What was the outcome of Tenancy Tribunal case 4895545?

The tribunal order states: Aleasha Joy Clark must pay Real Property Management Limited as agent for

How much money was awarded in case 4895545?

Cleaning: $190.00 awarded to landlord; Cleaning: $347.88 awarded to landlord; Filing Fee: $20.44 awarded to landlord; Gardening: $57.50 awarded to landlord; Rent Arrears: $385.71 awarded to landlord; Replace Missing Keys (4: $39.98 awarded to landlord; Smoke Alarms: $625.21 awarded to landlord

What type of tenancy dispute was case 4895545?

The primary dispute was Smoke alarms. Related themes: Cleanliness, Rent arrears.

Where can I read the official tribunal order for case 4895545?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/10627389-Tenancy_Tribunal_Order.pdf.

What was the outcome of Tenancy Tribunal case 4895545?

The tribunal order states: Aleasha Joy Clark must pay Real Property Management Limited as agent for

How much money was awarded in case 4895545?

Cleaning: $190.00 awarded to landlord; Cleaning: $347.88 awarded to landlord; Filing Fee: $20.44 awarded to landlord; Gardening: $57.50 awarded to landlord; Rent Arrears: $385.71 awarded to landlord; Replace Missing Keys (4: $39.98 awarded to landlord; Smoke Alarms: $625.21 awarded to landlord

What type of tenancy dispute was case 4895545?

The primary dispute was Smoke alarms. Related themes: Cleanliness, Rent arrears.

Where can I read the official tribunal order for case 4895545?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/10627389-Tenancy_Tribunal_Order.pdf.

Unit/Flat 4, 28 Aikmans Road, Merivale, Christchurch 8014 Tenancy Tribunal Case 4895545 — Smoke alarms

Reasons

Claims and awards in Tenancy Tribunal application 4895545 — net $316.72 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears to 1 April 2024	$385.71	Rent arrears to 1 April 2024
Carpet cleaning	$190.00	Carpet cleaning
Gardening	$57.50	Gardening
Cleaning	$347.88	Cleaning
undry repairs including to replace smoke alarm; dispose of timber; remove hooks; repair walls and doors; repaint windows	$625.21	undry repairs including to replace smoke alarm; dispose of timber; remove hooks; repair walls and doors; repaint windows
Replace missing keys (4	$39.98	Replace missing keys (4
Filing fee reimbursement	$20.44	Filing fee reimbursement
Net award	$316.72
Total payable by Tenant to Landlord	$316.72

Ms Staines represented the landlord. The tenant did not attend the hearing.

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

How much is owed for rent?

The tenancy ended on 1 April 2024. The landlord provided rent records which prove the amount of rent 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, 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 (RTA).

The tenant did not leave the premises, including the gardens, reasonably clean and tidy.

The tenant lost keys during the tenancy which the landlord had to replace.

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.

The following damage was caused during the tenancy. Walls and doors needed repairs, hooks had to be removed from doors, and a bedroom windowsill had to be repainted. The damage is more than fair wear and tear, and the tenant has not disproved liability for the damage.

The amounts ordered are proved by invoices and photos and by the evidence Ms Staines gave at the hearing. Exemplary damages

The landlord has sought an order for exemplary damages because a methamphetamine test on 29 November 2023 (reported on 1 December 2023) showed a composite methamphetamine reading of 0.20 μg per 100cm² with a theoretical maximum of 1.43 μg/100cm².

The use of methamphetamine is an offence. Section 40(2)(b) RTA provides that a tenant shall not use the premises, or permit the premises to be used, for any unlawful purpose.

A breach of section 40(2)(b) RTA is an unlawful act for which the Tribunal may award exemplary damages up to $1,800.00.

Exemplary damages are designed to punish and to deter. They are like a fine. In Auckland City Council v Blundell [1986] NZLR 732 the Court of Appeal (Cooke P) said: Exemplary and punitive [damages] are different words for the same thing. The damages are exemplary because they are meant to teach an example to the guilty officer and others. They are punitive because they are meant to punish. They are like a fine, though they go to the citizen who has been the victim of conduct.

Exemplary damages are awarded at the Tribunal’s discretion when one party has proved that the other party has committed a defined unlawful act. If that is proven, and before the Tribunal may award exemplary damages, it must consider the factors set out in section 109 RTA.

In Birch v Otautahi Community Housing Trust [2020] NZDC 17667 the Court said this: In considering whether an order of exemplary damages should be made, the Tribunal must first look at the intention of the person against whom the order is sought. As the Tribunal in Chief Executive, ex parte Edmondson v Walls TT548/92 said: Before an award of exemplary damages can be made the threshold question for the Tribunal to answer is whether the unlawful act has been committed ‘intentionally’. In my view negligence does not equate to intention, and for the Tribunal to be satisfied that a party has ‘intentionally’ committed an unlawful act evidence must exist which would justify the Tribunal in coming to the conclusion that the party committing the unlawful act has in fact turned his or her mind to the act and deliberately set about to commit it. If the Tribunal considers that the person against whom the order is sought has committed the unlawful act intentionally, the Tribunal must then consider whether it would be just to require that person to pay exemplary damages, taking into account: •The intention of the person; •The effect of the unlawful act; •The interests of the party against whom the unlawful act was committed; and •The public interest.

Because the tenant did not attend the hearing, I did not hear her explanation for the presence of methamphetamine at the premises (a pre-tenancy test showed no contamination).

The test the landlord had done was a composite test that showed a very low level of contamination.

