What was the outcome of Tenancy Tribunal case 4918834?

The tribunal order states: Carl Anthony Joseph New must pay Highland Real Estate Group Limited As

How much money was awarded in case 4918834?

Filing Fee: $27.00 awarded to landlord; Rent Arrears: $3,432.86 awarded to landlord; Holes In Doors And Walls: $1,888.18 awarded to landlord

What type of tenancy dispute was case 4918834?

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

Where can I read the official tribunal order for case 4918834?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/10866347-Tenancy_Tribunal_Order.pdf.

What was the outcome of Tenancy Tribunal case 4918834?

The tribunal order states: Carl Anthony Joseph New must pay Highland Real Estate Group Limited As

How much money was awarded in case 4918834?

Filing Fee: $27.00 awarded to landlord; Rent Arrears: $3,432.86 awarded to landlord; Holes In Doors And Walls: $1,888.18 awarded to landlord

What type of tenancy dispute was case 4918834?

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

Where can I read the official tribunal order for case 4918834?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/10866347-Tenancy_Tribunal_Order.pdf.

4B Mansor Court, Cromwell, Cromwell 9310 Tenancy Tribunal Case 4918834 — Rent arrears

Reasons

Claims and awards in Tenancy Tribunal application 4918834 — net $3,568.04 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears to 14 May 2024	$3,432.86	Rent arrears to 14 May 2024
Repairs: holes in doors and walls	$1,888.18	Repairs: holes in doors and walls
Filing fee reimbursement	$27.00	Filing fee reimbursement
Net award	$3,568.04
Total payable by Tenant to Landlord	$3,568.04

The landlord attended the hearing. The tenant did not.

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

As the applicant, the landlord must prove each claim to the civil law standard of proof, on the balance of probabilities.

How much is owed for rent?

The tenancy ended on 14 May 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 landlord provided photographs of the property taken at the beginning and end of the tenancy. Based on these photographs, I find that the following damage was caused during the tenancy: a. Damage sustained to three internal doors; and b. Two holes in the walls of the garage.

The damage is more than fair wear and tear, and the tenant has not disproved liability for the damage.

The landlord provided the Tribunal with a quote to repair the damage for $1,888.18 and an invoice for $2,229.76. I note that the document submitted as an invoice contains the words “[p]lease is an estimate for repairs to be undertaken at the above property”. This wording suggests that the document is a quote however, payment details for the builder are provided at the bottom. The landlord submitted that he had paid the builder and the repairs had been completed. I am satisfied that the document is an invoice and not a quote. From the details provided in the invoice, it is apparent that additional work other than repairing the damage noted at paragraph [11] was undertaken. It is for this reason that I have not awarded compensation for the full amount contained in the invoice and have limited it to the amount provided in the quote, namely $1,888.18.

The amounts ordered are proved.

I have taken into account 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 taken into account the age and condition of the items at the start of the tenancy and their likely useful lifespan.

Because Highland Real Estate Group Limited As Agent For Carl Morgan has wholly succeeded with the claim I must reimburse the filing fee.

Claims and awards in Tenancy Tribunal application 4918834 — net $3,568.04 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears to 14 May 2024	$3,432.86	Rent arrears to 14 May 2024
Repairs: holes in doors and walls	$1,888.18	Repairs: holes in doors and walls
Filing fee reimbursement	$27.00	Filing fee reimbursement
Net award	$3,568.04
Total payable by Tenant to Landlord	$3,568.04

Order

Carl Anthony Joseph New must pay Highland Real Estate Group Limited As Agent For Carl Morgan $3,568.04 immediately, calculated as shown in table below.
The Bond Centre is to pay the bond of $1,780.00 (3500800-008) to Highland Real Estate Group Limited As Agent For Carl Morgan immediately.

Reasons

The landlord attended the hearing. The tenant did not.
The landlord has applied for rent arrears, compensation, refund of the bond, and reimbursement of the filing fee following the end of the tenancy.
As the applicant, the landlord must prove each claim to the civil law standard of proof, on the balance of probabilities.

How much is owed for rent?

The tenancy ended on 14 May 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 landlord provided photographs of the property taken at the beginning and end of the tenancy. Based on these photographs, I find that the following damage was caused during the tenancy: a. Damage sustained to three internal doors; and b. Two holes in the walls of the garage.
The damage is more than fair wear and tear, and the tenant has not disproved liability for the damage.
The landlord provided the Tribunal with a quote to repair the damage for $1,888.18 and an invoice for $2,229.76. I note that the document submitted as an invoice contains the words “[p]lease is an estimate for repairs to be undertaken at the above property”. This wording suggests that the document is a quote however, payment details for the builder are provided at the bottom. The landlord submitted that he had paid the builder and the repairs had been completed. I am satisfied that the document is an invoice and not a quote. From the details provided in the invoice, it is apparent that additional work other than repairing the damage noted at paragraph [11] was undertaken. It is for this reason that I have not awarded compensation for the full amount contained in the invoice and have limited it to the amount provided in the quote, namely $1,888.18.
The amounts ordered are proved.
I have taken into account 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 taken into account the age and condition of the items at the start of the tenancy and their likely useful lifespan.
Because Highland Real Estate Group Limited As Agent For Carl Morgan has wholly succeeded with the claim I must reimburse the filing fee.

Tenancy Tribunal case 4918834 — Rent arrears at 4B Mansor Court, Cromwell, Cromwell 9310

At a glance

Tenancy Tribunal case 4918834 — Rent arrears at 4B Mansor Court, Cromwell, Cromwell 9310

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

Property management

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

Property management

Frequently asked questions