How much money was awarded in case 4900874?

Filing Fee: $20.44 awarded to landlord; Rent Arrears: $1,100.00 awarded to landlord; 6 broken railings and kitchen drawer…: $200.00 awarded to landlord; 6 Broken Window Handles: $180.00 awarded to landlord; Broken Bedroom Door Frame: $300.00 awarded to landlord; Broken Sliding Door Handle: $250.00 awarded to landlord; Broken Sliding Door Track: $250.00 awarded to landlord; Broken Stove Top: $800.00 awarded to landlord; Repaint over green graffiti on exter…: $300.00 awarded to landlord; Walls and Doors: $3,000.00 awarded to landlord; Property Damage: $1,500.00 awarded to landlord; Replace Carpet Where It Was Ripped A…: $2,000.00 awarded to landlord; Replace furnishings: Ripped curtains…: $1,000.00 awarded to landlord

What type of tenancy dispute was case 4900874?

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

Where can I read the official tribunal order for case 4900874?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/11146840-Tribunal_Order_Redacted.pdf.

How much money was awarded in case 4900874?

Filing Fee: $20.44 awarded to landlord; Rent Arrears: $1,100.00 awarded to landlord; 6 broken railings and kitchen drawer…: $200.00 awarded to landlord; 6 Broken Window Handles: $180.00 awarded to landlord; Broken Bedroom Door Frame: $300.00 awarded to landlord; Broken Sliding Door Handle: $250.00 awarded to landlord; Broken Sliding Door Track: $250.00 awarded to landlord; Broken Stove Top: $800.00 awarded to landlord; Repaint over green graffiti on exter…: $300.00 awarded to landlord; Walls and Doors: $3,000.00 awarded to landlord; Property Damage: $1,500.00 awarded to landlord; Replace Carpet Where It Was Ripped A…: $2,000.00 awarded to landlord; Replace furnishings: Ripped curtains…: $1,000.00 awarded to landlord

What type of tenancy dispute was case 4900874?

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

Where can I read the official tribunal order for case 4900874?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/11146840-Tribunal_Order_Redacted.pdf.

New Zealand Tenancy Tribunal Case 4900874 — Property damage

Q: What was Tenancy Tribunal case 4900874 about?

The tribunal order states: An application for suppression has been made in this case, and the Tribunal

Tenantcheck Insights

Claims and awards in Tenancy Tribunal application 4900874 — net $10,900.44 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.

Claim

Landlord

Tenant

Reason

Rent arrears (to 28/04/24

$1,100.00

Rent arrears (to 28/04/24

Repairs: Repaint over green graffiti on exterior wall

$300.00

Repairs: Repaint over green graffiti on exterior wall

Repairs: 6 broken railings and kitchen drawers

$200.00

Repairs: 6 broken railings and kitchen drawers

Repairs: 6 broken window handles

$180.00

Repairs: 6 broken window handles

Repairs: Broken bedroom door frame

$300.00

Repairs: Broken bedroom door frame

Repairs: Broken sliding door handle

$250.00

Repairs: Broken sliding door handle

Replace carpet where it was ripped and dog faeces stains

$2,000.00

Replace carpet where it was ripped and dog faeces stains

Repairs: Broken sliding door track

$250.00

Repairs: Broken sliding door track

Repairs: Repair 23 big holes on walls and doors and repaint

$3,000.00

Repairs: Repair 23 big holes on walls and doors and repaint

Repairs: Repair and paint hundreds of pin holes in walls

$1,500.00

Repairs: Repair and paint hundreds of pin holes in walls

Repairs: Broken stove top

$800.00

Repairs: Broken stove top

Replace furnishings: Ripped curtains and blinds

$1,000.00

Replace furnishings: Ripped curtains and blinds

Filing fee reimbursement

$20.44

Filing fee reimbursement

Net award

$10,900.44

Total payable by Tenant to Landlord

$10,900.44

Order

An application for suppression has been made in this case, and the Tribunal orders suppression of the Landlord’s name and identifying details.

Mark Niwa must pay [the landlord] $10,900.44(“the debt”) immediately, calculated as shown in table below.

Neoline Glasgow is not a legal party to this proceeding as her brother, Mark Niwa, took over the tenancy from 11 February 2019 and she reassigned all rights to the bond to him. Therefore, she is not liable for the debt set out in Order 2 above.

Reasons

The landlord attended the hearing. The tenant did not.

I am satisfied that the tenant had received proper notice of the hearing time, date and place and chose not to attend.

The landlord confirmed he had communications from the tenant last night that confirmed the tenant would not attend the hearing today as he could not afford to take time off work. The tenant has also confirmed to the landlord that he accepts the debt and has signed a bond release form, on 27 April 2024, consenting to the landlord having the full $2,880.00 bond refunded to him.

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

Neoline Glasgow was named as a party to this proceeding as she was the original tenant the landlord had a signed tenancy agreement with. The landlord produced a tenancy agreement dated 30 July 2018 that proves she rented the house until she reassigned the tenancy to her brother in 2019 and signed the bond over to him.

The landlord proved a change of tenant form was completed, a new tenancy agreement signed by Mr Niwa and the bond reassigned to Mr Niwa on or around 15 February 2019 after a change in tenant details and request for the bond to be reassigned was sent to the Bond Centre by the landlord.

The bond transfer form was signed by Ms Glasgow on 11 February 2019, Mr Niwa on 14 February 2019, and the landlord on 12 February 2019. It was posted to the Bond centre on 14 February 2019. The Bond Centre were also emailed a copy of this form by the landlord’s partner.

As a result of Mr Niwa taking over the tenancy, and Ms Glasgow signing the reassignment and bond transfer forms, Ms Glasgow was no longer legally liable for any damages to the rental property done after the date the lease was reassigned Mr Niwa or any rent arrears accrued beyond the reassignment date.

