What was Tenancy Tribunal case 4938153 about?

The tribunal order states: Frances Mataia must pay [The landlord/s] $2,028.81 immediately, calculated as

How much money was awarded in case 4938153?

Rent Arrears: $3,705.00 awarded to landlord; Shower Head, Rail And Mixer: $561.96 awarded to landlord; Water Rates: $761.85 awarded to landlord

What type of tenancy dispute was case 4938153?

The primary dispute was Rent arrears.

Where can I read the official tribunal order for case 4938153?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/10676727-Tribunal_Order_Redacted.pdf.

What was Tenancy Tribunal case 4938153 about?

The tribunal order states: Frances Mataia must pay [The landlord/s] $2,028.81 immediately, calculated as

How much money was awarded in case 4938153?

Rent Arrears: $3,705.00 awarded to landlord; Shower Head, Rail And Mixer: $561.96 awarded to landlord; Water Rates: $761.85 awarded to landlord

What type of tenancy dispute was case 4938153?

The primary dispute was Rent arrears.

Where can I read the official tribunal order for case 4938153?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/10676727-Tribunal_Order_Redacted.pdf.

29 Stewart Road, Mount Albert, Auckland 1025 Tenancy Tribunal Case 4938153 — Rent arrears

Reasons

Claims and awards in Tenancy Tribunal application 4938153 — net $2,028.81 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears to 21 June 2024	$3,705.00	Rent arrears to 21 June 2024
Water rates	$761.85	Water rates
Shower head, rail and mixer	$561.96	Shower head, rail and mixer
Net award	$2,028.81
Total payable by Tenant to Landlord	$2,028.81

Both parties attended the hearing.

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

How much is owed for rent and water rates?

The tenancy began on 3 January 2021 and was fixed until 4 January 2028. The tenancy terminated early by agreement on 21 June 2024.

The landlord provided rent records and water rates invoices which prove the amounts owing at the end of the tenancy. The rent was in arrears of $3,705.00 on 21 June 2024. Outstanding water rates totalled $761.85.

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.

I find that the following damage was caused during the tenancy: a. Broken shower head and rail. b. Broken shower mixer. c. Rust and mould on the shower box.

The damage in respect of the shower head, rail and mixer is more than fair wear and tear, and the tenant has not disproved liability for the damage.

I consider the rust and mould on the shower box to be fair wear and tear. The shower was four years old at the beginning of the tenancy and five and a half years old at the end. Although the tenancy agreement only referenced one tenant, a maximum of seven occupants were permitted to reside at the property. The tenant advised the Tribunal that this was the case, and that there was only one shower, which was used frequently. Considering the age of the shower and frequency of use, I find the rust and mould to be fair wear and tear, rather than intentional damage. The landlord’s application for compensation to replace the shower box and waste tray is dismissed.

The amounts ordered in respect of the shower head, rail and mixer 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 [The applicant/s] has substantially succeeded with the claim I have reimbursed the filing fee.

Claims and awards in Tenancy Tribunal application 4938153 — net $2,028.81 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears to 21 June 2024	$3,705.00	Rent arrears to 21 June 2024
Water rates	$761.85	Water rates
Shower head, rail and mixer	$561.96	Shower head, rail and mixer
Net award	$2,028.81
Total payable by Tenant to Landlord	$2,028.81

Order

Frances Mataia must pay [The landlord/s] $2,028.81 immediately, calculated as shown in table below.
The Bond Centre is to pay the bond of $3,000.00 ([Bond number suppressed]) to [The landlord/s] immediately.

Reasons

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

How much is owed for rent and water rates?

The tenancy began on 3 January 2021 and was fixed until 4 January 2028. The tenancy terminated early by agreement on 21 June 2024.
The landlord provided rent records and water rates invoices which prove the amounts owing at the end of the tenancy. The rent was in arrears of $3,705.00 on 21 June 2024. Outstanding water rates totalled $761.85.

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.
I find that the following damage was caused during the tenancy: a. Broken shower head and rail. b. Broken shower mixer. c. Rust and mould on the shower box.
The damage in respect of the shower head, rail and mixer is more than fair wear and tear, and the tenant has not disproved liability for the damage.
I consider the rust and mould on the shower box to be fair wear and tear. The shower was four years old at the beginning of the tenancy and five and a half years old at the end. Although the tenancy agreement only referenced one tenant, a maximum of seven occupants were permitted to reside at the property. The tenant advised the Tribunal that this was the case, and that there was only one shower, which was used frequently. Considering the age of the shower and frequency of use, I find the rust and mould to be fair wear and tear, rather than intentional damage. The landlord’s application for compensation to replace the shower box and waste tray is dismissed.
The amounts ordered in respect of the shower head, rail and mixer 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 [The applicant/s] has substantially succeeded with the claim I have reimbursed the filing fee.

Tenancy Tribunal case 4938153 — Rent arrears at 29 Stewart Road, Mount Albert, Auckland 1025

At a glance

Tenancy Tribunal case 4938153 — Rent arrears at 29 Stewart Road, Mount Albert, Auckland 1025

At a glance

Award balance

Claims & awards

Order

Reasons

How much is owed for rent and water rates?

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 and water rates?

Is the tenant responsible for the damage to the premises?

Topics & place

Residential Tenancies Act sections

Key findings

Frequently asked questions