What was Tenancy Tribunal case 5022189 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 5022189?

Bin Hire: $462.00 awarded to landlord; Dehumidifier Hire: $117.00 awarded to landlord; Filing Fee: $27.00 awarded to landlord; Lawn Seed: $72.25 awarded to landlord; Other Materials: $489.87 awarded to landlord; Painting Materials: $1,162.22 awarded to landlord; Property Damage: $800.00 awarded to landlord; Property Damage: $2,070.00 awarded to landlord; Rent Loss: $5,600.00 awarded to landlord; Landlord Work (150 Hours: $4,500.00 awarded to landlord; Replace Door Lock: $65.66 awarded to landlord; Water Rates: $101.34 awarded to landlord

What type of tenancy dispute was case 5022189?

The primary dispute was Property damage.

Where can I read the official tribunal order for case 5022189?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/11497587-Tribunal_Order_Redacted.pdf.

What was Tenancy Tribunal case 5022189 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 5022189?

Bin Hire: $462.00 awarded to landlord; Dehumidifier Hire: $117.00 awarded to landlord; Filing Fee: $27.00 awarded to landlord; Lawn Seed: $72.25 awarded to landlord; Other Materials: $489.87 awarded to landlord; Painting Materials: $1,162.22 awarded to landlord; Property Damage: $800.00 awarded to landlord; Property Damage: $2,070.00 awarded to landlord; Rent Loss: $5,600.00 awarded to landlord; Landlord Work (150 Hours: $4,500.00 awarded to landlord; Replace Door Lock: $65.66 awarded to landlord; Water Rates: $101.34 awarded to landlord

What type of tenancy dispute was case 5022189?

The primary dispute was Property damage.

Where can I read the official tribunal order for case 5022189?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/11497587-Tribunal_Order_Redacted.pdf.

87A Haverstock Road, Sandringham, Auckland 1025 Tenancy Tribunal Case 5022189 — Property damage

Reasons

Claims and awards in Tenancy Tribunal application 5022189 — net $12,667.34 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Tenant	Reason
Water rates	$101.34		Water rates
Painting materials	$1,162.22		Painting materials
Bin hire	$462.00		Bin hire
Garage motor repair	$800.00		Garage motor repair
Dehumidifier hire	$117.00		Dehumidifier hire
Replace door lock	$65.66		Replace door lock
Carpet replacement	$2,070.00		Carpet replacement
Lawn seed	$72.25		Lawn seed
Other materials	$489.87		Other materials
Rent loss	$5,600.00		Rent loss
Repairs: Landlord work (150 hours	$4,500.00		Repairs: Landlord work (150 hours
Filing fee reimbursement	$27.00		Filing fee reimbursement
Less bond released		$2,800.00	Less bond released
Total award	$15,467.34	$2,800.00
Net award	$12,667.34
Total payable by Tenant to Landlord	$12,667.34

The landlord attended the hearing. The tenant did not attend the hearing.

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

The tenancy ended on 21 August 2024. After termination the bond of $2,800.00 was released to the landlord which is to be deducted from the costs awarded to the landlord.

After the tenancy ended there was evidence that the interior of the premises was used for growing marijuana. There was substantial damage to the premises including holes in the ceilings and floor. The floor underneath the carpet was very wet and damaged.

How much is owed for water rates?

The landlord provided water rates invoices for the last three months of the tenancy. The last invoice is a credit amount as it was an acutal reading. The amount owed by the tenant totals $101.34, which is ordered.

The landlord sought power costs for the period when the tenant had left the tenancy and repairs were carried out. I am not prepared to order that because some of the work would have been necessary between tenancies whether or not there were repairs. It is not possible to quantify the amount of power used for the repairs alone. That claim is dismissed.

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 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: carpet and floor damage, wall damage, garage door motor damaged. 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.

