What was Tenancy Tribunal case 4726935 about?

The tribunal order states: Chevelle Nathan must pay [The landlord/s] $24,728.15 immediately, calculated

How much money was awarded in case 4726935?

Cleaning: $138.00 awarded to landlord; Cleaning: $690.00 awarded to landlord; Filing Fee: $20.44 awarded to landlord; Lawns and Garden Work: $230.00 awarded to landlord; Property Damage: $138.00 awarded to landlord; Property Damage: $4,278.00 awarded to landlord; Rent Arrears: $535.71 awarded to landlord; replaced missing 6 cedar doors and o…: $17,703.00 awarded to landlord; Replace 6 Drawer Chest Dresser: $1,800.00 awarded to landlord; Replace Fridge: $500.00 awarded to landlord; Replace Microwave: $150.00 awarded to landlord; Replace Washer And Dryer: $1,200.00 awarded to landlord; Rubbish Removal: $345.00 awarded to landlord

What type of tenancy dispute was case 4726935?

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

Where can I read the official tribunal order for case 4726935?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/10294590-Tribunal_Order_Redacted.pdf.

What was Tenancy Tribunal case 4726935 about?

The tribunal order states: Chevelle Nathan must pay [The landlord/s] $24,728.15 immediately, calculated

How much money was awarded in case 4726935?

Cleaning: $138.00 awarded to landlord; Cleaning: $690.00 awarded to landlord; Filing Fee: $20.44 awarded to landlord; Lawns and Garden Work: $230.00 awarded to landlord; Property Damage: $138.00 awarded to landlord; Property Damage: $4,278.00 awarded to landlord; Rent Arrears: $535.71 awarded to landlord; replaced missing 6 cedar doors and o…: $17,703.00 awarded to landlord; Replace 6 Drawer Chest Dresser: $1,800.00 awarded to landlord; Replace Fridge: $500.00 awarded to landlord; Replace Microwave: $150.00 awarded to landlord; Replace Washer And Dryer: $1,200.00 awarded to landlord; Rubbish Removal: $345.00 awarded to landlord

What type of tenancy dispute was case 4726935?

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

Where can I read the official tribunal order for case 4726935?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/10294590-Tribunal_Order_Redacted.pdf.

65 Beach Road, Pahurehure, Papakura 2113 Tenancy Tribunal Case 4726935 — Property damage

Reasons

Claims and awards in Tenancy Tribunal application 4726935 — net $24,728.15 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears to 6 October 2023	$535.71	Rent arrears to 6 October 2023
Cleaning	$690.00	Cleaning
Rubbish removal	$345.00	Rubbish removal
Lawns and Garden work	$230.00	Lawns and Garden work
Carpet Cleaning	$138.00	Carpet Cleaning
Window repairs	$138.00	Window repairs
Replace fridge	$500.00	Replace fridge
Replace microwave	$150.00	Replace microwave
Replace washer and dryer	$1,200.00	Replace washer and dryer
Replace 6 drawer chest dresser	$1,800.00	Replace 6 drawer chest dresser
Reinstatement of hot water cylinder, including repairs to hole in roof cut and damaged by tenant	$4,278.00	Reinstatement of hot water cylinder, including repairs to hole in roof cut and damaged by tenant
Repairs: replaced missing 6 cedar doors and one external door	$17,703.00	Repairs: replaced missing 6 cedar doors and one external door
Filing fee reimbursement	$20.44	Filing fee reimbursement
Net award	$24,728.15
Total payable by Tenant to Landlord	$24,728.15

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?

The tenant abandoned the tenancy on or about 6 October 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 did not leave the premises reasonably clean and tidy, and did not remove all rubbish.

The following chattels were missing at the end of the tenancy: fridge, microwave, washer and dryer, chest drawer, hot water cylinder, 6 cedar doors and an external door.

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 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 windows, hot water cylinder piping and roof were damaged during the tenancy. The damage is more than fair wear and tear, and the tenant has not disproved liability for the damage. The damage was intentional.

Only 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.

Claims and awards in Tenancy Tribunal application 4726935 — net $24,728.15 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears to 6 October 2023	$535.71	Rent arrears to 6 October 2023
Cleaning	$690.00	Cleaning
Rubbish removal	$345.00	Rubbish removal
Lawns and Garden work	$230.00	Lawns and Garden work
Carpet Cleaning	$138.00	Carpet Cleaning
Window repairs	$138.00	Window repairs
Replace fridge	$500.00	Replace fridge
Replace microwave	$150.00	Replace microwave
Replace washer and dryer	$1,200.00	Replace washer and dryer
Replace 6 drawer chest dresser	$1,800.00	Replace 6 drawer chest dresser
Reinstatement of hot water cylinder, including repairs to hole in roof cut and damaged by tenant	$4,278.00	Reinstatement of hot water cylinder, including repairs to hole in roof cut and damaged by tenant
Repairs: replaced missing 6 cedar doors and one external door	$17,703.00	Repairs: replaced missing 6 cedar doors and one external door
Filing fee reimbursement	$20.44	Filing fee reimbursement
Net award	$24,728.15
Total payable by Tenant to Landlord	$24,728.15

Order

Chevelle Nathan must pay [The landlord/s] $24,728.15 immediately, calculated as shown in table below.
The Bond Centre is to pay the bond of $3,000.00 ([Bond number suppressed]) to [The landlord/s] 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?

The tenant abandoned the tenancy on or about 6 October 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 did not leave the premises reasonably clean and tidy, and did not remove all rubbish.
The following chattels were missing at the end of the tenancy: fridge, microwave, washer and dryer, chest drawer, hot water cylinder, 6 cedar doors and an external door.

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 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 windows, hot water cylinder piping and roof were damaged during the tenancy. The damage is more than fair wear and tear, and the tenant has not disproved liability for the damage. The damage was intentional.
Only 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.

Tenancy Tribunal case 4726935 — Property damage at 65 Beach Road, Pahurehure, Papakura 2113

At a glance

Tenancy Tribunal case 4726935 — Property damage at 65 Beach Road, Pahurehure, Papakura 2113

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

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

Frequently asked questions