What was the outcome of Tenancy Tribunal case 4485501?

The tribunal order states: DescriptionLandlord

How much money was awarded in case 4485501?

Filing Fee: $20.44 awarded to landlord; Property Damage: $675.00 awarded to landlord; Rent Arrears: $9,350.00 awarded to landlord; Carpet: $500.00 awarded to landlord; Property Damage: $787.75 awarded to landlord; Gate: $1,065.66 awarded to landlord; Painting: $3,450.00 awarded to landlord; Reglaze Two Broken Windows: $700.00 awarded to landlord; Remove Exterior Tagging: $172.50 awarded to landlord; Replace Removed Mirror: $103.50 awarded to landlord; Replace Two Doors: $747.50 awarded to landlord; Rubbish Removal: $390.00 awarded to landlord; Water Rates: $953.87 awarded to landlord

What type of tenancy dispute was case 4485501?

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

Where can I read the official tribunal order for case 4485501?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/9409037-Tenancy_Tribunal_Order.pdf.

What was the outcome of Tenancy Tribunal case 4485501?

The tribunal order states: DescriptionLandlord

How much money was awarded in case 4485501?

Filing Fee: $20.44 awarded to landlord; Property Damage: $675.00 awarded to landlord; Rent Arrears: $9,350.00 awarded to landlord; Carpet: $500.00 awarded to landlord; Property Damage: $787.75 awarded to landlord; Gate: $1,065.66 awarded to landlord; Painting: $3,450.00 awarded to landlord; Reglaze Two Broken Windows: $700.00 awarded to landlord; Remove Exterior Tagging: $172.50 awarded to landlord; Replace Removed Mirror: $103.50 awarded to landlord; Replace Two Doors: $747.50 awarded to landlord; Rubbish Removal: $390.00 awarded to landlord; Water Rates: $953.87 awarded to landlord

What type of tenancy dispute was case 4485501?

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

Where can I read the official tribunal order for case 4485501?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/9409037-Tenancy_Tribunal_Order.pdf.

2A Red Hill Road, Red Hill, Papakura 2110 Tenancy Tribunal Case 4485501 — Rent arrears

Order

Claims and awards in Tenancy Tribunal application 4485501 — net $15,916.22 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears and rent in lieu of notice	$9,350.00	Rent arrears and rent in lieu of notice
Water rates to end of tenancy	$953.87	Water rates to end of tenancy
Repairs: Gate	$1,065.66	Repairs: Gate
Repairs: Replace removed mirror	$103.50	Repairs: Replace removed mirror
Repairs: Carpet	$500.00	Repairs: Carpet
Repairs: Remove exterior tagging	$172.50	Repairs: Remove exterior tagging
Repairs: Damaged bedroom floor	$787.75	Repairs: Damaged bedroom floor
Repairs: Replace two doors	$747.50	Repairs: Replace two doors
Repairs: Painting	$3,450.00	Repairs: Painting
Repairs: Reglaze two broken windows	$700.00	Repairs: Reglaze two broken windows
Lock/key replacement: Front door and garage locks	$675.00	Lock/key replacement: Front door and garage locks
Rubbish removal	$390.00	Rubbish removal
Filing fee reimbursement	$20.44	Filing fee reimbursement
Net award	$15,916.22
Total payable by Tenant to Landlord	$15,916.22

DescriptionLandlord Rent arrears and rent in lieu of notice $9,350.00 Water rates to end of tenancy$953.87 Repairs: Gate$1,065.66 Repairs: Replace removed mirror$103.50 Repairs: Carpet$500.00 Repairs: Remove exterior tagging$172.50 Repairs: Damaged bedroom floor$787.75 Repairs: Replace two doors$747.50 Repairs: Painting$3,450.00 Repairs: Reglaze two broken windows$700.00 Lock/key replacement: Front door and garage locks$675.00 Rubbish removal$390.00 Filing fee reimbursement$20.44 Total award$18,916.22 Minus Bond already refunded to landlord $3,000.00 Total payable by Tenant to Landlord$15,916.22

Reasons

The applicant landlord attended the hearing. There was no appearance for the tenant.

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

The tenant rented a 3 bedroom house from the landlord from June 2020 until January 2023.

The landlord advised that the bond centre have already refunded the bond to the landlord, and this has been applied in order 1 to reduce to reduce the balance owed by the tenant.

How much is owed for rent and water rates?

The tenancy ended on 29 January 2023. The landlord advised that he went to the premises on that day and discovered that the tenant had left the premises without notice. He seeks rent arrears of $5950.00 for rent owed to 29 January and provided rent records in support of this claim. The landlord seeks a further $3400.00 in lieu of the 28-day termination notice period required by section 51(2B) of the Residential Tenancies Act 1986. The total rent outstanding is $9350.00, and the Tribunal finds that this amount is proved on the balance of probabilities.

The landlord provided water rates invoices which prove the amount owing at 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 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 leave the premises reasonably clean and tidy and did not remove all rubbish. Photographs were provided.

The tenant did not return the keys.

The landlord has not provided an invoice for the cleaning so sought to withdraw this claim. The landlord has provided an invoice for the bin for rubbish removal and for the lock changes. The amounts for rubbish removal and lock replacement are proved and ordered accordingly.

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: The gate was broken and twisted, a full length mirror was removed, the carpet in one room had been cut out and removed, the floor where the carpet had been removed was damaged requiring repair, there was interior and exterior tagging and extensive damage to paintwork throughout the premises, two doors were broken and removed, two windows were broken. The damage is more than fair wear and tear, and the tenant has not disproved liability for the damage. The Tribunal finds that the damage was intentionally caused. Entry and exit photographs have been provided in support of the claim. Invoices have been provided to prove the amounts sought to remedy the damage.

