What was Tenancy Tribunal case 4773237 about?

The tribunal order states: Hana Morrison must pay [The landlord/s] $6,686.25 immediately, calculated as

How much money was awarded in case 4773237?

Cleaning: $431.25 awarded to landlord; Property Damage: $330.00 awarded to landlord; Rent Arrears: $1,425.00 awarded to landlord; Paint And Holes: $5,900.00 awarded to landlord; Rubbish Removal: $700.00 awarded to landlord

What type of tenancy dispute was case 4773237?

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

Where can I read the official tribunal order for case 4773237?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/10234345-Tribunal_Order_Redacted.pdf.

What was Tenancy Tribunal case 4773237 about?

The tribunal order states: Hana Morrison must pay [The landlord/s] $6,686.25 immediately, calculated as

How much money was awarded in case 4773237?

Cleaning: $431.25 awarded to landlord; Property Damage: $330.00 awarded to landlord; Rent Arrears: $1,425.00 awarded to landlord; Paint And Holes: $5,900.00 awarded to landlord; Rubbish Removal: $700.00 awarded to landlord

What type of tenancy dispute was case 4773237?

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

Where can I read the official tribunal order for case 4773237?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/10234345-Tribunal_Order_Redacted.pdf.

1A Marshall Street, Fairfield, Hamilton 3214 Tenancy Tribunal Case 4773237 — Property damage

Reasons

Claims and awards in Tenancy Tribunal application 4773237 — net $6,686.25 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears	$1,425.00	Rent arrears
Repairs: paint and holes	$5,900.00	Repairs: paint and holes
Cleaning	$431.25	Cleaning
Lock/key replacement	$330.00	Lock/key replacement
Rubbish removal: gardens and lawns	$700.00	Rubbish removal: gardens and lawns
Net award	$6,686.25
Total payable by Tenant to Landlord	$6,686.25

The landlord attended but the tenant did not appear.

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 is owed for rent ?

The tenancy ended on 20 October 2023. The landlord provided rent records which prove the amount owing at the end of the tenancy.

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. There were substantial amounts of rubbish outside the premises which included furniture, a washing machine, barbeque and two sheds, one filled with rubbish bags. The section required weeding and mowing.

The tenant did not leave the premises reasonably clean and tidy. The carpets, oven and kitchen required cleaning and every wall had children’s drawings on them. The amount awarded for rubbish removal of inside items is reduced based on the evidence provided.

The tenant did not return the keys. The garage remote key claim is not awarded as the landlord did not provided evidence of the keys given to the tenant.

The amounts ordered are 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 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: All the walls had pen marks or drawings on them, 2 doors and many walls had holes in them The landlord provided ingoing and outgoing inspection reports, with photographs, which established these damages occurred during this tenancy.

The landlord claimed that a glass window in the garage was broken but did not provide the Tribunal with photographs of this damage. This claim is dismissed.

The damage is more than fair wear and tear, and because of the amount of drawing on the walls and holes I find that this is intentional damage. The tenant has not disproved liability for the damage.

The amounts ordered are proved.

I have taken into account 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 [The applicant/s] has wholly succeeded with the claim I must reimburse the filing fee.

Section 95A RTA states regarding suppression orders that the Tribunal must, on the application of a party that has wholly or substantially succeeded in proceedings, order that the party’s name or identifying particulars not be published, unless the Tribunal considers that publication is in the public interest or is justified because of the party’s conduct or any other circumstances of the case. Name suppression for the landlord is granted.

Claims and awards in Tenancy Tribunal application 4773237 — net $6,686.25 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears	$1,425.00	Rent arrears
Repairs: paint and holes	$5,900.00	Repairs: paint and holes
Cleaning	$431.25	Cleaning
Lock/key replacement	$330.00	Lock/key replacement
Rubbish removal: gardens and lawns	$700.00	Rubbish removal: gardens and lawns
Net award	$6,686.25
Total payable by Tenant to Landlord	$6,686.25

Order

Hana Morrison must pay [The landlord/s] $6,686.25 immediately, calculated as shown in table below.
The Bond Centre is to pay the bond of $2,100.00 ([Bond number suppressed]) to [The landlord/s] immediately.
All other claims are dismissed.

Reasons

The landlord attended but the tenant did not appear.
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 is owed for rent ?

The tenancy ended on 20 October 2023. The landlord provided rent records which prove the amount owing at the end of the tenancy.

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. There were substantial amounts of rubbish outside the premises which included furniture, a washing machine, barbeque and two sheds, one filled with rubbish bags. The section required weeding and mowing.
The tenant did not leave the premises reasonably clean and tidy. The carpets, oven and kitchen required cleaning and every wall had children’s drawings on them. The amount awarded for rubbish removal of inside items is reduced based on the evidence provided.
The tenant did not return the keys. The garage remote key claim is not awarded as the landlord did not provided evidence of the keys given to the tenant.
The amounts ordered are 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 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: All the walls had pen marks or drawings on them, 2 doors and many walls had holes in them The landlord provided ingoing and outgoing inspection reports, with photographs, which established these damages occurred during this tenancy.
The landlord claimed that a glass window in the garage was broken but did not provide the Tribunal with photographs of this damage. This claim is dismissed.
The damage is more than fair wear and tear, and because of the amount of drawing on the walls and holes I find that this is intentional damage. The tenant has not disproved liability for the damage.
The amounts ordered are proved.
I have taken into account 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 [The applicant/s] has wholly succeeded with the claim I must reimburse the filing fee.
Section 95A RTA states regarding suppression orders that the Tribunal must, on the application of a party that has wholly or substantially succeeded in proceedings, order that the party’s name or identifying particulars not be published, unless the Tribunal considers that publication is in the public interest or is justified because of the party’s conduct or any other circumstances of the case. Name suppression for the landlord is granted.

Tenancy Tribunal case 4773237 — Property damage at 1A Marshall Street, Fairfield, Hamilton 3214

At a glance

Tenancy Tribunal case 4773237 — Property damage at 1A Marshall Street, Fairfield, Hamilton 3214

At a glance

Award balance

Claims & awards

Dismissed claims

Order

Reasons

How much is owed for rent ?

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

Dismissed claims

Order

Reasons

How much is owed for rent ?

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