What was the outcome of Tenancy Tribunal case 5043189?

The tribunal order states: Gemma-Ina Toese must pay Barfoot & Thompson Limited As Agent For Gong,

How much money was awarded in case 5043189?

Filing Fee: $27.00 awarded to landlord; Property Damage: $4,805.85 awarded to landlord; Property Damage: $291.00 awarded to landlord; Rent Arrears: $1,350.00 awarded to landlord; Holes In Walls: $690.00 awarded to landlord; Rubbish Removal: $457.00 awarded to landlord; Water Rates: $157.90 awarded to landlord

What type of tenancy dispute was case 5043189?

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

Where can I read the official tribunal order for case 5043189?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/11086634-Tenancy_Tribunal_Order.pdf.

What was the outcome of Tenancy Tribunal case 5043189?

The tribunal order states: Gemma-Ina Toese must pay Barfoot & Thompson Limited As Agent For Gong,

How much money was awarded in case 5043189?

Filing Fee: $27.00 awarded to landlord; Property Damage: $4,805.85 awarded to landlord; Property Damage: $291.00 awarded to landlord; Rent Arrears: $1,350.00 awarded to landlord; Holes In Walls: $690.00 awarded to landlord; Rubbish Removal: $457.00 awarded to landlord; Water Rates: $157.90 awarded to landlord

What type of tenancy dispute was case 5043189?

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

Where can I read the official tribunal order for case 5043189?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/11086634-Tenancy_Tribunal_Order.pdf.

277 Richmond Road, Westmere, Auckland 1022 Tenancy Tribunal Case 5043189 — Property damage

Claims and awards in Tenancy Tribunal application 5043189 — net $2,778.75 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears to 26 August 2024	$1,350.00	Rent arrears to 26 August 2024
Water rates	$157.90	Water rates
Repairs: holes in walls	$690.00	Repairs: holes in walls
Carpet replacement	$4,805.85	Carpet replacement
Lock/key replacement	$291.00	Lock/key replacement
Rubbish removal: and clean	$457.00	Rubbish removal: and clean
Filing fee reimbursement	$27.00	Filing fee reimbursement
Net award	$2,778.75
Total payable by Tenant to Landlord	$2,778.75

Order

Gemma-Ina Toese must pay Barfoot & Thompson Limited As Agent For Gong, Annie (Zgr Development Co Ltd) $2,778.75 immediately, calculated as shown in table below.
The Bond Centre is to pay the bond of $5,000.00 (6392698-010) to Barfoot & Thompson Limited As Agent For Gong, Annie (Zgr Development Co Ltd) immediately.

Reasons

The landlord attended the hearing. The tenant did not attend the hearing.
Because I am satisfied the tenant has been served notice of the hearing in accordance with the Residential Tenancies Act, 1986 and the tenant has not requested an adjournment, the hearing was conducted in the tenant’s absence.
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 and water rates?

The tenancy ended on 26 August 2024. The landlord provided rent records and water rates invoices which prove the amount owing at the end of the tenancy is $1,350.00 for rent arrears and $157.90 for outstanding water rates invoices.

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 provided an invoice for cleaning and rubbish removal, and stated that because the landlord already had plans to repaint the house, the landlord has not claimed for any cleaning other than kitchens and bathrooms. The landlord also stated that a large amount of furniture and belongings were left behind when the tenant left, and these had to be disposed of.
The tenant did not return the keys for two sliding doors. The landlord provided an invoice for the replacement locks and keys.
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 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 landlord provided photographs that shows large fist-sized holes throughout the premises, in the bedrooms, in the living areas and in the hallways. The landlord produced an invoice for $690.00 and stated that the landlord is not claiming for repainting the repairs as the landlord already had plans to repaint the premises at the end of the tenancy.
Because of the amount and the significance of the damage, I find that the damage is intentional.
The landlord is claiming $6,007.31 to replace the carpet. The landlord stated that the carpet was brand new at the beginning of the tenancy, two years ago. The landlord also produced photographs which show the carpet now to be damaged beyond repair; there are large holes, rips, burn marks and stains across the whole carpet. The extent and seriousness of the damage leads me to conclude that the damage exceeds accidental damage and can only be the result of intentional acts.
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. Name suppression
The landlord seeks name suppression for the tenant and the landlord. The landlord has concerns that the tenant may have trouble in future accessing accommodation if her details are not suppressed. Name suppression is covered by sections 95 and 95A of the Residential Tenancies Act 1986. 95Proceedings usually to be in public (1)Except as provided in subsections (1A) and (2), the proceedings of the Tribunal shall be conducted in public. 95ASuppression orders (1)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.
There is a presumption under section 95 of the RTA that proceedings will be in public and that Tribunal Orders will be published including the parties’ identities.
There is no statutory provision that requires me to suppress the name of an unsuccessful respondent and I consider it would be contrary to the interests of justice if I were to prevent future landlords being able to access details regarding this tenancy. I decline to suppress the respondent’s details.
No sensitive issues have been raised regarding the landlord’s position, and I decline to suppress the landlord’s identifying details.
Because Barfoot & Thompson Limited As Agent For Gong, Annie (Zgr Development Co Ltd) has substantially succeeded with the claim I have reimbursed the filing fee.

