What was Tenancy Tribunal case 5214477 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 5214477?

Cleaning: $270.25 awarded to landlord; Filing Fee: $27.00 awarded to landlord; Rent Arrears: $257.14 awarded to landlord; Callout Fee: $92.00 awarded to landlord; Install plywood, replace back and fr…: $368.00 awarded to landlord; IP Rated Key Lock Isolator: $253.00 awarded to landlord; Windows: $592.25 awarded to landlord; Rubbish Removal: $161.00 awarded to landlord

What type of tenancy dispute was case 5214477?

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

Where can I read the official tribunal order for case 5214477?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/11874891-Tribunal_Order_Redacted.pdf.

What was Tenancy Tribunal case 5214477 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 5214477?

Cleaning: $270.25 awarded to landlord; Filing Fee: $27.00 awarded to landlord; Rent Arrears: $257.14 awarded to landlord; Callout Fee: $92.00 awarded to landlord; Install plywood, replace back and fr…: $368.00 awarded to landlord; IP Rated Key Lock Isolator: $253.00 awarded to landlord; Windows: $592.25 awarded to landlord; Rubbish Removal: $161.00 awarded to landlord

What type of tenancy dispute was case 5214477?

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

Where can I read the official tribunal order for case 5214477?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/11874891-Tribunal_Order_Redacted.pdf.

New Zealand Tenancy Tribunal Case 5214477 — Property damage

Reasons

Claims and awards in Tenancy Tribunal application 5214477 — net $2,020.64 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears	$257.14	Rent arrears
Repairs: Windows	$592.25	Repairs: Windows
Repairs: Install plywood, replace back and front door locks	$368.00	Repairs: Install plywood, replace back and front door locks
Repairs: IP rated key lock isolator	$253.00	Repairs: IP rated key lock isolator
Repairs: Callout fee	$92.00	Repairs: Callout fee
Carpet Cleaning	$270.25	Carpet Cleaning
Rubbish removal: and cleaning	$161.00	Rubbish removal: and cleaning
Filing fee reimbursement	$27.00	Filing fee reimbursement
Net award	$2,020.64
Total payable by Tenant to Landlord	$2,020.64

The Landlord attended the hearing. The Tenant did not attend.

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

How much is owed for rent arrears?

The tenancy ended on 21 June 2024. The landlord claimed four days of rent and provided a rent summary to 17 June 2024. The tenancy ended four days later and no payment was received.

The amount ordered is proved.

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 is required to replace worn out smoke alarm batteries during the tenancy. See section 40(1)(ca) Residential Tenancies Act 1986. The tenant must also replace standard light bulbs.

The Tenant did not leave the premises in a reasonably clean and tidy condition and failed to remove all the rubbish. Ingoing and outgoing inspection reports were provided, which documented food stains on the lounge carpet and personal items—including clothing, shoes, and blankets—left behind at the property. The Landlord submitted invoices to substantiate the costs incurred for cleaning and rubbish removal.

Following the Tenant’s eviction, the locks on both the front and back doors required replacement. The Landlord provided an invoice to substantiate the cost of these repairs.

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 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 following damage occurred during the tenancy: a smashed front door window and bedroom window, and damage to the IP key lock isolator.

The Landlord submitted that, a few days prior to the end of the tenancy, the Tenants caused the front door and bedroom windows to be smashed. They were unable to be contacted at the end of the tenancy. The Landlord further stated that the tenancy was terminated due to incidents of anti-social behaviour, including multiple reports of family violence, which were brought to the Landlord’s attention.

As a result of the damage, the Landlord was required to temporarily secure the front door with plywood. Additionally, it was submitted that, during the tenancy, the Tenant accessed a communal IP key lock isolator used typically for emergency services and causing further damage.

Invoices substantiating the cost of repairs were provided. Both the ingoing and outgoing inspection reports confirm that the damage occurred during the tenancy. The nature and extent of the damage go beyond fair wear and tear, and the Tenant has not provided evidence to refute liability.

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.

As [The applicant/s] has wholly succeeded with the claim, name suppression is granted to the Landlord and the Tenant must reimburse the filing fee.

Claims and awards in Tenancy Tribunal application 5214477 — net $2,020.64 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears	$257.14	Rent arrears
Repairs: Windows	$592.25	Repairs: Windows
Repairs: Install plywood, replace back and front door locks	$368.00	Repairs: Install plywood, replace back and front door locks
Repairs: IP rated key lock isolator	$253.00	Repairs: IP rated key lock isolator
Repairs: Callout fee	$92.00	Repairs: Callout fee
Carpet Cleaning	$270.25	Carpet Cleaning
Rubbish removal: and cleaning	$161.00	Rubbish removal: and cleaning
Filing fee reimbursement	$27.00	Filing fee reimbursement
Net award	$2,020.64
Total payable by Tenant to Landlord	$2,020.64

Order

An application for suppression has been made in this case, and the Tribunal orders suppression of the Landlord’s name and identifying details.
Yombo Maria Patricia and Abdiwali Ahmed Shaqlane must pay [The landlord/s] $2,020.64 immediately, being rent arrears to 21 June 2024.

Reasons

The Landlord attended the hearing. The Tenant did not attend.
The landlord has applied for rent arrears, compensation, and reimbursement of the filing fee following the end of the tenancy.

How much is owed for rent arrears?

The tenancy ended on 21 June 2024. The landlord claimed four days of rent and provided a rent summary to 17 June 2024. The tenancy ended four days later and no payment was received.
The amount ordered is proved.

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 is required to replace worn out smoke alarm batteries during the tenancy. See section 40(1)(ca) Residential Tenancies Act 1986. The tenant must also replace standard light bulbs.
The Tenant did not leave the premises in a reasonably clean and tidy condition and failed to remove all the rubbish. Ingoing and outgoing inspection reports were provided, which documented food stains on the lounge carpet and personal items—including clothing, shoes, and blankets—left behind at the property. The Landlord submitted invoices to substantiate the costs incurred for cleaning and rubbish removal.
Following the Tenant’s eviction, the locks on both the front and back doors required replacement. The Landlord provided an invoice to substantiate the cost of these repairs.
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 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 following damage occurred during the tenancy: a smashed front door window and bedroom window, and damage to the IP key lock isolator.
The Landlord submitted that, a few days prior to the end of the tenancy, the Tenants caused the front door and bedroom windows to be smashed. They were unable to be contacted at the end of the tenancy. The Landlord further stated that the tenancy was terminated due to incidents of anti-social behaviour, including multiple reports of family violence, which were brought to the Landlord’s attention.
As a result of the damage, the Landlord was required to temporarily secure the front door with plywood. Additionally, it was submitted that, during the tenancy, the Tenant accessed a communal IP key lock isolator used typically for emergency services and causing further damage.
Invoices substantiating the cost of repairs were provided. Both the ingoing and outgoing inspection reports confirm that the damage occurred during the tenancy. The nature and extent of the damage go beyond fair wear and tear, and the Tenant has not provided evidence to refute liability.
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.
As [The applicant/s] has wholly succeeded with the claim, name suppression is granted to the Landlord and the Tenant must reimburse the filing fee.

Tenancy Tribunal case 5214477 — Property damage

At a glance

Tenancy Tribunal case 5214477 — Property damage

At a glance

Award balance

Claims & awards

Order

Reasons

How much is owed for rent arrears?

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

Award balance

Claims & awards

Order

Reasons

How much is owed for rent arrears?

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