What was the outcome of Tenancy Tribunal case 4878828?

The tribunal order states: Taya Brooker and Jahvan Bowler must pay Property Brokers Manawatu Limited

How much money was awarded in case 4878828?

Filing Fee: $20.44 awarded to landlord; Property Damage: $5,068.86 awarded to landlord; Rent Arrears: $1,085.71 awarded to landlord; Electrical: $268.00 awarded to landlord; Replace Furnishings: $105.37 awarded to landlord; Rubbish Removal: $246.53 awarded to landlord

What type of tenancy dispute was case 4878828?

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

Where can I read the official tribunal order for case 4878828?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/10568874-Tenancy_Tribunal_Order.pdf.

What was the outcome of Tenancy Tribunal case 4878828?

The tribunal order states: Taya Brooker and Jahvan Bowler must pay Property Brokers Manawatu Limited

How much money was awarded in case 4878828?

Filing Fee: $20.44 awarded to landlord; Property Damage: $5,068.86 awarded to landlord; Rent Arrears: $1,085.71 awarded to landlord; Electrical: $268.00 awarded to landlord; Replace Furnishings: $105.37 awarded to landlord; Rubbish Removal: $246.53 awarded to landlord

What type of tenancy dispute was case 4878828?

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

Where can I read the official tribunal order for case 4878828?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/10568874-Tenancy_Tribunal_Order.pdf.

Unit/Flat 1, 488 Church Street, Palmerston North, Tenancy Tribunal Case 4878828 — Property damage

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Unit/Flat 1, 488 Church Street, Palmerston North, Tenancy Tribunal Case 4878828 — 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 4878828 — net $5,194.91 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears	$1,085.71	Rent arrears
Repairs	$5,068.86	Repairs
Repairs: electrical	$268.00	Repairs: electrical
Rubbish removal	$246.53	Rubbish removal
Replace furnishings	$105.37	Replace furnishings
Filing fee reimbursement	$20.44	Filing fee reimbursement
Net award	$5,194.91
Total payable by Tenant to Landlord	$5,194.91

Claims and awards for application 4878828 — net $5,194.91 NZD. Verify on MoJ.

Rent arrears

Amount: $1,085.71
Awarded to: Landlord
Reason: Rent arrears

Repairs

Amount: $5,068.86
Awarded to: Landlord
Reason: Repairs

Repairs: electrical

Amount: $268.00
Awarded to: Landlord
Reason: Repairs: electrical

Rubbish removal

Amount: $246.53
Awarded to: Landlord
Reason: Rubbish removal

Replace furnishings

Amount: $105.37
Awarded to: Landlord
Reason: Replace furnishings

Filing fee reimbursement

Claim types — money lines allowed on this order

Filing Fee Property damage Rent arrears Rubbish Removal

Order

Taya Brooker and Jahvan Bowler must pay Property Brokers Manawatu Limited Acting On Behalf Of J.P & Dg Crowther Family Trust $5,194.91 immediately, calculated as shown in table below.
The Bond Centre is to pay the bond of $1,600.00 (3538096-022) to Property Brokers Manawatu Limited Acting On Behalf Of J.P & Dg Crowther Family Trust immediately. DescriptionLandlord Rent arrears$1,085.71 Repairs$5,068.86 Repairs: electrical$268.00 Rubbish removal$246.53 Replace furnishings$105.37 Filing fee reimbursement$20.44 Total award$6,794.91 Bond$1,600.00 Total payable by Tenant to Landlord$5,194.91

Reasons

The landlord attended the hearing.
The tenant did not attend the hearing.
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 15 April 2024. The landlord provided rent records 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 and leave all chattels provided for their benefit. See section 40(1)(e)(ii)-(v) Residential Tenancies Act 1986.
The landlord provided photographic evidence that the tenant did not leave the premises reasonably clean and tidy, and did not remove all rubbish. However, the landlord has only claimed compensation for the removal of rubbish and chattels left behind by the tenant.
The air conditioning unit’s remote was missing at the end of the tenancy.
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 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 following damage was caused during the tenancy: a. There were numerous holes in the walls. b. A number of doors and door frames were broken by violence. c. The outside gate was broken. d. The doors to kitchen cabinets had been removed. e. Bench seats had been smashed. f. A number of light switches and power points were broken. g. The phone jack and internet box were broken. h. The glass in the front door was broken. i. Latches on windows in the lounge, kitchen and bathroom were broken. j. The window in the kitchen was damaged so that it needed refitting. k. A wardrobe was smashed. l. A boundary fence was damaged.
The damage is more than fair wear and tear, and the tenant has not disproved liability for the damage.
Because of the scale, scope and nature of the damage, it was intentional damage.
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. It is difficult in this situation because it is not clear that the landlord will be in a better position once the repairs have been completed.
The landlord has made no claims for cleaning, painting or lock replacement. Having considered the substantial merits and justice of this case, it is appropriate that the landlord be reimbursed in full for the amounts claimed for the intentional damage.
The amounts ordered are proved.
Because Property Brokers Manawatu Limited Acting On Behalf Of J.P & Dg Crowther Family Trust has wholly succeeded with the claim I must reimburse the filing fee.

