What was Tenancy Tribunal case 4822457 about?

The tribunal order states: Mere Toby must pay [The landlord/s] $4,157.44 immediately for repairs,

How much money was awarded in case 4822457?

Property Damage: $500.00 awarded to landlord; Filing Fee: $20.44 awarded to landlord; Property Damage: $2,280.00 awarded to landlord; Property Damage: $1,357.00 awarded to landlord

What type of tenancy dispute was case 4822457?

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

Where can I read the official tribunal order for case 4822457?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/10543476-Tribunal_Order_Redacted.pdf.

What was Tenancy Tribunal case 4822457 about?

The tribunal order states: Mere Toby must pay [The landlord/s] $4,157.44 immediately for repairs,

How much money was awarded in case 4822457?

Property Damage: $500.00 awarded to landlord; Filing Fee: $20.44 awarded to landlord; Property Damage: $2,280.00 awarded to landlord; Property Damage: $1,357.00 awarded to landlord

What type of tenancy dispute was case 4822457?

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

Where can I read the official tribunal order for case 4822457?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/10543476-Tribunal_Order_Redacted.pdf.

32B Maplesden Drive, Clendon Park, Auckland 2103 Tenancy Tribunal Case 4822457 — Property damage

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Order

Claims and awards in Tenancy Tribunal application 4822457 — net $4,157.44 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Filing fee reimbursement	$20.44	Filing fee reimbursement
Window repairs: and locksmith costs	$1,357.00	Window repairs: and locksmith costs
Compensation for damage to floors	$2,280.00	Compensation for damage to floors
Exemplary damages	$500.00	Exemplary damages
Net award	$4,157.44
Total payable by Tenant to Landlord	$4,157.44

Mere Toby must pay [The landlord/s] $4,157.44 immediately for repairs, exemplary damages and reimbursing the filing fee, as calculated and shown in table below. DescriptionLandlord Filing fee reimbursement$20.44 Window repairs: and locksmith costs$1,357.00 Compensation for damage to floors$2280.00 Exemplary damages $500.00 Total award$4157.44 Total payable by Tenant to Landlord$4157.44

Reasons

The landlord attended the hearing, the tenant did not attend.

The landlord has applied for compensation, exemplary damages and reimbursement of the filing fee following the end of the tenancy. Background:

This tenancy terminated by Order of the Tribunal on 15 December 2023. Adjudicator Pollak gave immediate termination and possession to the landlord on 15 December 2023.

The bond was refunded on that day to offset the debt owed to the landlord by the tenant for repairs, water bills and reimbursing the filing fee.

After termination of the tenancy the landlord had to obtain the assistance of a Court Bailiff to evict the tenant. The landlord seeks to recover $200.00 for the cost of bailiff’s fee. Unfortunately, the Tribunal does not have the jurisdiction to award bailiff fees to a landlord.

The landlord was aware prior to the eviction that the property was damaged and left in an unclean and untidy condition. The landlord seeks to claim the cost of the broken windows, replacement locks, reimbursement of filing fee, exemplary damages and $10,925.00 for damages to the property.

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 (RTA). 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 has provided photos and entry and exit reports.

As the property had to undergo a significant repair the landlord is not claiming for the cleaning or rubbish removal.

The landlord has provided an invoice $373.75 for the cost of replacing the keys and locks.

I am satisfied that the landlord has proven their claim for the key and locksmith replacement.

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 landlord alleges the following damage was caused during the tenancy: -Broken windows in ranch slider in lounge/ dining area -Damages to walls, small holes in bedroom 1, 2 and behind the door -Damage caused by flooding to floors in 1 bedroom, hallway, bathroom. -Damage to door requiring replacing as a result of flooding. -Full renovation including new shower and vanity, toilet seat as the floor had to be replaced.

The landlord is seeking two separate costs for repairs to the property. One invoice is from [the locksmith] for $1357.00 for the keys and locksmith fees as awarded in paragraph 12 of this Order, and to replace broken windows and flashing in ranch slider and windows. The remaining balance of $983.25 is awarded to the landlord for these repairs.

The landlord has provided photos and an inspection report that shows the damage to windows and ranch slider. I am satisfied that the landlord has proven their claim for $1357.00.

The other invoice is from [the renovation company] dated 20 May 2024 for $10,925.00 for the cost of this extensive repair and renovation.

