What was Tenancy Tribunal case 4783362 about?

The tribunal order states: Eleni Maile and Sione Maile must pay [The landlord/s] $14,950.44 immediately,

How much money was awarded in case 4783362?

Property Damage: $880.00 awarded to landlord; Cleaning: $1,300.00 awarded to landlord; Property Damage: $500.00 awarded to landlord; Filing Fee: $20.44 awarded to landlord; Property Damage: $1,447.50 awarded to landlord; Rent In Lieu (28 Days: $2,640.00 awarded to landlord; Bathroom cracked shower tiles and to…: $380.00 awarded to landlord; Broken Laundry Cabinet Door Hinge: $60.00 awarded to landlord; Broken Shower Caddy: $150.00 awarded to landlord; Cabinet Doors: $95.00 awarded to landlord; Gate: $1,380.00 awarded to landlord; Kitchen/Lounge Two Window Panes: $375.00 awarded to landlord; Remove and replace carpet bedrooms a…: $2,380.00 awarded to landlord; Property Damage: $280.00 awarded to landlord; Repaint Felt Marks On Walls: $210.00 awarded to landlord; Replace Missing Sink Shelving: $80.00 awarded to landlord; Shower Seal: $230.00 awarded to landlord; Wall Cedar Claddings: $1,130.00 awarded to landlord; Wall holes, repaint walls in bedroom…: $320.00 awarded to landlord; Replace furnishings: Handles/catches…: $360.00 awarded to landlord; Replace furnishings: hot water cubpo…: $120.00 awarded to landlord; Replace Furnishings: Lounge Carpet: $800.00 awarded to landlord; Replace furnishings: three bedroom d…: $410.00 awarded to landlord; Rubbish Removal: $1,322.50 awarded to landlord

What type of tenancy dispute was case 4783362?

The primary dispute was Property damage. Related themes: Cleanliness, Exemplary damages.

Where can I read the official tribunal order for case 4783362?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/10766507-Tribunal_Order_Redacted.pdf.

What was Tenancy Tribunal case 4783362 about?

The tribunal order states: Eleni Maile and Sione Maile must pay [The landlord/s] $14,950.44 immediately,

How much money was awarded in case 4783362?

Property Damage: $880.00 awarded to landlord; Cleaning: $1,300.00 awarded to landlord; Property Damage: $500.00 awarded to landlord; Filing Fee: $20.44 awarded to landlord; Property Damage: $1,447.50 awarded to landlord; Rent In Lieu (28 Days: $2,640.00 awarded to landlord; Bathroom cracked shower tiles and to…: $380.00 awarded to landlord; Broken Laundry Cabinet Door Hinge: $60.00 awarded to landlord; Broken Shower Caddy: $150.00 awarded to landlord; Cabinet Doors: $95.00 awarded to landlord; Gate: $1,380.00 awarded to landlord; Kitchen/Lounge Two Window Panes: $375.00 awarded to landlord; Remove and replace carpet bedrooms a…: $2,380.00 awarded to landlord; Property Damage: $280.00 awarded to landlord; Repaint Felt Marks On Walls: $210.00 awarded to landlord; Replace Missing Sink Shelving: $80.00 awarded to landlord; Shower Seal: $230.00 awarded to landlord; Wall Cedar Claddings: $1,130.00 awarded to landlord; Wall holes, repaint walls in bedroom…: $320.00 awarded to landlord; Replace furnishings: Handles/catches…: $360.00 awarded to landlord; Replace furnishings: hot water cubpo…: $120.00 awarded to landlord; Replace Furnishings: Lounge Carpet: $800.00 awarded to landlord; Replace furnishings: three bedroom d…: $410.00 awarded to landlord; Rubbish Removal: $1,322.50 awarded to landlord

What type of tenancy dispute was case 4783362?

The primary dispute was Property damage. Related themes: Cleanliness, Exemplary damages.

Where can I read the official tribunal order for case 4783362?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/10766507-Tribunal_Order_Redacted.pdf.

