What was Tenancy Tribunal case 4852861 about?

The tribunal order states: An application for suppression has been made in this case and the Tribunal

How much money was awarded in case 4852861?

Filing Fee: $20.44 awarded to landlord; Property Damage: $3,500.00 awarded to landlord; Rubbish Removal: $1,015.27 awarded to landlord

What type of tenancy dispute was case 4852861?

The primary dispute was Property damage.

Where can I read the official tribunal order for case 4852861?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/10599931-Tribunal_Order_Redacted.pdf.

What was Tenancy Tribunal case 4852861 about?

The tribunal order states: An application for suppression has been made in this case and the Tribunal

How much money was awarded in case 4852861?

Filing Fee: $20.44 awarded to landlord; Property Damage: $3,500.00 awarded to landlord; Rubbish Removal: $1,015.27 awarded to landlord

What type of tenancy dispute was case 4852861?

The primary dispute was Property damage.

Where can I read the official tribunal order for case 4852861?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/10599931-Tribunal_Order_Redacted.pdf.

41 Johnston Street, Foxton, Foxton 4814 Tenancy Tribunal Case 4852861 — Property damage

Claims and awards in Tenancy Tribunal application 4852861 — net $2,895.71 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Repairs: insurance excesses	$3,500.00	Repairs: insurance excesses
Rubbish removal	$1,015.27	Rubbish removal
Filing fee reimbursement	$20.44	Filing fee reimbursement
Net award	$2,895.71
Total payable by Tenant to Landlord	$2,895.71

Order

An application for suppression has been made in this case and the Tribunal orders suppression of the landlord’s name and identifying details.
Pertrice McLay must pay [The landlord/s] $2,895.71 immediately, calculated as shown in the table below.
The Bond Centre is to pay the bond of $1,640.00 ([Bond number suppressed]) to [The landlord/s] immediately. DescriptionLandlord Repairs: insurance excesses$3,500.00 Rubbish removal$1,015.27 Filing fee reimbursement$20.44 Total award$4,535.71 Bond$1,640.00 Total payable by Tenant to Landlord$2,895.71

Reasons

The landlord attended the hearing.
The tenant did not attend the hearing.
The landlord made application to the Tribunal on 4 April 2024 which was more than two months after the end of the tenancy. This means that the application and other documents required to be served on the tenant must be posted to an address that the tenant has given to the landlord in writing within the last two months, or served in person on the tenant, or delivered to the tenant's place of residence, or given to an authorised agent of the tenant. See section 91A(2) Residential Tenancies Act 1986 (“RTA”).
The landlord has advised that the tenant was living at an address with her parents. Notice of the hearing was posted to that address and the tenant was texted regarding the hearing and the landlord’s application. The landlord confirmed that the tenant knew of its application as the tenant had communicated with the mediation service when she declined mediation.
I am satisfied that in these circumstances all reasonable efforts have been made to serve the application and corresponding documentation on the tenant. In accordance with section 91B(2) RTA, I direct that the requirement for service is dispensed with and that the landlord’s application is to proceed as if it had been served on the tenant.
The landlord has applied for compensation, refund of the bond, and reimbursement of the filing fee following the end of the tenancy.

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 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 provided photographic and insurance evidence that the following damage was caused during the tenancy: a. There was damage in seven rooms: the kitchen/dining room, the bathroom, the hallway, the living room and all three bedrooms. b. The damage involved multiple holes in the walls, damage to doors and door frames, broken windows, and damaged floor coverings. c. The bathroom vanity was broken beyond repair. d. Doors were missing from cupboards in the hallway.
The damage is more than fair wear and tear and the tenant has not disproved liability for the damage. Because of its scope and nature, the landlord has proven that the damage was intentional.
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. As the landlord is claiming only the amounts of the seven excesses charged by its insurer – which is the minimum payable by the tenant if the damage was caused carelessly – I am satisfied that no amount should be deducted from the amount awarded.
The claim for the excess for the missing hot water cylinder is dismissed as the evidence indicates that this went missing after the end of the tenancy and after the exit inspection undertaken the day after the end of the tenancy. The loss did not therefore occur during the tenancy.
Because [The applicant/s] has wholly succeeded with the claim I must reimburse the filing fee.

