What was Tenancy Tribunal case 4893742 about?

The tribunal order states: Kristina Eva Missen-Patridge must pay [The landlord/s] $15,943.76

How much money was awarded in case 4893742?

Cleaning: $1,380.00 awarded to landlord; Filing Fee: $20.44 awarded to landlord; Property Damage: $3,100.00 awarded to landlord; Property Damage: $736.00 awarded to landlord; Property Damage: $1,380.00 awarded to landlord; Property Damage: $3,363.75 awarded to landlord; Rent Arrears: $2,628.57 awarded to landlord; Rubbish Removal: $3,335.00 awarded to landlord

What type of tenancy dispute was case 4893742?

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

Where can I read the official tribunal order for case 4893742?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/10524976-Tribunal_Order_Redacted.pdf.

What was Tenancy Tribunal case 4893742 about?

The tribunal order states: Kristina Eva Missen-Patridge must pay [The landlord/s] $15,943.76

How much money was awarded in case 4893742?

Cleaning: $1,380.00 awarded to landlord; Filing Fee: $20.44 awarded to landlord; Property Damage: $3,100.00 awarded to landlord; Property Damage: $736.00 awarded to landlord; Property Damage: $1,380.00 awarded to landlord; Property Damage: $3,363.75 awarded to landlord; Rent Arrears: $2,628.57 awarded to landlord; Rubbish Removal: $3,335.00 awarded to landlord

What type of tenancy dispute was case 4893742?

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

Where can I read the official tribunal order for case 4893742?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/10524976-Tribunal_Order_Redacted.pdf.

New Zealand Tenancy Tribunal Case 4893742 — Property damage

Reasons

Claims and awards in Tenancy Tribunal application 4893742 — net $15,943.76 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears as at 10 May 2024 (not including rent arrears ordered on 17 April 2024 for app 4838145	$2,628.57	Rent arrears as at 10 May 2024 (not including rent arrears ordered on 17 April 2024 for app 4838145
Replacement of low pressure hot water cylinder	$3,100.00	Replacement of low pressure hot water cylinder
Cleaning	$1,380.00	Cleaning
Rubbish removal	$3,335.00	Rubbish removal
Window repairs – 2 in kitchen, 2 in laundry, 1 in hallway	$736.00	Window repairs – 2 in kitchen, 2 in laundry, 1 in hallway
Sliding door repair	$1,380.00	Sliding door repair
Repair and repaint interior walls	$3,363.75	Repair and repaint interior walls
Filing fee reimbursement	$20.44	Filing fee reimbursement
Net award	$15,943.76
Total payable by Tenant to Landlord	$15,943.76

This application was scheduled to be heard today by video conference. I rang both numbers provided for the tenant, and each time my call went to voicemail. The hearing proceeded in her absence.

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

How much is owed for rent?

The tenancy ended on 10 May 2024. The landlord provided rent records and which prove the amount owing at the end of the tenancy. The amount owing on 10 May 2024 is $2628.57 and is over and above the amount of rent arears ordered to be paid on 17 April 2024 when the Tribunal heard application number 4838145.

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 photographs show that the tenant left the premises in an egregious condition. The interior of the house was filthy and there was a significant amount of rubbish left behind inside. There was also a significant amount of rubbish left outside the house. I understand that it took 4 trucks to remove this rubbish.

The photographs also show that the tenant removed the low pressure hot water cylinder during her tenancy

The amounts ordered to remedy all these issues are proved by way of invoices. With regard to the cylinder I accept that the cylinder was 3 years old and I have taken depreciation into account.

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.

I accept the landlord’s evidence that they had no insurance cover for this kind of damage to the premises.

The extent of the damage to the walls of the house indicates to me that the damage was intentional because it appears that the tenant has allowed a situation to continue knowing that damage is a certainty. The damage is more than fair wear and tear, and the tenant has not disproved liability for the damage.

