What was Tenancy Tribunal case 4799106 about?

The tribunal order states: Randy Seupule must pay [The landlord/s] $4,877.82 immediately, calculated as

How much money was awarded in case 4799106?

Filing Fee: $20.44 awarded to landlord; Property Damage: $3,507.50 awarded to landlord; Rent Arrears: $870.88 awarded to landlord; Water Rates: $479.00 awarded to landlord

What type of tenancy dispute was case 4799106?

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

Where can I read the official tribunal order for case 4799106?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/10373582-Tribunal_Order_Redacted.pdf.

What was Tenancy Tribunal case 4799106 about?

The tribunal order states: Randy Seupule must pay [The landlord/s] $4,877.82 immediately, calculated as

How much money was awarded in case 4799106?

Filing Fee: $20.44 awarded to landlord; Property Damage: $3,507.50 awarded to landlord; Rent Arrears: $870.88 awarded to landlord; Water Rates: $479.00 awarded to landlord

What type of tenancy dispute was case 4799106?

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

Where can I read the official tribunal order for case 4799106?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/10373582-Tribunal_Order_Redacted.pdf.

New Zealand Tenancy Tribunal Case 4799106 — Property damage

Tenantcheck Insights

Reasons

Claims and awards in Tenancy Tribunal application 4799106 — net $4,877.82 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears	$870.88	Rent arrears
Water rates	$479.00	Water rates
Repairs	$3,507.50	Repairs
Filing fee reimbursement	$20.44	Filing fee reimbursement
Net award	$4,877.82
Total payable by Tenant to Landlord	$4,877.82

The landlord attended the hearing, conducted via video. The tenant did not join and a call out was made. The call went unanswered and to voicemail. I was satisfied adequate service had completed and I continued with the hearing after the call went unanswered.

The landlord has applied for rent arrears, compensation, and reimbursement of the filing fee following the end of the tenancy.

How much is owed for rent and water rates?

The tenancy ended on 22 February 2024. The landlord provided rent records and water rates invoices which prove the amount owing at the end of the tenancy are as ordered. The bond has been released the landlord and applied against the rent arrear, reducing the amount payable to that ordered.

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: a. Broken power point b. Multiple holes in the walls c. Markings on multiple walls and doors, as well as on the exterior wall. d. Broken door and doorframe e. Three windows were broken or cracked.

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

The amounts ordered are proved with the compensation of $3,507.50 established via invoices.

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 taken into account the age and condition of the items at the start of the tenancy and their likely useful lifespan. Application filing fee

Because [The applicant/s] has wholly succeeded with the claim I must reimburse the filing fee. Suppression

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.

Further, the Tribunal may, on the application of any party to proceedings or on its own initiative, having regard to the interests of the parties and to the public interest, order that all or part of the evidence given or the name or any identifying particulars of any witness or party not be published.

The landlord requested suppression in its application. As it has been wholly successful, suppression is ordered.

Reasons

Claims and awards in Tenancy Tribunal application 4799106 — net $4,877.82 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears	$870.88	Rent arrears
Water rates	$479.00	Water rates
Repairs	$3,507.50	Repairs
Filing fee reimbursement	$20.44	Filing fee reimbursement
Net award	$4,877.82
Total payable by Tenant to Landlord	$4,877.82

The landlord has applied for rent arrears, compensation, and reimbursement of the filing fee following the end of the tenancy.

How much is owed for rent and water rates?

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 with the compensation of $3,507.50 established via invoices.

Because [The applicant/s] has wholly succeeded with the claim I must reimburse the filing fee. Suppression

The landlord requested suppression in its application. As it has been wholly successful, suppression is ordered.

Tenancy Tribunal case 4799106 — Property damage

At a glance

Tenancy Tribunal case 4799106 — Property damage

At a glance

Award balance

Claims & awards

Order

Reasons

How much is owed for rent and water rates?

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 and water rates?

Is the tenant responsible for the damage to the premises?

Topics & place

Residential Tenancies Act sections

Key findings

Frequently asked questions