Most of the repair work was carried out by the landlord. The landlord produced a document recording the work carried out and the time spent on that work. The landlord was not able to produce photographs of the premises from the beginning of the tenancy. There is a substantial amount of time spent on the outside of the premises including replacing the lawn. I am not satisfied that that work was necessary due to the actions of the tenant. I have deducted some time from the document recording repairs carried out by the landlord. I have awarded repairs for 150 hours at $30.00 per hour.

Because of the extensive damage to the premises the repairs took two months. The landlord seeks rent loss for that period which I have awarded.

The bond had been released to the landlord to go towards repairs and therefore that amount is deducted from the amount owed by the tenant.

Because [The applicant/s] has substantially succeeded with the claim I have reimbursed the filing fee. For the same reason the landlord’s name is suppressed.

Claims and awards in Tenancy Tribunal application 5022189 — net $12,667.34 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Tenant	Reason
Water rates	$101.34		Water rates
Painting materials	$1,162.22		Painting materials
Bin hire	$462.00		Bin hire
Garage motor repair	$800.00		Garage motor repair
Dehumidifier hire	$117.00		Dehumidifier hire
Replace door lock	$65.66		Replace door lock
Carpet replacement	$2,070.00		Carpet replacement
Lawn seed	$72.25		Lawn seed
Other materials	$489.87		Other materials
Rent loss	$5,600.00		Rent loss
Repairs: Landlord work (150 hours	$4,500.00		Repairs: Landlord work (150 hours
Filing fee reimbursement	$27.00		Filing fee reimbursement
Less bond released		$2,800.00	Less bond released
Total award	$15,467.34	$2,800.00
Net award	$12,667.34
Total payable by Tenant to Landlord	$12,667.34

Order

An application for suppression has been made in this case, and the Tribunal orders suppression of the Landlord name and identifying details.
Dai Wei must pay [The landlord/s] $12,667.34 immediately, calculated as shown in table below.

Reasons

The landlord attended the hearing. The tenant did not attend the hearing.
The landlord has applied for water rates, compensation, and reimbursement of the filing fee following the end of the tenancy.
The tenancy ended on 21 August 2024. After termination the bond of $2,800.00 was released to the landlord which is to be deducted from the costs awarded to the landlord.
After the tenancy ended there was evidence that the interior of the premises was used for growing marijuana. There was substantial damage to the premises including holes in the ceilings and floor. The floor underneath the carpet was very wet and damaged.

How much is owed for water rates?

The landlord provided water rates invoices for the last three months of the tenancy. The last invoice is a credit amount as it was an acutal reading. The amount owed by the tenant totals $101.34, which is ordered.
The landlord sought power costs for the period when the tenant had left the tenancy and repairs were carried out. I am not prepared to order that because some of the work would have been necessary between tenancies whether or not there were repairs. It is not possible to quantify the amount of power used for the repairs alone. That claim is dismissed.

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 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: carpet and floor damage, wall damage, garage door motor damaged. 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.
Most of the repair work was carried out by the landlord. The landlord produced a document recording the work carried out and the time spent on that work. The landlord was not able to produce photographs of the premises from the beginning of the tenancy. There is a substantial amount of time spent on the outside of the premises including replacing the lawn. I am not satisfied that that work was necessary due to the actions of the tenant. I have deducted some time from the document recording repairs carried out by the landlord. I have awarded repairs for 150 hours at $30.00 per hour.
Because of the extensive damage to the premises the repairs took two months. The landlord seeks rent loss for that period which I have awarded.
The bond had been released to the landlord to go towards repairs and therefore that amount is deducted from the amount owed by the tenant.
Because [The applicant/s] has substantially succeeded with the claim I have reimbursed the filing fee. For the same reason the landlord’s name is suppressed.

Tenancy Tribunal case 5022189 — Property damage at 87A Haverstock Road, Sandringham, Auckland 1025

At a glance

Tenancy Tribunal case 5022189 — Property damage at 87A Haverstock Road, Sandringham, Auckland 1025

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