What was Tenancy Tribunal case 4969448 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 4969448?

Cleaning: $615.00 awarded to landlord; Filing Fee: $27.00 awarded to landlord; Lawns and Garden Work: $195.00 awarded to landlord; Lightbulbs: $18.96 awarded to landlord; Property Damage: $119.00 awarded to landlord; Property Damage: $4,513.27 awarded to landlord; Replace furnishings: Back door pad b…: $22.40 awarded to landlord; Replace furnishings: curtains and tr…: $197.50 awarded to landlord; Replace Furnishings: Door Stops: $15.52 awarded to landlord; Replace Furnishings: Modem: $118.99 awarded to landlord; Replace Furnishings: Oven: $544.00 awarded to landlord; Replace Furnishings: Rangehood: $54.00 awarded to landlord; Replace furnishings: Toilet roll hol…: $9.88 awarded to landlord; Rubbish Removal: $1,125.00 awarded to landlord; Smoke Alarms: $28.98 awarded to landlord; Water Rates: $217.56 awarded to landlord

What type of tenancy dispute was case 4969448?

The primary dispute was Property damage. Related themes: Cleanliness, Smoke alarms.

Where can I read the official tribunal order for case 4969448?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/11349896-Tribunal_Order_Redacted.pdf.

What was Tenancy Tribunal case 4969448 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 4969448?

Cleaning: $615.00 awarded to landlord; Filing Fee: $27.00 awarded to landlord; Lawns and Garden Work: $195.00 awarded to landlord; Lightbulbs: $18.96 awarded to landlord; Property Damage: $119.00 awarded to landlord; Property Damage: $4,513.27 awarded to landlord; Replace furnishings: Back door pad b…: $22.40 awarded to landlord; Replace furnishings: curtains and tr…: $197.50 awarded to landlord; Replace Furnishings: Door Stops: $15.52 awarded to landlord; Replace Furnishings: Modem: $118.99 awarded to landlord; Replace Furnishings: Oven: $544.00 awarded to landlord; Replace Furnishings: Rangehood: $54.00 awarded to landlord; Replace furnishings: Toilet roll hol…: $9.88 awarded to landlord; Rubbish Removal: $1,125.00 awarded to landlord; Smoke Alarms: $28.98 awarded to landlord; Water Rates: $217.56 awarded to landlord

What type of tenancy dispute was case 4969448?

The primary dispute was Property damage. Related themes: Cleanliness, Smoke alarms.

Where can I read the official tribunal order for case 4969448?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/11349896-Tribunal_Order_Redacted.pdf.

New Zealand Tenancy Tribunal Case 4969448 — Property damage

Claims and awards in Tenancy Tribunal application 4969448 — net $7,822.06 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Cleaning	$615.00	Cleaning
Replace furnishings: curtains and tracks	$197.50	Replace furnishings: curtains and tracks
Repairs: wall repairs	$4,513.27	Repairs: wall repairs
Rubbish removal	$1,125.00	Rubbish removal
Lawns and Garden work: removing garden waste	$195.00	Lawns and Garden work: removing garden waste
Lock/key replacement	$119.00	Lock/key replacement
Replace smoke alarms	$28.98	Replace smoke alarms
Light bulbs/batteries	$18.96	Light bulbs/batteries
Replace furnishings: Door stops	$15.52	Replace furnishings: Door stops
Replace furnishings: Toilet roll holder	$9.88	Replace furnishings: Toilet roll holder
Replace furnishings: Back door pad bolt	$22.40	Replace furnishings: Back door pad bolt
Replace furnishings: Oven	$544.00	Replace furnishings: Oven
Replace furnishings: Rangehood	$54.00	Replace furnishings: Rangehood
Water rates to 22 July 2024	$217.56	Water rates to 22 July 2024
Replace furnishings: Modem	$118.99	Replace furnishings: Modem
Filing fee reimbursement	$27.00	Filing fee reimbursement
Net award	$7,822.06
Total payable by Tenant to Landlord	$7,822.06

Claims and awards in Tenancy Tribunal application 4969448 — net $7,822.06 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.

