What was Tenancy Tribunal case 4846540 about?

The tribunal order states: [The tenant/s] must pay Mid North Real Estate Limited (as agents for

How much money was awarded in case 4846540?

Cleaning: $350.00 awarded to landlord; Filing Fee: $20.44 awarded to landlord; Lightbulbs: $200.00 awarded to landlord; Property Damage: $200.69 awarded to landlord; Rent Arrears: $2,750.00 awarded to landlord; Property Damage: $1,353.46 awarded to landlord; Water Rates: $266.56 awarded to landlord

What type of tenancy dispute was case 4846540?

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

Where can I read the official tribunal order for case 4846540?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/10712113-Tribunal_Order.pdf.

What was Tenancy Tribunal case 4846540 about?

The tribunal order states: [The tenant/s] must pay Mid North Real Estate Limited (as agents for

How much money was awarded in case 4846540?

Cleaning: $350.00 awarded to landlord; Filing Fee: $20.44 awarded to landlord; Lightbulbs: $200.00 awarded to landlord; Property Damage: $200.69 awarded to landlord; Rent Arrears: $2,750.00 awarded to landlord; Property Damage: $1,353.46 awarded to landlord; Water Rates: $266.56 awarded to landlord

What type of tenancy dispute was case 4846540?

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

Where can I read the official tribunal order for case 4846540?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/10712113-Tribunal_Order.pdf.

10 Peacock Garden Drive, Kerikeri 0230 Tenancy Tribunal Case 4846540 — Rent arrears

Reasons

Claims and awards in Tenancy Tribunal application 4846540 — net $2,741.15 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Tenant	Reason
Rent arrears to 1 February 2024	$2,750.00		4. The landlord’s rent record establishes rent arrears of $2,750.00 to the end of the tenancy.
Repairs: Replace damaged shower lining	$1,353.46		Repairs: Replace damaged shower lining
Lock replacement	$200.69		Lock replacement
Water rates	$266.56		Water rates
Cleaning	$350.00		6. Ms van Engelen provided photographs showing the condition of the premises at the end of the tenancy.
Replace missing lightbulbs	$200.00		8. All of the lightbulbs were missing at the end of the tenancy.
Filing fee reimbursement	$20.44		Filing fee reimbursement
Bond released to landlord		$2,400.00	Bond released to landlord
Total award	$5,141.15	$2,400.00
Net award	$2,741.15
Total payable by Tenant to Landlord	$2,741.15

The tenancy ended on 1 February 2024.

The landlord’s application sought rent arrears, water rates, cleaning, change of locks, and replacement of the shower lining.

The hearing took place in Kaikohe on 15 August 2024. Ms van Engelen represented the landlord at the hearing. There was no appearance by the tenant.

The landlord’s rent record establishes rent arrears of $2,750.00 to the end of the tenancy.

Water rates are owed for the period from 29 August 2023 to the end of the tenancy.

Ms van Engelen provided photographs showing the condition of the premises at the end of the tenancy. Some cleaning was necessary to bring the premises to a reasonably clean and tidy standard. The amount claimed for cleaning is proven and is fair and reasonable having regard to the landlord’s photographs.

The tenant lost the key at the end of the tenancy. The cost of change of locks is proven.

All of the lightbulbs were missing at the end of the tenancy. Ms van Engelen said that she noted this at the final inspection but did not include it in her application because she assumed that the cost of replacing the bulbs would be minimal. In fact, the cost was $200.00 (replacement of 25 bulbs). Tenants are not liable for lightbulbs that wear out through normal use, but they are liable for the lightbulbs that they damage or remove. The claim is proven.

The shower lining has a large crack in it. It is a shower over bath. The tenant applied tape over the crack. Ms van Engelen said that the damage was caused by the tenant’s 10-year old son. It seems that the damage did not result from a slip, but due to the child playing exuberantly / roughly with friends in that part of the property.

Tenants are liable for damage beyond fair wear and tear that occurs during the tenancy. If the landlord has insurance, the tenant’s liability for careless damage is limited to the amount of the insurance excess. This limitation does not apply to intentional damage.

In this instance the cost of repairs was $1,353.46. Ms van Engelen said that the landlord’s insurance excess is $900.00.

