What was Tenancy Tribunal case 4960713 about?

The tribunal order states: Lydia Pirihita Tekura must pay [The landlord/s] $4,764.40 immediately,

How much money was awarded in case 4960713?

Filing Fee: $27.00 awarded to landlord; Property Damage: $1,100.00 awarded to landlord; Property Damage: $775.00 awarded to landlord; Property Damage: $550.00 awarded to landlord; Property Damage: $431.00 awarded to landlord; Rubbish Removal: $1,881.40 awarded to landlord

What type of tenancy dispute was case 4960713?

The primary dispute was Property damage.

Where can I read the official tribunal order for case 4960713?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/10949959-Tribunal_Order_Redacted.pdf.

What was Tenancy Tribunal case 4960713 about?

The tribunal order states: Lydia Pirihita Tekura must pay [The landlord/s] $4,764.40 immediately,

How much money was awarded in case 4960713?

Filing Fee: $27.00 awarded to landlord; Property Damage: $1,100.00 awarded to landlord; Property Damage: $775.00 awarded to landlord; Property Damage: $550.00 awarded to landlord; Property Damage: $431.00 awarded to landlord; Rubbish Removal: $1,881.40 awarded to landlord

What type of tenancy dispute was case 4960713?

The primary dispute was Property damage.

Where can I read the official tribunal order for case 4960713?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/10949959-Tribunal_Order_Redacted.pdf.

217 College Street, West End, Palmerston North 4412 Tenancy Tribunal Case 4960713 — Property damage

Reasons

Claims and awards in Tenancy Tribunal application 4960713 — net $4,764.40 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Carpet and floorboard replacement	$1,100.00	Carpet and floorboard replacement
Curtain replacement lounge and bedroom	$775.00	Curtain replacement lounge and bedroom
Bathroom wall damage	$550.00	Bathroom wall damage
Lock/key replacement	$431.00	Lock/key replacement
Cleaning and rubbish removal	$1,881.40	Cleaning and rubbish removal
Filing fee reimbursement	$27.00	Filing fee reimbursement
Net award	$4,764.40
Total payable by Tenant to Landlord	$4,764.40

Only the applicant landlord attended the hearing. Ms Tekura did not join the on line video meeting and could not be contacted on her cell phone.

The landlord has applied for compensation and reimbursement of the filing fee following 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 must also replace standard light bulbs.

The tenant did not leave the premises reasonably clean and tidy, and did not remove all rubbish.

The tenant did not return the keys.

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 following damage was caused during the tenancy: 1) the carpets in the lounge and hallway and one of the bedrooms were so badly stained and damaged replacement was more economic than repair/cleaning. 2) The curtains in the lounge and one bedroom were ripped, pulled and stained. 3) The floorboards in the bathroom were water damaged and had a hole.

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

The amounts ordered are proved. The tenant is fortunate that the landlord insurance has covered the replacement of the carpets and repairs to the flooring, so the amount ordered is the excess of $550 per claim.

I have taken into account betterment and depreciation when assessing a fair contribution from the tenant towards the cost of replacing the curtains/drapes. 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.

The tenant is to pay the filing fee and the landlord request for suppression is granted as the application is largely successful. The bond has been used for rent arrears so no reimbursement is ordered.

Claims and awards in Tenancy Tribunal application 4960713 — net $4,764.40 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Carpet and floorboard replacement	$1,100.00	Carpet and floorboard replacement
Curtain replacement lounge and bedroom	$775.00	Curtain replacement lounge and bedroom
Bathroom wall damage	$550.00	Bathroom wall damage
Lock/key replacement	$431.00	Lock/key replacement
Cleaning and rubbish removal	$1,881.40	Cleaning and rubbish removal
Filing fee reimbursement	$27.00	Filing fee reimbursement
Net award	$4,764.40
Total payable by Tenant to Landlord	$4,764.40

Order

Lydia Pirihita Tekura must pay [The landlord/s] $4,764.40 immediately, calculated as shown in table below.

Reasons

Only the applicant landlord attended the hearing. Ms Tekura did not join the on line video meeting and could not be contacted on her cell phone.
The landlord has applied for compensation and reimbursement of the filing fee following 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 must also replace standard light bulbs.
The tenant did not leave the premises reasonably clean and tidy, and did not remove all rubbish.
The tenant did not return the keys.
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 following damage was caused during the tenancy: 1) the carpets in the lounge and hallway and one of the bedrooms were so badly stained and damaged replacement was more economic than repair/cleaning. 2) The curtains in the lounge and one bedroom were ripped, pulled and stained. 3) The floorboards in the bathroom were water damaged and had a hole.
The damage is more than fair wear and tear, and the tenant has not disproved liability for the damage.
The amounts ordered are proved. The tenant is fortunate that the landlord insurance has covered the replacement of the carpets and repairs to the flooring, so the amount ordered is the excess of $550 per claim.
I have taken into account betterment and depreciation when assessing a fair contribution from the tenant towards the cost of replacing the curtains/drapes. 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.
The tenant is to pay the filing fee and the landlord request for suppression is granted as the application is largely successful. The bond has been used for rent arrears so no reimbursement is ordered.

Tenancy Tribunal case 4960713 — Property damage at 217 College Street, West End, Palmerston North 4412

At a glance

Tenancy Tribunal case 4960713 — Property damage at 217 College Street, West End, Palmerston North 4412

At a glance

Award balance

Claims & awards

Order

Reasons

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

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