What was the outcome of Tenancy Tribunal case 4979248?

The tribunal order states: Thomas Edward Michael Stokes must pay Auckland Property Management

How much money was awarded in case 4979248?

Filing Fee: $27.00 awarded to landlord; Property Damage: $5,079.80 awarded to landlord; Rent Arrears: $1,092.15 awarded to landlord; Water Rates: $661.78 awarded to landlord

What type of tenancy dispute was case 4979248?

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

Where can I read the official tribunal order for case 4979248?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/11206340-Tenancy_Tribunal_Order.pdf.

What was the outcome of Tenancy Tribunal case 4979248?

The tribunal order states: Thomas Edward Michael Stokes must pay Auckland Property Management

How much money was awarded in case 4979248?

Filing Fee: $27.00 awarded to landlord; Property Damage: $5,079.80 awarded to landlord; Rent Arrears: $1,092.15 awarded to landlord; Water Rates: $661.78 awarded to landlord

What type of tenancy dispute was case 4979248?

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

Where can I read the official tribunal order for case 4979248?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/11206340-Tenancy_Tribunal_Order.pdf.

123 Lucerne Road, Remuera, Auckland 1050 Tenancy Tribunal Case 4979248 — Property damage

Claims and awards in Tenancy Tribunal application 4979248 — net $4,080.73 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears	$1,092.15	Rent arrears
Water rates	$661.78	Water rates
Filing fee reimbursement	$27.00	Filing fee reimbursement
Repairs	$5,079.80	Repairs
Net award	$4,080.73
Total payable by Tenant to Landlord	$4,080.73

Order

Thomas Edward Michael Stokes must pay Auckland Property Management Limited $4,080.73 immediately for rent arrears, water bills, filing fee and repairs, as calculated and shown in table below: DescriptionLandlord Rent arrears$1,092.15 Water rates$661.78 Filing fee reimbursement$27.00 Repairs$5,079.80 Total award$6,860.73 Minus Bond-$2,780.00 Total payable by Tenant to Landlord$4,080.73
The Bond Centre is to pay the bond of $2,780.00 (5476655-008) to Auckland Property Management Limited 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 ended on 7 June 2024. The landlord provided rent records and water rates invoices which prove the amount owing at the end of the tenancy.
The tenant accepts that he owes the landlord $1092.15 in rent arrears and $661.78 in water bills.
I am satisfied that the landlord has proven their claim for rent arrears and water bills.

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.
The following damage was caused during the tenancy: -Holes and damage to the walls and doors in the house
The tenant accepts that there were damages caused to the walls and doors in the house during the tenancy. Discussion was had about the tenant filing a counter claim, but he wanted to resolve all issues with the landlord today.
The tenant sought to be charged a reasonable cost for the repairs. Initially the tenant had been sent invoices for over $20,000.00 for work that was not all related to damage he accepted in the property.
I can see that the initial invoice was for maintenance issues as well as the repairs. At the hearing, the tenant was provided with an invoice for $10,377.60 for repairs.
The rubbish removal component was disputed by the tenant and the landlord withdrew the claim for rubbish removal. The invoice minus the rubbish removal came to $10,159.60, which is the cost of repairing, sanding and repainting walls and doors with 18 holes in them.
The landlord provided the tenant and Tribunal with photographs of damage to the doors and walls. It was obvious that someone had punched a number of separate holes in walls and doors. The tenant accepted that holes and damage were caused to walls and doors. The tenant had attempted to repair the holes, but some needed to be sanded and the damaged areas needed to be repainted.
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. 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 property was built in the 1940’s and had last been repainted in 2017. Taken these factors into consideration when determining the depreciation value, I have come to a 50% deduction.
The tenant is to pay the sum of $5079.80 for the cost of the repairs to the walls and doors.
The bond centre is to refund the bond immediately to the landlord to offset the debt owed by the tenant to thew landlord.
Because Auckland Property Management Limited has wholly succeeded with the claim I must reimburse the filing fee.

Claims and awards in Tenancy Tribunal application 4979248 — net $4,080.73 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears	$1,092.15	Rent arrears
Water rates	$661.78	Water rates
Filing fee reimbursement	$27.00	Filing fee reimbursement
Repairs	$5,079.80	Repairs
Net award	$4,080.73
Total payable by Tenant to Landlord	$4,080.73

Order

Thomas Edward Michael Stokes must pay Auckland Property Management Limited $4,080.73 immediately for rent arrears, water bills, filing fee and repairs, as calculated and shown in table below: DescriptionLandlord Rent arrears$1,092.15 Water rates$661.78 Filing fee reimbursement$27.00 Repairs$5,079.80 Total award$6,860.73 Minus Bond-$2,780.00 Total payable by Tenant to Landlord$4,080.73
The Bond Centre is to pay the bond of $2,780.00 (5476655-008) to Auckland Property Management Limited 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 ended on 7 June 2024. The landlord provided rent records and water rates invoices which prove the amount owing at the end of the tenancy.
The tenant accepts that he owes the landlord $1092.15 in rent arrears and $661.78 in water bills.
I am satisfied that the landlord has proven their claim for rent arrears and water bills.

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.
The following damage was caused during the tenancy: -Holes and damage to the walls and doors in the house
The tenant accepts that there were damages caused to the walls and doors in the house during the tenancy. Discussion was had about the tenant filing a counter claim, but he wanted to resolve all issues with the landlord today.
The tenant sought to be charged a reasonable cost for the repairs. Initially the tenant had been sent invoices for over $20,000.00 for work that was not all related to damage he accepted in the property.
I can see that the initial invoice was for maintenance issues as well as the repairs. At the hearing, the tenant was provided with an invoice for $10,377.60 for repairs.
The rubbish removal component was disputed by the tenant and the landlord withdrew the claim for rubbish removal. The invoice minus the rubbish removal came to $10,159.60, which is the cost of repairing, sanding and repainting walls and doors with 18 holes in them.
The landlord provided the tenant and Tribunal with photographs of damage to the doors and walls. It was obvious that someone had punched a number of separate holes in walls and doors. The tenant accepted that holes and damage were caused to walls and doors. The tenant had attempted to repair the holes, but some needed to be sanded and the damaged areas needed to be repainted.
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. 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 property was built in the 1940’s and had last been repainted in 2017. Taken these factors into consideration when determining the depreciation value, I have come to a 50% deduction.
The tenant is to pay the sum of $5079.80 for the cost of the repairs to the walls and doors.
The bond centre is to refund the bond immediately to the landlord to offset the debt owed by the tenant to thew landlord.
Because Auckland Property Management Limited has wholly succeeded with the claim I must reimburse the filing fee.

Tenancy Tribunal case 4979248 — Property damage at 123 Lucerne Road, Remuera, Auckland 1050

At a glance

Tenancy Tribunal case 4979248 — Property damage at 123 Lucerne Road, Remuera, Auckland 1050

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

Property management

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

Property management

Frequently asked questions