What was Tenancy Tribunal case 5300539 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 5300539?

Filing Fee: $28.00 awarded to landlord; Property Damage: $575.00 awarded to landlord; Remove Fence Tenant Installed: $287.50 awarded to landlord; Property Damage: $1,995.39 awarded to landlord; Property Damage: $287.50 awarded to landlord; Replace Door Locks: $402.50 awarded to landlord; Replace furnishings: Panel heater 50…: $143.15 awarded to landlord; Rubbish Removal: $655.50 awarded to landlord; Smoke Alarms: $17.28 awarded to landlord; Tenant Removed - Replace Sensors: $89.58 awarded to landlord; Property Damage: $690.00 awarded to landlord

What type of tenancy dispute was case 5300539?

The primary dispute was Property damage. Related themes: Smoke alarms.

Where can I read the official tribunal order for case 5300539?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/12224835-Tribunal_Order_Redacted.pdf.

What was Tenancy Tribunal case 5300539 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 5300539?

Filing Fee: $28.00 awarded to landlord; Property Damage: $575.00 awarded to landlord; Remove Fence Tenant Installed: $287.50 awarded to landlord; Property Damage: $1,995.39 awarded to landlord; Property Damage: $287.50 awarded to landlord; Replace Door Locks: $402.50 awarded to landlord; Replace furnishings: Panel heater 50…: $143.15 awarded to landlord; Rubbish Removal: $655.50 awarded to landlord; Smoke Alarms: $17.28 awarded to landlord; Tenant Removed - Replace Sensors: $89.58 awarded to landlord; Property Damage: $690.00 awarded to landlord

What type of tenancy dispute was case 5300539?

The primary dispute was Property damage. Related themes: Smoke alarms.

Where can I read the official tribunal order for case 5300539?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/12224835-Tribunal_Order_Redacted.pdf.

New Zealand Tenancy Tribunal Case 5300539 — Property damage

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New Zealand Tenancy Tribunal Case 5300539 — Property damage | TenantCheck

Claims & awards

What this tenancy cost at tribunal — claim, category, amount, and party awarded, with reconciled net total.

Claims and awards in Tenancy Tribunal application 5300539 — net $3,951.40 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Repairs: Broken glass - sliding door replacement	$1,995.39	Repairs: Broken glass - sliding door replacement
Tenant removed - Smoke alarms	$17.28	Tenant removed - Smoke alarms
Tenant removed - Replace sensors	$89.58	Tenant removed - Replace sensors
Replace furnishings: Panel heater 50% depreciation	$143.15	Replace furnishings: Panel heater 50% depreciation
Repairs: Damaged wiring and sensor lights	$287.50	Repairs: Damaged wiring and sensor lights
Window repairs: Replace blackened cracked windows	$690.00	Window repairs: Replace blackened cracked windows
Replace door locks	$402.50	Replace door locks
Painting and shower door repair	$575.00	Painting and shower door repair
Remove fence tenant installed	$287.50	Remove fence tenant installed
Rubbish removal	$655.50	Rubbish removal
Filing fee reimbursement	$28.00	Filing fee reimbursement
Net award	$3,951.40
Total payable by Tenant to Landlord	$3,951.40

Claims and awards for application 5300539 — net $3,951.40 NZD. Verify on MoJ.

Repairs: Broken glass - sliding door replacement

Amount: $1,995.39
Awarded to: Landlord
Reason: Repairs: Broken glass - sliding door replacement

Tenant removed - Smoke alarms

Amount: $17.28
Awarded to: Landlord
Reason: Tenant removed - Smoke alarms

Tenant removed - Replace sensors

Amount: $89.58
Awarded to: Landlord
Reason: Tenant removed - Replace sensors

Replace furnishings: Panel heater 50% depreciation

Amount: $143.15
Awarded to: Landlord
Reason: Replace furnishings: Panel heater 50% depreciation

Repairs: Damaged wiring and sensor lights

Amount: $287.50
Awarded to: Landlord

Claim types — money lines allowed on this order

Filing Fee Property damage Rubbish Removal Replace Smoke Alarms

Order

An application for suppression has been made in this case, and the Tribunal orders suppression of the landlord’s name and identifying details.
ORANOA TERAUNA must pay the landlord $3,951.40 immediately, calculated as shown in table below.
The Bond Centre is to pay the bond of $1,220.00 ([Bond number suppressed]) to the landlord immediately.
There are additional charges that have not been incurred that may be the subject of a separate application. These include replacing the electric meter box, quoted at $,3000.00.

Reasons

Only the landlord attended the hearing.
The landlord has applied for compensation, refund of the bond, and reimbursement of the filing fee following the end of the tenancy.

