What was Tenancy Tribunal case 4734893 about?

The tribunal order states: Nicole Anne Cindy Jones, Helen Stella Manzies and Jasmine Marie Cotter must

How much money was awarded in case 4734893?

Cleaning: $1,400.00 awarded to landlord; Compensation: $2,400.00 awarded to landlord; Filing Fee: $20.44 awarded to landlord; Lawns and Garden Work: $688.09 awarded to landlord; Property Damage: $183.38 awarded to landlord; Rent Arrears: $3,686.00 awarded to landlord; 11 Holes In Kitchen/Lounge: $2,407.00 awarded to landlord; Bathroom Ceiling: $650.00 awarded to landlord; Bed 1 Wall: $200.00 awarded to landlord; Hallway Hole: $100.00 awarded to landlord; Replace furnishings: 2 doors bedroom…: $623.00 awarded to landlord; Replace Furnishings: Bed 1 Door: $331.50 awarded to landlord; Replace furnishings: carpet bedroom…: $681.47 awarded to landlord; Replace furnishings: kitchen & loung…: $423.00 awarded to landlord; Replace furnishings: kitchen cupboar…: $202.91 awarded to landlord; Smoke Alarms: $196.55 awarded to landlord; Rubbish Removal: $1,377.00 awarded to landlord; Property Damage: $1,484.00 awarded to landlord

What type of tenancy dispute was case 4734893?

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

Where can I read the official tribunal order for case 4734893?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/9952763-Tribunal_Order_Redacted.pdf.

What was Tenancy Tribunal case 4734893 about?

The tribunal order states: Nicole Anne Cindy Jones, Helen Stella Manzies and Jasmine Marie Cotter must

How much money was awarded in case 4734893?

Cleaning: $1,400.00 awarded to landlord; Compensation: $2,400.00 awarded to landlord; Filing Fee: $20.44 awarded to landlord; Lawns and Garden Work: $688.09 awarded to landlord; Property Damage: $183.38 awarded to landlord; Rent Arrears: $3,686.00 awarded to landlord; 11 Holes In Kitchen/Lounge: $2,407.00 awarded to landlord; Bathroom Ceiling: $650.00 awarded to landlord; Bed 1 Wall: $200.00 awarded to landlord; Hallway Hole: $100.00 awarded to landlord; Replace furnishings: 2 doors bedroom…: $623.00 awarded to landlord; Replace Furnishings: Bed 1 Door: $331.50 awarded to landlord; Replace furnishings: carpet bedroom…: $681.47 awarded to landlord; Replace furnishings: kitchen & loung…: $423.00 awarded to landlord; Replace furnishings: kitchen cupboar…: $202.91 awarded to landlord; Smoke Alarms: $196.55 awarded to landlord; Rubbish Removal: $1,377.00 awarded to landlord; Property Damage: $1,484.00 awarded to landlord

What type of tenancy dispute was case 4734893?

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

Where can I read the official tribunal order for case 4734893?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/9952763-Tribunal_Order_Redacted.pdf.

9 Derby Place, Cannons Creek, Porirua 5024 Tenancy Tribunal Case 4734893 — Property damage

Tenantcheck Insights

9 Derby Place, Cannons Creek, Porirua 5024 Tenancy Tribunal Case 4734893 — 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 4734893 — net $16,074.34 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears to 31/10/23	$3,686.00	Rent arrears to 31/10/23
Cleaning	$1,400.00	Cleaning
Rubbish removal	$1,377.00	Rubbish removal
Lawns and Garden work	$688.09	Lawns and Garden work
Replace furnishings: kitchen & lounge door	$423.00	Replace furnishings: kitchen & lounge door
Replace furnishings: kitchen cupboard panels (2	$202.91	Replace furnishings: kitchen cupboard panels (2
Repairs: 11 holes in kitchen/lounge	$2,407.00	Repairs: 11 holes in kitchen/lounge
Replace furnishings: bed 1 door	$331.50	Replace furnishings: bed 1 door
Repairs: bed 1 wall	$200.00	Repairs: bed 1 wall
Replace furnishings: 2 doors bedroom 3	$623.00	Replace furnishings: 2 doors bedroom 3
Repairs: hallway hole	$100.00	Repairs: hallway hole
Repairs: bathroom ceiling	$650.00	Repairs: bathroom ceiling
Replace smoke alarms: 6	$196.55	Replace smoke alarms: 6
Lock/key replacement	$183.38	Lock/key replacement
Window repairs: 6	$1,484.00	Window repairs: 6
4 weeks rent compensation	$2,400.00	4 weeks rent compensation
Filing fee reimbursement	$20.44	Filing fee reimbursement
Replace furnishings: carpet bedroom 2	$681.47	Replace furnishings: carpet bedroom 2
Net award	$16,074.34
Total payable by Tenant to Landlord	$16,074.34

