What was the outcome of Tenancy Tribunal case 4923321?

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

How much money was awarded in case 4923321?

Filing Fee: $20.44 awarded to landlord; Previous Order Application 4923321 D…: $131.80 awarded to landlord; Bathroom Tiles: $575.00 awarded to landlord; Garage: $632.50 awarded to landlord; Main House: $4,450.00 awarded to landlord; Sleepout: $1,750.00 awarded to landlord

What type of tenancy dispute was case 4923321?

The primary dispute was Property damage.

Where can I read the official tribunal order for case 4923321?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/10954941-Tenancy_Tribunal_Order.pdf.

What was the outcome of Tenancy Tribunal case 4923321?

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

How much money was awarded in case 4923321?

Filing Fee: $20.44 awarded to landlord; Previous Order Application 4923321 D…: $131.80 awarded to landlord; Bathroom Tiles: $575.00 awarded to landlord; Garage: $632.50 awarded to landlord; Main House: $4,450.00 awarded to landlord; Sleepout: $1,750.00 awarded to landlord

What type of tenancy dispute was case 4923321?

The primary dispute was Property damage.

Where can I read the official tribunal order for case 4923321?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/10954941-Tenancy_Tribunal_Order.pdf.

Henderson, Auckland Tenancy Tribunal Case 4923321 — Property damage

Claims and awards in Tenancy Tribunal application 4923321 — net $7,559.74 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Previous order application 4923321 dated 15/10/2024	$131.80	Previous order application 4923321 dated 15/10/2024
Repairs: main house	$4,450.00	Repairs: main house
Repairs: sleepout	$1,750.00	Repairs: sleepout
Repairs: garage	$632.50	Repairs: garage
Repairs: bathroom tiles	$575.00	Repairs: bathroom tiles
Filing fee reimbursement	$20.44	Filing fee reimbursement
Net award	$7,559.74
Total payable by Tenant to Landlord	$7,559.74

Order

An application for suppression has been made in this case, and the Tribunal orders suppression of the Landlord name and identifying details.
Carina Vili must pay [The landlord/s] $7,559.74 immediately, calculated as shown in the table below.
This order incorporates the Tribunal order made on 15 October 2024 under application 4923321.

Reasons

Only the landlord’s representative attended the hearing held remotely on 10 December 2024. The tenant could not be contacted on either of the telephone numbers provided. The hearing continued in her absence as she was emailed notice of this hearing date and time to her address for service.
This was the second hearing relating to this tenancy of a 3-bedroom house, garage and sleep-out.
Rent and water rates arrears and compensation for costs to clean and remove rubbish totalling $2,752.24 were ordered after the first hearing together with refund of the bond to the landlord.
The balance left to pay from the first order is $131.80 which I incorporate into this order.
This hearing assessed evidence relating to damage to the premises.

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 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). Tenants may be liable for more than this if damage is intentional. See section 49B(1) and (3) RTA.
Damage is intentional where a person intends to cause the damage. It is also intentional if a person does something, or allows a situation to continue, knowing that damage is a certainty. See Guo v Korck [2019] NZHC 1541.
The premises had been renovated inside just before this tenancy began which included the repainting of all interior walls.
The landlord has proved the following damage was caused during the tenancy and is more than wear and tear:- a. Nearly every wall in the two smaller bedrooms was drawn or scribbled on with pen; b. Two large holes (approximately 80cm x 80cm) under the window in a wall in one of these bedrooms; c. One very large hole (approximately 100cm x 60cm) under the heat pump in the lounge together with several smaller holes in walls and some drawing on the walls; d. Drawing on the hallway walls, chips in the paint and a hole in the wall behind the door (probably from the door handle); e. The dining room walls were repainted with a different colour but to a poor standard; f. Four bathroom floor tiles were cracked; g. One large dented and cracked area near the corner on one wall in the sleepout. At least three other holes just above skirting board height in two other walls (including where cables had been roughly installed), and two areas where the paint surface has been torn off (perhaps when removing posters or other items); h. The exterior of the garage fascia has a large hole (behind a basketball hoop) and the metal garage cladding was torn in one place.
The damage is more than fair wear and tear, and the tenant did not attend the hearings so has not disproved liability for the damage.
The tenant is liable to compensate the landlord.
I have calculated the compensation as follows:- a. The landlord has insurance that covers the damage to the interior of the main house. The insurance does not cover the sleepout or the garage. b. The total cost to the landlord of the repairs to the main house was $9,085.00 1 and it has received an insurance settlement of $4,635.00. c. The law says that if a landlord has insurance, the most that can be awarded for careless damage is the amount of any insurance excess. The insurer deducted 7 excesses for the different rooms and for removal of repairs rubbish. This is a total of $3,850.00. d. I have decided to award more than this for the damage to the main house because some of the damage looks to be intentional. For example, the very large holes under the heat pump and in one of the bedrooms. The walls must have been hit very hard to cause this damage. The repainting of the dining room is also intentional and is damage. Also, allowing children to draw or write on nearly every wall in two bedrooms and in the hallway and lounge is more than careless. I award $4,450.00 for the damage to the main house which is the cost to the landlord ($9,085.00) less the insurance payment ($4,635.00). e. I award the amount paid by the landlord to repair the cracked bathroom tiles which is $575.00. This was not covered by insurance. f. I award the amount to repair the garage outside walls which is $632.50 and was not covered by insurance. g. The damage to the sleepout was not covered by insurance. It cost the landlord $4,600.00 for repairs. I have not awarded the full amount as this amount is too much for the damage shown in the photographs. I award $1,750.00. 1 $7,300.00 for room repairs + $600.00 for rubbish removal + $1,185.00 gst = $9,085.00
I note that the repair invoice includes replacement of damaged laminated wood flooring in the hallway and kitchen. There were no photographs of this, so the damage is not proven, and no award can be made.
The landlord has substantially succeeded with the claim, so I award the filing fee and suppress its name, as sought.

