What was Tenancy Tribunal case 4878836 about?

The tribunal order states: Mataara Lakau and Jarryd Murray must pay [The landlord/s] $3,123.96

How much money was awarded in case 4878836?

Property Damage: $590.00 awarded to landlord; Previous Order Application 4878836 D…: $4,202.43 awarded to landlord; Holes in garage walls and toilet, ha…: $1,215.55 awarded to landlord; Trivet Stands For Stove Top: $255.98 awarded to landlord

What type of tenancy dispute was case 4878836?

The primary dispute was Property damage.

Where can I read the official tribunal order for case 4878836?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/10959867-Tribunal_Order_Redacted.pdf.

What was Tenancy Tribunal case 4878836 about?

The tribunal order states: Mataara Lakau and Jarryd Murray must pay [The landlord/s] $3,123.96

How much money was awarded in case 4878836?

Property Damage: $590.00 awarded to landlord; Previous Order Application 4878836 D…: $4,202.43 awarded to landlord; Holes in garage walls and toilet, ha…: $1,215.55 awarded to landlord; Trivet Stands For Stove Top: $255.98 awarded to landlord

What type of tenancy dispute was case 4878836?

The primary dispute was Property damage.

Where can I read the official tribunal order for case 4878836?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/10959867-Tribunal_Order_Redacted.pdf.

48 Te Napi Drive, Takanini, Takanini 2112 Tenancy Tribunal Case 4878836 — Property damage

Claims and awards in Tenancy Tribunal application 4878836 — net $6,263.96 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Previous order application 4878836 dated 26/06/2024	$4,202.43	Previous order application 4878836 dated 26/06/2024
Lock/key replacement: garage door remotes	$590.00	Lock/key replacement: garage door remotes
Trivet stands for stove top	$255.98	Trivet stands for stove top
Repairs: Holes in garage walls and toilet, handles for window and ranch slider	$1,215.55	Repairs: Holes in garage walls and toilet, handles for window and ranch slider
Net award	$6,263.96
Total payable by Tenant to Landlord	$6,263.96

Order

Mataara Lakau and Jarryd Murray must pay [The landlord/s] $3,123.96 immediately, as calculated and shown in table below: DescriptionLandlord Previous order application 4878836 dated 26/06/2024$4,202.43 Lock/key replacement: garage door remotes$590.00 Trivet stands for stove top$255.98 Repairs: Holes in garage walls and toilet, handles for window and ranch slider $1,215.55 Total award$6,263.96 Total payable by Tenant to Landlord$6263.96
The claim for insurance excess for the cost of replacement carpet are dismissed.

Reasons

The landlord attended the hearing, the tenants did not attend.
The landlord has applied for compensation following the end of the tenancy.
This is the second hearing for this application. On 26 June 2024 I ordered rent arrears of $7286.79, water bills of $35.20 and the filing fee. The bond of $3140.00 was refunded to the landlord to offset the debt owed by the tenant to the landlord.
The remaining balance of $4202.43 from my previous order is still outstanding and I incorporate that amount into this order.

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 following damage was caused during the tenancy: -Carpets were heavily stained throughout the house. -Two trivet stands for the cooktop were broken. -2 garage remotes were missing, and keys were lost. -Window latch in broken -Door stoppers missing -Holes in toilet and garage walls -Ranch slider door lock broken.
The landlord has provided photographs of the damage and invoices and quotes for the cost of the repairs. Carpets:
The carpets were 6 – 7 years old at the start of the tenancy. There is no doubt that the carpets were badly stained during the tenancy in the lounge, hallway, and bedroom 1 and 4. The landlord has made an insurance claim but has not paid the excess to get the carpets replaced.
The landlord has provided a quote for the cost of the replacement carpet. I accept that the tenants have damaged the carpet. However, I cannot award the $2000.00 in insurance excess as the landlord has not done the work.
The landlord has not incurred a loss as the work has not been completed. I therefore must dismiss the landlord’s application for $2000.00 in insurance excess. Trivet:
The landlord provided receipts for $255.98 the costs of the replacement of the trivets on the stovetop. I am satisfied that the landlord has proven their claim for the trivet stands. Garage door remotes and front door locks:
The landlord has provided an invoice for $590.00 for the replacement of the front door keys and the garage door remotes that were not returned at the end of the tenancy.
The tenancy agreement states that the tenants were given garage door remote and front door keys.
I am satisfied that the landlord has proven their claim for the remotes and keys replacement. Damage to window latches, ranch slider and walls in toilet and garage:
The landlord has provided an invoice for $1215.55 dated 20 September 2024 from Promax Property Management for the cost of repairs to the property. The landlord has provided photos of the damage to the garage and toilet walls. There are 14 holes and/or dents in the garage walls and a hole in the toilet wall from the missing doorstop. The walls needed to be filled, sanded, and repainted.
There was a broken window latch and ranch slider door, plus a number of missing doorstops that were fixed and replaced.
I am satisfied that the landlord has proven their claim for these repairs.
The damage listed above is more than fair wear and tear, and the tenant has not disproved liability for the damage.
The amounts ordered are proved.
The bond and filing fee have previously been refunded and ordered.
The landlord has applied for suppression of their name and detail and as they have been successful, I am granting suppression.