Claims and awards for application 4734893 — net $16,074.34 NZD. Verify on MoJ.

Rent arrears to 31/10/23

Amount: $3,686.00
Awarded to: Landlord
Reason: Rent arrears to 31/10/23

Cleaning

Amount: $1,400.00
Awarded to: Landlord
Reason: Cleaning

Rubbish removal

Amount: $1,377.00
Awarded to: Landlord
Reason: Rubbish removal

Lawns and Garden work

Amount: $688.09
Awarded to: Landlord
Reason: Lawns and Garden work

Replace furnishings: kitchen & lounge door

Amount: $423.00
Awarded to: Landlord
Reason: Replace furnishings: kitchen & lounge door

Claim types — money lines allowed on this order

Cleanliness Compensation Filing Fee Lawns And Garden Work Property damage Rent arrears Replace Smoke Alarms Rubbish Removal

Order

Nicole Anne Cindy Jones, Helen Stella Manzies and Jasmine Marie Cotter must pay [The landlord/s] $16,074.34 immediately, calculated as shown in table below.
The Bond Centre is to pay the bond of $980.00 ([Bond number suppressed]) to [The landlord/s] immediately.
An application for suppression has been made in this case, and the Tribunal orders suppression of the landlord name and identifying details.

Reasons

The landlord attended the hearing. There was no appearance for the tenant however as she has been served with the notice of hearing, it went ahead in her absence.
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 does the tenant owe?

The tenants advised the landlord by telephone on 3 October that they had vacated the property. They had not provided prior notice of their intention. The landlord provided rent records which prove the amount owing at the end of the tenancy. The amount ordered includes rent in lieu of notice; see section 51(2B) Residential Tenancies Act 1986 (RTA).

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) RTA.
The landlord has established in evidence that the tenant did not leave the premises reasonably clean and tidy, did not remove all rubbish and did not return the keys.
The photographs of the property after the tenant had vacated show a home that has essentially been abandoned. It was filthy, with rubbish strewn everywhere and damage throughout.
Further the landlord has established in evidence that the tenant removed all six of the smoke alarms provided for them. It is appropriate they reimburse the landlord the replacement cost.
The amounts ordered are proven in evidence and considered reasonable in light of the evidence filed.

Is the tenant responsible for the damage to the premises?

The landlord established in evidence that the tenant had left the property considerably damaged. They seek compensation for having to rectify that damage.
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. The landlord’s excess is $1,500 and the weekly rent was $1,600.
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.
I am satisfied that it has been established in evidence that the following damage was caused during the tenancy, and is more likely than not to have been caused intentionally: i. Holes and cracks in the doors in the kitchen, lounge and two bedrooms. ii. Holes and gib on the kitchen cupboards. iii. 11 holes in the walls in the kitchen/lounge area. iv. A hole in the hallway wall. v. Significant mould in the bathroom. vi. Six broken windows.
I have made these findings on the basis of the nature and extent of the damages which were significant.
I also find it established in evidence that the following damage was more likely than not caused carelessly by the tenants: i. Significant mould on the wall in bedroom 1.
I have taken into account betterment and depreciation, in particular with respect to the painting and replacement carpet. 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. Specifically, I have reduced the amount claimed for the carpet replacement by 40% to account for the fact that the carpet was four years old at the end of the tenancy. 1

Should the tenant pay further compensation?

