What was Tenancy Tribunal case 4770038 about?

The tribunal order states: [The tenant/s] must pay Longterm Limited $17,838.50

How much money was awarded in case 4770038?

Cleaning: $700.00 awarded to landlord; Filing Fee: $20.44 awarded to landlord; Loss Of Rent (Six Weeks: $3,300.00 awarded to landlord; Painting: $560.00 awarded to landlord; Property Damage: $2,557.19 awarded to landlord; Rent Arrears: $4,780.00 awarded to landlord; Door: $1,031.64 awarded to landlord; Holes In Walls: $1,500.00 awarded to landlord; Property Damage: $1,228.28 awarded to landlord; Rubbish Removal: $661.50 awarded to landlord; Smoke Alarms: $3,000.00 awarded to landlord; Water Rates: $699.45 awarded to landlord

What type of tenancy dispute was case 4770038?

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

Where can I read the official tribunal order for case 4770038?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/10171661-Tenancy_Tribunal_Order.pdf.

What was Tenancy Tribunal case 4770038 about?

The tribunal order states: [The tenant/s] must pay Longterm Limited $17,838.50

How much money was awarded in case 4770038?

Cleaning: $700.00 awarded to landlord; Filing Fee: $20.44 awarded to landlord; Loss Of Rent (Six Weeks: $3,300.00 awarded to landlord; Painting: $560.00 awarded to landlord; Property Damage: $2,557.19 awarded to landlord; Rent Arrears: $4,780.00 awarded to landlord; Door: $1,031.64 awarded to landlord; Holes In Walls: $1,500.00 awarded to landlord; Property Damage: $1,228.28 awarded to landlord; Rubbish Removal: $661.50 awarded to landlord; Smoke Alarms: $3,000.00 awarded to landlord; Water Rates: $699.45 awarded to landlord

What type of tenancy dispute was case 4770038?

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

Where can I read the official tribunal order for case 4770038?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/10171661-Tenancy_Tribunal_Order.pdf.

69 William Jones Drive, Otangarei, Whangarei 0112 Tenancy Tribunal Case 4770038 — Property damage

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69 William Jones Drive, Otangarei, Whangarei 0112 Tenancy Tribunal Case 4770038 — 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 4770038 — net $17,838.50 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Exemplary damages - interference with the means of escape from fire (smoke alarms	$3,000.00	Exemplary damages - interference with the means of escape from fire (smoke alarms
Rent arrears 30 August 2024 to 6 November 2024	$4,780.00	Rent arrears 30 August 2024 to 6 November 2024
Water rates	$699.45	Water rates
Cleaning	$700.00	Cleaning
Rubbish removal	$661.50	Rubbish removal
Repairs: Holes in walls	$1,500.00	Repairs: Holes in walls
Painting	$560.00	Painting
Window repairs	$2,557.19	Window repairs
Repairs: Door	$1,031.64	Repairs: Door
Repairs: Replace damaged shower lining	$1,228.28	Repairs: Replace damaged shower lining
Loss of rent (six weeks	$3,300.00	Loss of rent (six weeks
Filing fee reimbursement	$20.44	Filing fee reimbursement
Net award	$17,838.50
Total payable by Tenant to Landlord	$17,838.50

Claims and awards for application 4770038 — net $17,838.50 NZD. Verify on MoJ.

Exemplary damages - interference with the means of escape from fire (smoke alarms

Amount: $3,000.00
Awarded to: Landlord
Reason: Exemplary damages - interference with the means of escape from fire (smoke alarms

Rent arrears 30 August 2024 to 6 November 2024

Amount: $4,780.00
Awarded to: Landlord
Reason: Rent arrears 30 August 2024 to 6 November 2024

Water rates

Amount: $699.45
Awarded to: Landlord
Reason: Water rates

Cleaning

Amount: $700.00
Awarded to: Landlord
Reason: Cleaning

Rubbish removal

Amount: $661.50
Awarded to: Landlord
Reason

Claim types — money lines allowed on this order

Cleanliness Filing Fee Property damage Rent arrears Rubbish Removal Replace Smoke Alarms Water Rates

Order

[The tenant/s] must pay Longterm Limited $17,838.50 immediately, calculated as shown in table below.
The Bond Centre is to pay the bond of $2,200.00 (3006868-020) to Longterm Limited immediately.