In addition to the claims in paragraph 15 the landlord also sought the cost of full carpet replacement in the sum of $3700 plus GST. Due to the age of the carpet (over 15 years old) the Tribunal is not satisfied the tenant is liable for full replacement but orders the amount of $500.00 in compensation for the intentional act of removing carpet in one room.

The landlord claimed there was damage to the polycarb roofing on the patio but there was insufficient evidence to prove on the balance of probabilities that this was beyond fair wear and tear.

The landlord withdrew the claim in respect of damage to the blinds due to having insufficient evidence available.

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.

Because has substantially succeeded with the claim I have reimbursed the filing fee.

No application for suppression has been made in this case and no suppression orders apply around publication of this decision.

Claims and awards in Tenancy Tribunal application 4485501 — net $15,916.22 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears and rent in lieu of notice	$9,350.00	Rent arrears and rent in lieu of notice
Water rates to end of tenancy	$953.87	Water rates to end of tenancy
Repairs: Gate	$1,065.66	Repairs: Gate
Repairs: Replace removed mirror	$103.50	Repairs: Replace removed mirror
Repairs: Carpet	$500.00	Repairs: Carpet
Repairs: Remove exterior tagging	$172.50	Repairs: Remove exterior tagging
Repairs: Damaged bedroom floor	$787.75	Repairs: Damaged bedroom floor
Repairs: Replace two doors	$747.50	Repairs: Replace two doors
Repairs: Painting	$3,450.00	Repairs: Painting
Repairs: Reglaze two broken windows	$700.00	Repairs: Reglaze two broken windows
Lock/key replacement: Front door and garage locks	$675.00	Lock/key replacement: Front door and garage locks
Rubbish removal	$390.00	Rubbish removal
Filing fee reimbursement	$20.44	Filing fee reimbursement
Net award	$15,916.22
Total payable by Tenant to Landlord	$15,916.22

Order

DescriptionLandlord Rent arrears and rent in lieu of notice $9,350.00 Water rates to end of tenancy$953.87 Repairs: Gate$1,065.66 Repairs: Replace removed mirror$103.50 Repairs: Carpet$500.00 Repairs: Remove exterior tagging$172.50 Repairs: Damaged bedroom floor$787.75 Repairs: Replace two doors$747.50 Repairs: Painting$3,450.00 Repairs: Reglaze two broken windows$700.00 Lock/key replacement: Front door and garage locks$675.00 Rubbish removal$390.00 Filing fee reimbursement$20.44 Total award$18,916.22 Minus Bond already refunded to landlord $3,000.00 Total payable by Tenant to Landlord$15,916.22

Reasons

The applicant landlord attended the hearing. There was no appearance for the tenant.
The landlord has applied for rent and water arrears, compensation and reimbursement of the filing fee following the end of the tenancy.
The tenant rented a 3 bedroom house from the landlord from June 2020 until January 2023.
The landlord advised that the bond centre have already refunded the bond to the landlord, and this has been applied in order 1 to reduce to reduce the balance owed by the tenant.

How much is owed for rent and water rates?

The tenancy ended on 29 January 2023. The landlord advised that he went to the premises on that day and discovered that the tenant had left the premises without notice. He seeks rent arrears of $5950.00 for rent owed to 29 January and provided rent records in support of this claim. The landlord seeks a further $3400.00 in lieu of the 28-day termination notice period required by section 51(2B) of the Residential Tenancies Act 1986. The total rent outstanding is $9350.00, and the Tribunal finds that this amount is proved on the balance of probabilities.
The landlord provided water rates invoices which prove the amount owing at 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 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 leave the premises reasonably clean and tidy and did not remove all rubbish. Photographs were provided.
The tenant did not return the keys.
The landlord has not provided an invoice for the cleaning so sought to withdraw this claim. The landlord has provided an invoice for the bin for rubbish removal and for the lock changes. The amounts for rubbish removal and lock replacement are proved and ordered accordingly.

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: The gate was broken and twisted, a full length mirror was removed, the carpet in one room had been cut out and removed, the floor where the carpet had been removed was damaged requiring repair, there was interior and exterior tagging and extensive damage to paintwork throughout the premises, two doors were broken and removed, two windows were broken. The damage is more than fair wear and tear, and the tenant has not disproved liability for the damage. The Tribunal finds that the damage was intentionally caused. Entry and exit photographs have been provided in support of the claim. Invoices have been provided to prove the amounts sought to remedy the damage.
In addition to the claims in paragraph 15 the landlord also sought the cost of full carpet replacement in the sum of $3700 plus GST. Due to the age of the carpet (over 15 years old) the Tribunal is not satisfied the tenant is liable for full replacement but orders the amount of $500.00 in compensation for the intentional act of removing carpet in one room.
The landlord claimed there was damage to the polycarb roofing on the patio but there was insufficient evidence to prove on the balance of probabilities that this was beyond fair wear and tear.
The landlord withdrew the claim in respect of damage to the blinds due to having insufficient evidence available.
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.
Because has substantially succeeded with the claim I have reimbursed the filing fee.
No application for suppression has been made in this case and no suppression orders apply around publication of this decision.

Tenancy Tribunal case 4485501 — Rent arrears at 2A Red Hill Road, Red Hill, Papakura 2110

At a glance

Tenancy Tribunal case 4485501 — Rent arrears at 2A Red Hill Road, Red Hill, Papakura 2110

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

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