What was the outcome of Tenancy Tribunal case 5132693?

The tribunal order states: Jackie-Lynn Nicole McGuckin and Seton Sept Onze Powell must pay

How much money was awarded in case 5132693?

Filing Fee: $27.00 awarded to landlord; Property Damage: $200.00 awarded to landlord; Rent Arrears: $5,385.00 awarded to landlord

What type of tenancy dispute was case 5132693?

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

Where can I read the official tribunal order for case 5132693?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/11760552-Tenancy_Tribunal_Order.pdf.

What was the outcome of Tenancy Tribunal case 5132693?

The tribunal order states: Jackie-Lynn Nicole McGuckin and Seton Sept Onze Powell must pay

How much money was awarded in case 5132693?

Filing Fee: $27.00 awarded to landlord; Property Damage: $200.00 awarded to landlord; Rent Arrears: $5,385.00 awarded to landlord

What type of tenancy dispute was case 5132693?

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

Where can I read the official tribunal order for case 5132693?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/11760552-Tenancy_Tribunal_Order.pdf.

369 Ilam Road, Bryndwr, Christchurch 8053 Tenancy Tribunal Case 5132693 — Rent arrears

Reasons

Claims and awards in Tenancy Tribunal application 5132693 — net $3,492.00 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears to 15.11.24	$5,385.00	Rent arrears to 15.11.24
Repairs – wall damage	$200.00	Repairs – wall damage
Filing fee reimbursement	$27.00	Filing fee reimbursement
Net award	$3,492.00
Total payable by Tenant to Landlord	$3,492.00

The landlord and guarantor attended the remote hearing.

The tenant requested an adjournment shortly before the hearing. I did not grant the adjournment. The tenant was phoned on the phone number provided. The tenant did not answer the phone call or connect to the remote hearing and the hearing proceeded in her 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. Rent arrears

The tenancy ended on 15 November 2024. The landlord provided rent records 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. 1

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). 2

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). 3 Where insurance money is irrecoverable because of the tenant's conduct, the property is treated as if it is not insured against the damage. 4

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. 5

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 1 See sections 40(2)(a), 41 and 49B RTA. 2 See section 49B(3)(a) RTA. 3 See section 49B(3)(b) RTA. 4 See section 49B(3A)(a) RTA. 5 See section 49B(1) RTA. person does something, or allows a situation to continue, knowing that damage is a certainty. 6 Wall damage

Two walls were damaged during the tenancy. The guarantor said the damage may have been caused by the tenant’s son.

The damage appears likely to have been intentional.

The landlord claimed $690 to repair the holes in the two walls based on a quote provided.

I must take 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 must take into account the age and condition of the items at the start of the tenancy and their likely useful lifespan.

The landlord did not know how old the premises were however the wallpaper appeared aged. The quote is to repair and paint the two damaged walls. Only a quote has been provided. The Tribunal takes a cautious approach when quotes are provided as the actual cost has not been established. The landlord also advised that the current tenants do not want the repairs undertaken and the landlord said the repairs will likely be undertaken following the end of the current tenancy.

I do not find the landlord has established a loss however the sum awarded recognises that the tenant has breached their obligation and caused damage for which they are liable, but I am not persuaded the precise loss is quantified by the quote provided.

I have awarded $200 having regards to the comments made above.

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

The amounts ordered are proved. Guarantor

On 4 October 2023 the guarantor provided a guarantee to the landlord, which undertook that the guarantor would be liable for any breach of the tenant's obligations. Specifically, the guarantor agreed to be liable for anything the tenant is liable for in respect of the tenancy. 6 See Guo v Korck [2019] NZHC 1541.

The Tribunal has ordered the tenant to pay $3,492.00 to the landlord for the tenant’s breaches, which are all matters covered by the guarantee.

I am therefore satisfied that the guarantor is liable under the guarantee to pay the landlord the sum ordered. 7 Bond

The bond is to be paid to the landlord immediately to offset the rent arrears. Filing fee

Because the landlord has substantially succeeded with the claim, I have reimbursed the filing fee. Suppression

There was no application for suppression from either party.

Claims and awards in Tenancy Tribunal application 5132693 — net $3,492.00 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears to 15.11.24	$5,385.00	Rent arrears to 15.11.24
Repairs – wall damage	$200.00	Repairs – wall damage
Filing fee reimbursement	$27.00	Filing fee reimbursement
Net award	$3,492.00
Total payable by Tenant to Landlord	$3,492.00

Order

Jackie-Lynn Nicole McGuckin and Seton Sept Onze Powell must pay Wongeoon Vast Limited $3,492.00 immediately, calculated as shown in table below.

Reasons

The landlord and guarantor attended the remote hearing.
The tenant requested an adjournment shortly before the hearing. I did not grant the adjournment. The tenant was phoned on the phone number provided. The tenant did not answer the phone call or connect to the remote hearing and the hearing proceeded in her 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. Rent arrears
The tenancy ended on 15 November 2024. The landlord provided rent records 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. 1
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). 2
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). 3 Where insurance money is irrecoverable because of the tenant's conduct, the property is treated as if it is not insured against the damage. 4
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. 5
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 1 See sections 40(2)(a), 41 and 49B RTA. 2 See section 49B(3)(a) RTA. 3 See section 49B(3)(b) RTA. 4 See section 49B(3A)(a) RTA. 5 See section 49B(1) RTA. person does something, or allows a situation to continue, knowing that damage is a certainty. 6 Wall damage
Two walls were damaged during the tenancy. The guarantor said the damage may have been caused by the tenant’s son.
The damage appears likely to have been intentional.
The landlord claimed $690 to repair the holes in the two walls based on a quote provided.
I must take 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 must take into account the age and condition of the items at the start of the tenancy and their likely useful lifespan.
The landlord did not know how old the premises were however the wallpaper appeared aged. The quote is to repair and paint the two damaged walls. Only a quote has been provided. The Tribunal takes a cautious approach when quotes are provided as the actual cost has not been established. The landlord also advised that the current tenants do not want the repairs undertaken and the landlord said the repairs will likely be undertaken following the end of the current tenancy.
I do not find the landlord has established a loss however the sum awarded recognises that the tenant has breached their obligation and caused damage for which they are liable, but I am not persuaded the precise loss is quantified by the quote provided.
I have awarded $200 having regards to the comments made above.
The damage is more than fair wear and tear, and the tenant has not disproved liability for the damage.
The amounts ordered are proved. Guarantor
On 4 October 2023 the guarantor provided a guarantee to the landlord, which undertook that the guarantor would be liable for any breach of the tenant's obligations. Specifically, the guarantor agreed to be liable for anything the tenant is liable for in respect of the tenancy. 6 See Guo v Korck [2019] NZHC 1541.
The Tribunal has ordered the tenant to pay $3,492.00 to the landlord for the tenant’s breaches, which are all matters covered by the guarantee.
I am therefore satisfied that the guarantor is liable under the guarantee to pay the landlord the sum ordered. 7 Bond
The bond is to be paid to the landlord immediately to offset the rent arrears. Filing fee
Because the landlord has substantially succeeded with the claim, I have reimbursed the filing fee. Suppression
There was no application for suppression from either party.

Tenancy Tribunal case 5132693 — Rent arrears at 369 Ilam Road, Bryndwr, Christchurch 8053

At a glance

Tenancy Tribunal case 5132693 — Rent arrears at 369 Ilam Road, Bryndwr, Christchurch 8053

At a glance

Award balance

Claims & awards

Order

Reasons

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

Is the tenant responsible for the damage to the premises?

Topics & place

Residential Tenancies Act sections

Key findings

Property management

Frequently asked questions