Claim

Landlord

Tenant

Reason

Cleaning

$615.00

Cleaning

Replace furnishings: curtains and tracks

$197.50

Replace furnishings: curtains and tracks

Repairs: wall repairs

$4,513.27

Repairs: wall repairs

Rubbish removal

$1,125.00

Rubbish removal

Lawns and Garden work: removing garden waste

$195.00

Lawns and Garden work: removing garden waste

Lock/key replacement

$119.00

Lock/key replacement

Replace smoke alarms

$28.98

Replace smoke alarms

Light bulbs/batteries

$18.96

Light bulbs/batteries

Replace furnishings: Door stops

$15.52

Replace furnishings: Door stops

Replace furnishings: Toilet roll holder

$9.88

Replace furnishings: Toilet roll holder

Replace furnishings: Back door pad bolt

$22.40

Replace furnishings: Back door pad bolt

Replace furnishings: Oven

$544.00

Replace furnishings: Oven

Replace furnishings: Rangehood

$54.00

Replace furnishings: Rangehood

Water rates to 22 July 2024

$217.56

Water rates to 22 July 2024

Replace furnishings: Modem

$118.99

Replace furnishings: Modem

Filing fee reimbursement

$27.00

Filing fee reimbursement

Net award

$7,822.06

Total payable by Tenant to Landlord

$7,822.06

Reasons

The landlord attended the hearing. The tenant did not attend the hearing; however, I am satisfied that service has been affected.

The landlord has applied for compensation, outgoings, and reimbursement of the filing fee following the end of the tenancy.

How much is owed for water rates?

The tenancy ended on 22 July 2024. The landlord provided rent records and water rates invoices which prove the amount owing at the end of the tenancy of $217.56.

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 landlord has provided photographs that prove that the tenant did not leave the premises reasonably clean and tidy and did not remove all rubbish. The landlord was required to engage cleaners and have a significant amount of furniture and rubbish removed. The landlord has provided invoices for: cleaning of $615.00, rubbish removal of $1,125.00, garden waste removal of $195.00.

The tenant did not return the keys. The landlord was required to engage a locksmith to change the locks and has provided evidence for the cost to do so of $119.00.

The following chattels were missing at the end of the tenancy: toilet roll holder, door stops, back door pad bolt and internet modem. The landlord also had to replace light bulbs and smoke alarms.

The landlord has provided evidence of the costs for these chattel replacements; toilet roll holder $9.88, door stops $15.52, door pad bolt $22.40, modem $118.99, $18.96 lightbulbs and $28.98 smoke alarms.

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 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. Damage and repairs to the walls and doors

The landlord alleges that during the tenancy holes were made in the walls and doors throughout the property. Holes were evident in the hallway, bedrooms, lounge, and dining room. There were also several door handles missing.

In some instances, the holes were large and in one instance the size of a door. Photographs were provided showing the holes in the wall, and the relative size using a tape measure next to each of the holes.

The landlord submits that most of these large holes were likely intentional, as the size of them together with the amount throughout the house, indicates an intentional act to cause damage, such as punching or kicking the walls or doors.

The landlord has repaired the damage and has provided an invoice for the works of $4,513.27. They did endeavour to claim insurance for the work however, as each hole was a new event, the insurance company considered that 12 excesses would be payable. As the insurance excess for the property is $550.00 it would have totalled more than the repair costs.

The evidence shows that the damage was likely intentional, and I do not have any evidence to the contrary. Accordingly, the tenant is liable for the cost of repair of $4,513.27.

The amount ordered is proved. Damage to the curtains

The landlord has provided photographic evidence that shows that during the tenancy the curtains and/or curtain rails/tracks were damaged or removed.

The landlord was required to replace curtains throughout the property and has claimed the cost of $395.00. They submit that the curtain damage was caused by carelessness by the tenant.

The curtains were estimated to be more than six years old but in good condition.

