What was Tenancy Tribunal case 5098715 about?

The tribunal order states: The Landlord’s name and identifying details are suppressed.

How much money was awarded in case 5098715?

Cleaning: $150.00 awarded to landlord; Property Damage: $250.00 awarded to landlord; Property Damage: $1,000.00 awarded to landlord; Rent Arrears: $417.86 awarded to landlord

What type of tenancy dispute was case 5098715?

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

Where can I read the official tribunal order for case 5098715?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/11504438-Tribunal_Order_Redacted.pdf.

What was Tenancy Tribunal case 5098715 about?

The tribunal order states: The Landlord’s name and identifying details are suppressed.

How much money was awarded in case 5098715?

Cleaning: $150.00 awarded to landlord; Property Damage: $250.00 awarded to landlord; Property Damage: $1,000.00 awarded to landlord; Rent Arrears: $417.86 awarded to landlord

What type of tenancy dispute was case 5098715?

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

Where can I read the official tribunal order for case 5098715?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/11504438-Tribunal_Order_Redacted.pdf.

New Zealand Tenancy Tribunal Case 5098715 — Property damage

Order

Claims and awards in Tenancy Tribunal application 5098715. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears	$417.86	Rent arrears
Lock replacement	$250.00	Lock replacement
Room cleanup	$150.00	Room cleanup
Fire damage (excess only	$1,000.00	Fire damage (excess only

The Landlord’s name and identifying details are suppressed.

Reon Dawson to pay [The applicant/s] $517.86 immediately, calculated as follows: DescriptionLandlord Rent arrears$417.86 Lock replacement$250.00 Room cleanup$150.00 Fire damage (excess only)$1,000.00 Total award$1,817.86 Minus Bond-$1,300.00 Tenant to Pay$517.86

Bond Centre to pay the bond of $1,300.00 to [The applicant/s] immediately.

Reasons

The Landlord attended the hearing by phone. The Tenant did not answer when called.

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

How much is owed for rent?

The tenancy ended on 25 October 2024. The landlord has provided records which prove the amount of rent owing to the end of the tenancy: $417.86

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 goods and rubbish, return all keys and security devices, and leave all chattels provided for their benefit. See section 66M(b) to (e) Residential Tenancies Act 1986.

The tenant did not leave his room reasonably clean and tidy and did not remove his property. The cost to the Landlord in tidying the room and preparing it for the next boarder was $150.00, which amount I approve.

The tenant did not return the keys. The Landlord did try to reach out to the Tenant following the tenancy to recover the keys. The Tenant did not response. The cost of rekeying the locks was $250.00. I award this amount.

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 49B, 66K(2)(a), and 66L 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 Tenant set a pot of oil on fire, atop the stove. This burned the stove the wall nearest the stove and the ceiling. The damage is extensive, with soot deposits found in the lounge.

The damage is more than fair wear and tear, and the tenant has not disproved liability for the damage, which is accidental.

The Landlord’s insurance access is $1,000.00. I find the Tenant liable to pay this amount.

The Landlord requested name suppression and has succeeded in its claim.

The Tenant made a genuine mistake and even tried to clean up the mess, but then proceeded to leave the premises without tidying up and took the keys with him. I find I cannot grant name suppression in these circumstances.

Claims and awards in Tenancy Tribunal application 5098715. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears	$417.86	Rent arrears
Lock replacement	$250.00	Lock replacement
Room cleanup	$150.00	Room cleanup
Fire damage (excess only	$1,000.00	Fire damage (excess only

Order

The Landlord’s name and identifying details are suppressed.
Reon Dawson to pay [The applicant/s] $517.86 immediately, calculated as follows: DescriptionLandlord Rent arrears$417.86 Lock replacement$250.00 Room cleanup$150.00 Fire damage (excess only)$1,000.00 Total award$1,817.86 Minus Bond-$1,300.00 Tenant to Pay$517.86
Bond Centre to pay the bond of $1,300.00 to [The applicant/s] immediately.

Reasons

The Landlord attended the hearing by phone. The Tenant did not answer when called.
The landlord has applied for rent arrears, compensation, refund of the bond, and reimbursement of the filing fee following the end of the boarding house tenancy.

How much is owed for rent?

The tenancy ended on 25 October 2024. The landlord has provided records which prove the amount of rent owing to the end of the tenancy: $417.86

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 goods and rubbish, return all keys and security devices, and leave all chattels provided for their benefit. See section 66M(b) to (e) Residential Tenancies Act 1986.
The tenant did not leave his room reasonably clean and tidy and did not remove his property. The cost to the Landlord in tidying the room and preparing it for the next boarder was $150.00, which amount I approve.
The tenant did not return the keys. The Landlord did try to reach out to the Tenant following the tenancy to recover the keys. The Tenant did not response. The cost of rekeying the locks was $250.00. I award this amount.

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 49B, 66K(2)(a), and 66L 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 Tenant set a pot of oil on fire, atop the stove. This burned the stove the wall nearest the stove and the ceiling. The damage is extensive, with soot deposits found in the lounge.
The damage is more than fair wear and tear, and the tenant has not disproved liability for the damage, which is accidental.
The Landlord’s insurance access is $1,000.00. I find the Tenant liable to pay this amount.
The Landlord requested name suppression and has succeeded in its claim.
The Tenant made a genuine mistake and even tried to clean up the mess, but then proceeded to leave the premises without tidying up and took the keys with him. I find I cannot grant name suppression in these circumstances.

Tenancy Tribunal case 5098715 — Property damage

At a glance

Tenancy Tribunal case 5098715 — Property damage

At a glance

Claims & awards

Order

Reasons

How much is owed for rent?

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

Claims & awards

Order

Reasons

How much is owed for rent?

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