What was Tenancy Tribunal case 4980968 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 4980968?

Filing Fee: $27.00 awarded to landlord; Property Damage: $9,292.17 awarded to landlord; Property Damage: $403.34 awarded to landlord; Property Damage: $245.25 awarded to landlord; Property Damage: $90.00 awarded to landlord; Rent Arrears: $5,885.00 awarded to landlord; Rubbish Removal: $9,197.98 awarded to landlord

What type of tenancy dispute was case 4980968?

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

Where can I read the official tribunal order for case 4980968?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/11242621-Tribunal_Order_Redacted.pdf.

What was Tenancy Tribunal case 4980968 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 4980968?

Filing Fee: $27.00 awarded to landlord; Property Damage: $9,292.17 awarded to landlord; Property Damage: $403.34 awarded to landlord; Property Damage: $245.25 awarded to landlord; Property Damage: $90.00 awarded to landlord; Rent Arrears: $5,885.00 awarded to landlord; Rubbish Removal: $9,197.98 awarded to landlord

What type of tenancy dispute was case 4980968?

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

Where can I read the official tribunal order for case 4980968?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/11242621-Tribunal_Order_Redacted.pdf.

New Zealand Tenancy Tribunal Case 4980968 — Property damage

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New Zealand Tenancy Tribunal Case 4980968 — 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 4980968 — net $23,300.74 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears to 1 November 2024	$5,885.00	Rent arrears to 1 November 2024
Filing fee reimbursement	$27.00	Filing fee reimbursement
Rubbish removal	$9,197.98	Rubbish removal
Damage to the walls	$9,292.17	Damage to the walls
Oven replacement	$403.34	Oven replacement
Damage to the rear door	$245.25	Damage to the rear door
Damage to the kitchen cupboards	$90.00	Damage to the kitchen cupboards
Net award	$23,300.74
Total payable by Tenant to Landlord	$23,300.74

Claims and awards for application 4980968 — net $23,300.74 NZD. Verify on MoJ.

Rent arrears to 1 November 2024

Amount: $5,885.00
Awarded to: Landlord
Reason: Rent arrears to 1 November 2024

Filing fee reimbursement

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

Rubbish removal

Amount: $9,197.98
Awarded to: Landlord
Reason: Rubbish removal

Damage to the walls

Amount: $9,292.17
Awarded to: Landlord
Reason: Damage to the walls

Oven replacement

Amount: $403.34
Awarded to: Landlord
Reason: Oven replacement

Claim types — money lines allowed on this order

Filing Fee Property damage Rent arrears Rubbish Removal

Order

An application for suppression has been made in this case, and the Tribunal orders suppression of the landlord’s name and identifying details.
Tereza Hardgrave must pay [The landlord/s] $23,502.40 immediately, as calculated in table below:
The Bond Centre is to pay the bond of $1,840.00 ([Bond number suppressed]) to [The landlord/s] immediately.

Reasons

The landlord attended the hearing. The tenant did not attend the hearing and did not respond when telephoned three times on the number ending in 470.
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?

The tenancy ended on 1 November 2024. The landlord provided rent records which prove the amount owing at the end of the tenancy of $5,885.00.

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 did not leave the premises reasonably clean and tidy and did not remove all rubbish.
The landlord has provided photographs which show significant rubbish, belongings and furniture left at the property. Included in the rubbish were 61 tyres and multiple syringes that needed to be carefully disposed of.
The landlord has provided an invoice for $9,197.98 for the cost to remove all rubbish from the property.
The amount ordered is 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 to the property
The landlord claims that the tenant caused significant damage to the property and has provided a quote for all repair works required because of the damage caused.
The landlord seeks only to recover the cost for damage to the walls, damage to the rear door, damage to the oven and replacement of some of the kitchen cupboards. There were also downpipes missing, bathroom handrails removed, curtain replacement required and many other items, however the cost of these are not being claimed against the tenant.
Photographs show that there were several holes in the walls throughout the property, that the landlord believes these holes were punched. The holes were not evident at the routine inspection carried out a few months prior to the tenants vacating the property. The landlord submits that these holes were made intentionally, particularly as there were explicit notes and graffiti left by the tenant on the walls and light switches.
The cost to repair the walls was $9,292.17. The amount ordered is proved.
The rear door had also been kicked in and required new glass. The cost to replace the glass in the rear door was $245.25. The amount ordered is proved.
The stove had had the elements ripped out and the remaining stove top and oven door were also damaged. The oven was unable to be repaired and required replacing. The amount claimed for replacement was $605.00, however, as the oven was unlikely to be new at the commencement of the tenancy, I have reduced this amount by one-third, to $403.34.
Some of the kitchen cupboards had been removed and required new cupboards to be installed. The amount claimed for this repair work was $90.00. The amount ordered is proved.
At the hearing, the landlord advised that they were not aware of any available insurance to cover this damage. Summary
The following damage was caused during the tenancy: Damage to the walls, damage to the rear door, damage to the oven and damage to the kitchen cupboards. The damage is more than fair wear and tear, was likely intentional 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 taken into account 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 19 December 2024