The landlord also seeks compensation of the equivalent of four weeks rent due to the time it took to rectify the house. The tenants intentionally left the home in an extremely dirty and damaged condition. They did not provide notice and did not comply with their obligations pursuant to the RTA.
It has taken the landlord over three months to rectify the property and re-tenant it. The tenants would have been aware that leaving the property in this state would require a considerable amount of work by the landlord to repair. Accordingly, I consider the compensation sought reasonable in the circumstances.
Further, because [The landlord/s] has wholly succeeded with the claim I must reimburse the filing fee. Guarantor
On 17 December 2019 the guarantors Helen Stella Manzies and Jasmine Marie Cotter provided a guarantee to the landlord, which undertook that they would be liable for any breach of the tenant's obligations.
The Tribunal has ordered the tenant to pay $16,074.34 to the landlord for the tenant’s breaches, which are all matters covered by the guarantee. 1 Current depreciation guidelines estimate the life span of carpets in New Zealand residential properties to be 10 years.
I am therefore satisfied that the guarantor is liable under the guarantee to pay the landlord the sum ordered. See section 77(2)(ka) RTA. Suppression
As the landlord was successful in their claim, pursuant to section 95A of the RTA I approve their application for suppression.

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 4734893 — net $16,074.34 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears to 31/10/23	$3,686.00	Rent arrears to 31/10/23
Cleaning	$1,400.00	Cleaning
Rubbish removal	$1,377.00	Rubbish removal
Lawns and Garden work	$688.09	Lawns and Garden work
Replace furnishings: kitchen & lounge door	$423.00	Replace furnishings: kitchen & lounge door
Replace furnishings: kitchen cupboard panels (2	$202.91	Replace furnishings: kitchen cupboard panels (2
Repairs: 11 holes in kitchen/lounge	$2,407.00	Repairs: 11 holes in kitchen/lounge
Replace furnishings: bed 1 door	$331.50	Replace furnishings: bed 1 door
Repairs: bed 1 wall	$200.00	Repairs: bed 1 wall
Replace furnishings: 2 doors bedroom 3	$623.00	Replace furnishings: 2 doors bedroom 3
Repairs: hallway hole	$100.00	Repairs: hallway hole
Repairs: bathroom ceiling	$650.00	Repairs: bathroom ceiling
Replace smoke alarms: 6	$196.55	Replace smoke alarms: 6
Lock/key replacement	$183.38	Lock/key replacement
Window repairs: 6	$1,484.00	Window repairs: 6
4 weeks rent compensation	$2,400.00	4 weeks rent compensation
Filing fee reimbursement	$20.44	Filing fee reimbursement
Replace furnishings: carpet bedroom 2	$681.47	Replace furnishings: carpet bedroom 2
Net award	$16,074.34
Total payable by Tenant to Landlord	$16,074.34

Claims and awards for application 4734893 — net $16,074.34 NZD. Verify on MoJ.

Rent arrears to 31/10/23

Amount: $3,686.00
Awarded to: Landlord
Reason: Rent arrears to 31/10/23

Cleaning

Amount: $1,400.00
Awarded to: Landlord
Reason: Cleaning

Rubbish removal

Amount: $1,377.00
Awarded to: Landlord
Reason: Rubbish removal

Lawns and Garden work

Amount: $688.09
Awarded to: Landlord
Reason: Lawns and Garden work

Replace furnishings: kitchen & lounge door

Amount: $423.00
Awarded to: Landlord
Reason: Replace furnishings: kitchen & lounge door

Claim types — money lines allowed on this order

Cleanliness Compensation Filing Fee Lawns And Garden Work Property damage Rent arrears Replace Smoke Alarms Rubbish Removal

Order

Nicole Anne Cindy Jones, Helen Stella Manzies and Jasmine Marie Cotter must pay [The landlord/s] $16,074.34 immediately, calculated as shown in table below.
The Bond Centre is to pay the bond of $980.00 ([Bond number suppressed]) to [The landlord/s] immediately.
An application for suppression has been made in this case, and the Tribunal orders suppression of the landlord name and identifying details.

