What was the outcome of Tenancy Tribunal case 4882789?

The tribunal order states: Shannon Stone and Kyla Cox must pay Oaks Property Management Limited -

How much money was awarded in case 4882789?

Carpet: $300.00 awarded to landlord; Filing Fee: $20.44 awarded to landlord; Doors And Windows: $500.00 awarded to landlord; Plastering And Painting: $487.06 awarded to landlord

What type of tenancy dispute was case 4882789?

The primary dispute was Property damage.

Where can I read the official tribunal order for case 4882789?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/11218849-Tribunal_Order.pdf.

What was the outcome of Tenancy Tribunal case 4882789?

The tribunal order states: Shannon Stone and Kyla Cox must pay Oaks Property Management Limited -

How much money was awarded in case 4882789?

Carpet: $300.00 awarded to landlord; Filing Fee: $20.44 awarded to landlord; Doors And Windows: $500.00 awarded to landlord; Plastering And Painting: $487.06 awarded to landlord

What type of tenancy dispute was case 4882789?

The primary dispute was Property damage.

Where can I read the official tribunal order for case 4882789?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/11218849-Tribunal_Order.pdf.

281 Porchester Road, Takanini, Takanini 2112 Tenancy Tribunal Case 4882789 — Property damage

Reasons

Claims and awards in Tenancy Tribunal application 4882789 — net $1,307.50 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Carpet	$300.00	Carpet
Repairs: Doors and Windows	$500.00	Repairs: Doors and Windows
Repairs: plastering and painting	$487.06	Repairs: plastering and painting
Filing fee reimbursement	$20.44	Filing fee reimbursement
Net award	$1,307.50
Total payable by Tenant to Landlord	$1,307.50

The landlord attended today’s hearing. The tenants were called on the phone numbers provided but none of the calls were answered.

The tenancy ended by eviction. On the 16 September 2024 I made orders for rent arrears and water rates owing , but adjourned the landlord claims for lock, carpet replacement and repair costs as the tenants had not been notified before the hearing that the landlord would be seeking those costs.

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 premises were left damages, dirty and in a state of disrepair.

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: • Extensively stained carpet. • Broken window and front door. • Broken doors throughout the tenancy. Doors taken off the hinges. • Stab marks in the walls- made by a screwdriver which was found imbedded in one of the walls. • Graffiti and holes in the walls.

The damage is more than fair wear and tear, and the tenant has not disproved liability for the damage.

The amounts ordered are proved.

I have taken into account 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 taken into account the age and condition of the items at the start of the tenancy and their likely useful lifespan.

The carpet is old and was stained before the tenancy began, however I consider that the tenant’s damage to the carpet accelerated the replacement of the carpet and I also consider that the tenant should be liable for the removal or the carpet and disposal costs.

The invoice for the repair work included items that were the owners maintenance costs.

As the landlord has been successful in its claims, I award the landlord the filing fee.

Claims and awards in Tenancy Tribunal application 4882789 — net $1,307.50 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Carpet	$300.00	Carpet
Repairs: Doors and Windows	$500.00	Repairs: Doors and Windows
Repairs: plastering and painting	$487.06	Repairs: plastering and painting
Filing fee reimbursement	$20.44	Filing fee reimbursement
Net award	$1,307.50
Total payable by Tenant to Landlord	$1,307.50

Order

Shannon Stone and Kyla Cox must pay Oaks Property Management Limited - As Agent Shish P.S Rawat & Neelam Sajwan $1,307.50 immediately, calculated as shown in table below.

Reasons

The landlord attended today’s hearing. The tenants were called on the phone numbers provided but none of the calls were answered.
The tenancy ended by eviction. On the 16 September 2024 I made orders for rent arrears and water rates owing , but adjourned the landlord claims for lock, carpet replacement and repair costs as the tenants had not been notified before the hearing that the landlord would be seeking those costs.

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 premises were left damages, dirty and in a state of disrepair.

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: • Extensively stained carpet. • Broken window and front door. • Broken doors throughout the tenancy. Doors taken off the hinges. • Stab marks in the walls- made by a screwdriver which was found imbedded in one of the walls. • Graffiti and holes in the walls.
The damage is more than fair wear and tear, and the tenant has not disproved liability for the damage.
The amounts ordered are proved.
I have taken into account 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 taken into account the age and condition of the items at the start of the tenancy and their likely useful lifespan.
The carpet is old and was stained before the tenancy began, however I consider that the tenant’s damage to the carpet accelerated the replacement of the carpet and I also consider that the tenant should be liable for the removal or the carpet and disposal costs.
The invoice for the repair work included items that were the owners maintenance costs.
As the landlord has been successful in its claims, I award the landlord the filing fee.

Tenancy Tribunal case 4882789 — Property damage at 281 Porchester Road, Takanini, Takanini 2112

At a glance

Tenancy Tribunal case 4882789 — Property damage at 281 Porchester Road, Takanini, Takanini 2112

At a glance

Award balance

Claims & awards

Order

Reasons

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

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