What was Tenancy Tribunal case 4836706 about?

The tribunal order states: Keisha Maureen Lila Dawn Miles must pay [The landlord/s] $25,837.33

How much money was awarded in case 4836706?

Building Materials: $2,865.00 awarded to landlord; Filing Fee: $20.44 awarded to landlord; Paint: $923.00 awarded to landlord; Painter: $8,625.00 awarded to landlord; Previous Order 4756717 Dated 15/02/2…: $6,663.29 awarded to landlord; Property Damage: $1,397.00 awarded to landlord; Rent Arrears: $785.72 awarded to landlord; Plumber: $141.88 awarded to landlord; Replace Furnishings: Blinds: $750.00 awarded to landlord; Replace furnishings: carpet whole ho…: $4,097.00 awarded to landlord; Kitchen Vinyl: $1,069.00 awarded to landlord

What type of tenancy dispute was case 4836706?

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

Where can I read the official tribunal order for case 4836706?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/10408871-Tribunal_Order_Redacted.pdf.

What was Tenancy Tribunal case 4836706 about?

The tribunal order states: Keisha Maureen Lila Dawn Miles must pay [The landlord/s] $25,837.33

How much money was awarded in case 4836706?

Building Materials: $2,865.00 awarded to landlord; Filing Fee: $20.44 awarded to landlord; Paint: $923.00 awarded to landlord; Painter: $8,625.00 awarded to landlord; Previous Order 4756717 Dated 15/02/2…: $6,663.29 awarded to landlord; Property Damage: $1,397.00 awarded to landlord; Rent Arrears: $785.72 awarded to landlord; Plumber: $141.88 awarded to landlord; Replace Furnishings: Blinds: $750.00 awarded to landlord; Replace furnishings: carpet whole ho…: $4,097.00 awarded to landlord; Kitchen Vinyl: $1,069.00 awarded to landlord

What type of tenancy dispute was case 4836706?

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

Where can I read the official tribunal order for case 4836706?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/10408871-Tribunal_Order_Redacted.pdf.

125 Boundary Road, Claudelands, Hamilton 3214 Tenancy Tribunal Case 4836706 — Property damage

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125 Boundary Road, Claudelands, Hamilton 3214 Tenancy Tribunal Case 4836706 — 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 4836706 — net $25,837.33 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears up to 09/02/2024	$785.72	Rent arrears up to 09/02/2024
Previous order 4756717 dated 15/02/2024	$6,663.29	Previous order 4756717 dated 15/02/2024
Replace furnishings: carpet whole house	$4,097.00	Replace furnishings: carpet whole house
Replace furnishings: vinyl rear entrance	$1,069.00	Replace furnishings: vinyl rear entrance
Window repairs	$1,397.00	Window repairs
Building materials	$2,865.00	Building materials
Paint	$923.00	Paint
Painter	$8,625.00	Painter
Replace furnishings: Blinds	$750.00	Replace furnishings: Blinds
Repairs: Plumber	$141.88	Repairs: Plumber
Filing fee reimbursement	$20.44	Filing fee reimbursement
Net award	$25,837.33
Total payable by Tenant to Landlord	$25,837.33

Claims and awards for application 4836706 — net $25,837.33 NZD. Verify on MoJ.

Rent arrears up to 09/02/2024

Amount: $785.72
Awarded to: Landlord
Reason: Rent arrears up to 09/02/2024

Previous order 4756717 dated 15/02/2024

Amount: $6,663.29
Awarded to: Landlord
Reason: Previous order 4756717 dated 15/02/2024

Replace furnishings: carpet whole house

Amount: $4,097.00
Awarded to: Landlord
Reason: Replace furnishings: carpet whole house

Replace furnishings: vinyl rear entrance

Amount: $1,069.00
Awarded to: Landlord
Reason: Replace furnishings: vinyl rear entrance

Window repairs

Amount: $1,397.00
Awarded to: Landlord
Reason

Claim types — money lines allowed on this order

Filing Fee Property damage Rent arrears

Order

Keisha Maureen Lila Dawn Miles must pay [The landlord/s] $25,837.33 immediately, calculated as shown in table below.
This order incorporates the Tribunal order made on 15 February 2024 under application 4756717.
The Bond Centre is to pay the bond of $1,500.00 ([Bond number suppressed]) to [The landlord/s] immediately.