Claims and awards in Tenancy Tribunal application 4878836 — net $6,263.96 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Previous order application 4878836 dated 26/06/2024	$4,202.43	Previous order application 4878836 dated 26/06/2024
Lock/key replacement: garage door remotes	$590.00	Lock/key replacement: garage door remotes
Trivet stands for stove top	$255.98	Trivet stands for stove top
Repairs: Holes in garage walls and toilet, handles for window and ranch slider	$1,215.55	Repairs: Holes in garage walls and toilet, handles for window and ranch slider
Net award	$6,263.96
Total payable by Tenant to Landlord	$6,263.96

Order

Mataara Lakau and Jarryd Murray must pay [The landlord/s] $3,123.96 immediately, as calculated and shown in table below: DescriptionLandlord Previous order application 4878836 dated 26/06/2024$4,202.43 Lock/key replacement: garage door remotes$590.00 Trivet stands for stove top$255.98 Repairs: Holes in garage walls and toilet, handles for window and ranch slider $1,215.55 Total award$6,263.96 Total payable by Tenant to Landlord$6263.96
The claim for insurance excess for the cost of replacement carpet are dismissed.

Reasons

The landlord attended the hearing, the tenants did not attend.
The landlord has applied for compensation following the end of the tenancy.
This is the second hearing for this application. On 26 June 2024 I ordered rent arrears of $7286.79, water bills of $35.20 and the filing fee. The bond of $3140.00 was refunded to the landlord to offset the debt owed by the tenant to the landlord.
The remaining balance of $4202.43 from my previous order is still outstanding and I incorporate that amount into this order.

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 following damage was caused during the tenancy: -Carpets were heavily stained throughout the house. -Two trivet stands for the cooktop were broken. -2 garage remotes were missing, and keys were lost. -Window latch in broken -Door stoppers missing -Holes in toilet and garage walls -Ranch slider door lock broken.
The landlord has provided photographs of the damage and invoices and quotes for the cost of the repairs. Carpets:
The carpets were 6 – 7 years old at the start of the tenancy. There is no doubt that the carpets were badly stained during the tenancy in the lounge, hallway, and bedroom 1 and 4. The landlord has made an insurance claim but has not paid the excess to get the carpets replaced.
The landlord has provided a quote for the cost of the replacement carpet. I accept that the tenants have damaged the carpet. However, I cannot award the $2000.00 in insurance excess as the landlord has not done the work.
The landlord has not incurred a loss as the work has not been completed. I therefore must dismiss the landlord’s application for $2000.00 in insurance excess. Trivet:
The landlord provided receipts for $255.98 the costs of the replacement of the trivets on the stovetop. I am satisfied that the landlord has proven their claim for the trivet stands. Garage door remotes and front door locks:
The landlord has provided an invoice for $590.00 for the replacement of the front door keys and the garage door remotes that were not returned at the end of the tenancy.
The tenancy agreement states that the tenants were given garage door remote and front door keys.
I am satisfied that the landlord has proven their claim for the remotes and keys replacement. Damage to window latches, ranch slider and walls in toilet and garage:
The landlord has provided an invoice for $1215.55 dated 20 September 2024 from Promax Property Management for the cost of repairs to the property. The landlord has provided photos of the damage to the garage and toilet walls. There are 14 holes and/or dents in the garage walls and a hole in the toilet wall from the missing doorstop. The walls needed to be filled, sanded, and repainted.
There was a broken window latch and ranch slider door, plus a number of missing doorstops that were fixed and replaced.
I am satisfied that the landlord has proven their claim for these repairs.
The damage listed above is more than fair wear and tear, and the tenant has not disproved liability for the damage.
The amounts ordered are proved.
The bond and filing fee have previously been refunded and ordered.
The landlord has applied for suppression of their name and detail and as they have been successful, I am granting suppression.

Tenancy Tribunal case 4878836 — Property damage at 48 Te Napi Drive, Takanini, Takanini 2112

At a glance

Tenancy Tribunal case 4878836 — Property damage at 48 Te Napi Drive, Takanini, Takanini 2112

At a glance

Award balance

Claims & awards

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

Order

Reasons

Is the tenant responsible for the damage to the premises?

Topics & place

Residential Tenancies Act sections

Key findings

Frequently asked questions