What was Tenancy Tribunal case 4916223 about?

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

How much money was awarded in case 4916223?

Filing Fee: $20.44 awarded to landlord; Property Damage: $585.56 awarded to landlord; Property Damage: $400.00 awarded to landlord; Property Damage: $1,000.00 awarded to landlord; Rubbish Removal: $390.00 awarded to landlord

What type of tenancy dispute was case 4916223?

The primary dispute was Property damage.

Where can I read the official tribunal order for case 4916223?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/11667373-Tribunal_Order_Redacted.pdf.

What was Tenancy Tribunal case 4916223 about?

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

How much money was awarded in case 4916223?

Filing Fee: $20.44 awarded to landlord; Property Damage: $585.56 awarded to landlord; Property Damage: $400.00 awarded to landlord; Property Damage: $1,000.00 awarded to landlord; Rubbish Removal: $390.00 awarded to landlord

What type of tenancy dispute was case 4916223?

The primary dispute was Property damage.

Where can I read the official tribunal order for case 4916223?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/11667373-Tribunal_Order_Redacted.pdf.

23 Kinsman Street, Kaikorai, Dunedin 9010 Tenancy Tribunal Case 4916223 — Property damage

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23 Kinsman Street, Kaikorai, Dunedin 9010 Tenancy Tribunal Case 4916223 — Property damage | TenantCheck

Claims & awards

What this tenancy cost at tribunal — claim, category, amount, and party awarded, with reconciled net total.

Claims and awards in Tenancy Tribunal application 4916223 — net $2,396.00 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Window repairs	$585.56	Window repairs
Lock/key replacement	$400.00	Lock/key replacement
Rubbish removal: skip hire	$390.00	Rubbish removal: skip hire
insurance excess to repair damaged walls, doors and replace carpets	$1,000.00	insurance excess to repair damaged walls, doors and replace carpets
Filing fee reimbursement	$20.44	Filing fee reimbursement
Net award	$2,396.00
Total payable by Tenant to Landlord	$2,396.00

Claims and awards for application 4916223 — net $2,396.00 NZD. Verify on MoJ.

Window repairs

Amount: $585.56
Awarded to: Landlord
Reason: Window repairs

Lock/key replacement

Amount: $400.00
Awarded to: Landlord
Reason: Lock/key replacement

Rubbish removal: skip hire

Amount: $390.00
Awarded to: Landlord
Reason: Rubbish removal: skip hire

insurance excess to repair damaged walls, doors and replace carpets

Amount: $1,000.00
Awarded to: Landlord
Reason: insurance excess to repair damaged walls, doors and replace carpets

Filing fee reimbursement

Amount: $20.44
Awarded to: Landlord
Reason: Filing fee reimbursement

Claim types — money lines allowed on this order

Filing Fee Property damage Rubbish Removal

Order

An application for suppression has been made in this case, and the Tribunal orders suppression of the landlord name and identifying details.
Zoe Mellon-Mains must pay [The landlord/s] $2,396.00 immediately, calculated as shown in table below.

Reasons

Only the applicant landlord attended the hearing.
The landlord has applied for compensation and reimbursement of the filing fee following 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.
The tenant did not leave the premises reasonably clean and tidy, and did not remove all rubbish.
The tenant did not return the keys.
The amounts ordered are proved.

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.
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: the surfaces of the property were covered in graffiti and obscenities, several walls and doors were damaged, the carpets and vinyl extensively damaged and several windows broken. The lawns and gardens were damaged. The damage is considerably more than fair wear and tear, is likely caused by intentional actions and the tenant has not disproved liability for the damage. She is indeed fortunate that the claim is limited to recovery of the landlord’s insurance excess as the repair cost exceeded $20,000.
The amounts ordered are proved. The bond has been refunded to the landlord pursuant to an earlier order terminating the tenancy and for rent arrears.
I have not considered betterment and depreciation. The $1,000 awarded considerably exceeds the actual repair costs.
Because [The applicant/s] has wholly succeeded with the claim I must reimburse the filing fee and approve the landlords request for name suppression.
The public interest requires that the tenant’s name is published.

Claims & awards

What this tenancy cost at tribunal — claim, category, amount, and party awarded, with reconciled net total.

Claims and awards in Tenancy Tribunal application 4916223 — net $2,396.00 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Window repairs	$585.56	Window repairs
Lock/key replacement	$400.00	Lock/key replacement
Rubbish removal: skip hire	$390.00	Rubbish removal: skip hire
insurance excess to repair damaged walls, doors and replace carpets	$1,000.00	insurance excess to repair damaged walls, doors and replace carpets
Filing fee reimbursement	$20.44	Filing fee reimbursement
Net award	$2,396.00
Total payable by Tenant to Landlord	$2,396.00

Claims and awards for application 4916223 — net $2,396.00 NZD. Verify on MoJ.

Window repairs

Amount: $585.56
Awarded to: Landlord
Reason: Window repairs

Lock/key replacement

Amount: $400.00
Awarded to: Landlord
Reason: Lock/key replacement

Rubbish removal: skip hire

Amount: $390.00
Awarded to: Landlord
Reason: Rubbish removal: skip hire

insurance excess to repair damaged walls, doors and replace carpets

Amount: $1,000.00
Awarded to: Landlord
Reason: insurance excess to repair damaged walls, doors and replace carpets

Filing fee reimbursement

Amount: $20.44
Awarded to: Landlord
Reason: Filing fee reimbursement

Claim types — money lines allowed on this order

Filing Fee Property damage Rubbish Removal

Order

An application for suppression has been made in this case, and the Tribunal orders suppression of the landlord name and identifying details.
Zoe Mellon-Mains must pay [The landlord/s] $2,396.00 immediately, calculated as shown in table below.

Reasons

Only the applicant landlord attended the hearing.
The landlord has applied for compensation and reimbursement of the filing fee following 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.
The tenant did not leave the premises reasonably clean and tidy, and did not remove all rubbish.
The tenant did not return the keys.
The amounts ordered are proved.

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.
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: the surfaces of the property were covered in graffiti and obscenities, several walls and doors were damaged, the carpets and vinyl extensively damaged and several windows broken. The lawns and gardens were damaged. The damage is considerably more than fair wear and tear, is likely caused by intentional actions and the tenant has not disproved liability for the damage. She is indeed fortunate that the claim is limited to recovery of the landlord’s insurance excess as the repair cost exceeded $20,000.
The amounts ordered are proved. The bond has been refunded to the landlord pursuant to an earlier order terminating the tenancy and for rent arrears.
I have not considered betterment and depreciation. The $1,000 awarded considerably exceeds the actual repair costs.
Because [The applicant/s] has wholly succeeded with the claim I must reimburse the filing fee and approve the landlords request for name suppression.
The public interest requires that the tenant’s name is published.

Tenancy Tribunal case 4916223 — Property damage at 23 Kinsman Street, Kaikorai, Dunedin 9010

At a glance

Tenancy Tribunal case 4916223 — Property damage at 23 Kinsman Street, Kaikorai, Dunedin 9010

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

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

Frequently asked questions