Reasons

Background

The tenancy was terminated on 6 November 2024 after the tenant breached a conditional termination order.
The landlord’s application seeks rent arrears, cleaning and rubbish removal, repairs, loss of rent, and exemplary damages for removal of smoke alarms.
The hearing took place in Whangarei on 5 April 2024. Mr Matthew Pyle represented the landlord at the hearing. There was no appearance by the tenant. Rent arrears
The mediated order recorded rent arrears of $3,004.29 as at 29 August 2023.
The landlord has an attachment order in place in respect of that order.
The tenancy did not end until 6 November 2024.
The landlord’s rent record shows that further arrears, totalling $4,780.00 accrued from 30 August until 6 November. Water rates
Water rates are owed for the period from 1 September 2022 to 22 August 2023, per the Whangarei District Council invoices for the relevant periods. Cleaning and rubbish removal
Tenants must leave the premises reasonably clean and tidy at the end of the tenancy.
Mr Pyle provided a video recording showing the condition of the premises at the end of the tenancy.
The premises were not reasonably clean and tidy. There was rubbish and abandoned belongings inside the house, on the outside deck (several large couches) and underneath the house.
The amounts claimed for cleaning and rubbish removal are proven and are fair and reasonable having regard to the landlord’s evidence. Damage
There was extensive intentional damage to the premises during the tenancy.
In November 2022 the landlord was made aware of multiple broken windows at the property – 9 in total. The windows were re-glazed at a cost of $2,557.19. Ms Nahi did not dispute liability for the damage at the time and it was understood that she would get assistance to pay this invoice. No payments were made during the tenancy.
The front door was also damaged at that time. Three of the four glass panels were smashed, and the front edge of the door was damaged.
At the end of the tenancy Mr Pyle discovered more damage including numerous holes in walls, and two substantial cracks in the shower lining.
There were holes in most of the walls. Many were large holes. Some were caused by door handles.
After repairing the holes it was necessary to re-paint the walls. Because of the extent of damage, the landlord re-painted most of the interior, except for the kitchen.
The costs of re-glazing and repairing the door are proven.
The amount claimed for repairing the holes is proven.
The cost of re-painting was $5,600.00. Mr Pyle acknowledged that the walls were not freshly painted at the start of the tenancy. The interior was last re- painted in or around 2015. I have applied 90% depreciation to the re-painting cost claimed.
The damage to the shower lining is not wear and tear. The damage was caused by some careless or intentional action. The damage cannot be repaired. The shower lining had to be replaced.
The cost of replacing the lining (materials and labour) was $2,125.93 per the invoices from J M Building Ltd. There was also some plumbing work associated with the replacement with the replacement of the lining ($330.63 per an invoice from Prentice Plumbing and Drainage).
The shower lining is possibly original from when the property was building the 1970s/80s, but Mr Pyle’s video and photographs show that it was in sound condition apart from the two large cracks.
I will apply depreciation of 50% to the proven new replacement cost. Smoke alarms
Tenants must not interfere with the means of escape from fire. This includes smoke alarms.
Interference with the means of escape from fire is an unlawful act. The Tribunal can award exemplary damages of up to $4,000.00.
Compliant smoke alarms were installed in the property at the start of the tenancy in August 2022.
By July 2023 the tenant had removed all of the smoke alarms twice. Mr Pyle provided a video of himself installing alarms again.
There was a fire in the kitchen of the property in November 2022.
The alarms were missing again at the end of the tenancy.
When he replaced the alarms Mr Pyle told Ms Nahi that it was very important that she didn’t take the alarms down.
Ms Nahi, or someone at the property with her consent, has intentionally removed the alarms on multiple occasions. I must make an award of exemplary damages.
In considering an award of exemplary damages I must have regard to: a. The intention of the person who committed the unlawful act; and b. The effect of the unlawful act; and c. The interests of the person against whom the act was committed; and d. The public interest.
It is appropriate to make an award at the upper end of the scale. The action was intentional, and repeated. Ms Nahi put the property, and the lives of herself and her family, at risk. Further, this unit adjoins another rented property. Ms Nahi’s actions also put the neighbouring property and its occupants at risk.
I will award exemplary damages of $3,000.00. Loss of rent
The claim seeks loss of rent of six weeks on the grounds that the premises were not available to rent because of the extensive damage.
Landlords can reasonably expect some delays between tenancies for a variety of reasons.
However, the delay in this instance was not within the parameters of ‘usual’ minor repairs and maintenance.
There was substantial and intentional damage to the property that necessitated lengthy repairs.
Loss of rental income was a direct and reasonably foreseeable consequence of that damage.
The amount claimed (six weeks) is fair and reasonable.
The tenant liable for that loss. Filing fee and bond
The landlord was successful in this application and I must award the landlord the filing fee of $20.44.
The bond will be released to the landlord.

