What was Tenancy Tribunal case 4804403 about?

The tribunal order states: An application for suppression has been made in this case, and the Tribunal

How much money was awarded in case 4804403?

Filing Fee: $20.44 awarded to landlord; Rent Arrears: $2,388.57 awarded to landlord; Property Damage: $900.00 awarded to landlord

What type of tenancy dispute was case 4804403?

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

Where can I read the official tribunal order for case 4804403?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/11346762-Tribunal_Order_Redacted.pdf.

What was Tenancy Tribunal case 4804403 about?

The tribunal order states: An application for suppression has been made in this case, and the Tribunal

How much money was awarded in case 4804403?

Filing Fee: $20.44 awarded to landlord; Rent Arrears: $2,388.57 awarded to landlord; Property Damage: $900.00 awarded to landlord

What type of tenancy dispute was case 4804403?

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

Where can I read the official tribunal order for case 4804403?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/11346762-Tribunal_Order_Redacted.pdf.

New Zealand Tenancy Tribunal Case 4804403 — Rent arrears

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New Zealand Tenancy Tribunal Case 4804403 — Rent arrears | 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 4804403 — net $1,949.01 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears to 21.11.2023	$2,388.57	Rent arrears to 21.11.2023
Repairs: kitchen floor damage insurance excess	$900.00	Repairs: kitchen floor damage insurance excess
Filing fee reimbursement	$20.44	Filing fee reimbursement
Net award	$1,949.01
Total payable by Tenant to Landlord	$1,949.01

Claims and awards for application 4804403 — net $1,949.01 NZD. Verify on MoJ.

Rent arrears to 21.11.2023

Amount: $2,388.57
Awarded to: Landlord
Reason: Rent arrears to 21.11.2023

Repairs: kitchen floor damage insurance excess

Amount: $900.00
Awarded to: Landlord
Reason: Repairs: kitchen floor damage insurance excess

Filing fee reimbursement

Amount: $20.44
Awarded to: Landlord
Reason: Filing fee reimbursement

Net award

Landlord $1,949.01

Total payable by Tenant to Landlord

Landlord $1,949.01

Claim types — money lines allowed on this order

Filing Fee Rent arrears Property damage

Order

An application for suppression has been made in this case, and the Tribunal orders suppression of the Landlord name and identifying details.
Natalie Aroha Wharepapa and Tautopa-Atua Victor Paul Pouwhare must pay [The landlord/s] $1,949.01 immediately, calculated as shown in the table below.
The Bond Centre is to pay the bond of $1,360.00 ([Bond number suppressed]) to [The landlord/s] immediately.

Reasons

The landlord attended the hearing. There was no appearance by the tenants.
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 21 November 2023. The landlord provided rent records which prove the amount owing at the end of the tenancy.

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. In this case the landlord has insurance with an excess of $900.
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: The tap handle in the kitchen was broken by the tenants and was not reported to the landlord. The damage resulted in the tap not turning off properly. A flood occurred in the kitchen when the tenants were away for a weekend and had not shut the tap off properly. Only then did the tenant advise the landlord of the tap problem. The tenants were using a vice to turn the tap on and off. I am satisfied on the evidence that the damage occurred because the tenants did not shut off the tap properly and nor did they notify the landlord of the problem so that it could be fixed. Had they done so, the landlord could have fixed the tap and avoided a flood. The flood damaged the kitchen floor structure and lino which had to be replaced at a cost of $9,213.71. The landlord was required to cover the insurance excess of $900 towards the repair costs. The damage is more than fair wear and tear, and the tenant has not disproved liability for the damage and the resulting insurance excess.
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 taken into account the age and condition of the items at the start of the tenancy and their likely useful lifespan.

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 4804403 — net $1,949.01 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears to 21.11.2023	$2,388.57	Rent arrears to 21.11.2023
Repairs: kitchen floor damage insurance excess	$900.00	Repairs: kitchen floor damage insurance excess
Filing fee reimbursement	$20.44	Filing fee reimbursement
Net award	$1,949.01
Total payable by Tenant to Landlord	$1,949.01

Claims and awards for application 4804403 — net $1,949.01 NZD. Verify on MoJ.

Rent arrears to 21.11.2023

Amount: $2,388.57
Awarded to: Landlord
Reason: Rent arrears to 21.11.2023

Repairs: kitchen floor damage insurance excess

Amount: $900.00
Awarded to: Landlord
Reason: Repairs: kitchen floor damage insurance excess

Filing fee reimbursement

Amount: $20.44
Awarded to: Landlord
Reason: Filing fee reimbursement

Net award

Landlord $1,949.01

Total payable by Tenant to Landlord

Landlord $1,949.01

Claim types — money lines allowed on this order

Filing Fee Rent arrears Property damage

Order

An application for suppression has been made in this case, and the Tribunal orders suppression of the Landlord name and identifying details.
Natalie Aroha Wharepapa and Tautopa-Atua Victor Paul Pouwhare must pay [The landlord/s] $1,949.01 immediately, calculated as shown in the table below.
The Bond Centre is to pay the bond of $1,360.00 ([Bond number suppressed]) to [The landlord/s] immediately.

Reasons

The landlord attended the hearing. There was no appearance by the tenants.
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 21 November 2023. The landlord provided rent records which prove the amount owing at the end of the tenancy.

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. In this case the landlord has insurance with an excess of $900.
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: The tap handle in the kitchen was broken by the tenants and was not reported to the landlord. The damage resulted in the tap not turning off properly. A flood occurred in the kitchen when the tenants were away for a weekend and had not shut the tap off properly. Only then did the tenant advise the landlord of the tap problem. The tenants were using a vice to turn the tap on and off. I am satisfied on the evidence that the damage occurred because the tenants did not shut off the tap properly and nor did they notify the landlord of the problem so that it could be fixed. Had they done so, the landlord could have fixed the tap and avoided a flood. The flood damaged the kitchen floor structure and lino which had to be replaced at a cost of $9,213.71. The landlord was required to cover the insurance excess of $900 towards the repair costs. The damage is more than fair wear and tear, and the tenant has not disproved liability for the damage and the resulting insurance excess.
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 taken into account the age and condition of the items at the start of the tenancy and their likely useful lifespan.

Tenancy Tribunal case 4804403 — Rent arrears

At a glance

Tenancy Tribunal case 4804403 — Rent arrears

At a glance

Award balance

Claims & awards

Order

Reasons

How much is owed for rent?

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?

Is the tenant responsible for the damage to the premises?

Topics & place

Residential Tenancies Act sections

Key findings

Frequently asked questions