What was Tenancy Tribunal case 4972453 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 4972453?

Filing Fee: $27.00 awarded to landlord; Property Damage: $111.38 awarded to landlord; Property Damage: $300.00 awarded to landlord; Window: $186.00 awarded to landlord; Smoke Alarms: $31.04 awarded to landlord; Water Rates: $38.01 awarded to landlord; Water Rates: $62.27 awarded to landlord

What type of tenancy dispute was case 4972453?

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

Where can I read the official tribunal order for case 4972453?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/11826653-Tribunal_Order_Redacted.pdf.

What was Tenancy Tribunal case 4972453 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 4972453?

Filing Fee: $27.00 awarded to landlord; Property Damage: $111.38 awarded to landlord; Property Damage: $300.00 awarded to landlord; Window: $186.00 awarded to landlord; Smoke Alarms: $31.04 awarded to landlord; Water Rates: $38.01 awarded to landlord; Water Rates: $62.27 awarded to landlord

What type of tenancy dispute was case 4972453?

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

Where can I read the official tribunal order for case 4972453?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/11826653-Tribunal_Order_Redacted.pdf.

New Zealand Tenancy Tribunal Case 4972453 — Property damage

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New Zealand Tenancy Tribunal Case 4972453 — 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 4972453 — net $755.70 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Water rates: 25/2/22-31/8/22	$38.01	Water rates: 25/2/22-31/8/22
Water rates: 9/1/21-25/4/22	$62.27	Water rates: 9/1/21-25/4/22
Filing fee reimbursement	$27.00	Filing fee reimbursement
Lock/key replacement	$111.38	Lock/key replacement
Repairs: Window	$186.00	Repairs: Window
Repairs: Smoke damaged wall	$300.00	Repairs: Smoke damaged wall
Smoke alarms	$31.04	Smoke alarms
Net award	$755.70
Bond	$580.00
Total payable by Tenant to Landlord	$755.70

Claims and awards for application 4972453 — net $755.70 NZD. Verify on MoJ.

Water rates: 25/2/22-31/8/22

Amount: $38.01
Awarded to: Landlord
Reason: Water rates: 25/2/22-31/8/22

Water rates: 9/1/21-25/4/22

Amount: $62.27
Awarded to: Landlord
Reason: Water rates: 9/1/21-25/4/22

Filing fee reimbursement

Amount: $27.00
Awarded to: Landlord
Reason: Filing fee reimbursement

Lock/key replacement

Amount: $111.38
Awarded to: Landlord
Reason: Lock/key replacement

Repairs: Window

Amount: $186.00
Awarded to: Landlord
Reason: Repairs: Window

Claim types — money lines allowed on this order

Filing Fee Property damage Replace Smoke Alarms Water Rates

Order

An application for suppression has been made in this case, and the Tribunal orders suppression of the landlord’s name and identifying details.
Debbie Apiata must pay [The landlord/s] $175.70 immediately from the bond, calculated as shown in table below:
The Bond Centre is to pay the bond of $580.00 ([Bond number suppressed]) to [The landlord/s] immediately.
The landlords only seek payment of the Bond, therefore no additional order is made for the tenant to pay the balance of claims in the table above.
The balance of the claims are dismissed.

Reasons

The landlord attended the hearing by video call.
The tenant was telephoned on the phone number provided but the phone call went unanswered. I am satisfied the tenant was properly served with notice of the hearing. The hearing proceeded in her absence.
The landlord has applied for water rates, compensation, refund of the bond, and reimbursement of the filing fee following the end of the tenancy.

How much is owed for rent arrears and water rates?

The tenancy ended on 19 August 2022, however the tenants remained at the premises for approximately a further week following the end of the tenancy. The rent summary states there is a small credit, however I have not deducted this from the amount owing as the tenants were liable for rent for time until they provided vacant possession. The landlord provided water rates 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 must also replace standard light bulbs.
The tenant did not return the keys.
The landlord had to replace 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 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 window was broken and the kitchen wall was burnt. 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 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. The amounts ordered are for repairs only.
As the landlord has been substantially successful with the claim I have reimbursed the filing fee.
The landlord sought suppression and as the application is successful, I have made an order accordingly.

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 4972453 — net $755.70 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Water rates: 25/2/22-31/8/22	$38.01	Water rates: 25/2/22-31/8/22
Water rates: 9/1/21-25/4/22	$62.27	Water rates: 9/1/21-25/4/22
Filing fee reimbursement	$27.00	Filing fee reimbursement
Lock/key replacement	$111.38	Lock/key replacement
Repairs: Window	$186.00	Repairs: Window
Repairs: Smoke damaged wall	$300.00	Repairs: Smoke damaged wall
Smoke alarms	$31.04	Smoke alarms
Net award	$755.70
Bond	$580.00
Total payable by Tenant to Landlord	$755.70

Claims and awards for application 4972453 — net $755.70 NZD. Verify on MoJ.

Water rates: 25/2/22-31/8/22

Amount: $38.01
Awarded to: Landlord
Reason: Water rates: 25/2/22-31/8/22

Water rates: 9/1/21-25/4/22

Amount: $62.27
Awarded to: Landlord
Reason: Water rates: 9/1/21-25/4/22

Filing fee reimbursement

Amount: $27.00
Awarded to: Landlord
Reason: Filing fee reimbursement

Lock/key replacement

Amount: $111.38
Awarded to: Landlord
Reason: Lock/key replacement

Repairs: Window

Amount: $186.00
Awarded to: Landlord
Reason: Repairs: Window

Claim types — money lines allowed on this order

Filing Fee Property damage Replace Smoke Alarms Water Rates

Order

An application for suppression has been made in this case, and the Tribunal orders suppression of the landlord’s name and identifying details.
Debbie Apiata must pay [The landlord/s] $175.70 immediately from the bond, calculated as shown in table below:
The Bond Centre is to pay the bond of $580.00 ([Bond number suppressed]) to [The landlord/s] immediately.
The landlords only seek payment of the Bond, therefore no additional order is made for the tenant to pay the balance of claims in the table above.
The balance of the claims are dismissed.

Reasons

The landlord attended the hearing by video call.
The tenant was telephoned on the phone number provided but the phone call went unanswered. I am satisfied the tenant was properly served with notice of the hearing. The hearing proceeded in her absence.
The landlord has applied for water rates, compensation, refund of the bond, and reimbursement of the filing fee following the end of the tenancy.

How much is owed for rent arrears and water rates?

The tenancy ended on 19 August 2022, however the tenants remained at the premises for approximately a further week following the end of the tenancy. The rent summary states there is a small credit, however I have not deducted this from the amount owing as the tenants were liable for rent for time until they provided vacant possession. The landlord provided water rates 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 must also replace standard light bulbs.
The tenant did not return the keys.
The landlord had to replace 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 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 window was broken and the kitchen wall was burnt. 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 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. The amounts ordered are for repairs only.
As the landlord has been substantially successful with the claim I have reimbursed the filing fee.
The landlord sought suppression and as the application is successful, I have made an order accordingly.

Tenancy Tribunal case 4972453 — Property damage

At a glance

Tenancy Tribunal case 4972453 — Property damage

At a glance

Award balance

Claims & awards

Order

Reasons

How much is owed for rent arrears and 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 rent arrears and 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