What was the outcome of Tenancy Tribunal case 4929695?

The tribunal order states: Aaron Thomas Kira must pay John Knight AND Sally MacLean $4,677.54

How much money was awarded in case 4929695?

Filing Fee: $27.00 awarded to landlord; Removal Of Rubbish And Unwanted Pers…: $517.50 awarded to landlord; Property Damage: $217.29 awarded to landlord; Property Damage: $977.50 awarded to landlord; Property Damage: $1,293.75 awarded to landlord; Property Damage: $1,644.50 awarded to landlord

What type of tenancy dispute was case 4929695?

The primary dispute was Property damage.

Where can I read the official tribunal order for case 4929695?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/10941279-Tenancy_Tribunal_Order.pdf.

What was the outcome of Tenancy Tribunal case 4929695?

The tribunal order states: Aaron Thomas Kira must pay John Knight AND Sally MacLean $4,677.54

How much money was awarded in case 4929695?

Filing Fee: $27.00 awarded to landlord; Removal Of Rubbish And Unwanted Pers…: $517.50 awarded to landlord; Property Damage: $217.29 awarded to landlord; Property Damage: $977.50 awarded to landlord; Property Damage: $1,293.75 awarded to landlord; Property Damage: $1,644.50 awarded to landlord

What type of tenancy dispute was case 4929695?

The primary dispute was Property damage.

Where can I read the official tribunal order for case 4929695?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/10941279-Tenancy_Tribunal_Order.pdf.

19 Aporo Drive, Kumeu, Kumeu 0810 Tenancy Tribunal Case 4929695 — Property damage

Reasons

Claims and awards in Tenancy Tribunal application 4929695 — net $4,677.54 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Removal of rubbish and unwanted personal items	$517.50	Removal of rubbish and unwanted personal items
Repairs: Damage to fence	$977.50	Repairs: Damage to fence
Repairs: Damage to interior of house	$1,293.75	Repairs: Damage to interior of house
Repairs: Damage to exterior of house	$217.29	Repairs: Damage to exterior of house
Replace furnishings: Carpet installation after damage to laminate flooring	$1,644.50	Replace furnishings: Carpet installation after damage to laminate flooring
Filing fee reimbursement	$27.00	Filing fee reimbursement
Net award	$4,677.54
Total payable by Tenant to Landlord	$4,677.54

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. I tried to call him on his mobile phone and left a message with instructions about how he could attend the hearing.

The landlord has applied for compensation and reimbursement of the filing fee following 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. Dog related damage to the fence that required repairs and partial repainting of the fence; b. Dog related damage to the laminate flooring that was replaced with carpet as this was a considerably less expensive option; c. Damage to walls and doorframes throughout the house that required hook removal, plastering and painting; d. Missing manhole cover; e. Damage from removal of unauthorised cameras.

I am satisfied that this damage was caused by the careless acts or omissions of the tenant and the damage is more than fair wear and tear. The tenant has not disproved liability for the damage.

The amounts ordered are proved.

The landlords have confirmed this careless damage is not covered by their insurance company.

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 John Knight AND Sally MacLean has wholly succeeded with the claim I must reimburse the filing fee.

Claims and awards in Tenancy Tribunal application 4929695 — net $4,677.54 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Removal of rubbish and unwanted personal items	$517.50	Removal of rubbish and unwanted personal items
Repairs: Damage to fence	$977.50	Repairs: Damage to fence
Repairs: Damage to interior of house	$1,293.75	Repairs: Damage to interior of house
Repairs: Damage to exterior of house	$217.29	Repairs: Damage to exterior of house
Replace furnishings: Carpet installation after damage to laminate flooring	$1,644.50	Replace furnishings: Carpet installation after damage to laminate flooring
Filing fee reimbursement	$27.00	Filing fee reimbursement
Net award	$4,677.54
Total payable by Tenant to Landlord	$4,677.54

Order

Aaron Thomas Kira must pay John Knight AND Sally MacLean $4,677.54 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. I tried to call him on his mobile phone and left a message with instructions about how he could attend the hearing.
The landlord has applied for compensation and reimbursement of the filing fee following 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. Dog related damage to the fence that required repairs and partial repainting of the fence; b. Dog related damage to the laminate flooring that was replaced with carpet as this was a considerably less expensive option; c. Damage to walls and doorframes throughout the house that required hook removal, plastering and painting; d. Missing manhole cover; e. Damage from removal of unauthorised cameras.
I am satisfied that this damage was caused by the careless acts or omissions of the tenant and the damage is more than fair wear and tear. The tenant has not disproved liability for the damage.
The amounts ordered are proved.
The landlords have confirmed this careless damage is not covered by their insurance company.
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 John Knight AND Sally MacLean has wholly succeeded with the claim I must reimburse the filing fee.

Tenancy Tribunal case 4929695 — Property damage at 19 Aporo Drive, Kumeu, Kumeu 0810

At a glance

Tenancy Tribunal case 4929695 — Property damage at 19 Aporo Drive, Kumeu, Kumeu 0810

At a glance

Award balance

Claims & awards

Order

Reasons

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

Is the tenant responsible for the damage to the premises?

Topics & place

Residential Tenancies Act sections

Key findings

Frequently asked questions