What was Tenancy Tribunal case 5004148 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 5004148?

Cleaning: $200.00 awarded to landlord; Cleaning: $450.00 awarded to landlord; Filing Fee: $27.00 awarded to landlord; Green Waste Removal: $300.00 awarded to landlord; Property Damage: $100.00 awarded to landlord; Rent Arrears: $525.71 awarded to landlord; Broken glass in lounge window and sl…: $400.00 awarded to landlord; Broken Window Handles X2: $100.00 awarded to landlord; Property Damage: $150.00 awarded to landlord; Entrance Way Wall Exterior Cladding: $120.00 awarded to landlord; Fix Hole In Garage Wall: $100.00 awarded to landlord; Property Damage: $850.00 awarded to landlord; Replace Broken Oven Knob: $80.00 awarded to landlord; Property Damage: $130.00 awarded to landlord; Replace furnishings: Replace missing…: $30.00 awarded to landlord; Replace furnishings: Replace missing…: $60.00 awarded to landlord; Water Rates: $349.77 awarded to landlord

What type of tenancy dispute was case 5004148?

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

Where can I read the official tribunal order for case 5004148?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/11165873-Tribunal_Order_Redacted.pdf.

What was Tenancy Tribunal case 5004148 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 5004148?

Cleaning: $200.00 awarded to landlord; Cleaning: $450.00 awarded to landlord; Filing Fee: $27.00 awarded to landlord; Green Waste Removal: $300.00 awarded to landlord; Property Damage: $100.00 awarded to landlord; Rent Arrears: $525.71 awarded to landlord; Broken glass in lounge window and sl…: $400.00 awarded to landlord; Broken Window Handles X2: $100.00 awarded to landlord; Property Damage: $150.00 awarded to landlord; Entrance Way Wall Exterior Cladding: $120.00 awarded to landlord; Fix Hole In Garage Wall: $100.00 awarded to landlord; Property Damage: $850.00 awarded to landlord; Replace Broken Oven Knob: $80.00 awarded to landlord; Property Damage: $130.00 awarded to landlord; Replace furnishings: Replace missing…: $30.00 awarded to landlord; Replace furnishings: Replace missing…: $60.00 awarded to landlord; Water Rates: $349.77 awarded to landlord

What type of tenancy dispute was case 5004148?

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

Where can I read the official tribunal order for case 5004148?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/11165873-Tribunal_Order_Redacted.pdf.

New Zealand Tenancy Tribunal Case 5004148 — Property damage

Claims and awards in Tenancy Tribunal application 5004148 — net $3,972.48 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.

Claim

Landlord

Tenant

Reason

Rent arrears (to 28/08/24

$525.71

Rent arrears (to 28/08/24

Water rates: May to August 2024

$349.77

Water rates: May to August 2024

Repairs: Plaster and paint damaged walls in house

$850.00

Repairs: Plaster and paint damaged walls in house

Repairs: Broken window handles x2

$100.00

Repairs: Broken window handles x2

Green waste removal

$300.00

Green waste removal

Cleaning: Marks on walls and ceiling

$450.00

Cleaning: Marks on walls and ceiling

Carpet Cleaning: Stains from pets and pet odour

$200.00

Carpet Cleaning: Stains from pets and pet odour

Repairs: Damaged garage door jam due to dog bite

$150.00

Repairs: Damaged garage door jam due to dog bite

Repairs: Broken glass in lounge window and sliding door

$400.00

Repairs: Broken glass in lounge window and sliding door

Repairs: Fix hole in garage wall

$100.00

Repairs: Fix hole in garage wall

Replace furnishings: Replace missing heat pump control battery cover

$30.00

Replace furnishings: Replace missing heat pump control battery cover

Repairs: Replace broken oven knob

$80.00

Repairs: Replace broken oven knob

Replace furnishings: Replace missing lounge curtain

$60.00

Replace furnishings: Replace missing lounge curtain

Replace furnishings: Replace damaged curtain sheers x 5

$130.00

Replace furnishings: Replace damaged curtain sheers x 5

Repairs: Entrance way wall exterior cladding

$120.00

Repairs: Entrance way wall exterior cladding

Lock/key replacement: main entranceway lock and key

$100.00

Lock/key replacement: main entranceway lock and key

Filing fee reimbursement

$27.00

Filing fee reimbursement

Net award

$3,972.48

Total payable by Tenant to Landlord

$3,972.48

Reasons

The landlord attended the hearing. The tenant did not.

I am satisfied that the tenant had received proper notice of the hearing time, date and place and chose not to attend.

The landlord has applied for termination of the tenancy, rent arrears, refund of the bond, reimbursement of the water rates and reimbursement of the filing fee.

How much is owed for rent and water rates?

The tenancy ended on 28 August 2024. The landlord provided rent records and 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 leave the premises reasonably clean and tidy and did not remove all rubbish.

The tenant did not return the main entrance keys.

The following chattels were missing at the end of the tenancy: a. The battery cover to the heat pump remote control; and b. The lounge curtain.

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.

