What was Tenancy Tribunal case 4764897 about?

The tribunal order states: Kataraina Jade Taueki and Stacey Daryl Reiri must pay [The landlord/s]

How much money was awarded in case 4764897?

Property Damage: $1,012.00 awarded to landlord; Smoke Alarms: $250.00 awarded to landlord; Filing Fee: $20.44 awarded to landlord; Bathroom Vanity: $1,014.00 awarded to landlord; Bathroom Windowsill: $278.30 awarded to landlord; Bedroom 2 Holes And Lockset: $727.38 awarded to landlord; Bedroom 3 Holes And Lockset: $727.38 awarded to landlord; Bedroom 4 Cupboard Doors: $680.06 awarded to landlord; Dining Room Walls: $860.19 awarded to landlord; Garage Panels: $392.15 awarded to landlord; Property Damage: $1,250.00 awarded to landlord; Property Damage: $1,250.00 awarded to landlord; Property Damage: $3,750.00 awarded to landlord; Kitchen Wall: $253.00 awarded to landlord; Laundry Window Frame: $771.65 awarded to landlord; Passage Cupboard Hole: $480.70 awarded to landlord; Toilet Door: $885.50 awarded to landlord; Weatherboards: $961.40 awarded to landlord; Kitchen Vinyl: $1,000.00 awarded to landlord

What type of tenancy dispute was case 4764897?

The primary dispute was Property damage. Related themes: Smoke alarms.

Where can I read the official tribunal order for case 4764897?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/9954126-Tribunal_Order_Redacted.pdf.

What was Tenancy Tribunal case 4764897 about?

The tribunal order states: Kataraina Jade Taueki and Stacey Daryl Reiri must pay [The landlord/s]

How much money was awarded in case 4764897?

Property Damage: $1,012.00 awarded to landlord; Smoke Alarms: $250.00 awarded to landlord; Filing Fee: $20.44 awarded to landlord; Bathroom Vanity: $1,014.00 awarded to landlord; Bathroom Windowsill: $278.30 awarded to landlord; Bedroom 2 Holes And Lockset: $727.38 awarded to landlord; Bedroom 3 Holes And Lockset: $727.38 awarded to landlord; Bedroom 4 Cupboard Doors: $680.06 awarded to landlord; Dining Room Walls: $860.19 awarded to landlord; Garage Panels: $392.15 awarded to landlord; Property Damage: $1,250.00 awarded to landlord; Property Damage: $1,250.00 awarded to landlord; Property Damage: $3,750.00 awarded to landlord; Kitchen Wall: $253.00 awarded to landlord; Laundry Window Frame: $771.65 awarded to landlord; Passage Cupboard Hole: $480.70 awarded to landlord; Toilet Door: $885.50 awarded to landlord; Weatherboards: $961.40 awarded to landlord; Kitchen Vinyl: $1,000.00 awarded to landlord

What type of tenancy dispute was case 4764897?

The primary dispute was Property damage. Related themes: Smoke alarms.

Where can I read the official tribunal order for case 4764897?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/9954126-Tribunal_Order_Redacted.pdf.

New Zealand Tenancy Tribunal Case 4764897 — Property damage

Tenantcheck Insights

Claims and awards in Tenancy Tribunal application 4764897 — net $14,584.15 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Repairs: insurance excesses bedrooms 1,2 and 4	$3,750.00	Repairs: insurance excesses bedrooms 1,2 and 4
Repairs: insurance excess laundry floor	$1,250.00	Repairs: insurance excess laundry floor
Repairs: insurance excess hallway walls	$1,250.00	Repairs: insurance excess hallway walls
Repairs: bathroom vanity	$1,014.00	Repairs: bathroom vanity
Replace furnishings: carpets and vinyl	$1,000.00	Replace furnishings: carpets and vinyl
Repairs: weatherboards	$961.40	Repairs: weatherboards
Repairs: garage panels	$392.15	Repairs: garage panels
Repairs: laundry window frame	$771.65	Repairs: laundry window frame
Repairs: dining room walls	$860.19	Repairs: dining room walls
Repairs: kitchen wall	$253.00	Repairs: kitchen wall
Repairs: passage cupboard hole	$480.70	Repairs: passage cupboard hole
Repairs: toilet door	$885.50	Repairs: toilet door
Repairs: bedroom 2 holes and lockset	$727.38	Repairs: bedroom 2 holes and lockset
Repairs: bedroom 3 holes and lockset	$727.38	Repairs: bedroom 2 holes and lockset
Repairs: bedroom 4 cupboard doors	$680.06	Repairs: bedroom 4 cupboard doors
Repairs: bathroom windowsill	$278.30	Repairs: bathroom windowsill
__________________________________________________________________________________ 47648972 Repairs: bathroom wall and t	$1,012.00	__________________________________________________________________________________ 47648972 Repairs: bathroom wall and t
Filing fee reimbursement	$20.44	Filing fee reimbursement
Exemplary damages: smoke alarm	$250.00	smoke alarm
Net award	$14,584.15
Total payable by Tenant to Landlord	$14,584.15

