What was Tenancy Tribunal case 5022458 about?

The tribunal order states: Rosalee Johnson and Mayson Hauraki must pay [The landlord/s] $8,288.33

How much money was awarded in case 5022458?

Individual award amounts are in the official MoJ PDF. Claim amounts appear on this page when claims and net totals reconcile.

What type of tenancy dispute was case 5022458?

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

Where can I read the official tribunal order for case 5022458?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/11057523-Tribunal_Order_Redacted.pdf.

What was Tenancy Tribunal case 5022458 about?

The tribunal order states: Rosalee Johnson and Mayson Hauraki must pay [The landlord/s] $8,288.33

How much money was awarded in case 5022458?

Individual award amounts are in the official MoJ PDF. Claim amounts appear on this page when claims and net totals reconcile.

What type of tenancy dispute was case 5022458?

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

Where can I read the official tribunal order for case 5022458?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/11057523-Tribunal_Order_Redacted.pdf.

New Zealand Tenancy Tribunal Case 5022458 — Rent arrears

Order

Rosalee Johnson and Mayson Hauraki must pay [The landlord/s] $8,288.33 immediately, calculated as shown in table below.
The Bond Centre is to pay the bond of $1,980.00 ([Bond number suppressed]) to [The landlord/s] immediately.

Reasons

The landlord attended the hearing. The tenant did not attend the hearing and did not answer when telephoned on the number ending in 045.
The landlord provided a copy of an email which confirmed that the tenant knew about the hearing but did not intend on appearing.
The landlord has applied for rent arrears, compensation, refund of the bond, and reimbursement of the filing fee following the end of the tenancy.
The tenancy property is estimated to be 45 - 54 years old.

How much is owed for rent and water rates?

On 30 October 2024, the tenant advised that they had vacated the property. The tenancy was a periodic tenancy, and the tenants were required to give 28 days’ notice.
The landlord provided rent records which prove the amount owing of $5,493.57 at the end of the tenancy being 27 November 2024 and including rent in lieu of notice.
The landlord also provided water bills for outstanding water rates of $71.92.

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 and remove all rubbish. See section 40(1)(e)(ii)-(v) Residential Tenancies Act 1986.
The tenant did not leave the premises reasonably clean and tidy, there was significant staining to the carpet and the tenant did not remove all rubbish. The landlord provided photographs of the house and the rubbish that remained at the property.
The landlord has also provided an invoice for $517.50 which included cleaning, carpet shampoo and rubbish removal.
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. Window frame damage
The landlords submit that the tenant tried to force entry into the property (the landlord was advised by a neighbour who witnessed it), possibly using a crowbar or something similar. The action of trying to wrench open the window has damaged the door frame. Due to the age of the window joinery, the part that has been damaged no longer exists and the landlord is required to replace the entire joinery unit.
The landlord submits that this damage was intentionally caused by the tenant and I have no evidence to the contrary.
The landlord has provided a replacement and installation invoice of $3,404.00.
However, due to the age of the property and the joinery being the same age, I have reduced the amount claimed in my award by two thirds, amounting to $1,134,67. Security screen doors
The landlord has claimed for repair to the security screen doors. On both doors, the netting has been ripped. The landlord submits that this damage looks like it was intentionally done so that the door could be unlocked from the other side. Photographs have been provided of both doors and the damage described is evident.
The landlord has provided a quotation for the repair to these doors of $115.00.
The amount ordered is proved. Wall damage
The landlord has submitted that through the property, numerous holes have been created, with two large holes in bedroom one and the living room. The landlord has provided photographs of the walls throughout and advised that when the tenant moved in the property had been recently painted throughout.
The landlord submits that this damage was more than fair wear and tear and was likely careless and has provided a quote for repairs to the walls of $575.00. Living room floor damage
The landlord has submitted that there is significant damage to the wooden flooring at the property where it appears that furniture has been dragged across it, and in one location there is severe cat scratching. Photographs have been provided which show that the damage was caused during the tenancy.
The landlord submits this damage is more than fair wear and tear, and was likely careless, and has provided a quote for repair to the wooden flooring, and specifically to sand and paint the door, of $460.00. Curtain damage
Brand new curtains were installed at the property immediately prior to the tenancy. The landlord has provided photographs that show significant cat related damage.
The landlord submits that this is more than fair wear and tear and at the very least, was caused carelessly.
The landlord has provided an invoice for curtain replacement of $220.00. Light switch damage
The landlord has submitted that damage has been caused to a light switch, where the plastic casing appears from photographs to have been smashed. The landlord submits that this is more than fair wear and tear.
The landlord has provided a quote for replacement and installation of a new light switch of $172.50. Bedroom door damage
The landlord has submitted that damage has been caused to the bedroom door, in particular there are significant dents and cat scratches. The landlord submits that this is more than fair wear and tear. Photographs provided show that the door damage occurred during the tenancy.
A quote has been provided for repair of the door, including sanding and repainting at a cost of $172.50. Bathroom towel rail
The landlord has provided photographs of the towel rail that has fallen off the wall during the tenancy. They submit that the towel rail was secured into the framing and so the damage was more than fair wear and tear.
A quote has been provided to reinstall the towel rail of $230.00. Vanity cabinet
The landlord has submitted that during the tenancy the bathroom vanity cabinet has been water damaged beyond repair and must be replaced. At no point during the tenancy has the tenant advised of any water leaking or issues with the bathroom vanity.
The landlord submits that the damage is more than fair wear and tear and is at the very least, careless. The landlord has provided a quote for the replacement and installation of the vanity of $782.00. The landlord has also advised that this is not covered by insurance.
It is not clear whether the age of the vanity is the same age as the property, although I have assumed it is.
Accordingly, I have reduced the amount claimed by two-thirds, taking the same approach as previous replacement deductions to account for the likely age of the bathroom vanity.
The amount of $260.67 is awarded. Vinyl flooring
The vinyl flooring at the property is damaged. The landlord must replace all the vinyl flooring at a total cost of $1,300.00 however, the vinyl flooring is old, and the photographs show that it was not in a great condition prior to the tenancy.
During the tenancy, however, the landlord submits that two squares of vinyl have been completed removed.
The landlord seeks the amount of $172.50 to cover this portion, which they submit is more than fair wear and tear. Blinds
Two sets of blinds in the laundry and kitchen have fallen off the framing and are broken and torn in places. The landlord has provided photographs that prove this occurred during the tenancy, and they also submit that this is more than fair wear and tear.
The landlord has provided a quote for replacement and installation of blinds $172.50. Kitchen cabinet door and benchtop
The landlord submits that during the tenancy and due to the tenant’s lack of care, the kitchen cabinet and benchtop have sustained significant water damage. This has caused swelling of the cabinets and lifting of the tiles.
The landlord has provided photographs that prove that the damage occurred during the tenancy.
A quote has been provided for repair costs and replacement tiles of $1,380.00.
Due to the age of the property and kitchen, I have again reduced the claimed amount by two-thirds and the amount of $460.00 is awarded. Summary
The following damage was caused during the tenancy: the window frame was damaged, the security screen doors were ripped, there was wall damage, curtain damage, living room floor scratches, light switch damage, bedroom door damage, a broken towel rail, water damage to the vanity cabinet, missing laundry vinyl flooring, broken blinds and damage to the kitchen cabinet doors and benchtop. 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.
Because [The applicant/s] has wholly succeeded with the claim I must reimburse the filing fee. R Harvey-Lane 10 November 2024

Tenancy Tribunal case 5022458 — Rent arrears

Tenancy Tribunal case 5022458 — Rent arrears

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?

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?