What was the outcome of Tenancy Tribunal case 4715609?

The tribunal order states: Puna Tiatoa owes Otago Flats Limited $18,263.04, calculated as shown in table

How much money was awarded in case 4715609?

Cleaning: $1,343.20 awarded to landlord; Filing Fee: $20.44 awarded to landlord; Property Damage: $1,746.88 awarded to landlord; Rent Arrears: $6,567.14 awarded to landlord; (Carpet Installation At 60% Of Cost: $5,652.88 awarded to landlord; Property Damage: $2,932.50 awarded to landlord

What type of tenancy dispute was case 4715609?

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

Where can I read the official tribunal order for case 4715609?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/9964339-Tribunal_Order.pdf.

What was the outcome of Tenancy Tribunal case 4715609?

The tribunal order states: Puna Tiatoa owes Otago Flats Limited $18,263.04, calculated as shown in table

How much money was awarded in case 4715609?

Cleaning: $1,343.20 awarded to landlord; Filing Fee: $20.44 awarded to landlord; Property Damage: $1,746.88 awarded to landlord; Rent Arrears: $6,567.14 awarded to landlord; (Carpet Installation At 60% Of Cost: $5,652.88 awarded to landlord; Property Damage: $2,932.50 awarded to landlord

What type of tenancy dispute was case 4715609?

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

Where can I read the official tribunal order for case 4715609?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/9964339-Tribunal_Order.pdf.

254B Middleton Road, Corstorphine, Dunedin 9012 Tenancy Tribunal Case 4715609 — Property damage

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254B Middleton Road, Corstorphine, Dunedin 9012 Tenancy Tribunal Case 4715609 — 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 4715609 — net $18,263.04 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears (to 20/11/23	$6,567.14	Rent arrears (to 20/11/23
Cleaning	$1,343.20	Cleaning
Repairs: (Carpet Installation at 60% of cost	$5,652.88	Repairs: (Carpet Installation at 60% of cost
Repairs: (Repair costs at 55% of cost	$2,932.50	Repairs: (Repair costs at 55% of cost
Materials for repairs at 25% of cost	$1,746.88	Materials for repairs at 25% of cost
Filing fee reimbursement	$20.44	Filing fee reimbursement
Net award	$18,263.04
Total payable by Tenant to Landlord	$18,263.04

Claims and awards for application 4715609 — net $18,263.04 NZD. Verify on MoJ.

Rent arrears (to 20/11/23

Amount: $6,567.14
Awarded to: Landlord
Reason: Rent arrears (to 20/11/23

Cleaning

Amount: $1,343.20
Awarded to: Landlord
Reason: Cleaning

Repairs: (Carpet Installation at 60% of cost

Amount: $5,652.88
Awarded to: Landlord
Reason: Repairs: (Carpet Installation at 60% of cost

Repairs: (Repair costs at 55% of cost

Amount: $2,932.50
Awarded to: Landlord
Reason: Repairs: (Repair costs at 55% of cost

Materials for repairs at 25% of cost

Amount: $1,746.88
Awarded to: Landlord
Reason: Materials for repairs at 25% of cost

Claim types — money lines allowed on this order

Cleanliness Filing Fee Property damage Rent arrears

Order

Puna Tiatoa owes Otago Flats Limited $18,263.04, calculated as shown in table below “(the debt”).
Puna Tiatoa must repay the debt to the landlord as follows: a. $40.00 per week, towards the repayment of the debt, for 456 weeks commencing on Thursday 22nd February 2024 and ending on Thursday 18th November 2032; and b. $23.04, being repayment of the remainder of the debt, on 25th November 2032.
If the tenant fails to make any of the repayments within 2 working days of the due date, the balance of the debt will be payable immediately.
Repayments of the debt will be allocated in the following order: rent arrears and the filing fee.
Puna Tiatoa is currently unemployed and seeking work. He must inform the landlord immediately if his financial circumstances change and make arrangements to increase the amounts payable each week, for example if he secures employment. If Mr Tiatoa fails to inform the landlord when he commences employment, the balance of the debt will be payable immediately.
William Ingle is not liable for repayment of any of the debt owed to the landlord.