Claims and awards in Tenancy Tribunal application 4923321 — net $7,559.74 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Previous order application 4923321 dated 15/10/2024	$131.80	Previous order application 4923321 dated 15/10/2024
Repairs: main house	$4,450.00	Repairs: main house
Repairs: sleepout	$1,750.00	Repairs: sleepout
Repairs: garage	$632.50	Repairs: garage
Repairs: bathroom tiles	$575.00	Repairs: bathroom tiles
Filing fee reimbursement	$20.44	Filing fee reimbursement
Net award	$7,559.74
Total payable by Tenant to Landlord	$7,559.74

Order

An application for suppression has been made in this case, and the Tribunal orders suppression of the Landlord name and identifying details.
Carina Vili must pay [The landlord/s] $7,559.74 immediately, calculated as shown in the table below.
This order incorporates the Tribunal order made on 15 October 2024 under application 4923321.

Reasons

Only the landlord’s representative attended the hearing held remotely on 10 December 2024. The tenant could not be contacted on either of the telephone numbers provided. The hearing continued in her absence as she was emailed notice of this hearing date and time to her address for service.
This was the second hearing relating to this tenancy of a 3-bedroom house, garage and sleep-out.
Rent and water rates arrears and compensation for costs to clean and remove rubbish totalling $2,752.24 were ordered after the first hearing together with refund of the bond to the landlord.
The balance left to pay from the first order is $131.80 which I incorporate into this order.
This hearing assessed evidence relating to damage to the premises.

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 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). Tenants may be liable for more than this if damage is intentional. See section 49B(1) and (3) RTA.
Damage is intentional where a person intends to cause the damage. It is also intentional if a person does something, or allows a situation to continue, knowing that damage is a certainty. See Guo v Korck [2019] NZHC 1541.
The premises had been renovated inside just before this tenancy began which included the repainting of all interior walls.
The landlord has proved the following damage was caused during the tenancy and is more than wear and tear:- a. Nearly every wall in the two smaller bedrooms was drawn or scribbled on with pen; b. Two large holes (approximately 80cm x 80cm) under the window in a wall in one of these bedrooms; c. One very large hole (approximately 100cm x 60cm) under the heat pump in the lounge together with several smaller holes in walls and some drawing on the walls; d. Drawing on the hallway walls, chips in the paint and a hole in the wall behind the door (probably from the door handle); e. The dining room walls were repainted with a different colour but to a poor standard; f. Four bathroom floor tiles were cracked; g. One large dented and cracked area near the corner on one wall in the sleepout. At least three other holes just above skirting board height in two other walls (including where cables had been roughly installed), and two areas where the paint surface has been torn off (perhaps when removing posters or other items); h. The exterior of the garage fascia has a large hole (behind a basketball hoop) and the metal garage cladding was torn in one place.
The damage is more than fair wear and tear, and the tenant did not attend the hearings so has not disproved liability for the damage.
The tenant is liable to compensate the landlord.
I have calculated the compensation as follows:- a. The landlord has insurance that covers the damage to the interior of the main house. The insurance does not cover the sleepout or the garage. b. The total cost to the landlord of the repairs to the main house was $9,085.00 1 and it has received an insurance settlement of $4,635.00. c. The law says that if a landlord has insurance, the most that can be awarded for careless damage is the amount of any insurance excess. The insurer deducted 7 excesses for the different rooms and for removal of repairs rubbish. This is a total of $3,850.00. d. I have decided to award more than this for the damage to the main house because some of the damage looks to be intentional. For example, the very large holes under the heat pump and in one of the bedrooms. The walls must have been hit very hard to cause this damage. The repainting of the dining room is also intentional and is damage. Also, allowing children to draw or write on nearly every wall in two bedrooms and in the hallway and lounge is more than careless. I award $4,450.00 for the damage to the main house which is the cost to the landlord ($9,085.00) less the insurance payment ($4,635.00). e. I award the amount paid by the landlord to repair the cracked bathroom tiles which is $575.00. This was not covered by insurance. f. I award the amount to repair the garage outside walls which is $632.50 and was not covered by insurance. g. The damage to the sleepout was not covered by insurance. It cost the landlord $4,600.00 for repairs. I have not awarded the full amount as this amount is too much for the damage shown in the photographs. I award $1,750.00. 1 $7,300.00 for room repairs + $600.00 for rubbish removal + $1,185.00 gst = $9,085.00
I note that the repair invoice includes replacement of damaged laminated wood flooring in the hallway and kitchen. There were no photographs of this, so the damage is not proven, and no award can be made.
The landlord has substantially succeeded with the claim, so I award the filing fee and suppress its name, as sought.

Tenancy Tribunal case 4923321 — Property damage in Henderson, Auckland

At a glance

Tenancy Tribunal case 4923321 — Property damage in Henderson, Auckland

At a glance

Award balance

Claims & awards

Order

Reasons

Is the tenant responsible for the damage to the premises?

Topics & place

Key findings

Property management

Frequently asked questions

Award balance

Claims & awards

Order

Reasons

Is the tenant responsible for the damage to the premises?

Topics & place

Key findings

Property management

Frequently asked questions