I have awarded an amount of $197.50 towards curtain replacement to reflect the likely age of the curtains. The amount ordered is proved. Damage to the oven and rangehood

During the tenancy the landlord provided a new oven. At the end of the tenancy the oven did not work and was unable to be fixed.

The landlord was required to replace the oven and has provided an invoice of $544.00 for the cost to do so. The tenant did not notify the landlord of any issues with the oven and the landlord submits that the oven damage was caused through careless use by the tenant.

The amount ordered is proved.

The rangehood had also been removed from the wall and was in the lounge. The landlord was not notified of any issues with the rangehood and submits that this damage was caused by tenant carelessness. The landlord replaced the rangehood at a total cost of $162.00. The rangehood was estimated to be more than 10 years old. As a result, I have awarded $54.00 towards the cost of replacement, being one-third of the total claimed cost.

The amount ordered is proved. Summary

The following damage was caused during the tenancy: walls and doors, curtains, rangehood and oven. The damage is more than fair wear and tear, and the tenant has not disproved liability for the damage.

The amounts ordered are proved.

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.

Because [The applicant/s] has wholly succeeded with the claim I must reimburse the filing fee. R Harvey-Lane 24 January 2025

Claims and awards in Tenancy Tribunal application 4969448 — net $7,822.06 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Cleaning	$615.00	Cleaning
Replace furnishings: curtains and tracks	$197.50	Replace furnishings: curtains and tracks
Repairs: wall repairs	$4,513.27	Repairs: wall repairs
Rubbish removal	$1,125.00	Rubbish removal
Lawns and Garden work: removing garden waste	$195.00	Lawns and Garden work: removing garden waste
Lock/key replacement	$119.00	Lock/key replacement
Replace smoke alarms	$28.98	Replace smoke alarms
Light bulbs/batteries	$18.96	Light bulbs/batteries
Replace furnishings: Door stops	$15.52	Replace furnishings: Door stops
Replace furnishings: Toilet roll holder	$9.88	Replace furnishings: Toilet roll holder
Replace furnishings: Back door pad bolt	$22.40	Replace furnishings: Back door pad bolt
Replace furnishings: Oven	$544.00	Replace furnishings: Oven
Replace furnishings: Rangehood	$54.00	Replace furnishings: Rangehood
Water rates to 22 July 2024	$217.56	Water rates to 22 July 2024
Replace furnishings: Modem	$118.99	Replace furnishings: Modem
Filing fee reimbursement	$27.00	Filing fee reimbursement
Net award	$7,822.06
Total payable by Tenant to Landlord	$7,822.06

Claims and awards in Tenancy Tribunal application 4969448 — net $7,822.06 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.

Claim

Landlord

Tenant

Reason

Cleaning

$615.00

Cleaning

Replace furnishings: curtains and tracks

$197.50

Replace furnishings: curtains and tracks

Repairs: wall repairs

$4,513.27

Repairs: wall repairs

Rubbish removal

$1,125.00

Rubbish removal

Lawns and Garden work: removing garden waste

$195.00

Lawns and Garden work: removing garden waste

Lock/key replacement

$119.00

Lock/key replacement

Replace smoke alarms

$28.98

Replace smoke alarms

Light bulbs/batteries

$18.96

Light bulbs/batteries

Replace furnishings: Door stops

$15.52

Replace furnishings: Door stops

Replace furnishings: Toilet roll holder

$9.88

Replace furnishings: Toilet roll holder

Replace furnishings: Back door pad bolt

$22.40

Replace furnishings: Back door pad bolt

Replace furnishings: Oven

$544.00

Replace furnishings: Oven

Replace furnishings: Rangehood

$54.00

Replace furnishings: Rangehood

Water rates to 22 July 2024

$217.56

Water rates to 22 July 2024

Replace furnishings: Modem

$118.99

Replace furnishings: Modem

Filing fee reimbursement

$27.00

Filing fee reimbursement

Net award

$7,822.06

Total payable by Tenant to Landlord

$7,822.06

Order

An application for suppression has been made in this case, and the Tribunal orders suppression of the landlord’s name and identifying details.
Wairangiora Tahana must pay [The landlord/s] $7,817.12 immediately, as calculated in table below:

Reasons

The landlord attended the hearing. The tenant did not attend the hearing; however, I am satisfied that service has been affected.
The landlord has applied for compensation, outgoings, and reimbursement of the filing fee following the end of the tenancy.