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 remove all rubbish, 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 tidy and did not remove all rubbish.
The following chattels were missing at the end of the tenancy: smoke alarms, motion sensors, and an electric panel heater. The landlord has provided invoices for the replacement of these items.
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 following damage was caused during the tenancy: a. sliding door and glass, b. wiring has been cut, c. windows were broken and attempts made to hide the damage by painting the windows black, d. door locks have been damaged, e. the shower door needed work to replace it, f. some damaged walls required painting, g. the tenant installed a fence that had to be removed.
The damage is more than fair wear and tear, and the tenant has not disproved liability for the damage. Some damage is clearly intentional damage. The electric power box has been removed by cutting all wires. I have suggested that the landlord get a second quote for this work from an electrician and a separate application be made.
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. I have reduced the amount to be paid for the heater by 50%. Filing Fee
Because the landlord has been successful with the claim the filing fee of $27.00 is ordered to be paid by the tenant. Suppression
The landlord has applied for name suppression. Section 95A(1) of the Residential Tenancies Act 1986 provides that 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.
The landlord has substantially succeeded with the claim and therefore name suppression is granted.

Claims & awards

What this tenancy cost at tribunal — claim, category, amount, and party awarded, with reconciled net total.

Claims and awards in Tenancy Tribunal application 5300539 — net $3,951.40 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Repairs: Broken glass - sliding door replacement	$1,995.39	Repairs: Broken glass - sliding door replacement
Tenant removed - Smoke alarms	$17.28	Tenant removed - Smoke alarms
Tenant removed - Replace sensors	$89.58	Tenant removed - Replace sensors
Replace furnishings: Panel heater 50% depreciation	$143.15	Replace furnishings: Panel heater 50% depreciation
Repairs: Damaged wiring and sensor lights	$287.50	Repairs: Damaged wiring and sensor lights
Window repairs: Replace blackened cracked windows	$690.00	Window repairs: Replace blackened cracked windows
Replace door locks	$402.50	Replace door locks
Painting and shower door repair	$575.00	Painting and shower door repair
Remove fence tenant installed	$287.50	Remove fence tenant installed
Rubbish removal	$655.50	Rubbish removal
Filing fee reimbursement	$28.00	Filing fee reimbursement
Net award	$3,951.40
Total payable by Tenant to Landlord	$3,951.40

Claims and awards for application 5300539 — net $3,951.40 NZD. Verify on MoJ.

Repairs: Broken glass - sliding door replacement

Amount: $1,995.39
Awarded to: Landlord
Reason: Repairs: Broken glass - sliding door replacement

Tenant removed - Smoke alarms

Amount: $17.28
Awarded to: Landlord
Reason: Tenant removed - Smoke alarms

Tenant removed - Replace sensors

Amount: $89.58
Awarded to: Landlord
Reason: Tenant removed - Replace sensors

Replace furnishings: Panel heater 50% depreciation

Amount: $143.15
Awarded to: Landlord
Reason: Replace furnishings: Panel heater 50% depreciation

Repairs: Damaged wiring and sensor lights

Amount: $287.50
Awarded to: Landlord

Claim types — money lines allowed on this order

Filing Fee Property damage Rubbish Removal Replace Smoke Alarms

Order

An application for suppression has been made in this case, and the Tribunal orders suppression of the landlord’s name and identifying details.
ORANOA TERAUNA must pay the landlord $3,951.40 immediately, calculated as shown in table below.
The Bond Centre is to pay the bond of $1,220.00 ([Bond number suppressed]) to the landlord immediately.
There are additional charges that have not been incurred that may be the subject of a separate application. These include replacing the electric meter box, quoted at $,3000.00.

Reasons

Only the landlord attended the hearing.
The landlord has applied for compensation, refund of the bond, and reimbursement of the filing fee following the end of the tenancy.

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 remove all rubbish, 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 tidy and did not remove all rubbish.
The following chattels were missing at the end of the tenancy: smoke alarms, motion sensors, and an electric panel heater. The landlord has provided invoices for the replacement of these items.
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 following damage was caused during the tenancy: a. sliding door and glass, b. wiring has been cut, c. windows were broken and attempts made to hide the damage by painting the windows black, d. door locks have been damaged, e. the shower door needed work to replace it, f. some damaged walls required painting, g. the tenant installed a fence that had to be removed.
The damage is more than fair wear and tear, and the tenant has not disproved liability for the damage. Some damage is clearly intentional damage. The electric power box has been removed by cutting all wires. I have suggested that the landlord get a second quote for this work from an electrician and a separate application be made.
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. I have reduced the amount to be paid for the heater by 50%. Filing Fee
Because the landlord has been successful with the claim the filing fee of $27.00 is ordered to be paid by the tenant. Suppression
The landlord has applied for name suppression. Section 95A(1) of the Residential Tenancies Act 1986 provides that 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.
The landlord has substantially succeeded with the claim and therefore name suppression is granted.

Tenancy Tribunal case 5300539 — Property damage

At a glance

Tenancy Tribunal case 5300539 — Property damage

At a glance

Award balance

Claims & awards

Order

Reasons

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

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