Reasons

The landlord attended the hearing today. The tenant did not attend. Notice of the date and time of the hearing has been emailed to an email address used by the tenant up until the end of the tenancy. I continued the hearing in her absence.
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 9 February 2024 by previous order of the Tribunal under application 4756717.
The previous order awarded rent of $6,642.85 up to 29 January 2024.
The rent records prove that an additional amount of $785.72 is owed to the end date.
I award this additional amount and incorporate the previous order for enforcement purposes. Rubbish removal
Rubbish and unwanted belongings were left behind both inside the house and around the property. This included household items and food, mattresses and broken furniture, rubbish bags, tyres and the remnants of a spa pool.
The landlord has not claimed compensation for removal of the items or for cleaning of the house.

Is the tenant responsible for the damage to the premises?

A landlord must prove that any 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 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 sections 40(2)(a), 41 and 49B RTA.
Damage is intentional where a person intends to cause damage and takes the necessary steps to achieve that purpose.
I viewed seven short videos taken by the landlord after the tenancy ended. Photographs were also provided. The tenant has signed a property inspection report checklist at the start of the tenancy agreeing that the house was in acceptable condition.
The following damage was caused during the tenancy: a. Spray paint on the carpet in several rooms and other stains throughout. The carpet was missing altogether from one bedroom. b. The vinyl floor in the rear entrance/porch area was damaged with spray paint. c. Extensive damage to walls, doors and the ceiling. There was a large hole cut in the ceiling in the laundry, other holes cut in walls, and parts of walls removed. Some holes in walls had been plastered over but not finished. At least three internal doors had holes kicked or punched in them and several others were removed. There were large screws in some of the walls. d. Five broken windows including a large ranchslider panel that had been boarded up and a panel glued into another windowframe. e. Two kitchen cabinet doors and one drawer front had come off and the pantry was partially dismantled. f. Several curtains were missing or damaged.
The above damage is more than fair wear and tear and happened during the tenancy. The paint damage to the carpet and vinyl and damage to the walls, doors and ceiling are intentional damage. The windows and kitchen cabinet damage are either careless or intentional damage. The tenant has not disproved liability for the damage.
A tenant is liable for intentional damage and liable up to the amount of any insurance excess for careless damage. The landlord said that insurance was declined as the insurer’s assessment is that most of the damage is intentional.
I award compensation for the cost to repair and replace the proven damage based on the receipts and invoices supplied. I have depreciated 1 the award for the carpet and vinyl to recognise that they were 3 years old at the end of the tenancy. I reduce the award for new blinds to recognise deprecation and that not all curtains were damaged or missing. I reduce the award for labour to repaint the interior by 25% as a depreciation allowance.
The landlord said that several light fittings had been pulled out of the ceiling and that the rangehood and clothesline were in pieces. There is no photo or video evidence, and it is unclear whether the electrician’s invoice relates only to repairing damage or also to some new work. The damage to electrical fittings and the clothesline is not proven. 1 The IRD depreciation schedule for tenancy chattels estimates a useful life of 8 years. The replacement cost is therefore reduced by 3/8.
The landlord was unable to provide a receipt or invoice to prove the amount paid for building repairs. I do not award this claim.
The filing fee is awarded, and the bond refunded to the landlord.
The landlord has substantially succeeded with the claims, so his name is suppressed, as applied for.
The balance owing is payable by the tenant.

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 4836706 — net $25,837.33 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears up to 09/02/2024	$785.72	Rent arrears up to 09/02/2024
Previous order 4756717 dated 15/02/2024	$6,663.29	Previous order 4756717 dated 15/02/2024
Replace furnishings: carpet whole house	$4,097.00	Replace furnishings: carpet whole house
Replace furnishings: vinyl rear entrance	$1,069.00	Replace furnishings: vinyl rear entrance
Window repairs	$1,397.00	Window repairs
Building materials	$2,865.00	Building materials
Paint	$923.00	Paint
Painter	$8,625.00	Painter
Replace furnishings: Blinds	$750.00	Replace furnishings: Blinds
Repairs: Plumber	$141.88	Repairs: Plumber
Filing fee reimbursement	$20.44	Filing fee reimbursement
Net award	$25,837.33
Total payable by Tenant to Landlord	$25,837.33

Claims and awards for application 4836706 — net $25,837.33 NZD. Verify on MoJ.