Reasons

Mr Tiatoa, Mr Ingle and the landlord attended the hearing.
The landlord has applied for rent arrears, compensation and reimbursement of the filing fee following the end of the tenancy.

Can Mr Ingle be held liable for the debt?

William Ingle is not liable for repayment of any of the debt owed to the landlord.
He was constructively removed from the tenancy agreement in August 2021, when he informed the landlord that he was moving out and the landlord accepted Mr his verbal notice and accepted Mr Tiatoa moving into the premises in Mr Ingle’s place.
Mr Ingle paid the outstanding rent, just after he moved out, and considered his tenancy at an end, until these proceedings were commenced.
From August 2021, the landlord communicated only with Mr Tiatoa about any issues with the tenancy.
When Mr Titoa’s tenancy ended on 20 November 2023, leaving the debt, the landlord then sought to rely on Mr Ingle not having given it written notice terminating his tenancy to enforce the debt against him. It considered this reasonable because his ex-partner and children had remained in the premises along with her new partner Mr Tiatoa and it saw this as Mr Ingle still deriving some benefit from the tenancy.
I find that Mr Tiatoa was constructively reassigned to the tenancy agreement and Mr Ingle was constructively removed from the tenancy agreement when: a. The landlord accepted Mr Ingle’s verbal notice and accepted Mr Tiatoa’s tenancy of the property; and b. The landlord ceased communicating any issues with the tenancy with Mr Ingle and only communicated that there were significant rent arrears and damages to the property when it took steps to bring Mr Tiatoa’s tenancy to an end in November 2023.
Section 49 of the Residential Tenancies Act 1986 (“RTA”) states “Where any party to a tenancy agreement breaches any of the provisions of the agreement or of this Act, the other party shall take all reasonable steps to limit the damage or loss arising from that breach, in accordance with the rules of law relating to mitigation of loss or damage upon breach of contract”.
The landlord failed to take steps to mitigate or limit its losses when it stopped communicating with Mr Ingle for over 2 years and then sought to rely on the tenancy agreement to hold him liable for the debt incurred by Mr Tiatoa. It is therefore estopped from relying on the tenancy agreement signed by Mr Ingle to recover the debt.

How much is owed for rent?

The tenancy ended on 20 November 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 of his and his family’s possessions.
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.
The following damage was caused during the tenancy:
Damage to the walls and door;
Cat urine soaked through the carpet and the underlay of the carpet, which could not be cleaned, and needed to be replaced.
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. Reimbursement of filing fee
Because Otago Flats Limited has wholly succeeded with the claim I must reimburse the filing fee.

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 4715609 — net $18,263.04 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears (to 20/11/23	$6,567.14	Rent arrears (to 20/11/23
Cleaning	$1,343.20	Cleaning
Repairs: (Carpet Installation at 60% of cost	$5,652.88	Repairs: (Carpet Installation at 60% of cost
Repairs: (Repair costs at 55% of cost	$2,932.50	Repairs: (Repair costs at 55% of cost
Materials for repairs at 25% of cost	$1,746.88	Materials for repairs at 25% of cost
Filing fee reimbursement	$20.44	Filing fee reimbursement
Net award	$18,263.04
Total payable by Tenant to Landlord	$18,263.04

Claims and awards for application 4715609 — net $18,263.04 NZD. Verify on MoJ.

Rent arrears (to 20/11/23

Amount: $6,567.14
Awarded to: Landlord
Reason: Rent arrears (to 20/11/23

Cleaning

Amount: $1,343.20
Awarded to: Landlord
Reason: Cleaning

Repairs: (Carpet Installation at 60% of cost

Amount: $5,652.88
Awarded to: Landlord
Reason: Repairs: (Carpet Installation at 60% of cost

Repairs: (Repair costs at 55% of cost

Amount: $2,932.50
Awarded to: Landlord
Reason: Repairs: (Repair costs at 55% of cost

Materials for repairs at 25% of cost

Amount: $1,746.88
Awarded to: Landlord
Reason: Materials for repairs at 25% of cost

