matthew Riddell

How much money was awarded in case 4712329?

Filing Fee: $20.44 awarded to landlord; Property Damage: $614.10 awarded to landlord; walls, hole in kitchen floor, door h…: $2,000.00 awarded to landlord; Rubbish Removal: $992.81 awarded to landlord

What type of tenancy dispute was case 4712329?

The primary dispute was Property damage.

Where can I read the official tribunal order for case 4712329?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/9911595-Tenancy_Tribunal_Order.pdf.

What was the outcome of Tenancy Tribunal case 4712329?

The tribunal order states: Albert Royle Poharama must pay Gregory Colin McKay and Matthew Riddell

How much money was awarded in case 4712329?

Filing Fee: $20.44 awarded to landlord; Property Damage: $614.10 awarded to landlord; walls, hole in kitchen floor, door h…: $2,000.00 awarded to landlord; Rubbish Removal: $992.81 awarded to landlord

What type of tenancy dispute was case 4712329?

The primary dispute was Property damage.

Where can I read the official tribunal order for case 4712329?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/9911595-Tenancy_Tribunal_Order.pdf.

56B Cobham Drive, Kawerau, Kawerau 3127 Tenancy Tribunal Case 4712329 — Property damage

Reasons

Claims and awards in Tenancy Tribunal application 4712329 — net $3,627.35 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Lock/key replacement	$614.10	Lock/key replacement
Cleaning and rubbish removal	$992.81	Cleaning and rubbish removal
Repairs: walls, hole in kitchen floor, door handles	$2,000.00	Repairs: walls, hole in kitchen floor, door handles
Filing fee reimbursement	$20.44	Filing fee reimbursement
Net award	$3,627.35
Total payable by Tenant to Landlord	$3,627.35

The landlord attended the hearing. The tenant did not appear.

The landlord has applied for compensation, and reimbursement of the filing fee following 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 and the back door lock was broken.

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 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: holes in walls in the lounge and both bedrooms, large hole in kitchen floor, and broken door handles. 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 claimed $6,006.54 but acknowledges that the invoice provided covers some wear and tear and routine maintenance or upgrades. I award $2,000.00 as fair, reasonable, and proportionate compensation for damage caused by the tenant.

The landlord also claimed $1760.00 for 8 weeks lost rent while the work was being done. The landlord was unable to show a direct relationship between the damage, the time it took to remedy, and the delay in re-letting. A tenant is not required to leave premises in such a condition that a new tenant can move in straightaway. A realistic landlord’s business plan should, therefore, include an allowance for some loss of rent between tenancies, particularly where a tenancy has lasted for some time. As this tenancy lasted almost 7 years, some routine maintenance was needed at the same time as the repairs which was acknowledged by the landlord.

As the landlord has substantially succeeded with the claim, the tenant must reimburse the filing fee.

Claims and awards in Tenancy Tribunal application 4712329 — net $3,627.35 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Lock/key replacement	$614.10	Lock/key replacement
Cleaning and rubbish removal	$992.81	Cleaning and rubbish removal
Repairs: walls, hole in kitchen floor, door handles	$2,000.00	Repairs: walls, hole in kitchen floor, door handles
Filing fee reimbursement	$20.44	Filing fee reimbursement
Net award	$3,627.35
Total payable by Tenant to Landlord	$3,627.35

Order

Albert Royle Poharama must pay Gregory Colin McKay and Matthew Riddell $3,627.35 immediately, calculated as shown in table below.

Reasons

The landlord attended the hearing. The tenant did not appear.
The landlord has applied for compensation, and reimbursement of the filing fee following 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 and the back door lock was broken.
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 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: holes in walls in the lounge and both bedrooms, large hole in kitchen floor, and broken door handles. 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 claimed $6,006.54 but acknowledges that the invoice provided covers some wear and tear and routine maintenance or upgrades. I award $2,000.00 as fair, reasonable, and proportionate compensation for damage caused by the tenant.
The landlord also claimed $1760.00 for 8 weeks lost rent while the work was being done. The landlord was unable to show a direct relationship between the damage, the time it took to remedy, and the delay in re-letting. A tenant is not required to leave premises in such a condition that a new tenant can move in straightaway. A realistic landlord’s business plan should, therefore, include an allowance for some loss of rent between tenancies, particularly where a tenancy has lasted for some time. As this tenancy lasted almost 7 years, some routine maintenance was needed at the same time as the repairs which was acknowledged by the landlord.
As the landlord has substantially succeeded with the claim, the tenant must reimburse the filing fee.

Tenancy Tribunal case 4712329 — Property damage at 56B Cobham Drive, Kawerau, Kawerau 3127

At a glance

Tenancy Tribunal case 4712329 — Property damage at 56B Cobham Drive, Kawerau, Kawerau 3127

At a glance

Award balance

Claims & awards

Order

Reasons

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

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