What was the outcome of Tenancy Tribunal case 5033988?

The tribunal order states: Trudy Hardwick must pay W Thompson & Co Ltd-Harcourts Gore As Agent For

How much money was awarded in case 5033988?

Property Damage: $1,800.00 awarded to landlord; Filing Fee: $27.00 awarded to landlord; Property Damage: $500.00 awarded to landlord; Rent Arrears: $964.29 awarded to landlord

What type of tenancy dispute was case 5033988?

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

Where can I read the official tribunal order for case 5033988?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/11608879-Tenancy_Tribunal_Order.pdf.

What was the outcome of Tenancy Tribunal case 5033988?

The tribunal order states: Trudy Hardwick must pay W Thompson & Co Ltd-Harcourts Gore As Agent For

How much money was awarded in case 5033988?

Property Damage: $1,800.00 awarded to landlord; Filing Fee: $27.00 awarded to landlord; Property Damage: $500.00 awarded to landlord; Rent Arrears: $964.29 awarded to landlord

What type of tenancy dispute was case 5033988?

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

Where can I read the official tribunal order for case 5033988?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/11608879-Tenancy_Tribunal_Order.pdf.

1 Tainui Street, Gore, Gore 9710 Tenancy Tribunal Case 5033988 — Exemplary damages

Reasons

Claims and awards in Tenancy Tribunal application 5033988 — net $3,291.29 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears	$964.29	Rent arrears
Insurance excess	$500.00	Insurance excess
Filing fee reimbursement	$27.00	Filing fee reimbursement
Exemplary Damages	$1,800.00	Exemplary Damages
Net award	$3,291.29
Total payable by Tenant to Landlord	$3,291.29

The tenant failed to attend the hearing.

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

The bond was retained by the landlord for other costs.

How much is owed for rent?

The tenancy ended on 20 th August 2024. The landlord provided rent records and which prove the amount owing at the end of the tenancy.

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 was caused during the tenancy due to contamination as a result of Methamphetamine use. Insurance has met the clean up costs but there is the insurance excess that is now claimed.

The amounts ordered are proved.

W Thompson & Co Ltd-Harcourts Gore As Agent For Christine Utting claims the tenant has used the premises unlawfully, by using or allowing other to use the illicit drug in the property.

A tenant must not use the premises or permit the premises to be used for an unlawful purpose. See section 40(2)(b) Residential Tenancies Act 1986.

Breaching this obligation is an unlawful act for which exemplary damages may be awarded up to a maximum of $1,800.00. See section 40(3A)(c) and Schedule 1A Residential Tenancies Act 1986.

The use and effect of methamphetamine is widely known, and I am satisfied that an award as sought is appropriate.

Where a party has committed an unlawful act intentionally, the Tribunal may award exemplary damages where it is satisfied it would be just to do so, having regard to the party’s intent, the effect of the unlawful act, the interests of the other party, and the public interest. See section 109(3) Residential Tenancies Act 1986.

Because W Thompson & Co Ltd-Harcourts Gore As Agent For Christine Utting has wholly succeeded with the claim I must reimburse the filing fee.

Claims and awards in Tenancy Tribunal application 5033988 — net $3,291.29 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears	$964.29	Rent arrears
Insurance excess	$500.00	Insurance excess
Filing fee reimbursement	$27.00	Filing fee reimbursement
Exemplary Damages	$1,800.00	Exemplary Damages
Net award	$3,291.29
Total payable by Tenant to Landlord	$3,291.29

Order

Trudy Hardwick must pay W Thompson & Co Ltd-Harcourts Gore As Agent For Christine Utting $3,291.29 immediately, calculated as shown in table below.

Reasons

The tenant failed to attend the hearing.
The landlord has applied for rent arrears, compensation, and reimbursement of the filing fee following the end of the tenancy.
The bond was retained by the landlord for other costs.

How much is owed for rent?

The tenancy ended on 20 th August 2024. The landlord provided rent records and which prove the amount owing at the end of the tenancy.

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 was caused during the tenancy due to contamination as a result of Methamphetamine use. Insurance has met the clean up costs but there is the insurance excess that is now claimed.
The amounts ordered are proved.
W Thompson & Co Ltd-Harcourts Gore As Agent For Christine Utting claims the tenant has used the premises unlawfully, by using or allowing other to use the illicit drug in the property.
A tenant must not use the premises or permit the premises to be used for an unlawful purpose. See section 40(2)(b) Residential Tenancies Act 1986.
Breaching this obligation is an unlawful act for which exemplary damages may be awarded up to a maximum of $1,800.00. See section 40(3A)(c) and Schedule 1A Residential Tenancies Act 1986.
The use and effect of methamphetamine is widely known, and I am satisfied that an award as sought is appropriate.
Where a party has committed an unlawful act intentionally, the Tribunal may award exemplary damages where it is satisfied it would be just to do so, having regard to the party’s intent, the effect of the unlawful act, the interests of the other party, and the public interest. See section 109(3) Residential Tenancies Act 1986.
Because W Thompson & Co Ltd-Harcourts Gore As Agent For Christine Utting has wholly succeeded with the claim I must reimburse the filing fee.

Tenancy Tribunal case 5033988 — Exemplary damages at 1 Tainui Street, Gore, Gore 9710

At a glance

Tenancy Tribunal case 5033988 — Exemplary damages at 1 Tainui Street, Gore, Gore 9710

At a glance

Award balance

Claims & awards

Order

Reasons

How much is owed for rent?

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?

Is the tenant responsible for the damage to the premises?

Topics & place

Residential Tenancies Act sections

Key findings

Property management

Frequently asked questions