Published tribunal order
Tenancy Tribunal case 4779185 — Property damage
Decided 4 Apr 2024 · Published 4 Apr 2024 · Application 4779185
- Property damage
- Rent arrears
Party names are redacted in the official published order.
Order
- Brenda Gage must pay [The landlord/s] $2,232.60 immediately, calculated as shown in the table below.
Reasons
- Both parties attended the hearing on 25 March 2024. Ms Gage attended by telephone.
- The property management company has changed since the tenancy ended. The previous property manager attended part of this hearing by telephone.
- The landlord has applied for payment of rent and water owing and compensation for repair costs following the end of the tenancy.
- The landlord has received the bond of $1,560.00 as authorised by the tenant. I have taken this into account in the order.
How much is owed for rent and water rates?
- The parties agree that the tenancy ended on 4 February 2024 after the tenant gave notice.
- The landlord provided rent records and water rates invoices. After some calculation, I have made orders that rent of $186.85 and water rates of $118.06 are owing.
- The rent calculation takes into account the last payment of rent received of $380.00 on 7 February 2024 and eight payments of $15.00 totalling $120.00.
- The water calculation is: Water bill to 8 August 2023$ 65.94 Water bill to 8 February 2024$127.12 Total water due$193.06 Minus tenant payments - $75.00 Equals$118.06 Repair costs
- The tenant acknowledges responsibility for careless and intentional damage to the premises. The damage is:- a. One large hole in the hallway wall and minor repairs to the shower rail and ceiling – these were repaired in November 2023 at a cost of $287.50. b. Two large holes in the laundry wall. c. One small hole beside the shower head. d. Two large holes (under the window), one medium sized hole (near the light switch), one very small hole (behind the door) in bedroom 1. e. Three small holes and one medium sized hole in walls in bedroom 2. f. Three holes in the door of bedroom 2. g. One small hole in the hallway wall.
- The landlord has submitted an invoice for $3,179.75 for these repairs. The invoice charges for the repair of 8 small, or minor, holes and 7 large holes, and for the bedroom door.
- A tenant is liable to compensate a landlord for the reasonable costs to repair careless or intentional damage. See section 49B Residential Tenancies Act 1986 (RTA).
- I accept that the invoices are reasonable for the work done.
- The landlord does not have insurance cover for this damage.
- I therefore award the costs as invoiced.
- I also award the filing fee and suppress the landlord names from the published order.
- The parties indicated that they may be able to work together on a repayment plan to avoid extra collection costs and credit rating issues.