What was Tenancy Tribunal case 4822199 about?

The tribunal order states: Carl William Harper and Miracle Christine Hapi must pay [The landlord/s]

How much money was awarded in case 4822199?

Broken Panes In Glasshouse: $300.00 awarded to landlord; Filing Fee: $20.44 awarded to landlord; Property Damage: $5,500.00 awarded to landlord; Property Damage: $300.00 awarded to landlord; Property Damage: $200.00 awarded to landlord; Property Damage: $550.00 awarded to landlord; Rent Arrears: $2,620.00 awarded to landlord

What type of tenancy dispute was case 4822199?

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

Where can I read the official tribunal order for case 4822199?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/10481219-Tribunal_Order_Redacted.pdf.

What was Tenancy Tribunal case 4822199 about?

The tribunal order states: Carl William Harper and Miracle Christine Hapi must pay [The landlord/s]

How much money was awarded in case 4822199?

Broken Panes In Glasshouse: $300.00 awarded to landlord; Filing Fee: $20.44 awarded to landlord; Property Damage: $5,500.00 awarded to landlord; Property Damage: $300.00 awarded to landlord; Property Damage: $200.00 awarded to landlord; Property Damage: $550.00 awarded to landlord; Rent Arrears: $2,620.00 awarded to landlord

What type of tenancy dispute was case 4822199?

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

Where can I read the official tribunal order for case 4822199?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/10481219-Tribunal_Order_Redacted.pdf.

New Zealand Tenancy Tribunal Case 4822199 — Property damage

Tenantcheck Insights

New Zealand Tenancy Tribunal Case 4822199 — Property damage | 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 4822199 — net $8,290.44 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears to 9/3/2024	$2,620.00	Rent arrears to 9/3/2024
Insurance excesses for carpet replacement, door and wall repairs and painting and changing locks	$5,500.00	Insurance excesses for carpet replacement, door and wall repairs and painting and changing locks
Broken panes in glasshouse	$300.00	Broken panes in glasshouse
Replacement clothes line	$300.00	Replacement clothes line
Replacement TV	$200.00	Replacement TV
Replacement dishwasher	$550.00	Replacement dishwasher
Filing fee reimbursement	$20.44	Filing fee reimbursement
Net award	$8,290.44
Total payable by Tenant to Landlord	$8,290.44

Claims and awards for application 4822199 — net $8,290.44 NZD. Verify on MoJ.

Rent arrears to 9/3/2024

Amount: $2,620.00
Awarded to: Landlord
Reason: Rent arrears to 9/3/2024

Insurance excesses for carpet replacement, door and wall repairs and painting and changing locks

Amount: $5,500.00
Awarded to: Landlord
Reason: Insurance excesses for carpet replacement, door and wall repairs and painting and changing locks

Broken panes in glasshouse

Amount: $300.00
Awarded to: Landlord
Reason: Broken panes in glasshouse

Replacement clothes line

Amount: $300.00
Awarded to: Landlord
Reason: Replacement clothes line

Replacement TV

Amount: $200.00
Awarded to: Landlord

Claim types — money lines allowed on this order

Filing Fee Property damage Rent arrears

Order

Carl William Harper and Miracle Christine Hapi must pay [The landlord/s] $8,290.44 immediately, calculated as shown in table below.
The Bond Centre is to pay the bond of $1,200.00 ([Bond number suppressed]) to [The landlord/s] immediately.

Reasons

The landlord attended the hearing.
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 landlord found the premises abandoned on 3/3/2024, after giving the tenant 90 days notice on 15/2/2024.
The landlord provided rent records which prove the amount claimed.

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 landlord sought compensation as follows: a. $400.00 for replacement of two televisions b. $500.00 skip hire
In support of the claim the landlord provided photographs taken on 4/3/2024.
I am satisfied that the tenant did not leave the premises reasonably clean and tidy and did not remove all rubbish.
However, because no invoice was available for the skip no award is made for this cost.
As the tenant did not return all the keys an award is made for the insurance excess on the claim made for changing the locks.
Although two televisions were missing at the end of the tenancy only the cost of the replacement of one has been awarded because of the advice from the landlord that only one has been replaced.