The following damage was caused during the tenancy a. Holes in the walls throughout the house; b. Broken window handles x 2; c. Damaged garage door jam from dog bites; d. Broken glass in the lounge window and sliding door; e. Hole in garage wall; f. Broken oven knob; g. Damaged sheer curtains x 5; and h. Entrance way exterior cladding damaged.

The landlord produced photographs from the exit and entry inspections that prove the damage is from the tenant’s careless acts or omissions and is more than fair wear and tear. 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. Reimbursement of filing fee

Because [The applicant/s] has wholly succeeded with the claim I must reimburse the filing fee. Name suppression

The landlord applies for non-publication of its name and identifying details.

The Tribunal must, on the application of a party that has wholly or substantially succeeded in proceedings, order that the party’s name or identifying particulars not be published, unless the Tribunal considers that publication is in the public interest or is justified because of the party’s conduct or any other circumstances of the case.

The landlord has substantially succeeded in its proceedings. I do not consider publication is in the public interest or justified because of the landlord’s conduct or any other circumstances of the case.

Non-publication is ordered.

Claims and awards in Tenancy Tribunal application 5004148 — net $3,972.48 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.

Claim

Landlord

Tenant

Reason

Rent arrears (to 28/08/24

$525.71

Rent arrears (to 28/08/24

Water rates: May to August 2024

$349.77

Water rates: May to August 2024

Repairs: Plaster and paint damaged walls in house

$850.00

Repairs: Plaster and paint damaged walls in house

Repairs: Broken window handles x2

$100.00

Repairs: Broken window handles x2

Green waste removal

$300.00

Green waste removal

Cleaning: Marks on walls and ceiling

$450.00

Cleaning: Marks on walls and ceiling

Carpet Cleaning: Stains from pets and pet odour

$200.00

Carpet Cleaning: Stains from pets and pet odour

Repairs: Damaged garage door jam due to dog bite

$150.00

Repairs: Damaged garage door jam due to dog bite

Repairs: Broken glass in lounge window and sliding door

$400.00

Repairs: Broken glass in lounge window and sliding door

Repairs: Fix hole in garage wall

$100.00

Repairs: Fix hole in garage wall

Replace furnishings: Replace missing heat pump control battery cover

$30.00

Replace furnishings: Replace missing heat pump control battery cover

Repairs: Replace broken oven knob

$80.00

Repairs: Replace broken oven knob

Replace furnishings: Replace missing lounge curtain

$60.00

Replace furnishings: Replace missing lounge curtain

Replace furnishings: Replace damaged curtain sheers x 5

$130.00

Replace furnishings: Replace damaged curtain sheers x 5

Repairs: Entrance way wall exterior cladding

$120.00

Repairs: Entrance way wall exterior cladding

Lock/key replacement: main entranceway lock and key

$100.00

Lock/key replacement: main entranceway lock and key

Filing fee reimbursement

$27.00

Filing fee reimbursement

Net award

$3,972.48

Total payable by Tenant to Landlord

$3,972.48

Order

An application for suppression has been made in this case, and the Tribunal orders suppression of the Landlord’s name and identifying details.
Ngaparaihe Tumai-Totorewa must pay [the landlord] $3,972.48 immediately, calculated as shown in table below.

Reasons

The landlord attended the hearing. The tenant did not.
I am satisfied that the tenant had received proper notice of the hearing time, date and place and chose not to attend.
The landlord has applied for termination of the tenancy, rent arrears, refund of the bond, reimbursement of the water rates and reimbursement of the filing fee.

How much is owed for rent and water rates?

The tenancy ended on 28 August 2024. The landlord provided rent records and 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 leave the premises reasonably clean and tidy and did not remove all rubbish.
The tenant did not return the main entrance keys.
The following chattels were missing at the end of the tenancy: a. The battery cover to the heat pump remote control; and b. The lounge curtain.
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.
The following damage was caused during the tenancy a. Holes in the walls throughout the house; b. Broken window handles x 2; c. Damaged garage door jam from dog bites; d. Broken glass in the lounge window and sliding door; e. Hole in garage wall; f. Broken oven knob; g. Damaged sheer curtains x 5; and h. Entrance way exterior cladding damaged.
The landlord produced photographs from the exit and entry inspections that prove the damage is from the tenant’s careless acts or omissions and is more than fair wear and tear. 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. Reimbursement of filing fee
Because [The applicant/s] has wholly succeeded with the claim I must reimburse the filing fee. Name suppression
The landlord applies for non-publication of its name and identifying details.
The Tribunal must, on the application of a party that has wholly or substantially succeeded in proceedings, order that the party’s name or identifying particulars not be published, unless the Tribunal considers that publication is in the public interest or is justified because of the party’s conduct or any other circumstances of the case.
The landlord has substantially succeeded in its proceedings. I do not consider publication is in the public interest or justified because of the landlord’s conduct or any other circumstances of the case.
Non-publication is ordered.

Tenancy Tribunal case 5004148 — Property damage

At a glance

Tenancy Tribunal case 5004148 — Property damage

At a glance

Award balance

Claims & awards

Order

Reasons

How much is owed for rent 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 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