What was Tenancy Tribunal case 4953733 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 4953733?

Rubbish Removal: $1,150.00 awarded to landlord; Filing Fee: $27.00 awarded to landlord; Garage Door: $3,450.00 awarded to landlord; Property Damage: $600.00 awarded to landlord; Rent Arrears: $600.00 awarded to landlord; Change Doors: $1,735.00 awarded to landlord; Fireplace Surrounds: $1,200.00 awarded to landlord; Fixing Doors: $1,035.00 awarded to landlord; Holes In Walls: $6,000.00 awarded to landlord; Kitchen Bench Top: $1,200.00 awarded to landlord; Painting: $4,000.00 awarded to landlord; Replace Flooring In Bathroom And Toi…: $2,500.00 awarded to landlord; Replace Furnishings: $27.60 awarded to landlord; Property Damage: $3,000.00 awarded to landlord; Rubbish Removal: $1,035.00 awarded to landlord

What type of tenancy dispute was case 4953733?

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

Where can I read the official tribunal order for case 4953733?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/11179229-Tribunal_Order_Redacted.pdf.

What was Tenancy Tribunal case 4953733 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 4953733?

Rubbish Removal: $1,150.00 awarded to landlord; Filing Fee: $27.00 awarded to landlord; Garage Door: $3,450.00 awarded to landlord; Property Damage: $600.00 awarded to landlord; Rent Arrears: $600.00 awarded to landlord; Change Doors: $1,735.00 awarded to landlord; Fireplace Surrounds: $1,200.00 awarded to landlord; Fixing Doors: $1,035.00 awarded to landlord; Holes In Walls: $6,000.00 awarded to landlord; Kitchen Bench Top: $1,200.00 awarded to landlord; Painting: $4,000.00 awarded to landlord; Replace Flooring In Bathroom And Toi…: $2,500.00 awarded to landlord; Replace Furnishings: $27.60 awarded to landlord; Property Damage: $3,000.00 awarded to landlord; Rubbish Removal: $1,035.00 awarded to landlord

What type of tenancy dispute was case 4953733?

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

Where can I read the official tribunal order for case 4953733?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/11179229-Tribunal_Order_Redacted.pdf.

26 Dreadon Road, Manurewa, Auckland 2102 Tenancy Tribunal Case 4953733 — Property damage

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26 Dreadon Road, Manurewa, Auckland 2102 Tenancy Tribunal Case 4953733 — 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 4953733 — net $25,159.60 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears to 29 May 2024	$600.00	Rent arrears to 29 May 2024
Replace furnishings: Carpet intentional damage	$3,000.00	Replace furnishings: Carpet intentional damage
Repairs: Change doors	$1,735.00	Repairs: Change doors
Repairs: fixing doors	$1,035.00	Repairs: fixing doors
Lock/key replacement	$600.00	Lock/key replacement
Cleaning: and rubbish removal labour costs	$1,150.00	Cleaning: and rubbish removal labour costs
Rubbish removal	$1,035.00	Rubbish removal
Replace furnishings	$27.60	Replace furnishings
Repairs: Kitchen bench top	$1,200.00	Repairs: Kitchen bench top
Garage door	$3,450.00	Garage door
replace flooring in bathroom and toilet	$2,500.00	replace flooring in bathroom and toilet
Repairs: Painting	$4,000.00	Repairs: Painting
Repairs: Holes in walls	$6,000.00	Repairs: Holes in walls
Repairs: Fireplace surrounds	$1,200.00	Repairs: Fireplace surrounds
Filing fee reimbursement	$27.00	Filing fee reimbursement
Net award	$25,159.60
Total payable by Tenant to Landlord	$25,159.60

Claims and awards for application 4953733 — net $25,159.60 NZD. Verify on MoJ.

