What was Tenancy Tribunal case 4735889 about?

The tribunal order states: Ngatuaine Thomas must pay [The landlord/s] $692.26 immediately for

How much money was awarded in case 4735889?

Filing Fee: $20.44 awarded to landlord; Property Damage: $258.75 awarded to landlord; Property Damage: $2,600.00 awarded to landlord; Water Rates: $413.07 awarded to landlord

What type of tenancy dispute was case 4735889?

The primary dispute was Property damage.

Where can I read the official tribunal order for case 4735889?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/10626662-Tribunal_Order_Redacted.pdf.

What was Tenancy Tribunal case 4735889 about?

The tribunal order states: Ngatuaine Thomas must pay [The landlord/s] $692.26 immediately for

How much money was awarded in case 4735889?

Filing Fee: $20.44 awarded to landlord; Property Damage: $258.75 awarded to landlord; Property Damage: $2,600.00 awarded to landlord; Water Rates: $413.07 awarded to landlord

What type of tenancy dispute was case 4735889?

The primary dispute was Property damage.

Where can I read the official tribunal order for case 4735889?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/10626662-Tribunal_Order_Redacted.pdf.

19 Royal Arch Place, Rosehill, Papakura 2113 Tenancy Tribunal Case 4735889 — Property damage

Claims and awards in Tenancy Tribunal application 4735889 — net $692.26 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Water rates	$413.07	Water rates
Lock/key replacement	$258.75	Lock/key replacement
Filing fee reimbursement	$20.44	Filing fee reimbursement
Insurance excess	$2,600.00	Insurance excess
Net award	$692.26
Total payable by Tenant to Landlord	$692.26

Order

Ngatuaine Thomas must pay [The landlord/s] $692.26 immediately for insurance excess, water bills, keys and locksmith costs and reimbursement of filing fee, as calculated and shown in table below: DescriptionLandlord Water rates$413.07 Lock/key replacement$258.75 Filing fee reimbursement$20.44 Insurance excess$2,600.00 Total award$3,292.26 Minus Bond-$2,600.00 Total payable by Tenant to Landlord$692.26
The bond centre is to refund the bond to the landlord immediately to offset the debt owed by the tenant to the landlord.

Reasons

The landlord attended the hearing, the tenant did not attend. This is the third hearing of this matter, and the tenant has never appeared at any hearing. I have checked and she has received notice of the hearing. I am continuing with the hearing in her absence.
The landlord has applied for water bills , compensation, refund of the bond, and reimbursement of the filing fee following the end of the tenancy. How much is owed for water rates]?
The tenancy ended on 31 August 2023. The landlord provided water rates invoices which prove the amount of $413.07 owing at the end of the tenancy.
I am satisfied that the landlord has proven their claim for water bills.

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 return the keys.
The landlord was a required the locks and keys to be replaced. The landlord has provided the Tribunal with an invoice from “The Locksmith” dated 5 September 2023 for $258.75.
The amount ordered is 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: -Multiple broken windows. -Main door, back door, sliding doors and bedroom doors were broken. -Carpet torn, stained and damaged. -Heat pump broken and remote missing. -Jib and paintwork throughout the house were damaged, requiring re-jibbing, and repainting.
The damage is more than fair wear and tear, and the tenant has not disproved liability for the damage.
The landlord claimed for the cost of the repairs through his insurance. The landlord seeks to recover the cost of the $6000 excess payments that he has had to make to the insurance company.
I refer to paragraph 11 of this Order, that sets out the situation when the landlord is insured and claims on insurance, that the tenant’s liability can only be the lesser of the insurance excess or 4 weeks rent (See s49B(3)(a) RTA.
The tenant is to pay the lesser amount which is four weeks rent and amount to the sum of $2600.00.
I do not have to consider betterment and depreciation given that the insurance excess is all that is being sought from the tenant. Bond refund
The bond is to be refunded to the landlord immediately to offset the debt owed by the tenant to the landlord. Suppression and filing fee:
The landlord has applied for suppression of their name and identifying details. As they have been largely successful with their claim, I am granting suppression.
Because [The applicant/s] has substantially succeeded with the claim I have reimbursed the filing fee.

Claims and awards in Tenancy Tribunal application 4735889 — net $692.26 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Water rates	$413.07	Water rates
Lock/key replacement	$258.75	Lock/key replacement
Filing fee reimbursement	$20.44	Filing fee reimbursement
Insurance excess	$2,600.00	Insurance excess
Net award	$692.26
Total payable by Tenant to Landlord	$692.26

Order

Ngatuaine Thomas must pay [The landlord/s] $692.26 immediately for insurance excess, water bills, keys and locksmith costs and reimbursement of filing fee, as calculated and shown in table below: DescriptionLandlord Water rates$413.07 Lock/key replacement$258.75 Filing fee reimbursement$20.44 Insurance excess$2,600.00 Total award$3,292.26 Minus Bond-$2,600.00 Total payable by Tenant to Landlord$692.26
The bond centre is to refund the bond to the landlord immediately to offset the debt owed by the tenant to the landlord.

Reasons

The landlord attended the hearing, the tenant did not attend. This is the third hearing of this matter, and the tenant has never appeared at any hearing. I have checked and she has received notice of the hearing. I am continuing with the hearing in her absence.
The landlord has applied for water bills , compensation, refund of the bond, and reimbursement of the filing fee following the end of the tenancy. How much is owed for water rates]?
The tenancy ended on 31 August 2023. The landlord provided water rates invoices which prove the amount of $413.07 owing at the end of the tenancy.
I am satisfied that the landlord has proven their claim for water bills.

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 return the keys.
The landlord was a required the locks and keys to be replaced. The landlord has provided the Tribunal with an invoice from “The Locksmith” dated 5 September 2023 for $258.75.
The amount ordered is 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: -Multiple broken windows. -Main door, back door, sliding doors and bedroom doors were broken. -Carpet torn, stained and damaged. -Heat pump broken and remote missing. -Jib and paintwork throughout the house were damaged, requiring re-jibbing, and repainting.
The damage is more than fair wear and tear, and the tenant has not disproved liability for the damage.
The landlord claimed for the cost of the repairs through his insurance. The landlord seeks to recover the cost of the $6000 excess payments that he has had to make to the insurance company.
I refer to paragraph 11 of this Order, that sets out the situation when the landlord is insured and claims on insurance, that the tenant’s liability can only be the lesser of the insurance excess or 4 weeks rent (See s49B(3)(a) RTA.
The tenant is to pay the lesser amount which is four weeks rent and amount to the sum of $2600.00.
I do not have to consider betterment and depreciation given that the insurance excess is all that is being sought from the tenant. Bond refund
The bond is to be refunded to the landlord immediately to offset the debt owed by the tenant to the landlord. Suppression and filing fee:
The landlord has applied for suppression of their name and identifying details. As they have been largely successful with their claim, I am granting suppression.
Because [The applicant/s] has substantially succeeded with the claim I have reimbursed the filing fee.

Tenancy Tribunal case 4735889 — Property damage at 19 Royal Arch Place, Rosehill, Papakura 2113

At a glance

Tenancy Tribunal case 4735889 — Property damage at 19 Royal Arch Place, Rosehill, Papakura 2113

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