Published tribunal order
Tenancy Tribunal case 4839877 — Rent arrears at 18 Rimu Street, New Lynn, Auckland 0600
Decided 21 May 2024 · Published 21 May 2024 · Application 4839877
Landlord favoured
- Rent arrears
- Property damage
Order
- The tenancy of Le Thanh Tam, Le Van Hien, Manh Tuan Tran, Tran Thi Huyen Trang and Tran Dinh Hung at 18 Rimu Street, New Lynn, Auckland 0600 is terminated, and possession is granted to Enfield Property Management Limited immediately.
- The Bond Centre is to pay the bond of $2,800.00 (6090392-004) to Enfield Property Management Limited immediately.
- The tenancy of Le Thanh Tam, Le Van Hien, Manh Tuan Tran, Tran Thi Huyen Trang and Tran Dinh Hung must pay Enfield Property Management Limited $4,827.19 immediately, calculated as shown in the table below: DescriptionLandlord Rent arrears to the end of 20 May 2024$5,600.00 Curtain replacement$402.50 Ceiling and wall repair and repainting$1,403.00 Window repairs$201.25 Filing fee reimbursement$20.44 Total award$7,627.19 Bond$2,800.00 Total amount the tenants must pay the landlord$4,827.19
Reasons
- Carina Hsieh attended the hearing for the landlord.
- The tenants did not attend. The hearing proceeded in the tenants’ absence.
- The landlord has applied for termination of the tenancy, rent arrears, compensation and payment over of the bond. Termination
- Rent was at least 21 days in arrears on the date the application was filed. The tenancy must be terminated under s 55(1)(a) of the Residential Tenancies Act 1986. Rent arrears
- The landlord provided a rent summary which proved the amount owing for rent arrears at the end of the tenancy today is as set out in the table above.
Are the tenants liable 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 tenants 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. 1
- 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 tenants do and anything done by a person they are responsible for. 2
- 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. 3 1 Residential Tenancies Act 1986 (RTA), ss 40(2)(a), 41, and 49B RTA. 2 RTA, s 49B(1). 3 See Guo v Korck [2019] NZHC 1541.
- Early in the tenancy, the property’s walls, ceilings, and curtains were significantly damaged, and a window was broken, possibly for the purposes of a cannabis cultivation operation or other illegal enterprise.
- The tenants or their associates ceased the operation and poorly repaired the wall and ceiling damage. The poor repair work needs remediation.
- The damage is more than fair wear and tear, and the tenants have not disproved liability for the damage.
- The landlord has a quote for repair. I am confident the landlord will follow through with repairs once possession is regained.
- The landlord is not insured for tenant damage.
- The quoted amounts for the repair work for the walls and ceilings and for the broken window are allowed in full. The cost of replacing the curtains is reduced by 50 per cent to account for depreciation and betterment. Filing fee
- The Tribunal orders the tenants to reimburse the landlord for the filing fee because the landlord has substantially succeeded in its claim. Bond
- The bond is to be released to the landlord in part-payment of the debt.