New Zealand Tenancy Tribunal Case 4783362 — Property damage

Claims and awards in Tenancy Tribunal application 4783362 — net $14,950.44 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent in lieu (28 days	$2,640.00	Rent in lieu (28 days
Rubbish removal: and lawns	$1,322.50	Rubbish removal: and lawns
Cleaning	$1,300.00	Cleaning
Repairs: Remove kitchen damaged tiles	$280.00	Repairs: Remove kitchen damaged tiles
Repairs: Kitchen/lounge two window panes	$375.00	Repairs: Kitchen/lounge two window panes
Repairs: Cabinet doors	$95.00	Repairs: Cabinet doors
Repairs: Replace missing sink shelving	$80.00	Repairs: Replace missing sink shelving
Replace furnishings: Lounge carpet	$800.00	Replace furnishings: Lounge carpet
Replace furnishings: Handles/catches for window in bathroom, toilet, kitchen, dining, bedrooms	$360.00	Replace furnishings: Handles/catches for window in bathroom, toilet, kitchen, dining, bedrooms
Repairs: Repaint felt marks on walls	$210.00	Repairs: Repaint felt marks on walls
Repairs: Bathroom cracked shower tiles and toilet	$380.00	Repairs: Bathroom cracked shower tiles and toilet
Repairs: Shower seal	$230.00	Repairs: Shower seal
Repairs: Broken shower caddy	$150.00	Repairs: Broken shower caddy
Repairs: Broken laundry cabinet door hinge	$60.00	Repairs: Broken laundry cabinet door hinge
Replace furnishings: hot water cubpoar door	$120.00	Replace furnishings: hot water cubpoar door
Repairs: Wall holes, repaint walls in bedrooms and passageway	$320.00	Repairs: Wall holes, repaint walls in bedrooms and passageway
Repairs: Remove and replace carpet bedrooms and	$2,380.00	Repairs: Remove and replace carpet bedrooms and
__________________________________________________________________________________ 47833622 passage way Repairs: Exterio	$880.00	__________________________________________________________________________________ 47833622 passage way Repairs: Exterio
Repairs: Wall cedar claddings	$1,130.00	Repairs: Wall cedar claddings
Repairs: Gate	$1,380.00	Repairs: Gate
Replace furnishings: three bedroom door locks and two entrance locks	$410.00	Replace furnishings: three bedroom door locks and two entrance locks
Gst on repairs	$1,447.50	Gst on repairs
Exemplary damages -abandonment	$500.00	Exemplary damages -abandonment
Filing fee reimbursement	$20.44	Filing fee reimbursement
Net award	$14,950.44
Total payable by Tenant to Landlord	$14,950.44

Claims and awards in Tenancy Tribunal application 4783362 — net $14,950.44 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.

Claim

Landlord

Tenant

Reason

Rent in lieu (28 days

$2,640.00

Rent in lieu (28 days

Rubbish removal: and lawns

$1,322.50

Rubbish removal: and lawns

Cleaning

$1,300.00

Cleaning

Repairs: Remove kitchen damaged tiles

$280.00

Repairs: Remove kitchen damaged tiles

Repairs: Kitchen/lounge two window panes

$375.00

Repairs: Kitchen/lounge two window panes

Repairs: Cabinet doors

$95.00

Repairs: Cabinet doors

Repairs: Replace missing sink shelving

$80.00

Repairs: Replace missing sink shelving

Replace furnishings: Lounge carpet

$800.00

Replace furnishings: Lounge carpet

Replace furnishings: Handles/catches for window in bathroom, toilet, kitchen, dining, bedrooms

$360.00

Replace furnishings: Handles/catches for window in bathroom, toilet, kitchen, dining, bedrooms