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 4980968 — net $23,300.74 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears to 1 November 2024	$5,885.00	Rent arrears to 1 November 2024
Filing fee reimbursement	$27.00	Filing fee reimbursement
Rubbish removal	$9,197.98	Rubbish removal
Damage to the walls	$9,292.17	Damage to the walls
Oven replacement	$403.34	Oven replacement
Damage to the rear door	$245.25	Damage to the rear door
Damage to the kitchen cupboards	$90.00	Damage to the kitchen cupboards
Net award	$23,300.74
Total payable by Tenant to Landlord	$23,300.74

Claims and awards for application 4980968 — net $23,300.74 NZD. Verify on MoJ.

Rent arrears to 1 November 2024

Amount: $5,885.00
Awarded to: Landlord
Reason: Rent arrears to 1 November 2024

Filing fee reimbursement

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

Rubbish removal

Amount: $9,197.98
Awarded to: Landlord
Reason: Rubbish removal

Damage to the walls

Amount: $9,292.17
Awarded to: Landlord
Reason: Damage to the walls

Oven replacement

Amount: $403.34
Awarded to: Landlord
Reason: Oven replacement

Claim types — money lines allowed on this order

Filing Fee Property damage Rent arrears Rubbish Removal

Order

An application for suppression has been made in this case, and the Tribunal orders suppression of the landlord’s name and identifying details.
Tereza Hardgrave must pay [The landlord/s] $23,502.40 immediately, as calculated in table below:
The Bond Centre is to pay the bond of $1,840.00 ([Bond number suppressed]) to [The landlord/s] immediately.

Reasons

The landlord attended the hearing. The tenant did not attend the hearing and did not respond when telephoned three times on the number ending in 470.
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?

The tenancy ended on 1 November 2024. The landlord provided rent records which prove the amount owing at the end of the tenancy of $5,885.00.

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 did not leave the premises reasonably clean and tidy and did not remove all rubbish.
The landlord has provided photographs which show significant rubbish, belongings and furniture left at the property. Included in the rubbish were 61 tyres and multiple syringes that needed to be carefully disposed of.
The landlord has provided an invoice for $9,197.98 for the cost to remove all rubbish from the property.
The amount ordered is 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 to the property
The landlord claims that the tenant caused significant damage to the property and has provided a quote for all repair works required because of the damage caused.
The landlord seeks only to recover the cost for damage to the walls, damage to the rear door, damage to the oven and replacement of some of the kitchen cupboards. There were also downpipes missing, bathroom handrails removed, curtain replacement required and many other items, however the cost of these are not being claimed against the tenant.
Photographs show that there were several holes in the walls throughout the property, that the landlord believes these holes were punched. The holes were not evident at the routine inspection carried out a few months prior to the tenants vacating the property. The landlord submits that these holes were made intentionally, particularly as there were explicit notes and graffiti left by the tenant on the walls and light switches.
The cost to repair the walls was $9,292.17. The amount ordered is proved.
The rear door had also been kicked in and required new glass. The cost to replace the glass in the rear door was $245.25. The amount ordered is proved.
The stove had had the elements ripped out and the remaining stove top and oven door were also damaged. The oven was unable to be repaired and required replacing. The amount claimed for replacement was $605.00, however, as the oven was unlikely to be new at the commencement of the tenancy, I have reduced this amount by one-third, to $403.34.
Some of the kitchen cupboards had been removed and required new cupboards to be installed. The amount claimed for this repair work was $90.00. The amount ordered is proved.
At the hearing, the landlord advised that they were not aware of any available insurance to cover this damage. Summary
The following damage was caused during the tenancy: Damage to the walls, damage to the rear door, damage to the oven and damage to the kitchen cupboards. The damage is more than fair wear and tear, was likely intentional 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 taken into account 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 19 December 2024

Tenancy Tribunal case 4980968 — Property damage

At a glance

Tenancy Tribunal case 4980968 — Property damage

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