Rent arrears up to 09/02/2024

Amount: $785.72
Awarded to: Landlord
Reason: Rent arrears up to 09/02/2024

Previous order 4756717 dated 15/02/2024

Amount: $6,663.29
Awarded to: Landlord
Reason: Previous order 4756717 dated 15/02/2024

Replace furnishings: carpet whole house

Amount: $4,097.00
Awarded to: Landlord
Reason: Replace furnishings: carpet whole house

Replace furnishings: vinyl rear entrance

Amount: $1,069.00
Awarded to: Landlord
Reason: Replace furnishings: vinyl rear entrance

Window repairs

Amount: $1,397.00
Awarded to: Landlord
Reason

Claim types — money lines allowed on this order

Filing Fee Property damage Rent arrears

Order

Keisha Maureen Lila Dawn Miles must pay [The landlord/s] $25,837.33 immediately, calculated as shown in table below.
This order incorporates the Tribunal order made on 15 February 2024 under application 4756717.
The Bond Centre is to pay the bond of $1,500.00 ([Bond number suppressed]) to [The landlord/s] immediately.

Reasons

The landlord attended the hearing today. The tenant did not attend. Notice of the date and time of the hearing has been emailed to an email address used by the tenant up until the end of the tenancy. I continued the hearing in her absence.
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 9 February 2024 by previous order of the Tribunal under application 4756717.
The previous order awarded rent of $6,642.85 up to 29 January 2024.
The rent records prove that an additional amount of $785.72 is owed to the end date.
I award this additional amount and incorporate the previous order for enforcement purposes. Rubbish removal
Rubbish and unwanted belongings were left behind both inside the house and around the property. This included household items and food, mattresses and broken furniture, rubbish bags, tyres and the remnants of a spa pool.
The landlord has not claimed compensation for removal of the items or for cleaning of the house.

Is the tenant responsible for the damage to the premises?

A landlord must prove that any 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 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 sections 40(2)(a), 41 and 49B RTA.
Damage is intentional where a person intends to cause damage and takes the necessary steps to achieve that purpose.
I viewed seven short videos taken by the landlord after the tenancy ended. Photographs were also provided. The tenant has signed a property inspection report checklist at the start of the tenancy agreeing that the house was in acceptable condition.
The following damage was caused during the tenancy: a. Spray paint on the carpet in several rooms and other stains throughout. The carpet was missing altogether from one bedroom. b. The vinyl floor in the rear entrance/porch area was damaged with spray paint. c. Extensive damage to walls, doors and the ceiling. There was a large hole cut in the ceiling in the laundry, other holes cut in walls, and parts of walls removed. Some holes in walls had been plastered over but not finished. At least three internal doors had holes kicked or punched in them and several others were removed. There were large screws in some of the walls. d. Five broken windows including a large ranchslider panel that had been boarded up and a panel glued into another windowframe. e. Two kitchen cabinet doors and one drawer front had come off and the pantry was partially dismantled. f. Several curtains were missing or damaged.
The above damage is more than fair wear and tear and happened during the tenancy. The paint damage to the carpet and vinyl and damage to the walls, doors and ceiling are intentional damage. The windows and kitchen cabinet damage are either careless or intentional damage. The tenant has not disproved liability for the damage.
A tenant is liable for intentional damage and liable up to the amount of any insurance excess for careless damage. The landlord said that insurance was declined as the insurer’s assessment is that most of the damage is intentional.
I award compensation for the cost to repair and replace the proven damage based on the receipts and invoices supplied. I have depreciated 1 the award for the carpet and vinyl to recognise that they were 3 years old at the end of the tenancy. I reduce the award for new blinds to recognise deprecation and that not all curtains were damaged or missing. I reduce the award for labour to repaint the interior by 25% as a depreciation allowance.
The landlord said that several light fittings had been pulled out of the ceiling and that the rangehood and clothesline were in pieces. There is no photo or video evidence, and it is unclear whether the electrician’s invoice relates only to repairing damage or also to some new work. The damage to electrical fittings and the clothesline is not proven. 1 The IRD depreciation schedule for tenancy chattels estimates a useful life of 8 years. The replacement cost is therefore reduced by 3/8.
The landlord was unable to provide a receipt or invoice to prove the amount paid for building repairs. I do not award this claim.
The filing fee is awarded, and the bond refunded to the landlord.
The landlord has substantially succeeded with the claims, so his name is suppressed, as applied for.
The balance owing is payable by the tenant.

Tenancy Tribunal case 4836706 — Property damage at 125 Boundary Road, Claudelands, Hamilton 3214

At a glance

Tenancy Tribunal case 4836706 — Property damage at 125 Boundary Road, Claudelands, Hamilton 3214

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