What was the outcome of Tenancy Tribunal case 4734029?

The tribunal order states: The tenancy of Faucknor Feu'u and Monica Feu'u at Unit/Flat 1, 3211 Great

How much money was awarded in case 4734029?

Filing Fee: $20.44 awarded to landlord; Property Damage: $2,400.00 awarded to landlord; Water Rates: $1,858.84 awarded to landlord

What type of tenancy dispute was case 4734029?

The primary dispute was Property damage.

Where can I read the official tribunal order for case 4734029?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/9936210-Tenancy_Tribunal_Order.pdf.

What was the outcome of Tenancy Tribunal case 4734029?

The tribunal order states: The tenancy of Faucknor Feu'u and Monica Feu'u at Unit/Flat 1, 3211 Great

How much money was awarded in case 4734029?

Filing Fee: $20.44 awarded to landlord; Property Damage: $2,400.00 awarded to landlord; Water Rates: $1,858.84 awarded to landlord

What type of tenancy dispute was case 4734029?

The primary dispute was Property damage.

Where can I read the official tribunal order for case 4734029?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/9936210-Tenancy_Tribunal_Order.pdf.

Unit/Flat 1, 3211 Great North Road, New Lynn, Auckland Tenancy Tribunal Case 4734029 — Property damage

Order

Claims and awards in Tenancy Tribunal application 4734029 — net $3,763.28 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Water rates	$1,858.84	Water rates
Repairs	$2,400.00	Repairs
Filing fee reimbursement	$20.44	Filing fee reimbursement
Net award	$3,763.28
Total payable by Tenant to Landlord	$3,763.28

The tenancy of Faucknor Feu'u and Monica Feu'u at Unit/Flat 1, 3211 Great North Road, New Lynn, Auckland 0600 is terminated, and possession is granted to Visionwest Community Trust, at 11.59 pm on Sunday 18 February 2024.

The Bond Centre is to pay the bond of $516.00 (6250735-010) to Visionwest Community Trust immediately.

Faucknor Feu'u and Monica Feu'u must pay Visionwest Community Trust $3,763.28 immediately, calculated as shown in the table below:

Reasons

Both parties attended the hearing.

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 pay water bills totalling $1,146,47.

The landlord served a 14-day notice on the tenant on 22/01/2024, and the tenant did not remedy the breach within the required period.

It would be inequitable to refuse to terminate the tenancy because significant overdue water bills have been a constant issue during the tenancy. As well as overdue water bills, careless and intentional damage has been an ongoing issue with the tenancy, and this has been increasing in seriousness in recent times.

The landlord has applied for possession of the premises following the termination of the tenancy.

The landlord has requested that the tenancy end at 11.59pm on Sunday 18 February 2024, which will give them an opportunity to find further accommodation for the tenant. The requirements of section 64(1) of the Residential Tenancies Act 1986 are satisfied.

How much is owed for water rates?

The landlord provided water rates records which prove the amount owing as of today’s date is $1858.84.

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 has been caused during the tenancy: Holes in walls in common areas and in bedrooms, holes in doors, pantry door and wardrobe door and pelmet removed and missing, heated towel rail and toilet roll holder pulled from the wall, door-knob missing. 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 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.

Because Visionwest Community Trust has substantially succeeded with the claim I must reimburse the filing fee.

Claims and awards in Tenancy Tribunal application 4734029 — net $3,763.28 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Water rates	$1,858.84	Water rates
Repairs	$2,400.00	Repairs
Filing fee reimbursement	$20.44	Filing fee reimbursement
Net award	$3,763.28
Total payable by Tenant to Landlord	$3,763.28

Order

The tenancy of Faucknor Feu'u and Monica Feu'u at Unit/Flat 1, 3211 Great North Road, New Lynn, Auckland 0600 is terminated, and possession is granted to Visionwest Community Trust, at 11.59 pm on Sunday 18 February 2024.
The Bond Centre is to pay the bond of $516.00 (6250735-010) to Visionwest Community Trust immediately.
Faucknor Feu'u and Monica Feu'u must pay Visionwest Community Trust $3,763.28 immediately, calculated as shown in the table below:

Reasons

Both parties attended the hearing.
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 pay water bills totalling $1,146,47.
The landlord served a 14-day notice on the tenant on 22/01/2024, and the tenant did not remedy the breach within the required period.
It would be inequitable to refuse to terminate the tenancy because significant overdue water bills have been a constant issue during the tenancy. As well as overdue water bills, careless and intentional damage has been an ongoing issue with the tenancy, and this has been increasing in seriousness in recent times.
The landlord has applied for possession of the premises following the termination of the tenancy.
The landlord has requested that the tenancy end at 11.59pm on Sunday 18 February 2024, which will give them an opportunity to find further accommodation for the tenant. The requirements of section 64(1) of the Residential Tenancies Act 1986 are satisfied.

How much is owed for water rates?

The landlord provided water rates records which prove the amount owing as of today’s date is $1858.84.

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 has been caused during the tenancy: Holes in walls in common areas and in bedrooms, holes in doors, pantry door and wardrobe door and pelmet removed and missing, heated towel rail and toilet roll holder pulled from the wall, door-knob missing. 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 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.
Because Visionwest Community Trust has substantially succeeded with the claim I must reimburse the filing fee.

Tenancy Tribunal case 4734029 — Property damage at Unit/Flat 1, 3211 Great North Road, New Lynn, Auckland

At a glance

Tenancy Tribunal case 4734029 — Property damage at Unit/Flat 1, 3211 Great North Road, New Lynn, Auckland

At a glance

Award balance

Claims & awards

Order

Reasons

How much is owed for water rates?

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 water rates?

Is the tenant responsible for the damage to the premises?

Topics & place

Residential Tenancies Act sections

Key findings

Property management

Frequently asked questions