What was Tenancy Tribunal case 5373342 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 5373342?

Filing Fee: $28.00 awarded to landlord; Lawns and Garden Work: $289.27 awarded to landlord; Property Damage: $2,250.00 awarded to landlord; Property Damage: $255.31 awarded to landlord; Switchboard: $900.00 awarded to landlord; Rubbish Removal: $449.20 awarded to landlord

What type of tenancy dispute was case 5373342?

The primary dispute was Property damage.

Where can I read the official tribunal order for case 5373342?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/13001802-Tribunal_Order_Redacted.pdf.

What was Tenancy Tribunal case 5373342 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 5373342?

Filing Fee: $28.00 awarded to landlord; Lawns and Garden Work: $289.27 awarded to landlord; Property Damage: $2,250.00 awarded to landlord; Property Damage: $255.31 awarded to landlord; Switchboard: $900.00 awarded to landlord; Rubbish Removal: $449.20 awarded to landlord

What type of tenancy dispute was case 5373342?

The primary dispute was Property damage.

Where can I read the official tribunal order for case 5373342?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/13001802-Tribunal_Order_Redacted.pdf.

New Zealand Tenancy Tribunal Case 5373342 — Property damage

Reasons

Claims and awards in Tenancy Tribunal application 5373342 — net $4,171.78 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rubbish removal	$449.20	Rubbish removal
Carpet damage	$2,250.00	Carpet damage
Lawns and Garden work	$289.27	Lawns and Garden work
Repairs: Door damage	$255.31	Repairs: Door damage
Repairs: Switchboard	$900.00	Repairs: Switchboard
Filing fee reimbursement	$28.00	Filing fee reimbursement
Net award	$4,171.78
Total payable by Tenant to Landlord	$4,171.78

The landlord attended the hearing via videoconference. The tenants did not join via the link so they were called on the numbers provided. There was no answer.

The absence of a party does not prevent a matter from being heard and determined.

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

There has been a delay in this claim being filed as the landlord has been dealing with his insurance company.

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 did not remove all rubbish and the garden had to be tidied up and re-seeded.

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 landlord is seeking compensation for damage to carpets, vinyl, back door, and the switch board which had been deliberately tempered with.

The landlord has not provided sufficient evidence to prove that the carpets needed to be replaced in their entirety. However, I acknowledge damage caused by a dog in the hallway, and at least two other areas during this tenancy. I award the insurance excess of $750.00 x 3 for a total of $2,250.00 instead of the $4,569.00 claimed. I also award $255.31 for the door repair, and $900.00 for the switchboard as claimed. The damage is more than fair wear and tear, and the tenant has not disproved liability for the damage.

The amounts ordered are proved.

I decline to make any award for the vinyl flooring. The photographs provided are inconclusive and do not prove that damage occurred during this tenancy to the extent that the vinyl required replacement.

As [The applicant/s] has substantially succeeded with the claim, the tenant must reimburse the filing fee.

The landlord is entitled to name suppression as requested.

Claims and awards in Tenancy Tribunal application 5373342 — net $4,171.78 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rubbish removal	$449.20	Rubbish removal
Carpet damage	$2,250.00	Carpet damage
Lawns and Garden work	$289.27	Lawns and Garden work
Repairs: Door damage	$255.31	Repairs: Door damage
Repairs: Switchboard	$900.00	Repairs: Switchboard
Filing fee reimbursement	$28.00	Filing fee reimbursement
Net award	$4,171.78
Total payable by Tenant to Landlord	$4,171.78

Order

An application for suppression has been made in this case, and the Tribunal orders suppression of the Landlord name and identifying details.
Jessica Sarah Stephanie Graham and Shayde Thomas Mark Heke must pay [the landlord] $4,171.78 immediately, calculated as shown in table below.

Reasons

The landlord attended the hearing via videoconference. The tenants did not join via the link so they were called on the numbers provided. There was no answer.
The absence of a party does not prevent a matter from being heard and determined.
The landlord has applied for compensation and reimbursement of the filing fee following the end of the tenancy.
There has been a delay in this claim being filed as the landlord has been dealing with his insurance company.

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 did not remove all rubbish and the garden had to be tidied up and re-seeded.
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 landlord is seeking compensation for damage to carpets, vinyl, back door, and the switch board which had been deliberately tempered with.
The landlord has not provided sufficient evidence to prove that the carpets needed to be replaced in their entirety. However, I acknowledge damage caused by a dog in the hallway, and at least two other areas during this tenancy. I award the insurance excess of $750.00 x 3 for a total of $2,250.00 instead of the $4,569.00 claimed. I also award $255.31 for the door repair, and $900.00 for the switchboard as claimed. The damage is more than fair wear and tear, and the tenant has not disproved liability for the damage.
The amounts ordered are proved.
I decline to make any award for the vinyl flooring. The photographs provided are inconclusive and do not prove that damage occurred during this tenancy to the extent that the vinyl required replacement.
As [The applicant/s] has substantially succeeded with the claim, the tenant must reimburse the filing fee.
The landlord is entitled to name suppression as requested.

Tenancy Tribunal case 5373342 — Property damage

At a glance

Award balance

Tenancy Tribunal case 5373342 — 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

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