Rent arrears to 29 May 2024

Amount: $600.00
Awarded to: Landlord
Reason: Rent arrears to 29 May 2024

Replace furnishings: Carpet intentional damage

Amount: $3,000.00
Awarded to: Landlord
Reason: Replace furnishings: Carpet intentional damage

Repairs: Change doors

Amount: $1,735.00
Awarded to: Landlord
Reason: Repairs: Change doors

Repairs: fixing doors

Amount: $1,035.00
Awarded to: Landlord
Reason: Repairs: fixing doors

Lock/key replacement

Amount: $600.00
Awarded to: Landlord
Reason: Lock/key replacement

Claim types — money lines allowed on this order

Rubbish Removal Filing Fee Property damage Rent arrears

Order

An application for suppression has been made in this case, and the Tribunal orders suppression of the Landlord’s name and identifying details.
Katrina Nelio must pay [The landlord/s] $25,159.60 immediately, calculated as shown in table below.
The Bond Centre is to pay the bond of $2,400.00 ([Bond number suppressed]) to [The landlord/s] immediately.

Reasons

The landlord attended today’s hearing. The tenant did not attend. I am satisfied that the tenant has been given notice of the hearing and have proceeded in her absence.
The landlord has applied for rent arrears, compensation and repair costs for damage to the premises, refund of the bond, and reimbursement of the filing fee following the end of the tenancy.

How much is owed for rent?

The tenancy ended on 29 May 2024 by tribunal order (see TT 4863947). The tenancy was terminated as a result of the damage to the property caused by the tenant or people at the property with her permission. The landlord provided rent records invoices which prove the amount owing at 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 is required to replace worn out smoke alarm batteries during the tenancy. See section 40(1)(ca) Residential Tenancies Act 1986.
The tenant did not leave the premises reasonably clean and tidy and did not remove all rubbish. The tenants left an extensive amount of rubbish and belongings behind that she told the landlord she did not want. Some of these items were large such as mattresses and an old lounge suite. The landlord had to obtain 2 large skip bins to dispose of the rubbish. The landlord had to put all the rubbish into the skip bins and clean the house which was left in a terrible condition.
The tenant did not return the keys.
The heat pump remote was missing at the end of the tenancy.
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.
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 damage to the property was extensive. The landlord provided the Tribunal with photographs of the property at the beginning of the tenancy, those taken at regular inspections and again at the end of the tenancy. The tenants substantially damaged the property. Almost every wall and door was damaged with holes or gouge/slash marks that looked to be deliberate, windows were broken 1 the garage door was removed and ply put up in its place, the brick fireplace surrounds were chipped off, the kitchen laminex bench top was pulled off, the toilet and bathroom floor were flooded with water causing the laminate floorboards to lift, the carpet was extensively stained, paint or ink was spilled on the carpet, there was graffiti on the walls and letterbox, doors and curtains had been ripped from the frames or off the wall.
Almost all of the damage appears intentional, the holes in the walls and doors look to have been done by someone hitting something into the walls and doors, like an axe or steel pipe.
The amounts ordered are proved. 1 The landlord received insurance cover for the total cost of the windows.
The landlord sought $9200 for the toilet and bathroom floor costs. I consider this amount excessive for the repair work that was needed as a result of the tenant breach. There was no breakdown provided on why this amount was so high.
The landlord received insurance cover for some items. I have taken that into account.
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. I have also taken into account that the landlord has had to fund the repairs which is a considerable amount of money. The landlord would not have been expecting or planning on this expense.
Because [The applicant/s] has substantially succeeded with the claim I have reimbursed the filing fee and given the landlord name suppression as requested.

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 4953733 — net $25,159.60 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears to 29 May 2024	$600.00	Rent arrears to 29 May 2024
Replace furnishings: Carpet intentional damage	$3,000.00	Replace furnishings: Carpet intentional damage
Repairs: Change doors	$1,735.00	Repairs: Change doors
Repairs: fixing doors	$1,035.00	Repairs: fixing doors
Lock/key replacement	$600.00	Lock/key replacement
Cleaning: and rubbish removal labour costs	$1,150.00	Cleaning: and rubbish removal labour costs
Rubbish removal	$1,035.00	Rubbish removal
Replace furnishings	$27.60	Replace furnishings
Repairs: Kitchen bench top	$1,200.00	Repairs: Kitchen bench top
Garage door	$3,450.00	Garage door
replace flooring in bathroom and toilet	$2,500.00	replace flooring in bathroom and toilet
Repairs: Painting	$4,000.00	Repairs: Painting
Repairs: Holes in walls	$6,000.00	Repairs: Holes in walls
Repairs: Fireplace surrounds	$1,200.00	Repairs: Fireplace surrounds
Filing fee reimbursement	$27.00	Filing fee reimbursement
Net award	$25,159.60
Total payable by Tenant to Landlord	$25,159.60

Claims and awards for application 4953733 — net $25,159.60 NZD. Verify on MoJ.

