What was Tenancy Tribunal case 4840021 about?

The tribunal order states: Felicity Moihi and Brandon Lee Pora must pay [The landlord] $4,857.32

How much money was awarded in case 4840021?

Filing Fee: $20.44 awarded to landlord; Property Damage: $4,150.93 awarded to landlord; Rent Arrears: $2,456.53 awarded to landlord; Water Rates: $23.62 awarded to landlord; Property Damage: $565.80 awarded to landlord

What type of tenancy dispute was case 4840021?

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

Where can I read the official tribunal order for case 4840021?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/10874400-Tribunal_Order_Redacted.pdf.

What was Tenancy Tribunal case 4840021 about?

The tribunal order states: Felicity Moihi and Brandon Lee Pora must pay [The landlord] $4,857.32

How much money was awarded in case 4840021?

Filing Fee: $20.44 awarded to landlord; Property Damage: $4,150.93 awarded to landlord; Rent Arrears: $2,456.53 awarded to landlord; Water Rates: $23.62 awarded to landlord; Property Damage: $565.80 awarded to landlord

What type of tenancy dispute was case 4840021?

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

Where can I read the official tribunal order for case 4840021?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/10874400-Tribunal_Order_Redacted.pdf.

New Zealand Tenancy Tribunal Case 4840021 — Property damage

Tenantcheck Insights

Reasons

Claims and awards in Tenancy Tribunal application 4840021 — net $4,857.32 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears (to 10/03/24	$2,456.53	Rent arrears (to 10/03/24
Water rates: 1 February 2024 to 11 March 2024	$23.62	Water rates: 1 February 2024 to 11 March 2024
General repairs as per invoice	$4,150.93	General repairs as per invoice
Window repairs: x 4	$565.80	Window repairs: x 4
Filing fee reimbursement	$20.44	Filing fee reimbursement
Net award	$4,857.32
Total payable by Tenant to Landlord	$4,857.32

The landlord attended the hearing. The tenant did not.

I am satisfied that the tenant had received proper notice of the hearing time, date and place and chose not to attend.

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 and water rates?

The tenancy ended on 22 March 2024, when a new tenant took over the lease. The landlord provided rent records and water rates invoices which prove the amount owing at the end of the tenancy.

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 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 landlord had to rubbish removal costs for three 9m³ skip bins and labour.

The lawns were not mown and needed to be cut.

The tenants did not return the keys, but the owner changed the locks at his own expense.

The tenant did not replace two light bulbs and the heat lamp in the bathroom that were missing.

The following chattels were missing at the end of the tenancy: a. Heat pump remote; and b. Dining room smoke alarm.

The amounts ordered are proved.

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 entry and exit inspection reports and photographs prove the following damage was caused during the tenancy: a. Patch holes on walls and cabinets and painting (entrance way, lounge and kitchen); b. Replace 2 doors (lounge and bedroom) and painting; c. Replace a bathroom cabinet door and drawer panel; d. Replace the mailbox that was taken; e. Repair the rear door frame; f. Replace shower curtain that was missing; g. Replace 3 bedroom curtains and curtain tracks that were damaged; h. Reglaze four broken windows; and i. Replace the vinyl floor in the separate toilet that was burnt.

I am satisfied that this damage was done to the premise by the tenants intentional or careless acts or omissions and that the damage is more than fair wear and tear. The tenants have not disproved liability for the damage.

The amounts ordered are proved.

I have considered 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 considered the age and condition of the items at the start of the tenancy and their likely useful lifespan. Reimbursement of filing fee

Because [the applicant] has wholly succeeded with the claim I must reimburse the filing fee. Name suppression

The landlord applies for non-publication of its name and identifying details.

The Tribunal must, on the application of a party that has wholly or substantially succeeded in proceedings, order that the party’s name or identifying particulars not be published, unless the Tribunal considers that publication is in the public interest or is justified because of the party’s conduct or any other circumstances of the case.

The landlord has substantially succeeded in its proceedings. I do not consider publication is in the public interest or justified because of the landlord’s conduct or any other circumstances of the case.

Non-publication is ordered.

Reasons

Claims and awards in Tenancy Tribunal application 4840021 — net $4,857.32 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears (to 10/03/24	$2,456.53	Rent arrears (to 10/03/24
Water rates: 1 February 2024 to 11 March 2024	$23.62	Water rates: 1 February 2024 to 11 March 2024
General repairs as per invoice	$4,150.93	General repairs as per invoice
Window repairs: x 4	$565.80	Window repairs: x 4
Filing fee reimbursement	$20.44	Filing fee reimbursement
Net award	$4,857.32
Total payable by Tenant to Landlord	$4,857.32

The landlord attended the hearing. The tenant did not.

I am satisfied that the tenant had received proper notice of the hearing time, date and place and chose not to attend.

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 and water rates?

The tenancy ended on 22 March 2024, when a new tenant took over the lease. The landlord provided rent records and water rates invoices which prove the amount owing at the end of the tenancy.

Did the tenant comply with their obligations at the end of the tenancy?

The tenant did not leave the premises reasonably clean and tidy and did not remove all rubbish. The landlord had to rubbish removal costs for three 9m³ skip bins and labour.

The lawns were not mown and needed to be cut.

The tenants did not return the keys, but the owner changed the locks at his own expense.

The tenant did not replace two light bulbs and the heat lamp in the bathroom that were missing.

The following chattels were missing at the end of the tenancy: a. Heat pump remote; and b. Dining room smoke alarm.

The amounts ordered are proved.

Is the tenant responsible for the damage to the premises?

The amounts ordered are proved.

Because [the applicant] has wholly succeeded with the claim I must reimburse the filing fee. Name suppression

The landlord applies for non-publication of its name and identifying details.

Non-publication is ordered.

Tenancy Tribunal case 4840021 — Property damage

At a glance

Tenancy Tribunal case 4840021 — Property damage

At a glance

Award balance

Claims & awards

Order

Reasons

How much is owed for rent and water rates?

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 and water rates?

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