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 1 . 1 Guo v Korck [2019] NZHC 1541

I accept that it is unlikely that the tenant’s son intended to damage the shower and took steps to achieve that purpose. However, children playing roughly in the house is a situation that is likely to cause damage, and Ms Brady-Cook is responsible for all of the persons in her home in particular her children.

On that basis I am satisfied that the damage was intentional and the tenant is liable for the full amount of the proven repair cost.

The landlord has been successful in this application and I must also award the landlord the filing fee of $20.44.

The bond has been released to the landlord.

Claims and awards in Tenancy Tribunal application 4846540 — net $2,741.15 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Tenant	Reason
Rent arrears to 1 February 2024	$2,750.00		4. The landlord’s rent record establishes rent arrears of $2,750.00 to the end of the tenancy.
Repairs: Replace damaged shower lining	$1,353.46		Repairs: Replace damaged shower lining
Lock replacement	$200.69		Lock replacement
Water rates	$266.56		Water rates
Cleaning	$350.00		6. Ms van Engelen provided photographs showing the condition of the premises at the end of the tenancy.
Replace missing lightbulbs	$200.00		8. All of the lightbulbs were missing at the end of the tenancy.
Filing fee reimbursement	$20.44		Filing fee reimbursement
Bond released to landlord		$2,400.00	Bond released to landlord
Total award	$5,141.15	$2,400.00
Net award	$2,741.15
Total payable by Tenant to Landlord	$2,741.15

Order

[The tenant/s] must pay Mid North Real Estate Limited (as agents for Picture Perfect Properties Ltd) $2,741.15 immediately, calculated as shown in table below.

Reasons

The tenancy ended on 1 February 2024.
The landlord’s application sought rent arrears, water rates, cleaning, change of locks, and replacement of the shower lining.
The hearing took place in Kaikohe on 15 August 2024. Ms van Engelen represented the landlord at the hearing. There was no appearance by the tenant.
The landlord’s rent record establishes rent arrears of $2,750.00 to the end of the tenancy.
Water rates are owed for the period from 29 August 2023 to the end of the tenancy.
Ms van Engelen provided photographs showing the condition of the premises at the end of the tenancy. Some cleaning was necessary to bring the premises to a reasonably clean and tidy standard. The amount claimed for cleaning is proven and is fair and reasonable having regard to the landlord’s photographs.
The tenant lost the key at the end of the tenancy. The cost of change of locks is proven.
All of the lightbulbs were missing at the end of the tenancy. Ms van Engelen said that she noted this at the final inspection but did not include it in her application because she assumed that the cost of replacing the bulbs would be minimal. In fact, the cost was $200.00 (replacement of 25 bulbs). Tenants are not liable for lightbulbs that wear out through normal use, but they are liable for the lightbulbs that they damage or remove. The claim is proven.
The shower lining has a large crack in it. It is a shower over bath. The tenant applied tape over the crack. Ms van Engelen said that the damage was caused by the tenant’s 10-year old son. It seems that the damage did not result from a slip, but due to the child playing exuberantly / roughly with friends in that part of the property.
Tenants are liable for damage beyond fair wear and tear that occurs during the tenancy. If the landlord has insurance, the tenant’s liability for careless damage is limited to the amount of the insurance excess. This limitation does not apply to intentional damage.
In this instance the cost of repairs was $1,353.46. Ms van Engelen said that the landlord’s insurance excess is $900.00.
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 1 . 1 Guo v Korck [2019] NZHC 1541
I accept that it is unlikely that the tenant’s son intended to damage the shower and took steps to achieve that purpose. However, children playing roughly in the house is a situation that is likely to cause damage, and Ms Brady-Cook is responsible for all of the persons in her home in particular her children.
On that basis I am satisfied that the damage was intentional and the tenant is liable for the full amount of the proven repair cost.
The landlord has been successful in this application and I must also award the landlord the filing fee of $20.44.
The bond has been released to the landlord.

Tenancy Tribunal case 4846540 — Rent arrears at 10 Peacock Garden Drive, Kerikeri 0230

At a glance

Tenancy Tribunal case 4846540 — Rent arrears at 10 Peacock Garden Drive, Kerikeri 0230

At a glance

Award balance

Claims & awards

Order

Reasons

Topics & place

Residential Tenancies Act sections

Key findings

Property management

Frequently asked questions

Award balance

Claims & awards

Order

Reasons

Topics & place

Residential Tenancies Act sections

Key findings

Property management

Frequently asked questions