Claim types — money lines allowed on this order

Cleanliness Filing Fee Property damage Rent arrears

Order

Puna Tiatoa owes Otago Flats Limited $18,263.04, calculated as shown in table below “(the debt”).
Puna Tiatoa must repay the debt to the landlord as follows: a. $40.00 per week, towards the repayment of the debt, for 456 weeks commencing on Thursday 22nd February 2024 and ending on Thursday 18th November 2032; and b. $23.04, being repayment of the remainder of the debt, on 25th November 2032.
If the tenant fails to make any of the repayments within 2 working days of the due date, the balance of the debt will be payable immediately.
Repayments of the debt will be allocated in the following order: rent arrears and the filing fee.
Puna Tiatoa is currently unemployed and seeking work. He must inform the landlord immediately if his financial circumstances change and make arrangements to increase the amounts payable each week, for example if he secures employment. If Mr Tiatoa fails to inform the landlord when he commences employment, the balance of the debt will be payable immediately.
William Ingle is not liable for repayment of any of the debt owed to the landlord.

Reasons

Mr Tiatoa, Mr Ingle and the landlord attended the hearing.
The landlord has applied for rent arrears, compensation and reimbursement of the filing fee following the end of the tenancy.

Can Mr Ingle be held liable for the debt?

William Ingle is not liable for repayment of any of the debt owed to the landlord.
He was constructively removed from the tenancy agreement in August 2021, when he informed the landlord that he was moving out and the landlord accepted Mr his verbal notice and accepted Mr Tiatoa moving into the premises in Mr Ingle’s place.
Mr Ingle paid the outstanding rent, just after he moved out, and considered his tenancy at an end, until these proceedings were commenced.
From August 2021, the landlord communicated only with Mr Tiatoa about any issues with the tenancy.
When Mr Titoa’s tenancy ended on 20 November 2023, leaving the debt, the landlord then sought to rely on Mr Ingle not having given it written notice terminating his tenancy to enforce the debt against him. It considered this reasonable because his ex-partner and children had remained in the premises along with her new partner Mr Tiatoa and it saw this as Mr Ingle still deriving some benefit from the tenancy.
I find that Mr Tiatoa was constructively reassigned to the tenancy agreement and Mr Ingle was constructively removed from the tenancy agreement when: a. The landlord accepted Mr Ingle’s verbal notice and accepted Mr Tiatoa’s tenancy of the property; and b. The landlord ceased communicating any issues with the tenancy with Mr Ingle and only communicated that there were significant rent arrears and damages to the property when it took steps to bring Mr Tiatoa’s tenancy to an end in November 2023.
Section 49 of the Residential Tenancies Act 1986 (“RTA”) states “Where any party to a tenancy agreement breaches any of the provisions of the agreement or of this Act, the other party shall take all reasonable steps to limit the damage or loss arising from that breach, in accordance with the rules of law relating to mitigation of loss or damage upon breach of contract”.
The landlord failed to take steps to mitigate or limit its losses when it stopped communicating with Mr Ingle for over 2 years and then sought to rely on the tenancy agreement to hold him liable for the debt incurred by Mr Tiatoa. It is therefore estopped from relying on the tenancy agreement signed by Mr Ingle to recover the debt.

How much is owed for rent?

The tenancy ended on 20 November 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 of his and his family’s possessions.
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.
The following damage was caused during the tenancy:
Damage to the walls and door;
Cat urine soaked through the carpet and the underlay of the carpet, which could not be cleaned, and needed to be replaced.
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. Reimbursement of filing fee
Because Otago Flats Limited has wholly succeeded with the claim I must reimburse the filing fee.

Tenancy Tribunal case 4715609 — Property damage at 254B Middleton Road, Corstorphine, Dunedin 9012

At a glance

Tenancy Tribunal case 4715609 — Property damage at 254B Middleton Road, Corstorphine, Dunedin 9012

At a glance

Award balance

Claims & awards

Order

Reasons

Can Mr Ingle be held liable for the debt?

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

Can Mr Ingle be held liable for the debt?

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