What was the outcome of Tenancy Tribunal case 4886080?

The tribunal order states: Zhuo Huang must pay Hindan.K Limited T/As Friendly Flats $34,912.01

How much money was awarded in case 4886080?

Property Damage: $900.00 awarded to landlord; Filing Fee: $20.44 awarded to landlord; Property Damage: $1,560.00 awarded to landlord; Rent Arrears: $10,152.86 awarded to landlord; Building: $11,195.25 awarded to landlord; Electrical: $8,650.00 awarded to landlord; Water Rates: $4,493.46 awarded to landlord

What type of tenancy dispute was case 4886080?

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

Where can I read the official tribunal order for case 4886080?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/10596883-Tenancy_Tribunal_Order.pdf.

What was the outcome of Tenancy Tribunal case 4886080?

The tribunal order states: Zhuo Huang must pay Hindan.K Limited T/As Friendly Flats $34,912.01

How much money was awarded in case 4886080?

Property Damage: $900.00 awarded to landlord; Filing Fee: $20.44 awarded to landlord; Property Damage: $1,560.00 awarded to landlord; Rent Arrears: $10,152.86 awarded to landlord; Building: $11,195.25 awarded to landlord; Electrical: $8,650.00 awarded to landlord; Water Rates: $4,493.46 awarded to landlord

What type of tenancy dispute was case 4886080?

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

Where can I read the official tribunal order for case 4886080?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/10596883-Tenancy_Tribunal_Order.pdf.

63 Orchard Street, Avondale, Auckland 1026 Tenancy Tribunal Case 4886080 — Property damage

Reasons

Claims and awards in Tenancy Tribunal application 4886080 — net $34,912.01 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears to 18 July 2024	$10,152.86	Rent arrears to 18 July 2024
Repairs: Building	$11,195.25	Repairs: Building
Repairs: Electrical	$8,650.00	Repairs: Electrical
Water rates	$4,493.46	Water rates
Chattel replacement	$1,560.00	Chattel replacement
Exemplary damages - unlawful purpose	$900.00	Exemplary damages - unlawful purpose
Filing fee reimbursement	$20.44	Filing fee reimbursement
Net award	$34,912.01
Total payable by Tenant to Landlord	$34,912.01

The landlord attended the hearing. The tenant did not attend the hearing.

The tenancy began on 20 January 2024. It is a fixed term tenancy due to end on 20 January 2025.

On 27 May 2024 the Tribunal terminated the tenancy through the expediated process under section 91AA Residential Tenancies Act 1986.

The landlord carried out two inspections during the tenancy. The first was on 16 April 2024 and the second on 10 May 2024.

The tenancy appeared to be abandoned on the second inspection. In addition, there was significant damage to the premises and evidence of cultivating cannabis.

The landlord had concerns prior to this because the water invoice dated 9 April 2024 showed a balance owing exceeding $4,000.00. Apparently, the Property Manager went to the premises to check the water meter. When the invoice was emailed to the tenant the landlord queried whether there was a problem with the water, but the tenant said that there wasn’t and did not appear concerned about the amount owed for water.

Since termination the landlord has carried out repairs to the premises including both building and electrical work. At the date of hearing the repairs continue to be carried out and the premises have not been relet.

The landlord has applied for rent arrears, compensation, exemplary damages, refund of the bond, and reimbursement of the filing fee following the end of the tenancy.

How much is owed for rent and water rates?

The tenancy ended on 27 May 2024. As this is a fixed term tenancy the tenant continues to be liable for rent up until the date of the expiry of the term or the date of commencement of a new tenancy of the premises, whichever is the earlier 1 .

The landlord provided rent records which prove the amount owing at the date of hearing.

The landlord provided the water invoice which had been sent to the tenant by email on 12 April 2024 and which remains unpaid.

The landlord claims that some chattels were missing at the end of the tenancy including two bed bases, one mattress and a dining set. These items were in the invoice produced by the landlord. The landlord referred to other chattels but did not produce an invoice for their replacement. 1 Section 61(3)(b) Residential Tenancies Act 1986

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: holes in walls, ceiling and floor, damage to electrical system. The damage is more than fair wear and tear, and the tenant has not disproved liability for the damage.

The amounts ordered are proved.

Hindan.K Limited T/As Friendly Flats claims the tenant has used the premises unlawfully, by growing cannabis in the premises.

A tenant must not use the premises or permit the premises to be used for an unlawful purpose. See section 40(2)(b) Residential Tenancies Act 1986.

Breaching this obligation is an unlawful act for which exemplary damages may be awarded up to a maximum of $1,800.00. See section 40(3A)(c) and Schedule 1A Residential Tenancies Act 1986.

It is unlawful to grow cannabis pursuant to section 9 of the Misuse of Drugs Act 1975 which states that no person shall cultivate any prohibited plant. Section 2 of the Misuse of Drugs Act 1975 defines prohibited plant as including any plant of the genus cannabis.

The landlord produced photographs showing damage to the premises which were likely to enable cannabis to be cultivated inside the premises. There were also photographs of small amounts of cannabis plant material.