To award exemplary damages I must be satisfied that the tenant ‘turned her mind to the act and deliberately set about to commit it’.

Had the level of contamination been higher I could have inferred that the tenant used or permitted the use of methamphetamine at the premises.

However, it is possible that someone at the premises used the drug without her knowing it, possibly on just one occasion.

I cannot infer the necessary element of intent in this case on a probability basis. I therefore decline to award exemplary damages. I dismiss this part of the landlord’s application.

As the application is mostly successful, the tenant must pay the landlord’s Tribunal filing fee.

Claims and awards in Tenancy Tribunal application 4895545 — net $316.72 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears to 1 April 2024	$385.71	Rent arrears to 1 April 2024
Carpet cleaning	$190.00	Carpet cleaning
Gardening	$57.50	Gardening
Cleaning	$347.88	Cleaning
undry repairs including to replace smoke alarm; dispose of timber; remove hooks; repair walls and doors; repaint windows	$625.21	undry repairs including to replace smoke alarm; dispose of timber; remove hooks; repair walls and doors; repaint windows
Replace missing keys (4	$39.98	Replace missing keys (4
Filing fee reimbursement	$20.44	Filing fee reimbursement
Net award	$316.72
Total payable by Tenant to Landlord	$316.72

Order

Aleasha Joy Clark must pay Real Property Management Limited as agent for Celia Properties Ltd $316.72 immediately, calculated as shown in table below.
The application for exemplary damages is dismissed.

Reasons

Ms Staines represented the landlord. The tenant did not attend the hearing.
The landlord has applied for rent arrears, compensation, exemplary damages, and reimbursement of the filing fee following the end of the tenancy.

How much is owed for rent?

The tenancy ended on 1 April 2024. The landlord provided rent records which prove the amount of rent 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, 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 (RTA).
The tenant did not leave the premises, including the gardens, reasonably clean and tidy.
The tenant lost keys during the tenancy which the landlord had to replace.

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.
The following damage was caused during the tenancy. Walls and doors needed repairs, hooks had to be removed from doors, and a bedroom windowsill had to be repainted. The damage is more than fair wear and tear, and the tenant has not disproved liability for the damage.
The amounts ordered are proved by invoices and photos and by the evidence Ms Staines gave at the hearing. Exemplary damages
The landlord has sought an order for exemplary damages because a methamphetamine test on 29 November 2023 (reported on 1 December 2023) showed a composite methamphetamine reading of 0.20 μg per 100cm² with a theoretical maximum of 1.43 μg/100cm².
The use of methamphetamine is an offence. Section 40(2)(b) RTA provides that a tenant shall not use the premises, or permit the premises to be used, for any unlawful purpose.
A breach of section 40(2)(b) RTA is an unlawful act for which the Tribunal may award exemplary damages up to $1,800.00.
Exemplary damages are designed to punish and to deter. They are like a fine. In Auckland City Council v Blundell [1986] NZLR 732 the Court of Appeal (Cooke P) said: Exemplary and punitive [damages] are different words for the same thing. The damages are exemplary because they are meant to teach an example to the guilty officer and others. They are punitive because they are meant to punish. They are like a fine, though they go to the citizen who has been the victim of conduct.
Exemplary damages are awarded at the Tribunal’s discretion when one party has proved that the other party has committed a defined unlawful act. If that is proven, and before the Tribunal may award exemplary damages, it must consider the factors set out in section 109 RTA.
In Birch v Otautahi Community Housing Trust [2020] NZDC 17667 the Court said this: In considering whether an order of exemplary damages should be made, the Tribunal must first look at the intention of the person against whom the order is sought. As the Tribunal in Chief Executive, ex parte Edmondson v Walls TT548/92 said: Before an award of exemplary damages can be made the threshold question for the Tribunal to answer is whether the unlawful act has been committed ‘intentionally’. In my view negligence does not equate to intention, and for the Tribunal to be satisfied that a party has ‘intentionally’ committed an unlawful act evidence must exist which would justify the Tribunal in coming to the conclusion that the party committing the unlawful act has in fact turned his or her mind to the act and deliberately set about to commit it. If the Tribunal considers that the person against whom the order is sought has committed the unlawful act intentionally, the Tribunal must then consider whether it would be just to require that person to pay exemplary damages, taking into account: •The intention of the person; •The effect of the unlawful act; •The interests of the party against whom the unlawful act was committed; and •The public interest.
Because the tenant did not attend the hearing, I did not hear her explanation for the presence of methamphetamine at the premises (a pre-tenancy test showed no contamination).
The test the landlord had done was a composite test that showed a very low level of contamination.
To award exemplary damages I must be satisfied that the tenant ‘turned her mind to the act and deliberately set about to commit it’.
Had the level of contamination been higher I could have inferred that the tenant used or permitted the use of methamphetamine at the premises.
However, it is possible that someone at the premises used the drug without her knowing it, possibly on just one occasion.
I cannot infer the necessary element of intent in this case on a probability basis. I therefore decline to award exemplary damages. I dismiss this part of the landlord’s application.
As the application is mostly successful, the tenant must pay the landlord’s Tribunal filing fee.

Tenancy Tribunal case 4895545 — Smoke alarms at Unit/Flat 4, 28 Aikmans Road, Merivale, Christchurch 8014

At a glance

Tenancy Tribunal case 4895545 — Smoke alarms at Unit/Flat 4, 28 Aikmans Road, Merivale, Christchurch 8014

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