What was the outcome of Tenancy Tribunal case 4759738?

The tribunal order states: The tenancy of Ha Quang Nguyen at 164 Arawhata Road, Paraparaumu,

How much money was awarded in case 4759738?

Filing Fee: $20.44 awarded to landlord; Property Damage: $1,708.60 awarded to landlord; Rent Arrears: $1,628.58 awarded to landlord

What type of tenancy dispute was case 4759738?

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

Where can I read the official tribunal order for case 4759738?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/9816076-Tribunal_Order.pdf.

What was the outcome of Tenancy Tribunal case 4759738?

The tribunal order states: The tenancy of Ha Quang Nguyen at 164 Arawhata Road, Paraparaumu,

How much money was awarded in case 4759738?

Filing Fee: $20.44 awarded to landlord; Property Damage: $1,708.60 awarded to landlord; Rent Arrears: $1,628.58 awarded to landlord

What type of tenancy dispute was case 4759738?

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

Where can I read the official tribunal order for case 4759738?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/9816076-Tribunal_Order.pdf.

164 Arawhata Road, Paraparaumu, Paraparaumu 5032 Tenancy Tribunal Case 4759738 — Property damage

Claims and awards in Tenancy Tribunal application 4759738 — net $1,077.62 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears (to 09/01/2024	$1,628.58	Rent arrears (to 09/01/2024
Repairs (holes in walls, ceilings and diverted power meter	$1,708.60	Repairs (holes in walls, ceilings and diverted power meter
Filing fee reimbursement	$20.44	Filing fee reimbursement
Net award	$1,077.62
Total payable by Tenant to Landlord	$1,077.62

Order

The tenancy of Ha Quang Nguyen at 164 Arawhata Road, Paraparaumu, Paraparaumu 5032 is terminated, and possession is granted to Hutcheson Investments Limited, at 11:59pm on Tuesday 9 January 2024.
The Bond Centre is to pay the bond of $2,280.00 (3540201-010) to Hutcheson Investments Limited immediately.
Ha Quang Nguyen must pay Hutcheson Investments Limited $1,077.62 immediately, calculated as shown in table below.

Reasons

The landlord attended the hearing. The tenant did not.
I am satisfied that the tenant had received proper notice of the hearing time, date and place and chose not to attend.
The landlord has applied for termination of the tenancy for abandonment, rent arrears, general damages, refund of the bond and reimbursement of the filing fee.

Should the tenancy be terminated?

The Tribunal may terminate the tenancy where the premises have been abandoned and rent is in arrear at the hearing date. See section 61 Residential Tenancies Act 1986. A tenancy is abandoned where the tenant leaves the premises without reasonable excuse, not intending to return or to meet their obligations, and fails to notify the landlord.
On 7 December 2023 the New Zealand Police exercised a search warrant looking for cannabis as they had reason to believe the tenants are involved in an international cannabis growing operation. The landlord became aware (or ought to have been aware) that the tenant had abandoned the premises when the tenants did not return to the premises after the Police raid and most of the tenant’s belongings had been removed.
Because the premises have been abandoned, and rent is in arrears, the tenancy is terminated immediately.
How much is owed for rent?
The landlord provided rent records which prove the amount owing at the end of the tenancy as at 11:59pm on Tuesday 9 January 2024. The landlord will not been able to re-tenant the property for some time after today due to the significant damage caused by the tenant’s extensive cannabis growing operation that still needs to be remedied.

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 rubbish.
The tenant did not return the keys.
The landlord has not sought reimbursement for cleaning costs and rubbish removal as it believes the tenant had left New Zealand and it and the New Zealand Police have not been able to locate the tenant. Therefore, it has decided to cut its loses as it deems these costs not to be recoverable.

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.
Significant damage was caused during the tenancy through the tenants intentional, careless and unlawful actions that resulted in extensive damage to the walls, ceilings and floors. In addition, the power meter had been illegally diverted and needed repair. 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.
Because Hutcheson Investments Limited has wholly succeeded with the claim I must reimburse the filing fee.

Claims and awards in Tenancy Tribunal application 4759738 — net $1,077.62 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears (to 09/01/2024	$1,628.58	Rent arrears (to 09/01/2024
Repairs (holes in walls, ceilings and diverted power meter	$1,708.60	Repairs (holes in walls, ceilings and diverted power meter
Filing fee reimbursement	$20.44	Filing fee reimbursement
Net award	$1,077.62
Total payable by Tenant to Landlord	$1,077.62

Order

The tenancy of Ha Quang Nguyen at 164 Arawhata Road, Paraparaumu, Paraparaumu 5032 is terminated, and possession is granted to Hutcheson Investments Limited, at 11:59pm on Tuesday 9 January 2024.
The Bond Centre is to pay the bond of $2,280.00 (3540201-010) to Hutcheson Investments Limited immediately.
Ha Quang Nguyen must pay Hutcheson Investments Limited $1,077.62 immediately, calculated as shown in table below.

Reasons

The landlord attended the hearing. The tenant did not.
I am satisfied that the tenant had received proper notice of the hearing time, date and place and chose not to attend.
The landlord has applied for termination of the tenancy for abandonment, rent arrears, general damages, refund of the bond and reimbursement of the filing fee.

Should the tenancy be terminated?

The Tribunal may terminate the tenancy where the premises have been abandoned and rent is in arrear at the hearing date. See section 61 Residential Tenancies Act 1986. A tenancy is abandoned where the tenant leaves the premises without reasonable excuse, not intending to return or to meet their obligations, and fails to notify the landlord.
On 7 December 2023 the New Zealand Police exercised a search warrant looking for cannabis as they had reason to believe the tenants are involved in an international cannabis growing operation. The landlord became aware (or ought to have been aware) that the tenant had abandoned the premises when the tenants did not return to the premises after the Police raid and most of the tenant’s belongings had been removed.
Because the premises have been abandoned, and rent is in arrears, the tenancy is terminated immediately.
How much is owed for rent?
The landlord provided rent records which prove the amount owing at the end of the tenancy as at 11:59pm on Tuesday 9 January 2024. The landlord will not been able to re-tenant the property for some time after today due to the significant damage caused by the tenant’s extensive cannabis growing operation that still needs to be remedied.

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 rubbish.
The tenant did not return the keys.
The landlord has not sought reimbursement for cleaning costs and rubbish removal as it believes the tenant had left New Zealand and it and the New Zealand Police have not been able to locate the tenant. Therefore, it has decided to cut its loses as it deems these costs not to be recoverable.

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.
Significant damage was caused during the tenancy through the tenants intentional, careless and unlawful actions that resulted in extensive damage to the walls, ceilings and floors. In addition, the power meter had been illegally diverted and needed repair. 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.
Because Hutcheson Investments Limited has wholly succeeded with the claim I must reimburse the filing fee.

Tenancy Tribunal case 4759738 — Property damage at 164 Arawhata Road, Paraparaumu, Paraparaumu 5032

At a glance

Tenancy Tribunal case 4759738 — Property damage at 164 Arawhata Road, Paraparaumu, Paraparaumu 5032

At a glance

Award balance

Claims & awards

Order

Reasons

Should the tenancy be terminated?

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

Should the tenancy be terminated?

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