How much money was awarded in case 5428892?

1 X Excess For Loss Of Rent: $550.00 awarded to landlord; Filing Fee: $28.00 awarded to landlord; Lawns: $230.00 awarded to landlord; Property Damage: $1,650.00 awarded to landlord; Property Damage: $550.00 awarded to landlord; Property Damage: $550.00 awarded to landlord; To Scratched Doors: $258.00 awarded to landlord; Water Rates: $239.82 awarded to landlord

What type of tenancy dispute was case 5428892?

The primary dispute was Property damage.

Where can I read the official tribunal order for case 5428892?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/13774775-Tribunal_Order_Redacted.pdf.

How much money was awarded in case 5428892?

1 X Excess For Loss Of Rent: $550.00 awarded to landlord; Filing Fee: $28.00 awarded to landlord; Lawns: $230.00 awarded to landlord; Property Damage: $1,650.00 awarded to landlord; Property Damage: $550.00 awarded to landlord; Property Damage: $550.00 awarded to landlord; To Scratched Doors: $258.00 awarded to landlord; Water Rates: $239.82 awarded to landlord

What type of tenancy dispute was case 5428892?

The primary dispute was Property damage.

Where can I read the official tribunal order for case 5428892?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/13774775-Tribunal_Order_Redacted.pdf.

New Zealand Tenancy Tribunal Case 5428892 — Property damage

Q: What was Tenancy Tribunal case 5428892 about?

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

Order

Claims and awards in Tenancy Tribunal application 5428892 — net $2,105.82 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Water rates	$239.82	Water rates
Repairs: to scratched doors	$258.00	Repairs: to scratched doors
Lawns	$230.00	Lawns
3 x Excesses for carpet damage	$1,650.00	3 x Excesses for carpet damage
1 x Excess for bench replacement	$550.00	1 x Excess for bench replacement
1 x Excess for window frame damage	$550.00	1 x Excess for window frame damage
1 x Excess for loss of rent	$550.00	1 x Excess for loss of rent
Filing fee reimbursement	$28.00	Filing fee reimbursement
Net award	$2,105.82
Total payable by Tenant to Landlord	$2,105.82

An application for suppression has been made in this case, and the Tribunal orders suppression of the landlords’ names and identifying details.

Hanna Laurie must pay the landlords $2,105.82 immediately, calculated as shown in table below. DescriptionLandlord Water rates$239.82 Repairs: to scratched doors$258.00 Lawns$230.00 3 x Excesses for carpet damage$1,650.00 1 x Excess for bench replacement$550.00 1 x Excess for window frame damage$550.00 1 x Excess for loss of rent$550.00 Filing fee reimbursement$28.00 Total award$4,055.82 Bond$1,950.00 Total payable by Tenant to Landlord$2,105.82

The Bond Centre is to pay the bond of $1,950.00 ([Bond number suppressed]) to the landlords immediately.

Reasons

Only the landlord attended the hearing. The tenant was phoned when she did not appear for the video conference. The call was not answered.

The landlords have applied for compensation, refund of the bond, and reimbursement of the filing fee following the end of the tenancy.

How much is owed for rent and water rates?

The tenancy was for a fixed term. The tenant abandoned the tenancy. The landlord’s insurance paid an amount to the landlord for loss of rent. The landlord paid the $550.00 excess for that claim.

The insurer deducted the amount of the bond from the amount paid to the landlord however the Tribunal has ordered the bond be applied to the landlords’ other losses.

The tenant did not pay $239.82 for water used during 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 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 mow the lawns at the end of the tenancy. The landlords also did work on the lawns but did not charge for their time.

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. The carpet was damaged in three areas requiring three insurance excesses. $1,650.00 is ordered to be paid by the tenant. b. The tenant removed the kitchen bench and used it as a work bench in the garage. The replacement cost the landlord one insurance excess. c. The tenant did not secure a window which then split the window frame. The frame had to be replaced. The landlord was charged one insurance excess. d. The tenant kept a dog locked in a room for three days while she was away. The dog scratched the woodwork. Repairs cost $258.00.

The damage listed above was more than fair wear and tear and the tenant has not disproved liability for the damage.

The amounts ordered are proved.

I have considered 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. The landlord has not been placed in a better position by this order. Filing fee

Because the landlord has been successful with the claim the filing fee of $28.00 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 and awards in Tenancy Tribunal application 5428892 — net $2,105.82 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Water rates	$239.82	Water rates
Repairs: to scratched doors	$258.00	Repairs: to scratched doors
Lawns	$230.00	Lawns
3 x Excesses for carpet damage	$1,650.00	3 x Excesses for carpet damage
1 x Excess for bench replacement	$550.00	1 x Excess for bench replacement
1 x Excess for window frame damage	$550.00	1 x Excess for window frame damage
1 x Excess for loss of rent	$550.00	1 x Excess for loss of rent
Filing fee reimbursement	$28.00	Filing fee reimbursement
Net award	$2,105.82
Total payable by Tenant to Landlord	$2,105.82

Order

An application for suppression has been made in this case, and the Tribunal orders suppression of the landlords’ names and identifying details.
Hanna Laurie must pay the landlords $2,105.82 immediately, calculated as shown in table below. DescriptionLandlord Water rates$239.82 Repairs: to scratched doors$258.00 Lawns$230.00 3 x Excesses for carpet damage$1,650.00 1 x Excess for bench replacement$550.00 1 x Excess for window frame damage$550.00 1 x Excess for loss of rent$550.00 Filing fee reimbursement$28.00 Total award$4,055.82 Bond$1,950.00 Total payable by Tenant to Landlord$2,105.82
The Bond Centre is to pay the bond of $1,950.00 ([Bond number suppressed]) to the landlords immediately.

Reasons

Only the landlord attended the hearing. The tenant was phoned when she did not appear for the video conference. The call was not answered.
The landlords have applied for compensation, refund of the bond, and reimbursement of the filing fee following the end of the tenancy.

How much is owed for rent and water rates?

The tenancy was for a fixed term. The tenant abandoned the tenancy. The landlord’s insurance paid an amount to the landlord for loss of rent. The landlord paid the $550.00 excess for that claim.
The insurer deducted the amount of the bond from the amount paid to the landlord however the Tribunal has ordered the bond be applied to the landlords’ other losses.
The tenant did not pay $239.82 for water used during 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 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 mow the lawns at the end of the tenancy. The landlords also did work on the lawns but did not charge for their time.
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. The carpet was damaged in three areas requiring three insurance excesses. $1,650.00 is ordered to be paid by the tenant. b. The tenant removed the kitchen bench and used it as a work bench in the garage. The replacement cost the landlord one insurance excess. c. The tenant did not secure a window which then split the window frame. The frame had to be replaced. The landlord was charged one insurance excess. d. The tenant kept a dog locked in a room for three days while she was away. The dog scratched the woodwork. Repairs cost $258.00.
The damage listed above was more than fair wear and tear and the tenant has not disproved liability for the damage.
The amounts ordered are proved.
I have considered 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. The landlord has not been placed in a better position by this order. Filing fee
Because the landlord has been successful with the claim the filing fee of $28.00 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 5428892 — Property damage

At a glance

Award balance

Tenancy Tribunal case 5428892 — Property damage

At a glance

Award balance

Claims & awards

Order

Reasons

How much is owed for rent and water rates?

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

How much is owed for rent and water rates?

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