Reasons

The landlord attended the hearing. There was no appearance for the tenant however as she has been served with the notice of hearing, it went ahead in her absence.
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 does the tenant owe?

The tenants advised the landlord by telephone on 3 October that they had vacated the property. They had not provided prior notice of their intention. The landlord provided rent records which prove the amount owing at the end of the tenancy. The amount ordered includes rent in lieu of notice; see section 51(2B) Residential Tenancies Act 1986 (RTA).

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) RTA.
The landlord has established in evidence that the tenant did not leave the premises reasonably clean and tidy, did not remove all rubbish and did not return the keys.
The photographs of the property after the tenant had vacated show a home that has essentially been abandoned. It was filthy, with rubbish strewn everywhere and damage throughout.
Further the landlord has established in evidence that the tenant removed all six of the smoke alarms provided for them. It is appropriate they reimburse the landlord the replacement cost.
The amounts ordered are proven in evidence and considered reasonable in light of the evidence filed.

Is the tenant responsible for the damage to the premises?

The landlord established in evidence that the tenant had left the property considerably damaged. They seek compensation for having to rectify that damage.
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. The landlord’s excess is $1,500 and the weekly rent was $1,600.
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.
I am satisfied that it has been established in evidence that the following damage was caused during the tenancy, and is more likely than not to have been caused intentionally: i. Holes and cracks in the doors in the kitchen, lounge and two bedrooms. ii. Holes and gib on the kitchen cupboards. iii. 11 holes in the walls in the kitchen/lounge area. iv. A hole in the hallway wall. v. Significant mould in the bathroom. vi. Six broken windows.
I have made these findings on the basis of the nature and extent of the damages which were significant.
I also find it established in evidence that the following damage was more likely than not caused carelessly by the tenants: i. Significant mould on the wall in bedroom 1.
I have taken into account betterment and depreciation, in particular with respect to the painting and replacement carpet. 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. Specifically, I have reduced the amount claimed for the carpet replacement by 40% to account for the fact that the carpet was four years old at the end of the tenancy. 1

Should the tenant pay further compensation?

The landlord also seeks compensation of the equivalent of four weeks rent due to the time it took to rectify the house. The tenants intentionally left the home in an extremely dirty and damaged condition. They did not provide notice and did not comply with their obligations pursuant to the RTA.
It has taken the landlord over three months to rectify the property and re-tenant it. The tenants would have been aware that leaving the property in this state would require a considerable amount of work by the landlord to repair. Accordingly, I consider the compensation sought reasonable in the circumstances.
Further, because [The landlord/s] has wholly succeeded with the claim I must reimburse the filing fee. Guarantor
On 17 December 2019 the guarantors Helen Stella Manzies and Jasmine Marie Cotter provided a guarantee to the landlord, which undertook that they would be liable for any breach of the tenant's obligations.
The Tribunal has ordered the tenant to pay $16,074.34 to the landlord for the tenant’s breaches, which are all matters covered by the guarantee. 1 Current depreciation guidelines estimate the life span of carpets in New Zealand residential properties to be 10 years.
I am therefore satisfied that the guarantor is liable under the guarantee to pay the landlord the sum ordered. See section 77(2)(ka) RTA. Suppression
As the landlord was successful in their claim, pursuant to section 95A of the RTA I approve their application for suppression.

Tenancy Tribunal case 4734893 — Property damage at 9 Derby Place, Cannons Creek, Porirua 5024

At a glance

Tenancy Tribunal case 4734893 — Property damage at 9 Derby Place, Cannons Creek, Porirua 5024

At a glance

Award balance

Claims & awards

Order

Reasons

How much does the tenant owe?

Did the tenant comply with their obligations at the end of the tenancy?

Is the tenant responsible for the damage to the premises?

Should the tenant pay further compensation?

Topics & place

Residential Tenancies Act sections

Key findings

Frequently asked questions

Award balance

Claims & awards

Order

Reasons

How much does the tenant owe?

Did the tenant comply with their obligations at the end of the tenancy?

Is the tenant responsible for the damage to the premises?

Should the tenant pay further compensation?

Topics & place

Residential Tenancies Act sections

Key findings

Frequently asked questions