Rent arrears to 29 May 2024

Amount: $600.00
Awarded to: Landlord
Reason: Rent arrears to 29 May 2024

Replace furnishings: Carpet intentional damage

Amount: $3,000.00
Awarded to: Landlord
Reason: Replace furnishings: Carpet intentional damage

Repairs: Change doors

Amount: $1,735.00
Awarded to: Landlord
Reason: Repairs: Change doors

Repairs: fixing doors

Amount: $1,035.00
Awarded to: Landlord
Reason: Repairs: fixing doors

Lock/key replacement

Amount: $600.00
Awarded to: Landlord
Reason: Lock/key replacement

Claim types — money lines allowed on this order

Rubbish Removal Filing Fee Property damage Rent arrears

Order

An application for suppression has been made in this case, and the Tribunal orders suppression of the Landlord’s name and identifying details.
Katrina Nelio must pay [The landlord/s] $25,159.60 immediately, calculated as shown in table below.
The Bond Centre is to pay the bond of $2,400.00 ([Bond number suppressed]) to [The landlord/s] immediately.

Reasons

The landlord attended today’s hearing. The tenant did not attend. I am satisfied that the tenant has been given notice of the hearing and have proceeded in her absence.
The landlord has applied for rent arrears, compensation and repair costs for damage to the premises, refund of the bond, and reimbursement of the filing fee following the end of the tenancy.

How much is owed for rent?

The tenancy ended on 29 May 2024 by tribunal order (see TT 4863947). The tenancy was terminated as a result of the damage to the property caused by the tenant or people at the property with her permission. The landlord provided rent records invoices which prove the amount owing at 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 is required to replace worn out smoke alarm batteries during the tenancy. See section 40(1)(ca) Residential Tenancies Act 1986.
The tenant did not leave the premises reasonably clean and tidy and did not remove all rubbish. The tenants left an extensive amount of rubbish and belongings behind that she told the landlord she did not want. Some of these items were large such as mattresses and an old lounge suite. The landlord had to obtain 2 large skip bins to dispose of the rubbish. The landlord had to put all the rubbish into the skip bins and clean the house which was left in a terrible condition.
The tenant did not return the keys.
The heat pump remote was missing at the end of the tenancy.
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.
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 damage to the property was extensive. The landlord provided the Tribunal with photographs of the property at the beginning of the tenancy, those taken at regular inspections and again at the end of the tenancy. The tenants substantially damaged the property. Almost every wall and door was damaged with holes or gouge/slash marks that looked to be deliberate, windows were broken 1 the garage door was removed and ply put up in its place, the brick fireplace surrounds were chipped off, the kitchen laminex bench top was pulled off, the toilet and bathroom floor were flooded with water causing the laminate floorboards to lift, the carpet was extensively stained, paint or ink was spilled on the carpet, there was graffiti on the walls and letterbox, doors and curtains had been ripped from the frames or off the wall.
Almost all of the damage appears intentional, the holes in the walls and doors look to have been done by someone hitting something into the walls and doors, like an axe or steel pipe.
The amounts ordered are proved. 1 The landlord received insurance cover for the total cost of the windows.
The landlord sought $9200 for the toilet and bathroom floor costs. I consider this amount excessive for the repair work that was needed as a result of the tenant breach. There was no breakdown provided on why this amount was so high.
The landlord received insurance cover for some items. I have taken that into account.
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. I have also taken into account that the landlord has had to fund the repairs which is a considerable amount of money. The landlord would not have been expecting or planning on this expense.
Because [The applicant/s] has substantially succeeded with the claim I have reimbursed the filing fee and given the landlord name suppression as requested.

Tenancy Tribunal case 4953733 — Property damage at 26 Dreadon Road, Manurewa, Auckland 2102

At a glance

Tenancy Tribunal case 4953733 — Property damage at 26 Dreadon Road, Manurewa, Auckland 2102

At a glance

Award balance

Claims & awards

Order

Reasons

How much is owed for rent?

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

How much is owed for rent?

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