Therefore, Ms Glasgow is not a legal party to this proceeding. From 11 February 2019 Mr Niwa took over legal liability for anything to do with the tenancy. The bond

The landlord informs me the Bond Centre refunded the full bond to Ms Glasgow in error, after he and Mr Niwa signed and submitted a bond release form instructing the Bond Centre to release the $2,880.00 to the landlord.

The landlord says he and the tenant have tried to recover the money from Ms Glasgow and she has been unwilling to repay the funds she has no legal entitlement to.

It is outside of the Tribunal’s jurisdiction to make an order for Ms Glasgow to repay the money to Mr Niwa or the landlord that she was paid in error. She is aware she has no legal entitlement to this money but has informed the landlord she has spent it and will not be repaying it.

Mr Niwa will need to take steps to recover the unlawfully retained bond from Ms Glasgow. Consequently, the bond amount has not been recorded in this Order to offset the debt owed by Mr Niwa to the landlord.

How much is owed for rent?

The tenancy ended on 28 April 2024. The landlord provided rent records which prove the amount owing at the end of the tenancy.

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: a. Green graffiti on exterior wall; b. 6 broken railings and kitchen drawers; c. 6 broken window handles; d. Broken bedroom door frame; e. Broken sliding door handle; f. Carpet ripped and stained with dog faeces; g. Broken sliding door track; h. 23 big holes on walls and doors and repaint; i. Hundreds of pin holes in walls; j. Broken stove top; and k. Ripped curtains and blinds.

The landlord has proven the tenant’s son did the damage to the property and that it is more than fair wear and tear. The tenant has not disproved liability for the damage.

The amounts ordered are proved.

I have considered 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 considered the age and condition of the items at the start of the tenancy and their likely useful lifespan. Reimbursement of filing fee

Because [the applicant] has wholly succeeded with the claim I must reimburse the filing fee. Name Suppression

The landlord has applied for non-publication of his name and identifying details.

The Tribunal must, on the application of a party that has wholly or substantially succeeded in proceedings, order that the party’s name or identifying particulars not be published, unless the Tribunal considers that publication is in the public interest or is justified because of the party’s conduct or any other circumstances of the case (See s95A of the RTA).

The landlord has wholly succeeded in these proceedings. I do not consider publication is in the public interest or justified because of the landlord’s conduct or any other circumstances of the case.

Non-publication of the landlord’s name and identifying details are ordered.

Claims and awards in Tenancy Tribunal application 4900874 — net $10,900.44 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.

Claim

Landlord

Tenant

Reason

Rent arrears (to 28/04/24

$1,100.00

Rent arrears (to 28/04/24

Repairs: Repaint over green graffiti on exterior wall

$300.00

Repairs: Repaint over green graffiti on exterior wall

Repairs: 6 broken railings and kitchen drawers

$200.00

Repairs: 6 broken railings and kitchen drawers

Repairs: 6 broken window handles

$180.00

Repairs: 6 broken window handles

Repairs: Broken bedroom door frame

$300.00

Repairs: Broken bedroom door frame

Repairs: Broken sliding door handle

$250.00

Repairs: Broken sliding door handle

Replace carpet where it was ripped and dog faeces stains

$2,000.00

Replace carpet where it was ripped and dog faeces stains

Repairs: Broken sliding door track

$250.00

Repairs: Broken sliding door track

Repairs: Repair 23 big holes on walls and doors and repaint

$3,000.00

Repairs: Repair 23 big holes on walls and doors and repaint

Repairs: Repair and paint hundreds of pin holes in walls

$1,500.00

Repairs: Repair and paint hundreds of pin holes in walls

Repairs: Broken stove top

$800.00

Repairs: Broken stove top

Replace furnishings: Ripped curtains and blinds

$1,000.00

Replace furnishings: Ripped curtains and blinds

Filing fee reimbursement

$20.44

Filing fee reimbursement

Net award

$10,900.44

Total payable by Tenant to Landlord

$10,900.44

Order

An application for suppression has been made in this case, and the Tribunal orders suppression of the Landlord’s name and identifying details.

Mark Niwa must pay [the landlord] $10,900.44(“the debt”) immediately, calculated as shown in table below.

Reasons

The landlord attended the hearing. The tenant did not.

I am satisfied that the tenant had received proper notice of the hearing time, date and place and chose not to attend.

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

Therefore, Ms Glasgow is not a legal party to this proceeding. From 11 February 2019 Mr Niwa took over legal liability for anything to do with the tenancy. The bond

The landlord says he and the tenant have tried to recover the money from Ms Glasgow and she has been unwilling to repay the funds she has no legal entitlement to.

How much is owed for rent?

The tenancy ended on 28 April 2024. The landlord provided rent records which prove the amount owing at the end of the tenancy.

Is the tenant responsible for the damage to the premises?

The landlord has proven the tenant’s son did the damage to the property and that it is more than fair wear and tear. The tenant has not disproved liability for the damage.

The amounts ordered are proved.

Because [the applicant] has wholly succeeded with the claim I must reimburse the filing fee. Name Suppression

The landlord has applied for non-publication of his name and identifying details.

The landlord has wholly succeeded in these proceedings. I do not consider publication is in the public interest or justified because of the landlord’s conduct or any other circumstances of the case.

Non-publication of the landlord’s name and identifying details are ordered.

Tenancy Tribunal case 4900874 — Property damage

At a glance

Tenancy Tribunal case 4900874 — Property damage

At a glance

Award balance

Claims & awards

Order

Reasons

How much is owed for rent?

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?

Is the tenant responsible for the damage to the premises?

Topics & place

Residential Tenancies Act sections

Key findings

Frequently asked questions