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 4878828 — net $5,194.91 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears	$1,085.71	Rent arrears
Repairs	$5,068.86	Repairs
Repairs: electrical	$268.00	Repairs: electrical
Rubbish removal	$246.53	Rubbish removal
Replace furnishings	$105.37	Replace furnishings
Filing fee reimbursement	$20.44	Filing fee reimbursement
Net award	$5,194.91
Total payable by Tenant to Landlord	$5,194.91

Claims and awards for application 4878828 — net $5,194.91 NZD. Verify on MoJ.

Rent arrears

Amount: $1,085.71
Awarded to: Landlord
Reason: Rent arrears

Repairs

Amount: $5,068.86
Awarded to: Landlord
Reason: Repairs

Repairs: electrical

Amount: $268.00
Awarded to: Landlord
Reason: Repairs: electrical

Rubbish removal

Amount: $246.53
Awarded to: Landlord
Reason: Rubbish removal

Replace furnishings

Amount: $105.37
Awarded to: Landlord
Reason: Replace furnishings

Filing fee reimbursement

Claim types — money lines allowed on this order

Filing Fee Property damage Rent arrears Rubbish Removal

Order

Taya Brooker and Jahvan Bowler must pay Property Brokers Manawatu Limited Acting On Behalf Of J.P & Dg Crowther Family Trust $5,194.91 immediately, calculated as shown in table below.
The Bond Centre is to pay the bond of $1,600.00 (3538096-022) to Property Brokers Manawatu Limited Acting On Behalf Of J.P & Dg Crowther Family Trust immediately. DescriptionLandlord Rent arrears$1,085.71 Repairs$5,068.86 Repairs: electrical$268.00 Rubbish removal$246.53 Replace furnishings$105.37 Filing fee reimbursement$20.44 Total award$6,794.91 Bond$1,600.00 Total payable by Tenant to Landlord$5,194.91

Reasons

The landlord attended the hearing.
The tenant did not attend the hearing.
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 15 April 2024. The landlord provided rent records 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 and leave all chattels provided for their benefit. See section 40(1)(e)(ii)-(v) Residential Tenancies Act 1986.
The landlord provided photographic evidence that the tenant did not leave the premises reasonably clean and tidy, and did not remove all rubbish. However, the landlord has only claimed compensation for the removal of rubbish and chattels left behind by the tenant.
The air conditioning unit’s remote was missing at the end of the tenancy.
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 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 following damage was caused during the tenancy: a. There were numerous holes in the walls. b. A number of doors and door frames were broken by violence. c. The outside gate was broken. d. The doors to kitchen cabinets had been removed. e. Bench seats had been smashed. f. A number of light switches and power points were broken. g. The phone jack and internet box were broken. h. The glass in the front door was broken. i. Latches on windows in the lounge, kitchen and bathroom were broken. j. The window in the kitchen was damaged so that it needed refitting. k. A wardrobe was smashed. l. A boundary fence was damaged.
The damage is more than fair wear and tear, and the tenant has not disproved liability for the damage.
Because of the scale, scope and nature of the damage, it was intentional damage.
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. It is difficult in this situation because it is not clear that the landlord will be in a better position once the repairs have been completed.
The landlord has made no claims for cleaning, painting or lock replacement. Having considered the substantial merits and justice of this case, it is appropriate that the landlord be reimbursed in full for the amounts claimed for the intentional damage.
The amounts ordered are proved.
Because Property Brokers Manawatu Limited Acting On Behalf Of J.P & Dg Crowther Family Trust has wholly succeeded with the claim I must reimburse the filing fee.

Tenancy Tribunal case 4878828 — Property damage at Unit/Flat 1, 488 Church Street, Palmerston North,

At a glance

Tenancy Tribunal case 4878828 — Property damage at Unit/Flat 1, 488 Church Street, Palmerston North,

At a glance

Award balance

Claims & awards

Order

Reasons

How much is owed for rent?

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

Property management

Frequently asked questions

Award balance

Claims & awards

Order

Reasons

How much is owed for rent?

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

Property management

Frequently asked questions