The landlord alleges that there must have been a serious flood in the property, which the tenant has not advised the landlord of. The landlord says as a result of not being notified of the flood that the floor in the bathroom, one bedroom and the hallway rotted away and collapsed.

When the landlord gained possession of the property after termination of the tenancy, they found that the floor had collapsed in the bedroom and the underground dirt floor could be seen from inside the house. The landlord provided photos of the collapsed flooring and exposed underground.

The landlord says that as a result of the tenants action the property has been seriously damaged, and she is responsible for the cost to replace the floors. Because the bathroom floor had to be replaced the landlord had to removal and replace the existing vanity and shower.

The landlord had sought to have the damage covered by insurance but that was declined.

The landlord advised that the property was built around 1980-1990, and the flooring in the bathroom, hallway and bedroom would have been original. However, the landlord had renovated the property by repainting, recarpeting and putting up new blinds at the start of this tenancy in 2022.

Presumably if there were issues with a rotting floor in the hallway, bedroom, and bathroom it would have been obvious when the recarpeting had been done. Additionally, the tenant had a high-water bill and as a result the landlord had a plumber go to the property to check for water leaks. The landlord provided the Tribunal with an invoice for $166.75 dated 31 August 2023 from [the plumber] who confirmed that they had checked the water meter and found no leaks at all.

The landlord inspected the property on 10 July 2023 and issued a 14-day notice requiring the tenant to repair damage to the exterior wallboards of the premises, repair holes in the walls of the laundry, bedroom and hallway and other damage that was a breach of the tenants’ responsibilities pursuant to s40 of the RTA.

The landlord served a second 14-day notice on the tenant on 9 October 2023 as the tenant did not remedy the breaches raised in the first 14-day notice.

The landlord tried to communicate with the tenant about coming to undertake further inspections to ascertain if any further breaches have been committed and/or any further damage done to the property. The tenant did not respond to the landlord efforts to make arrangements for tradespeople to come to the property and address repairs.

The landlord stated that they have tried on numerous occasions during the tenancy to communicate with the tenant about undertaking further inspections, but the tenant has refused them access to the property for routine inspection.

The landlord believes that the tenant should be liable for the cost of repairs as her actions or omission, in not advising of the flood and hindering access to inspect the property, has caused significant damage and costs for the landlord to repair. After the initial flood there was not appropriate action to dry out the flooring and as a result the floor has disintegrated and collapsed.

I find that the tenant has been careless and has caused damage to the property. Under s49B (3A) (a) of the RTA the tenant is liable to four weeks rent in compensation. I award $2280.00 to the landlord for the damage caused by the tenant’s careless action in causing a flood in the property and not reporting it to the landlord.

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

The landlord believes that the tenant should pay exemplary damages for breaching her obligations under s40(1) (d) of the RTA, to notify the landlord as soon as possible after discovering any damage to the premises.

I accept that the tenant would have been aware of the damage particularly where the bedroom floor had collapsed exposing the dirt floor under the house.

S109(3) of the RTA requires the Tribunal to be satisfied that the unlawful act, breaching s40(1) (d) RTA, was committed intentionally by the person who committed it before exemplary damages can be awarded.

I must be satisfied that the tenants breach was committed intentionally in the sense of deliberately and in full knowledge that she was not meeting her obligations. I find that the evidence does establish that.

I consider that there are sufficient grounds to award exemplary damages against the tenant in relation to the rotten floorboard and collapsed bedroom floor.

The tenant has repeatedly damaged the property and failed to repair the damage. There were two 14-day notices served on her in July and October 2023 relating to damage caused by the tenant during this tenancy.

The effect of the tenant’s breach is to cause significant costs for repairs for the landlord. There is a public interest in holding a tenant accountable for the damage she caused during her tenancy.

I am awarding the landlord $500.00 in exemplary damage for the tenant’s breach of her obligations under s40(1) (d) of the RTA. Suppression and Filing fee

The landlord has applied for suppression of their details and as they have been successful with their application, I am granting suppression.

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

Order

Claims and awards in Tenancy Tribunal application 4822457 — net $4,157.44 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Filing fee reimbursement	$20.44	Filing fee reimbursement
Window repairs: and locksmith costs	$1,357.00	Window repairs: and locksmith costs
Compensation for damage to floors	$2,280.00	Compensation for damage to floors
Exemplary damages	$500.00	Exemplary damages
Net award	$4,157.44
Total payable by Tenant to Landlord	$4,157.44