The damage to the sliding door – it was unable to be opened because it was buckled and a glass pane was broken – was proved again by photographs. Whether the damage was caused carelessly or intentionally, the tenant is required to pay the invoiced cost of repair ($1,380.00) because that amount is less than 4 weeks’ rent. The damage is more than fair wear and tear.

The amounts ordered are proved by invoices.

I have taken into account betterment and depreciation where appropriate. 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. Filing fee reimbursement and suppression of name

I have ordered the tenant to reimburse the filing fee to the landlord because the landlord was wholly successful in their claim against the tenant.

For the same reason I have allowed the landlord’s application for suppression of their name. C ter Haar 26 June 2024

Claims and awards in Tenancy Tribunal application 4893742 — net $15,943.76 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears as at 10 May 2024 (not including rent arrears ordered on 17 April 2024 for app 4838145	$2,628.57	Rent arrears as at 10 May 2024 (not including rent arrears ordered on 17 April 2024 for app 4838145
Replacement of low pressure hot water cylinder	$3,100.00	Replacement of low pressure hot water cylinder
Cleaning	$1,380.00	Cleaning
Rubbish removal	$3,335.00	Rubbish removal
Window repairs – 2 in kitchen, 2 in laundry, 1 in hallway	$736.00	Window repairs – 2 in kitchen, 2 in laundry, 1 in hallway
Sliding door repair	$1,380.00	Sliding door repair
Repair and repaint interior walls	$3,363.75	Repair and repaint interior walls
Filing fee reimbursement	$20.44	Filing fee reimbursement
Net award	$15,943.76
Total payable by Tenant to Landlord	$15,943.76

Order

Kristina Eva Missen-Patridge must pay [The landlord/s] $15,943.76 immediately, calculated as shown in table below.

Reasons

This application was scheduled to be heard today by video conference. I rang both numbers provided for the tenant, and each time my call went to voicemail. The hearing proceeded in her absence.
The landlord has applied for rent arrears, compensation, and reimbursement of the filing fee following the end of the tenancy.

How much is owed for rent?

The tenancy ended on 10 May 2024. The landlord provided rent records and which prove the amount owing at the end of the tenancy. The amount owing on 10 May 2024 is $2628.57 and is over and above the amount of rent arears ordered to be paid on 17 April 2024 when the Tribunal heard application number 4838145.

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 photographs show that the tenant left the premises in an egregious condition. The interior of the house was filthy and there was a significant amount of rubbish left behind inside. There was also a significant amount of rubbish left outside the house. I understand that it took 4 trucks to remove this rubbish.
The photographs also show that the tenant removed the low pressure hot water cylinder during her tenancy
The amounts ordered to remedy all these issues are proved by way of invoices. With regard to the cylinder I accept that the cylinder was 3 years old and I have taken depreciation into account.

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.
I accept the landlord’s evidence that they had no insurance cover for this kind of damage to the premises.
The extent of the damage to the walls of the house indicates to me that the damage was intentional because it appears that the tenant has allowed a situation to continue knowing that damage is a certainty. The damage is more than fair wear and tear, and the tenant has not disproved liability for the damage.
The damage to the sliding door – it was unable to be opened because it was buckled and a glass pane was broken – was proved again by photographs. Whether the damage was caused carelessly or intentionally, the tenant is required to pay the invoiced cost of repair ($1,380.00) because that amount is less than 4 weeks’ rent. The damage is more than fair wear and tear.
The amounts ordered are proved by invoices.
I have taken into account betterment and depreciation where appropriate. 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. Filing fee reimbursement and suppression of name
I have ordered the tenant to reimburse the filing fee to the landlord because the landlord was wholly successful in their claim against the tenant.
For the same reason I have allowed the landlord’s application for suppression of their name. C ter Haar 26 June 2024

Tenancy Tribunal case 4893742 — Property damage

At a glance

Tenancy Tribunal case 4893742 — Property damage

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

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

Frequently asked questions