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 4770038 — net $17,838.50 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Exemplary damages - interference with the means of escape from fire (smoke alarms	$3,000.00	Exemplary damages - interference with the means of escape from fire (smoke alarms
Rent arrears 30 August 2024 to 6 November 2024	$4,780.00	Rent arrears 30 August 2024 to 6 November 2024
Water rates	$699.45	Water rates
Cleaning	$700.00	Cleaning
Rubbish removal	$661.50	Rubbish removal
Repairs: Holes in walls	$1,500.00	Repairs: Holes in walls
Painting	$560.00	Painting
Window repairs	$2,557.19	Window repairs
Repairs: Door	$1,031.64	Repairs: Door
Repairs: Replace damaged shower lining	$1,228.28	Repairs: Replace damaged shower lining
Loss of rent (six weeks	$3,300.00	Loss of rent (six weeks
Filing fee reimbursement	$20.44	Filing fee reimbursement
Net award	$17,838.50
Total payable by Tenant to Landlord	$17,838.50

Claims and awards for application 4770038 — net $17,838.50 NZD. Verify on MoJ.

Exemplary damages - interference with the means of escape from fire (smoke alarms

Amount: $3,000.00
Awarded to: Landlord
Reason: Exemplary damages - interference with the means of escape from fire (smoke alarms

Rent arrears 30 August 2024 to 6 November 2024

Amount: $4,780.00
Awarded to: Landlord
Reason: Rent arrears 30 August 2024 to 6 November 2024

Water rates

Amount: $699.45
Awarded to: Landlord
Reason: Water rates

Cleaning

Amount: $700.00
Awarded to: Landlord
Reason: Cleaning

Rubbish removal

Amount: $661.50
Awarded to: Landlord
Reason

Claim types — money lines allowed on this order

Cleanliness Filing Fee Property damage Rent arrears Rubbish Removal Replace Smoke Alarms Water Rates

Order

[The tenant/s] must pay Longterm Limited $17,838.50 immediately, calculated as shown in table below.
The Bond Centre is to pay the bond of $2,200.00 (3006868-020) to Longterm Limited immediately.