Repairs: Repaint felt marks on walls

$210.00

Repairs: Repaint felt marks on walls

Repairs: Bathroom cracked shower tiles and toilet

$380.00

Repairs: Bathroom cracked shower tiles and toilet

Repairs: Shower seal

$230.00

Repairs: Shower seal

Repairs: Broken shower caddy

$150.00

Repairs: Broken shower caddy

Repairs: Broken laundry cabinet door hinge

$60.00

Repairs: Broken laundry cabinet door hinge

Replace furnishings: hot water cubpoar door

$120.00

Replace furnishings: hot water cubpoar door

Repairs: Wall holes, repaint walls in bedrooms and passageway

$320.00

Repairs: Wall holes, repaint walls in bedrooms and passageway

Repairs: Remove and replace carpet bedrooms and

$2,380.00

Repairs: Remove and replace carpet bedrooms and

__________________________________________________________________________________ 47833622 passage way Repairs: Exterio

$880.00

__________________________________________________________________________________ 47833622 passage way Repairs: Exterio

Repairs: Wall cedar claddings

$1,130.00

Repairs: Wall cedar claddings

Repairs: Gate

$1,380.00

Repairs: Gate

Replace furnishings: three bedroom door locks and two entrance locks

$410.00

Replace furnishings: three bedroom door locks and two entrance locks

Gst on repairs

$1,447.50

Gst on repairs

Exemplary damages -abandonment

$500.00

Exemplary damages -abandonment

Filing fee reimbursement

$20.44

Filing fee reimbursement

Net award

$14,950.44

Total payable by Tenant to Landlord

$14,950.44

Reasons

The Landlord attended the hearing. The Tenant did not appear.

This matter was adjourned from the first hearing as the Landlord needed to provide further evidence and clarify his evidence.

The Landlord claimed rent arrears, water rates arrears, electricity charges, compensation, exemplary damages, refund of the bond, reimbursement of the filing fee and disposal of the Tenants goods. At the hearing, the Landlord did not pursue the claim for disposal of the Tenants goods.

The tenancy began on 8 November 2021 and an Order for termination was made on 22 December 2023. The Tenants abandoned the property around 8 December 2023.

How much is owed for rent, water rates and electricity?

The landlord claimed rent arrears and provided multiple rent summaries to prove his claim which showed various periods during the tenancy. The Landlord also provided email correspondence to the Tenant where he asked the Tenant repeatedly to pay rent arrears, water rates arrears and electricity throughout the tenancy. At the first hearing, the Landlord provided rent summaries which included charges for water and electricity. The matter was adjourned for the Landlord to amend these summaries.

At this hearing, the Landlord provided multiple rent summaries again however there was still a water charge included and the reconciliations of the rent arrears were difficult to verify. This was because there were multiple rent summaries provided for different periods of the tenancy rather than one continuous rent summary, showing all of the rent information from the start of the tenancy to the end date.

The Landlord also provided multiple water rates invoices and electricity invoices. Because there was not one sheet summarising all of the water rates information and a separate summary showing only the electricity information for the duration of the tenancy, the amounts the landlord was claiming was unable to be verified. Some of the evidence was double up of summaries so the evidence was voluminous and very difficult to work out.

As the Landlord is the applicant in this matter, the onus is upon the Landlord to prove their claim. They must persuade the Tribunal by providing evidence that is easy for the Tribunal to understand. It is not for the Tribunal to piece together their evidence. The evidence was not easy to understand because of the multiple summaries which should have been consolidated into separate summaries for the water, electricity and rent. The Landlord was also granted an adjournment to clarify his evidence because at the first hearing, the Landlord was still working out these amounts.

For these reasons, I dismiss the claim for rent arrears. I have however awarded the Landlord 28 days of rent, pursuant to section 61 of RTA 1986 because the Tenant abandoned the property around 8 December 2023.

In terms of the water rates arrears and electricity, again this evidence lacked clarity. Without a separate summary for each, the supporting evidence provided by the Landlord could not be reconciled. I dismiss the claim for electricity and water rates arrears.

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 provided a pre-tenancy report, exit inspection photographs, photographs of the rubbish, invoices for the cleaning, rubbish removal, lawn work and key lock replacement to substantiate their claims.

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 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.