Claims and awards in Tenancy Tribunal application 5043189 — net $2,778.75 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears to 26 August 2024	$1,350.00	Rent arrears to 26 August 2024
Water rates	$157.90	Water rates
Repairs: holes in walls	$690.00	Repairs: holes in walls
Carpet replacement	$4,805.85	Carpet replacement
Lock/key replacement	$291.00	Lock/key replacement
Rubbish removal: and clean	$457.00	Rubbish removal: and clean
Filing fee reimbursement	$27.00	Filing fee reimbursement
Net award	$2,778.75
Total payable by Tenant to Landlord	$2,778.75

Order

Gemma-Ina Toese must pay Barfoot & Thompson Limited As Agent For Gong, Annie (Zgr Development Co Ltd) $2,778.75 immediately, calculated as shown in table below.
The Bond Centre is to pay the bond of $5,000.00 (6392698-010) to Barfoot & Thompson Limited As Agent For Gong, Annie (Zgr Development Co Ltd) immediately.

Reasons

The landlord attended the hearing. The tenant did not attend the hearing.
Because I am satisfied the tenant has been served notice of the hearing in accordance with the Residential Tenancies Act, 1986 and the tenant has not requested an adjournment, the hearing was conducted in the tenant’s absence.
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 and water rates?

The tenancy ended on 26 August 2024. The landlord provided rent records and water rates invoices which prove the amount owing at the end of the tenancy is $1,350.00 for rent arrears and $157.90 for outstanding water rates invoices.

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 provided an invoice for cleaning and rubbish removal, and stated that because the landlord already had plans to repaint the house, the landlord has not claimed for any cleaning other than kitchens and bathrooms. The landlord also stated that a large amount of furniture and belongings were left behind when the tenant left, and these had to be disposed of.
The tenant did not return the keys for two sliding doors. The landlord provided an invoice for the replacement locks and keys.
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 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 landlord provided photographs that shows large fist-sized holes throughout the premises, in the bedrooms, in the living areas and in the hallways. The landlord produced an invoice for $690.00 and stated that the landlord is not claiming for repainting the repairs as the landlord already had plans to repaint the premises at the end of the tenancy.
Because of the amount and the significance of the damage, I find that the damage is intentional.
The landlord is claiming $6,007.31 to replace the carpet. The landlord stated that the carpet was brand new at the beginning of the tenancy, two years ago. The landlord also produced photographs which show the carpet now to be damaged beyond repair; there are large holes, rips, burn marks and stains across the whole carpet. The extent and seriousness of the damage leads me to conclude that the damage exceeds accidental damage and can only be the result of intentional acts.
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. Name suppression
The landlord seeks name suppression for the tenant and the landlord. The landlord has concerns that the tenant may have trouble in future accessing accommodation if her details are not suppressed. Name suppression is covered by sections 95 and 95A of the Residential Tenancies Act 1986. 95Proceedings usually to be in public (1)Except as provided in subsections (1A) and (2), the proceedings of the Tribunal shall be conducted in public. 95ASuppression orders (1)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.
There is a presumption under section 95 of the RTA that proceedings will be in public and that Tribunal Orders will be published including the parties’ identities.
There is no statutory provision that requires me to suppress the name of an unsuccessful respondent and I consider it would be contrary to the interests of justice if I were to prevent future landlords being able to access details regarding this tenancy. I decline to suppress the respondent’s details.
No sensitive issues have been raised regarding the landlord’s position, and I decline to suppress the landlord’s identifying details.
Because Barfoot & Thompson Limited As Agent For Gong, Annie (Zgr Development Co Ltd) has substantially succeeded with the claim I have reimbursed the filing fee.

Tenancy Tribunal case 5043189 — Property damage at 277 Richmond Road, Westmere, Auckland 1022

At a glance

Tenancy Tribunal case 5043189 — Property damage at 277 Richmond Road, Westmere, Auckland 1022

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

Property management

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

Property management

Frequently asked questions