How much is owed for water rates?

The tenancy ended on 22 July 2024. The landlord provided rent records and water rates invoices which prove the amount owing at the end of the tenancy of $217.56.

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 landlord has provided photographs that prove that the tenant did not leave the premises reasonably clean and tidy and did not remove all rubbish. The landlord was required to engage cleaners and have a significant amount of furniture and rubbish removed. The landlord has provided invoices for: cleaning of $615.00, rubbish removal of $1,125.00, garden waste removal of $195.00.
The tenant did not return the keys. The landlord was required to engage a locksmith to change the locks and has provided evidence for the cost to do so of $119.00.
The following chattels were missing at the end of the tenancy: toilet roll holder, door stops, back door pad bolt and internet modem. The landlord also had to replace light bulbs and smoke alarms.
The landlord has provided evidence of the costs for these chattel replacements; toilet roll holder $9.88, door stops $15.52, door pad bolt $22.40, modem $118.99, $18.96 lightbulbs and $28.98 smoke alarms.
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 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. Damage and repairs to the walls and doors
The landlord alleges that during the tenancy holes were made in the walls and doors throughout the property. Holes were evident in the hallway, bedrooms, lounge, and dining room. There were also several door handles missing.
In some instances, the holes were large and in one instance the size of a door. Photographs were provided showing the holes in the wall, and the relative size using a tape measure next to each of the holes.
The landlord submits that most of these large holes were likely intentional, as the size of them together with the amount throughout the house, indicates an intentional act to cause damage, such as punching or kicking the walls or doors.
The landlord has repaired the damage and has provided an invoice for the works of $4,513.27. They did endeavour to claim insurance for the work however, as each hole was a new event, the insurance company considered that 12 excesses would be payable. As the insurance excess for the property is $550.00 it would have totalled more than the repair costs.
The evidence shows that the damage was likely intentional, and I do not have any evidence to the contrary. Accordingly, the tenant is liable for the cost of repair of $4,513.27.
The amount ordered is proved. Damage to the curtains
The landlord has provided photographic evidence that shows that during the tenancy the curtains and/or curtain rails/tracks were damaged or removed.
The landlord was required to replace curtains throughout the property and has claimed the cost of $395.00. They submit that the curtain damage was caused by carelessness by the tenant.
The curtains were estimated to be more than six years old but in good condition.
I have awarded an amount of $197.50 towards curtain replacement to reflect the likely age of the curtains. The amount ordered is proved. Damage to the oven and rangehood
During the tenancy the landlord provided a new oven. At the end of the tenancy the oven did not work and was unable to be fixed.
The landlord was required to replace the oven and has provided an invoice of $544.00 for the cost to do so. The tenant did not notify the landlord of any issues with the oven and the landlord submits that the oven damage was caused through careless use by the tenant.
The amount ordered is proved.
The rangehood had also been removed from the wall and was in the lounge. The landlord was not notified of any issues with the rangehood and submits that this damage was caused by tenant carelessness. The landlord replaced the rangehood at a total cost of $162.00. The rangehood was estimated to be more than 10 years old. As a result, I have awarded $54.00 towards the cost of replacement, being one-third of the total claimed cost.
The amount ordered is proved. Summary
The following damage was caused during the tenancy: walls and doors, curtains, rangehood and oven. The damage is more than fair wear and tear, and the tenant has not disproved liability for the damage.
The amounts ordered are proved.
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.
Because [The applicant/s] has wholly succeeded with the claim I must reimburse the filing fee. R Harvey-Lane 24 January 2025

Tenancy Tribunal case 4969448 — Property damage

At a glance

Tenancy Tribunal case 4969448 — Property damage

At a glance

Award balance

Claims & awards

Order

Reasons

How much is owed for water rates?

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 water rates?

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