The following damage was caused during the tenancy: Damage to the lounge window panes, window catches, kitchen sink cupboard shelving, hot cupboard door, carpet in the lounge, bedroom and hallway, bedroom, damage to lounge and bedroom walls, external cladding, shower, shower seal, kitchen tiles, hot water cupboard door, gate, cladding and external house panels. An invoice was provided to substantiate the repairs as well as photographs of the damage and the pre-tenancy inspection report. The damage is more than fair wear and tear, and the tenant has not disproved liability for the damage.

The amounts ordered are proved. Exemplary damages

The landlord claims the tenant abandoned the premises.

A tenancy is abandoned where the tenant leaves the premises without reasonable excuse and fails to notify the landlord, not intending to return or to meet their obligations.

A tenant commits an unlawful act if they abandon the premises when the rent is in arrear. Exemplary damages may be awarded up to a maximum of $1,500.00. See section 61(5) and Schedule 1A Residential Tenancies Act 1986.

The tenant did not inform the Landlord that they were vacating the property and the rent was in arrears. I find they have committed an unlawful act.

Where a party has committed an unlawful act intentionally, the Tribunal may award exemplary damages where it is satisfied 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.

As a result of the Tenants abandoning the property and failing to pay rent, this placed a financial strain on the landlord to cover the mortgage payments. I find the Tenants intentionally abandoned the property which is reinforced by their failure to respond to the Landlords attempt to contact them after the termination. The Landlord very stressed and had to repair the property, find new tenants and cover the mortgage. It is in the public interest that Tenants are made liable for failing to provide notice to end the tenancy because of the negative impact on the Landlord.

I find that exemplary damages should be awarded and that the appropriate amount in this instance is $500.00.

[The applicant/s] has substantially succeeded with the claim, the Tenant must reimburse the filing fee and name suppression is granted to the Landlord.

Claims and awards in Tenancy Tribunal application 4783362 — net $14,950.44 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent in lieu (28 days	$2,640.00	Rent in lieu (28 days
Rubbish removal: and lawns	$1,322.50	Rubbish removal: and lawns
Cleaning	$1,300.00	Cleaning
Repairs: Remove kitchen damaged tiles	$280.00	Repairs: Remove kitchen damaged tiles
Repairs: Kitchen/lounge two window panes	$375.00	Repairs: Kitchen/lounge two window panes
Repairs: Cabinet doors	$95.00	Repairs: Cabinet doors
Repairs: Replace missing sink shelving	$80.00	Repairs: Replace missing sink shelving
Replace furnishings: Lounge carpet	$800.00	Replace furnishings: Lounge carpet
Replace furnishings: Handles/catches for window in bathroom, toilet, kitchen, dining, bedrooms	$360.00	Replace furnishings: Handles/catches for window in bathroom, toilet, kitchen, dining, bedrooms
Repairs: Repaint felt marks on walls	$210.00	Repairs: Repaint felt marks on walls
Repairs: Bathroom cracked shower tiles and toilet	$380.00	Repairs: Bathroom cracked shower tiles and toilet
Repairs: Shower seal	$230.00	Repairs: Shower seal
Repairs: Broken shower caddy	$150.00	Repairs: Broken shower caddy
Repairs: Broken laundry cabinet door hinge	$60.00	Repairs: Broken laundry cabinet door hinge
Replace furnishings: hot water cubpoar door	$120.00	Replace furnishings: hot water cubpoar door
Repairs: Wall holes, repaint walls in bedrooms and passageway	$320.00	Repairs: Wall holes, repaint walls in bedrooms and passageway
Repairs: Remove and replace carpet bedrooms and	$2,380.00	Repairs: Remove and replace carpet bedrooms and
__________________________________________________________________________________ 47833622 passage way Repairs: Exterio	$880.00	__________________________________________________________________________________ 47833622 passage way Repairs: Exterio
Repairs: Wall cedar claddings	$1,130.00	Repairs: Wall cedar claddings
Repairs: Gate	$1,380.00	Repairs: Gate
Replace furnishings: three bedroom door locks and two entrance locks	$410.00	Replace furnishings: three bedroom door locks and two entrance locks
Gst on repairs	$1,447.50	Gst on repairs
Exemplary damages -abandonment	$500.00	Exemplary damages -abandonment
Filing fee reimbursement	$20.44	Filing fee reimbursement
Net award	$14,950.44
Total payable by Tenant to Landlord	$14,950.44

Claims and awards in Tenancy Tribunal application 4783362 — net $14,950.44 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.