Claims and awards in Tenancy Tribunal application 4764897 — net $14,584.15 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.

Claim

Landlord

Tenant

Reason

Repairs: insurance excesses bedrooms 1,2 and 4

$3,750.00

Repairs: insurance excesses bedrooms 1,2 and 4

Repairs: insurance excess laundry floor

$1,250.00

Repairs: insurance excess laundry floor

Repairs: insurance excess hallway walls

$1,250.00

Repairs: insurance excess hallway walls

Repairs: bathroom vanity

$1,014.00

Repairs: bathroom vanity

Replace furnishings: carpets and vinyl

$1,000.00

Replace furnishings: carpets and vinyl

Repairs: weatherboards

$961.40

Repairs: weatherboards

Repairs: garage panels

$392.15

Repairs: garage panels

Repairs: laundry window frame

$771.65

Repairs: laundry window frame

Repairs: dining room walls

$860.19

Repairs: dining room walls

Repairs: kitchen wall

$253.00

Repairs: kitchen wall

Repairs: passage cupboard hole

$480.70

Repairs: passage cupboard hole

Repairs: toilet door

$885.50

Repairs: toilet door

Repairs: bedroom 2 holes and lockset

$727.38

Repairs: bedroom 2 holes and lockset

Repairs: bedroom 3 holes and lockset

$727.38

Repairs: bedroom 2 holes and lockset

Repairs: bedroom 4 cupboard doors

$680.06

Repairs: bedroom 4 cupboard doors

Repairs: bathroom windowsill

$278.30

Repairs: bathroom windowsill

__________________________________________________________________________________ 47648972 Repairs: bathroom wall and t

$1,012.00

__________________________________________________________________________________ 47648972 Repairs: bathroom wall and t

Filing fee reimbursement

$20.44

Filing fee reimbursement

Exemplary damages: smoke alarm

$250.00

smoke alarm

Net award

$14,584.15

Total payable by Tenant to Landlord

$14,584.15

Order

Kataraina Jade Taueki and Stacey Daryl Reiri must pay [The landlord/s] $14,584.15 immediately, calculated as shown in the table below.

The Bond Centre is to pay the bond of $1,980.00 ([Bond number suppressed]) to [The landlord/s] immediately. DescriptionLandlord Repairs: insurance excesses bedrooms 1,2 and 4 $3,750.00 Repairs: insurance excess laundry floor$1,250.00 Repairs: insurance excess hallway walls$1,250.00 Repairs: bathroom vanity$1,014.00 Replace furnishings: carpets and vinyl$1,000.00 Repairs: weatherboards$961.40 Repairs: garage panels$392.15 Repairs: laundry window frame$771.65 Repairs: dining room walls$860.19 Repairs: kitchen wall$253.00 Repairs: passage cupboard hole$480.70 Repairs: toilet door$885.50 Repairs: bedroom 2 holes and lockset$727.38 Repairs: bedroom 3 holes and lockset$727.38 Repairs: bedroom 4 cupboard doors$680.06 Repairs: bathroom windowsill$278.30 Repairs: bathroom wall and towel holder$1,012.00 Filing fee reimbursement$20.44 Exemplary damages: smoke alarm$250.00 Total award$16,564.15 Bond$1,980.00 Total payable by Tenant to Landlord$14,584.15

Reasons

The landlord attended the hearing.

The tenant did not attend the hearing.