Reasons

Background

The tenancy was terminated on 6 November 2024 after the tenant breached a conditional termination order.
The landlord’s application seeks rent arrears, cleaning and rubbish removal, repairs, loss of rent, and exemplary damages for removal of smoke alarms.
The hearing took place in Whangarei on 5 April 2024. Mr Matthew Pyle represented the landlord at the hearing. There was no appearance by the tenant. Rent arrears
The mediated order recorded rent arrears of $3,004.29 as at 29 August 2023.
The landlord has an attachment order in place in respect of that order.
The tenancy did not end until 6 November 2024.
The landlord’s rent record shows that further arrears, totalling $4,780.00 accrued from 30 August until 6 November. Water rates
Water rates are owed for the period from 1 September 2022 to 22 August 2023, per the Whangarei District Council invoices for the relevant periods. Cleaning and rubbish removal
Tenants must leave the premises reasonably clean and tidy at the end of the tenancy.
Mr Pyle provided a video recording showing the condition of the premises at the end of the tenancy.
The premises were not reasonably clean and tidy. There was rubbish and abandoned belongings inside the house, on the outside deck (several large couches) and underneath the house.
The amounts claimed for cleaning and rubbish removal are proven and are fair and reasonable having regard to the landlord’s evidence. Damage
There was extensive intentional damage to the premises during the tenancy.
In November 2022 the landlord was made aware of multiple broken windows at the property – 9 in total. The windows were re-glazed at a cost of $2,557.19. Ms Nahi did not dispute liability for the damage at the time and it was understood that she would get assistance to pay this invoice. No payments were made during the tenancy.
The front door was also damaged at that time. Three of the four glass panels were smashed, and the front edge of the door was damaged.
At the end of the tenancy Mr Pyle discovered more damage including numerous holes in walls, and two substantial cracks in the shower lining.
There were holes in most of the walls. Many were large holes. Some were caused by door handles.
After repairing the holes it was necessary to re-paint the walls. Because of the extent of damage, the landlord re-painted most of the interior, except for the kitchen.
The costs of re-glazing and repairing the door are proven.
The amount claimed for repairing the holes is proven.
The cost of re-painting was $5,600.00. Mr Pyle acknowledged that the walls were not freshly painted at the start of the tenancy. The interior was last re- painted in or around 2015. I have applied 90% depreciation to the re-painting cost claimed.
The damage to the shower lining is not wear and tear. The damage was caused by some careless or intentional action. The damage cannot be repaired. The shower lining had to be replaced.
The cost of replacing the lining (materials and labour) was $2,125.93 per the invoices from J M Building Ltd. There was also some plumbing work associated with the replacement with the replacement of the lining ($330.63 per an invoice from Prentice Plumbing and Drainage).
The shower lining is possibly original from when the property was building the 1970s/80s, but Mr Pyle’s video and photographs show that it was in sound condition apart from the two large cracks.
I will apply depreciation of 50% to the proven new replacement cost. Smoke alarms
Tenants must not interfere with the means of escape from fire. This includes smoke alarms.
Interference with the means of escape from fire is an unlawful act. The Tribunal can award exemplary damages of up to $4,000.00.
Compliant smoke alarms were installed in the property at the start of the tenancy in August 2022.
By July 2023 the tenant had removed all of the smoke alarms twice. Mr Pyle provided a video of himself installing alarms again.
There was a fire in the kitchen of the property in November 2022.
The alarms were missing again at the end of the tenancy.
When he replaced the alarms Mr Pyle told Ms Nahi that it was very important that she didn’t take the alarms down.
Ms Nahi, or someone at the property with her consent, has intentionally removed the alarms on multiple occasions. I must make an award of exemplary damages.
In considering an award of exemplary damages I must have regard to: a. The intention of the person who committed the unlawful act; and b. The effect of the unlawful act; and c. The interests of the person against whom the act was committed; and d. The public interest.
It is appropriate to make an award at the upper end of the scale. The action was intentional, and repeated. Ms Nahi put the property, and the lives of herself and her family, at risk. Further, this unit adjoins another rented property. Ms Nahi’s actions also put the neighbouring property and its occupants at risk.
I will award exemplary damages of $3,000.00. Loss of rent
The claim seeks loss of rent of six weeks on the grounds that the premises were not available to rent because of the extensive damage.
Landlords can reasonably expect some delays between tenancies for a variety of reasons.
However, the delay in this instance was not within the parameters of ‘usual’ minor repairs and maintenance.
There was substantial and intentional damage to the property that necessitated lengthy repairs.
Loss of rental income was a direct and reasonably foreseeable consequence of that damage.
The amount claimed (six weeks) is fair and reasonable.
The tenant liable for that loss. Filing fee and bond
The landlord was successful in this application and I must award the landlord the filing fee of $20.44.
The bond will be released to the landlord.

Tenancy Tribunal case 4770038 — Property damage at 69 William Jones Drive, Otangarei, Whangarei 0112

At a glance

Tenancy Tribunal case 4770038 — Property damage at 69 William Jones Drive, Otangarei, Whangarei 0112

At a glance

Award balance

Claims & awards

Order

Reasons

Topics & place

Residential Tenancies Act sections

Key findings

Property management

Frequently asked questions

Award balance

Claims & awards

Order

Reasons

Topics & place

Residential Tenancies Act sections

Key findings

Property management

Frequently asked questions