Claim

Landlord

Tenant

Reason

Rent in lieu (28 days

$2,640.00

Rent in lieu (28 days

Rubbish removal: and lawns

$1,322.50

Rubbish removal: and lawns

Cleaning

$1,300.00

Cleaning

Repairs: Remove kitchen damaged tiles

$280.00

Repairs: Remove kitchen damaged tiles

Repairs: Kitchen/lounge two window panes

$375.00

Repairs: Kitchen/lounge two window panes

Repairs: Cabinet doors

$95.00

Repairs: Cabinet doors

Repairs: Replace missing sink shelving

$80.00

Repairs: Replace missing sink shelving

Replace furnishings: Lounge carpet

$800.00

Replace furnishings: Lounge carpet

Replace furnishings: Handles/catches for window in bathroom, toilet, kitchen, dining, bedrooms

$360.00

Replace furnishings: Handles/catches for window in bathroom, toilet, kitchen, dining, bedrooms

Repairs: Repaint felt marks on walls

$210.00

Repairs: Repaint felt marks on walls

Repairs: Bathroom cracked shower tiles and toilet

$380.00

Repairs: Bathroom cracked shower tiles and toilet

Repairs: Shower seal

$230.00

Repairs: Shower seal

Repairs: Broken shower caddy

$150.00

Repairs: Broken shower caddy

Repairs: Broken laundry cabinet door hinge

$60.00

Repairs: Broken laundry cabinet door hinge

Replace furnishings: hot water cubpoar door

$120.00

Replace furnishings: hot water cubpoar door

Repairs: Wall holes, repaint walls in bedrooms and passageway

$320.00

Repairs: Wall holes, repaint walls in bedrooms and passageway

Repairs: Remove and replace carpet bedrooms and

$2,380.00

Repairs: Remove and replace carpet bedrooms and

__________________________________________________________________________________ 47833622 passage way Repairs: Exterio

$880.00

__________________________________________________________________________________ 47833622 passage way Repairs: Exterio

Repairs: Wall cedar claddings

$1,130.00

Repairs: Wall cedar claddings

Repairs: Gate

$1,380.00

Repairs: Gate

Replace furnishings: three bedroom door locks and two entrance locks

$410.00

Replace furnishings: three bedroom door locks and two entrance locks

Gst on repairs

$1,447.50

Gst on repairs

Exemplary damages -abandonment

$500.00

Exemplary damages -abandonment

Filing fee reimbursement

$20.44

Filing fee reimbursement

Net award

$14,950.44

Total payable by Tenant to Landlord

$14,950.44

Order

Eleni Maile and Sione Maile must pay [The landlord/s] $14,950.44 immediately, calculated as shown in table below.
The Bond Centre is to pay the bond of $1,920.00 ([Bond number suppressed]) to [The landlord/s] immediately.

Reasons

The Landlord attended the hearing. The Tenant did not appear.
This matter was adjourned from the first hearing as the Landlord needed to provide further evidence and clarify his evidence.
The Landlord claimed rent arrears, water rates arrears, electricity charges, compensation, exemplary damages, refund of the bond, reimbursement of the filing fee and disposal of the Tenants goods. At the hearing, the Landlord did not pursue the claim for disposal of the Tenants goods.
The tenancy began on 8 November 2021 and an Order for termination was made on 22 December 2023. The Tenants abandoned the property around 8 December 2023.

How much is owed for rent, water rates and electricity?