The landlord has applied for compensation, exemplary damages, refund of the bond and reimbursement of the filing fee following the end of the tenancy.

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 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 landlord provided extensive photographic and video evidence of the state of the property at the start of the tenancy and at its end. The landlord has proven that the following damage was caused during the tenancy: a. An external weatherboard was broken. b. Two exterior garage panels were damaged. c. A window frame in the laundry had been damaged by a forced entry. d. There was extensive damage to the carpets and vinyl throughout the property. e. There were a number of holes in the walls of many rooms. f. The tenant appeared to have unprofessionally spread plaster over many areas of almost all of the walls. g. The dining room curtain rail was pulled off the wall. h. There was a hole in the passage cupboard wall. i. There was damage to the laundry floor caused by the tenant failing to connect a hose to her washing machine correctly. j. The toilet door frame was cracked. k. Both doors for bedrooms 2 and 3 were damaged and the door handle mechanisms broken l. The cupboard doors in bedroom 4 were removed. m. There were burn marks in the basin and on the windowsills in the bathroom. n. The towel holder was ripped from the wall of the bathroom leaving a large hole.

The damage is more than fair wear and tear, and the tenant has not disproved liability for the damage.

I am satisfied that all of the damage was caused intentionally, with the exception of the damage to the laundry floor and the cigarette burns in the bathroom which were caused carelessly. The amounts ordered are less than the insurance excess which is less than four weeks rent.

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.

The landlord was unable to provide evidence of the age of the floor coverings. It is likely that they are older than eight years which is the life of floor coverings in the Inland Revenue Department’s depreciation guide. It is clear from the landlord’s evidence that the carpets were tired but serviceable. It is appropriate to award a sum in recognition of the fact that the landlord would not have needed to replace the floor coverings were it not for the extensive damage caused by the tenant. Exemplary damages

[The landlord/s] claims the tenant has removed or interfered with the smoke alarms.

A tenant must not cause or permit any interference with, or render inoperative, any means of escape from fire within the meaning of the Building Act 2004. See section 40(2)(ab) Residential Tenancies Act 1986. The definition of “means of escape” includes “all active and passive protection features required to warn people of fire...”, which covers smoke alarms.

Breaching this obligation is an unlawful act for which exemplary damages may be awarded up to a maximum of $4,000.00. See section 40(3A)(b) and Schedule 1A Residential Tenancies Act 1986.

The landlord provided evidence that written notice was given to the tenant on 10 August 2023 to reinstate a missing smoke alarm. The alarm had not been reinstated at the end of the tenancy on 26 October 2023.

I find that the tenant has committed an unlawful act.

Where a party has committed an unlawful act intentionally, the Tribunal may award exemplary damages where it is satisfied that it would be just to do so, having regard to the party’s intent, the effect of the unlawful act, the interests of the other party, and the public interest. See section 109(3) Residential Tenancies Act 1986.

It is a serious matter where tenants remove smoke alarms. Landlords have the obligation to instal the alarms and it is important for safety and insurance reasons that the smoke alarms remain in place and working.

There is a clear public interest in dissuading tenants from removing or disabling smoke alarms and it is appropriate that a sum of $250.00 be awarded to the landlord to reflect the Tribunal’s concern at such actions. This sum is at the very low end of the amount that could have been awarded because this appears to be the tenant’s first breach and there was no loss or negative consequences to the landlord. Filing fee

Because [The applicant/s] has substantially succeeded with the claim I have reimbursed the filing fee.