On the evidence I accept that the tenant has intentionally cultivated cannabis at the premises. This unlawful act has had a significant impact on the landlord and the ability to re-tenant the premises. It is in the public interest that tenancies are not used for unlawful purposes.

In the circumstances I consider that an award of $900.00 for exemplary damages is reasonable.

Because Hindan.K Limited T/As Friendly Flats has substantially succeeded with the claim I have reimbursed the filing fee.

Claims and awards in Tenancy Tribunal application 4886080 — net $34,912.01 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears to 18 July 2024	$10,152.86	Rent arrears to 18 July 2024
Repairs: Building	$11,195.25	Repairs: Building
Repairs: Electrical	$8,650.00	Repairs: Electrical
Water rates	$4,493.46	Water rates
Chattel replacement	$1,560.00	Chattel replacement
Exemplary damages - unlawful purpose	$900.00	Exemplary damages - unlawful purpose
Filing fee reimbursement	$20.44	Filing fee reimbursement
Net award	$34,912.01
Total payable by Tenant to Landlord	$34,912.01

Order

Zhuo Huang must pay Hindan.K Limited T/As Friendly Flats $34,912.01 immediately, calculated as shown in table below.
The Bond Centre is to pay the bond of $2,060.00 (5255168-009) to Hindan.K Limited T/As Friendly Flats immediately.

Reasons

The landlord attended the hearing. The tenant did not attend the hearing.
The tenancy began on 20 January 2024. It is a fixed term tenancy due to end on 20 January 2025.
On 27 May 2024 the Tribunal terminated the tenancy through the expediated process under section 91AA Residential Tenancies Act 1986.
The landlord carried out two inspections during the tenancy. The first was on 16 April 2024 and the second on 10 May 2024.
The tenancy appeared to be abandoned on the second inspection. In addition, there was significant damage to the premises and evidence of cultivating cannabis.
The landlord had concerns prior to this because the water invoice dated 9 April 2024 showed a balance owing exceeding $4,000.00. Apparently, the Property Manager went to the premises to check the water meter. When the invoice was emailed to the tenant the landlord queried whether there was a problem with the water, but the tenant said that there wasn’t and did not appear concerned about the amount owed for water.
Since termination the landlord has carried out repairs to the premises including both building and electrical work. At the date of hearing the repairs continue to be carried out and the premises have not been relet.
The landlord has applied for rent arrears, compensation, exemplary damages, refund of the bond, and reimbursement of the filing fee following the end of the tenancy.

How much is owed for rent and water rates?

The tenancy ended on 27 May 2024. As this is a fixed term tenancy the tenant continues to be liable for rent up until the date of the expiry of the term or the date of commencement of a new tenancy of the premises, whichever is the earlier 1 .
The landlord provided rent records which prove the amount owing at the date of hearing.
The landlord provided the water invoice which had been sent to the tenant by email on 12 April 2024 and which remains unpaid.
The landlord claims that some chattels were missing at the end of the tenancy including two bed bases, one mattress and a dining set. These items were in the invoice produced by the landlord. The landlord referred to other chattels but did not produce an invoice for their replacement. 1 Section 61(3)(b) Residential Tenancies Act 1986

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: holes in walls, ceiling and floor, damage to electrical system. The damage is more than fair wear and tear, and the tenant has not disproved liability for the damage.
The amounts ordered are proved.
Hindan.K Limited T/As Friendly Flats claims the tenant has used the premises unlawfully, by growing cannabis in the premises.
A tenant must not use the premises or permit the premises to be used for an unlawful purpose. See section 40(2)(b) Residential Tenancies Act 1986.
Breaching this obligation is an unlawful act for which exemplary damages may be awarded up to a maximum of $1,800.00. See section 40(3A)(c) and Schedule 1A Residential Tenancies Act 1986.
It is unlawful to grow cannabis pursuant to section 9 of the Misuse of Drugs Act 1975 which states that no person shall cultivate any prohibited plant. Section 2 of the Misuse of Drugs Act 1975 defines prohibited plant as including any plant of the genus cannabis.
The landlord produced photographs showing damage to the premises which were likely to enable cannabis to be cultivated inside the premises. There were also photographs of small amounts of cannabis plant material.
On the evidence I accept that the tenant has intentionally cultivated cannabis at the premises. This unlawful act has had a significant impact on the landlord and the ability to re-tenant the premises. It is in the public interest that tenancies are not used for unlawful purposes.
In the circumstances I consider that an award of $900.00 for exemplary damages is reasonable.
Because Hindan.K Limited T/As Friendly Flats has substantially succeeded with the claim I have reimbursed the filing fee.

Tenancy Tribunal case 4886080 — Property damage at 63 Orchard Street, Avondale, Auckland 1026

At a glance

Tenancy Tribunal case 4886080 — Property damage at 63 Orchard Street, Avondale, Auckland 1026

At a glance

Award balance

Claims & awards

Order

Reasons

How much is owed for rent and water rates?

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 and water rates?

Is the tenant responsible for the damage to the premises?

Topics & place

Residential Tenancies Act sections

Key findings

Property management

Frequently asked questions