The landlord claimed rent arrears and provided multiple rent summaries to prove his claim which showed various periods during the tenancy. The Landlord also provided email correspondence to the Tenant where he asked the Tenant repeatedly to pay rent arrears, water rates arrears and electricity throughout the tenancy. At the first hearing, the Landlord provided rent summaries which included charges for water and electricity. The matter was adjourned for the Landlord to amend these summaries.
At this hearing, the Landlord provided multiple rent summaries again however there was still a water charge included and the reconciliations of the rent arrears were difficult to verify. This was because there were multiple rent summaries provided for different periods of the tenancy rather than one continuous rent summary, showing all of the rent information from the start of the tenancy to the end date.
The Landlord also provided multiple water rates invoices and electricity invoices. Because there was not one sheet summarising all of the water rates information and a separate summary showing only the electricity information for the duration of the tenancy, the amounts the landlord was claiming was unable to be verified. Some of the evidence was double up of summaries so the evidence was voluminous and very difficult to work out.
As the Landlord is the applicant in this matter, the onus is upon the Landlord to prove their claim. They must persuade the Tribunal by providing evidence that is easy for the Tribunal to understand. It is not for the Tribunal to piece together their evidence. The evidence was not easy to understand because of the multiple summaries which should have been consolidated into separate summaries for the water, electricity and rent. The Landlord was also granted an adjournment to clarify his evidence because at the first hearing, the Landlord was still working out these amounts.
For these reasons, I dismiss the claim for rent arrears. I have however awarded the Landlord 28 days of rent, pursuant to section 61 of RTA 1986 because the Tenant abandoned the property around 8 December 2023.
In terms of the water rates arrears and electricity, again this evidence lacked clarity. Without a separate summary for each, the supporting evidence provided by the Landlord could not be reconciled. I dismiss the claim for electricity and water rates arrears.

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 provided a pre-tenancy report, exit inspection photographs, photographs of the rubbish, invoices for the cleaning, rubbish removal, lawn work and key lock replacement to substantiate their claims.
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 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.
The following damage was caused during the tenancy: Damage to the lounge window panes, window catches, kitchen sink cupboard shelving, hot cupboard door, carpet in the lounge, bedroom and hallway, bedroom, damage to lounge and bedroom walls, external cladding, shower, shower seal, kitchen tiles, hot water cupboard door, gate, cladding and external house panels. An invoice was provided to substantiate the repairs as well as photographs of the damage and the pre-tenancy inspection report. The damage is more than fair wear and tear, and the tenant has not disproved liability for the damage.
The amounts ordered are proved. Exemplary damages
The landlord claims the tenant abandoned the premises.
A tenancy is abandoned where the tenant leaves the premises without reasonable excuse and fails to notify the landlord, not intending to return or to meet their obligations.
A tenant commits an unlawful act if they abandon the premises when the rent is in arrear. Exemplary damages may be awarded up to a maximum of $1,500.00. See section 61(5) and Schedule 1A Residential Tenancies Act 1986.
The tenant did not inform the Landlord that they were vacating the property and the rent was in arrears. I find they have committed an unlawful act.
Where a party has committed an unlawful act intentionally, the Tribunal may award exemplary damages where it is satisfied 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.
As a result of the Tenants abandoning the property and failing to pay rent, this placed a financial strain on the landlord to cover the mortgage payments. I find the Tenants intentionally abandoned the property which is reinforced by their failure to respond to the Landlords attempt to contact them after the termination. The Landlord very stressed and had to repair the property, find new tenants and cover the mortgage. It is in the public interest that Tenants are made liable for failing to provide notice to end the tenancy because of the negative impact on the Landlord.
I find that exemplary damages should be awarded and that the appropriate amount in this instance is $500.00.
[The applicant/s] has substantially succeeded with the claim, the Tenant must reimburse the filing fee and name suppression is granted to the Landlord.

Tenancy Tribunal case 4783362 — Property damage

At a glance

Tenancy Tribunal case 4783362 — Property damage

At a glance

Award balance

Claims & awards

Order

Reasons

How much is owed for rent, water rates and electricity?

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

Order

Reasons

How much is owed for rent, water rates and electricity?

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