What was Tenancy Tribunal case 5151668 about?

The tribunal order states: An application for suppression has been made in this case, and the Tribunal

How much money was awarded in case 5151668?

Filing Fee: $27.00 awarded to landlord; Power Charges During Tenancy: $527.00 awarded to landlord; Property Damage: $986.59 awarded to landlord; Property Damage: $3,000.00 awarded to landlord; Rent: $2,210.00 awarded to landlord

What type of tenancy dispute was case 5151668?

The primary dispute was Property damage.

Where can I read the official tribunal order for case 5151668?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/11904976-Tribunal_Order_Redacted.pdf.

What was Tenancy Tribunal case 5151668 about?

The tribunal order states: An application for suppression has been made in this case, and the Tribunal

How much money was awarded in case 5151668?

Filing Fee: $27.00 awarded to landlord; Power Charges During Tenancy: $527.00 awarded to landlord; Property Damage: $986.59 awarded to landlord; Property Damage: $3,000.00 awarded to landlord; Rent: $2,210.00 awarded to landlord

What type of tenancy dispute was case 5151668?

The primary dispute was Property damage.

Where can I read the official tribunal order for case 5151668?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/11904976-Tribunal_Order_Redacted.pdf.

2 Cosy Place, Howick, Auckland 2014 Tenancy Tribunal Case 5151668 — Property damage

Reasons

Claims and awards in Tenancy Tribunal application 5151668 — net $6,750.59 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent to 22 January 2025	$2,210.00	Rent to 22 January 2025
Materials for repairs	$986.59	Materials for repairs
Power charges during tenancy	$527.00	Power charges during tenancy
Repairs to walls, door, toilet, windows	$3,000.00	Repairs to walls, door, toilet, windows
Filing fee reimbursement	$27.00	Filing fee reimbursement
Net award	$6,750.59
Total payable by Tenant to Landlord	$6,750.59

The landlord attended the hearing today.

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

The fixed term tenancy began on 30 September 2024 and expired on 15 January 2025. The landlord said the tenants did not leave until 22 January 2025 and claimed rent to this date.

The landlord also claimed loss of rent as compensation from 23 January 2025 to 2 February 2025, when the repairs works were completed. On the evidence available, it does not appear that the landlord had found a tenant who was waiting to move in when the tenancy ended or soon afterwards. It might have been a couple of weeks before a new tenant could be found in any event, even if the premises were in a condition suitable for viewings.

The landlord said the tenants did not pay any power charges during the tenancy. The landlord provided power invoices which prove the amount owing at the end of the tenancy.

I note that the tenants did not pay the bond of $2,600.00 required by the tenancy agreement and the landlord said any amounts they did pay were applied to the rent. The claim for rent arrears was supported by a rent summary. Rubbish Removal

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.

The tenant did not remove all rubbish. The landlord’s photographs show a very large pile of black rubbish bags piled up in the garden. Tenant Damage

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.

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.

Where the damage is careless and is not covered by the landlord's insurance, the tenant's liability is limited to four weeks' rent. The landlord did not have insurance.

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.

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.

Extensive damage was caused during the tenancy. There were large holes in the walls of the lounge going right through the plaster and gib, several large holes had been plastered over but not to a workmanlike standard, the laundry window had missing window slats, and there was damage to a fence outside. The toilet cistern was cracked, and the toilet base was loose. The damage is more than fair wear and tear, and the tenant has not disproved liability for the damage.

The landlord hired a builder to perform repairs and rubbish removal and paid him in Yuan. The landlord told me the agreed price in New Zealand dollars was $3,000.00. In Yuan the amount paid on 2 February 2025 was CNY 12,500.00 which at today’s exchange rates is approximately $3,000.00. I consider this was a very reasonable price given the amount of damage. Filing Fee and Name Suppression

The landlord has succeeded. I award the filing fee and grant suppression as requested.

Claims and awards in Tenancy Tribunal application 5151668 — net $6,750.59 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent to 22 January 2025	$2,210.00	Rent to 22 January 2025
Materials for repairs	$986.59	Materials for repairs
Power charges during tenancy	$527.00	Power charges during tenancy
Repairs to walls, door, toilet, windows	$3,000.00	Repairs to walls, door, toilet, windows
Filing fee reimbursement	$27.00	Filing fee reimbursement
Net award	$6,750.59
Total payable by Tenant to Landlord	$6,750.59

Order

An application for suppression has been made in this case, and the Tribunal orders suppression of the landlord’s name and identifying details.
Bronson Hamilton and Brooke Hamilton must pay [The landlord/s] $6,750.59 immediately, calculated as shown in the table below.

Reasons

The landlord attended the hearing today.
The landlord has applied for rent arrears, outgoings, compensation, and reimbursement of the filing fee following the end of the tenancy. Rent and Power
The fixed term tenancy began on 30 September 2024 and expired on 15 January 2025. The landlord said the tenants did not leave until 22 January 2025 and claimed rent to this date.
The landlord also claimed loss of rent as compensation from 23 January 2025 to 2 February 2025, when the repairs works were completed. On the evidence available, it does not appear that the landlord had found a tenant who was waiting to move in when the tenancy ended or soon afterwards. It might have been a couple of weeks before a new tenant could be found in any event, even if the premises were in a condition suitable for viewings.
The landlord said the tenants did not pay any power charges during the tenancy. The landlord provided power invoices which prove the amount owing at the end of the tenancy.
I note that the tenants did not pay the bond of $2,600.00 required by the tenancy agreement and the landlord said any amounts they did pay were applied to the rent. The claim for rent arrears was supported by a rent summary. Rubbish Removal
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.
The tenant did not remove all rubbish. The landlord’s photographs show a very large pile of black rubbish bags piled up in the garden. Tenant Damage
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.
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.
Where the damage is careless and is not covered by the landlord's insurance, the tenant's liability is limited to four weeks' rent. The landlord did not have insurance.
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.
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.
Extensive damage was caused during the tenancy. There were large holes in the walls of the lounge going right through the plaster and gib, several large holes had been plastered over but not to a workmanlike standard, the laundry window had missing window slats, and there was damage to a fence outside. The toilet cistern was cracked, and the toilet base was loose. The damage is more than fair wear and tear, and the tenant has not disproved liability for the damage.
The landlord hired a builder to perform repairs and rubbish removal and paid him in Yuan. The landlord told me the agreed price in New Zealand dollars was $3,000.00. In Yuan the amount paid on 2 February 2025 was CNY 12,500.00 which at today’s exchange rates is approximately $3,000.00. I consider this was a very reasonable price given the amount of damage. Filing Fee and Name Suppression
The landlord has succeeded. I award the filing fee and grant suppression as requested.

Tenancy Tribunal case 5151668 — Property damage at 2 Cosy Place, Howick, Auckland 2014

At a glance

Tenancy Tribunal case 5151668 — Property damage at 2 Cosy Place, Howick, Auckland 2014

At a glance

Award balance

Claims & awards

Order

Reasons

Topics & place

Key findings

Frequently asked questions

Award balance

Claims & awards

Order

Reasons

Topics & place

Key findings

Frequently asked questions