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.
The landlord sought compensation of $20,174.00 for a combination of careless and intentional damage.
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.
I am persuaded that damage was caused during the tenancy to carpets, walls, doors, the dishwasher, glasshouse and clothesline and the tenant has not disproved liability for the damage.
I am satisfied that some damage such as to doors and walls is intentional and some such as to the glass house and carpets is careless.
However, I consider the fact that the oven was found not to be working properly three months after the tenant vacated is due to fair wear and tear and the age of the appliance.
As the landlord has claimed on their insurance for all the damages except for the dishwasher I have awarded the relevant excesses.
The claim for the dishwasher has been reduced taking into account betterment and depreciation, based on the evidence of the electrician about the age of the appliance.
As [The applicant/s] has substantially succeeded with the claim I have awarded the filing fee.
Suppression pursuant to section 95A is granted because the landlord has been largely successful with the claim.

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 4822199 — net $8,290.44 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears to 9/3/2024	$2,620.00	Rent arrears to 9/3/2024
Insurance excesses for carpet replacement, door and wall repairs and painting and changing locks	$5,500.00	Insurance excesses for carpet replacement, door and wall repairs and painting and changing locks
Broken panes in glasshouse	$300.00	Broken panes in glasshouse
Replacement clothes line	$300.00	Replacement clothes line
Replacement TV	$200.00	Replacement TV
Replacement dishwasher	$550.00	Replacement dishwasher
Filing fee reimbursement	$20.44	Filing fee reimbursement
Net award	$8,290.44
Total payable by Tenant to Landlord	$8,290.44

Claims and awards for application 4822199 — net $8,290.44 NZD. Verify on MoJ.

Rent arrears to 9/3/2024

Amount: $2,620.00
Awarded to: Landlord
Reason: Rent arrears to 9/3/2024

Insurance excesses for carpet replacement, door and wall repairs and painting and changing locks

Amount: $5,500.00
Awarded to: Landlord
Reason: Insurance excesses for carpet replacement, door and wall repairs and painting and changing locks

Broken panes in glasshouse

Amount: $300.00
Awarded to: Landlord
Reason: Broken panes in glasshouse

Replacement clothes line

Amount: $300.00
Awarded to: Landlord
Reason: Replacement clothes line

Replacement TV

Amount: $200.00
Awarded to: Landlord

Claim types — money lines allowed on this order

Filing Fee Property damage Rent arrears

Order

Carl William Harper and Miracle Christine Hapi must pay [The landlord/s] $8,290.44 immediately, calculated as shown in table below.
The Bond Centre is to pay the bond of $1,200.00 ([Bond number suppressed]) to [The landlord/s] immediately.

Reasons

The landlord attended the hearing.
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 landlord found the premises abandoned on 3/3/2024, after giving the tenant 90 days notice on 15/2/2024.
The landlord provided rent records which prove the amount claimed.

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 landlord sought compensation as follows: a. $400.00 for replacement of two televisions b. $500.00 skip hire
In support of the claim the landlord provided photographs taken on 4/3/2024.
I am satisfied that the tenant did not leave the premises reasonably clean and tidy and did not remove all rubbish.
However, because no invoice was available for the skip no award is made for this cost.
As the tenant did not return all the keys an award is made for the insurance excess on the claim made for changing the locks.
Although two televisions were missing at the end of the tenancy only the cost of the replacement of one has been awarded because of the advice from the landlord that only one has been replaced.

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.
The landlord sought compensation of $20,174.00 for a combination of careless and intentional damage.
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.
I am persuaded that damage was caused during the tenancy to carpets, walls, doors, the dishwasher, glasshouse and clothesline and the tenant has not disproved liability for the damage.
I am satisfied that some damage such as to doors and walls is intentional and some such as to the glass house and carpets is careless.
However, I consider the fact that the oven was found not to be working properly three months after the tenant vacated is due to fair wear and tear and the age of the appliance.
As the landlord has claimed on their insurance for all the damages except for the dishwasher I have awarded the relevant excesses.
The claim for the dishwasher has been reduced taking into account betterment and depreciation, based on the evidence of the electrician about the age of the appliance.
As [The applicant/s] has substantially succeeded with the claim I have awarded the filing fee.
Suppression pursuant to section 95A is granted because the landlord has been largely successful with the claim.

Tenancy Tribunal case 4822199 — Property damage

At a glance

Tenancy Tribunal case 4822199 — Property damage

At a glance

Award balance

Claims & awards

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

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