Claims and awards in Tenancy Tribunal application 4764897 — net $14,584.15 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Repairs: insurance excesses bedrooms 1,2 and 4	$3,750.00	Repairs: insurance excesses bedrooms 1,2 and 4
Repairs: insurance excess laundry floor	$1,250.00	Repairs: insurance excess laundry floor
Repairs: insurance excess hallway walls	$1,250.00	Repairs: insurance excess hallway walls
Repairs: bathroom vanity	$1,014.00	Repairs: bathroom vanity
Replace furnishings: carpets and vinyl	$1,000.00	Replace furnishings: carpets and vinyl
Repairs: weatherboards	$961.40	Repairs: weatherboards
Repairs: garage panels	$392.15	Repairs: garage panels
Repairs: laundry window frame	$771.65	Repairs: laundry window frame
Repairs: dining room walls	$860.19	Repairs: dining room walls
Repairs: kitchen wall	$253.00	Repairs: kitchen wall
Repairs: passage cupboard hole	$480.70	Repairs: passage cupboard hole
Repairs: toilet door	$885.50	Repairs: toilet door
Repairs: bedroom 2 holes and lockset	$727.38	Repairs: bedroom 2 holes and lockset
Repairs: bedroom 3 holes and lockset	$727.38	Repairs: bedroom 2 holes and lockset
Repairs: bedroom 4 cupboard doors	$680.06	Repairs: bedroom 4 cupboard doors
Repairs: bathroom windowsill	$278.30	Repairs: bathroom windowsill
__________________________________________________________________________________ 47648972 Repairs: bathroom wall and t	$1,012.00	__________________________________________________________________________________ 47648972 Repairs: bathroom wall and t
Filing fee reimbursement	$20.44	Filing fee reimbursement
Exemplary damages: smoke alarm	$250.00	smoke alarm
Net award	$14,584.15
Total payable by Tenant to Landlord	$14,584.15

Claims and awards in Tenancy Tribunal application 4764897 — net $14,584.15 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.

Claim

Landlord

Tenant

Reason

Repairs: insurance excesses bedrooms 1,2 and 4

$3,750.00

Repairs: insurance excesses bedrooms 1,2 and 4

Repairs: insurance excess laundry floor

$1,250.00

Repairs: insurance excess laundry floor

Repairs: insurance excess hallway walls

$1,250.00

Repairs: insurance excess hallway walls

Repairs: bathroom vanity

$1,014.00

Repairs: bathroom vanity

Replace furnishings: carpets and vinyl

$1,000.00

Replace furnishings: carpets and vinyl

Repairs: weatherboards

$961.40

Repairs: weatherboards

Repairs: garage panels

$392.15

Repairs: garage panels

Repairs: laundry window frame

$771.65

Repairs: laundry window frame

Repairs: dining room walls

$860.19

Repairs: dining room walls

Repairs: kitchen wall

$253.00

Repairs: kitchen wall

Repairs: passage cupboard hole

$480.70

Repairs: passage cupboard hole

Repairs: toilet door

$885.50

Repairs: toilet door

Repairs: bedroom 2 holes and lockset

$727.38

Repairs: bedroom 2 holes and lockset

Repairs: bedroom 3 holes and lockset

$727.38

Repairs: bedroom 2 holes and lockset

Repairs: bedroom 4 cupboard doors

$680.06

Repairs: bedroom 4 cupboard doors

Repairs: bathroom windowsill

$278.30

Repairs: bathroom windowsill

__________________________________________________________________________________ 47648972 Repairs: bathroom wall and t

$1,012.00

__________________________________________________________________________________ 47648972 Repairs: bathroom wall and t

Filing fee reimbursement

$20.44

Filing fee reimbursement

Exemplary damages: smoke alarm

$250.00

smoke alarm

Net award

$14,584.15

Total payable by Tenant to Landlord

$14,584.15

Order

Kataraina Jade Taueki and Stacey Daryl Reiri must pay [The landlord/s] $14,584.15 immediately, calculated as shown in the table below.

Reasons

The landlord attended the hearing.

The tenant did not attend the hearing.

The landlord has applied for compensation, exemplary damages, refund of the bond and reimbursement of the filing fee following the end of the tenancy.

Is the tenant responsible for the damage to the premises?

The damage is more than fair wear and tear, and the tenant has not disproved liability for the damage.

The amounts ordered are proved.

[The landlord/s] claims the tenant has removed or interfered with the smoke alarms.

Breaching this obligation is an unlawful act for which exemplary damages may be awarded up to a maximum of $4,000.00. See section 40(3A)(b) and Schedule 1A Residential Tenancies Act 1986.

I find that the tenant has committed an unlawful act.

Because [The applicant/s] has substantially succeeded with the claim I have reimbursed the filing fee.

Tenancy Tribunal case 4764897 — Property damage

At a glance

Tenancy Tribunal case 4764897 — Property damage

At a glance

Award balance

Claims & awards

Order

Reasons

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

Is the tenant responsible for the damage to the premises?

Topics & place

Residential Tenancies Act sections

Key findings

Frequently asked questions