Claims and awards in Tenancy Tribunal application 4852861 — net $2,895.71 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Repairs: insurance excesses	$3,500.00	Repairs: insurance excesses
Rubbish removal	$1,015.27	Rubbish removal
Filing fee reimbursement	$20.44	Filing fee reimbursement
Net award	$2,895.71
Total payable by Tenant to Landlord	$2,895.71

Order

An application for suppression has been made in this case and the Tribunal orders suppression of the landlord’s name and identifying details.
Pertrice McLay must pay [The landlord/s] $2,895.71 immediately, calculated as shown in the table below.
The Bond Centre is to pay the bond of $1,640.00 ([Bond number suppressed]) to [The landlord/s] immediately. DescriptionLandlord Repairs: insurance excesses$3,500.00 Rubbish removal$1,015.27 Filing fee reimbursement$20.44 Total award$4,535.71 Bond$1,640.00 Total payable by Tenant to Landlord$2,895.71

Reasons

The landlord attended the hearing.
The tenant did not attend the hearing.
The landlord made application to the Tribunal on 4 April 2024 which was more than two months after the end of the tenancy. This means that the application and other documents required to be served on the tenant must be posted to an address that the tenant has given to the landlord in writing within the last two months, or served in person on the tenant, or delivered to the tenant's place of residence, or given to an authorised agent of the tenant. See section 91A(2) Residential Tenancies Act 1986 (“RTA”).
The landlord has advised that the tenant was living at an address with her parents. Notice of the hearing was posted to that address and the tenant was texted regarding the hearing and the landlord’s application. The landlord confirmed that the tenant knew of its application as the tenant had communicated with the mediation service when she declined mediation.
I am satisfied that in these circumstances all reasonable efforts have been made to serve the application and corresponding documentation on the tenant. In accordance with section 91B(2) RTA, I direct that the requirement for service is dispensed with and that the landlord’s application is to proceed as if it had been served on the tenant.
The landlord has applied for compensation, refund of the bond, and reimbursement of the filing fee following the end of the tenancy.

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 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 provided photographic and insurance evidence that the following damage was caused during the tenancy: a. There was damage in seven rooms: the kitchen/dining room, the bathroom, the hallway, the living room and all three bedrooms. b. The damage involved multiple holes in the walls, damage to doors and door frames, broken windows, and damaged floor coverings. c. The bathroom vanity was broken beyond repair. d. Doors were missing from cupboards in the hallway.
The damage is more than fair wear and tear and the tenant has not disproved liability for the damage. Because of its scope and nature, the landlord has proven that the damage was intentional.
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. As the landlord is claiming only the amounts of the seven excesses charged by its insurer – which is the minimum payable by the tenant if the damage was caused carelessly – I am satisfied that no amount should be deducted from the amount awarded.
The claim for the excess for the missing hot water cylinder is dismissed as the evidence indicates that this went missing after the end of the tenancy and after the exit inspection undertaken the day after the end of the tenancy. The loss did not therefore occur during the tenancy.
Because [The applicant/s] has wholly succeeded with the claim I must reimburse the filing fee.

Tenancy Tribunal case 4852861 — Property damage at 41 Johnston Street, Foxton, Foxton 4814

At a glance

Tenancy Tribunal case 4852861 — Property damage at 41 Johnston Street, Foxton, Foxton 4814

At a glance

Award balance

Claims & awards

Dismissed claims

Order

Reasons

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

Dismissed claims

Order

Reasons

Is the tenant responsible for the damage to the premises?

Topics & place

Residential Tenancies Act sections

Key findings

Frequently asked questions