How much money was awarded in case 4544011?

Filing Fee: $20.44 awarded to landlord; Property Damage: $1,620.00 awarded to landlord; Property Damage: $400.00 awarded to landlord; Rent Arrears: $5,743.86 awarded to landlord; Replace Broken Power Point And Secur…: $327.75 awarded to landlord; Rubbish Removal: $600.00 awarded to landlord

What type of tenancy dispute was case 4544011?

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

Where can I read the official tribunal order for case 4544011?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/9414516-Tenancy_Tribunal_Order.pdf.

How much money was awarded in case 4544011?

Filing Fee: $20.44 awarded to landlord; Property Damage: $1,620.00 awarded to landlord; Property Damage: $400.00 awarded to landlord; Rent Arrears: $5,743.86 awarded to landlord; Replace Broken Power Point And Secur…: $327.75 awarded to landlord; Rubbish Removal: $600.00 awarded to landlord

What type of tenancy dispute was case 4544011?

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

Where can I read the official tribunal order for case 4544011?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/9414516-Tenancy_Tribunal_Order.pdf.

18 Clarice Place, Takanini, Takanini 2112 Tenancy Tribunal Case 4544011 — Rent arrears

Q: What was the outcome of Tenancy Tribunal case 4544011?

The tribunal order states: No application for suppression has been made in this case and no suppression

Order

Claims and awards in Tenancy Tribunal application 4544011 — net $8,269.19 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears to 20/03/2023	$5,743.86	Rent arrears to 20/03/2023
Replace damaged heat pump (less depreciation	$1,620.00	Replace damaged heat pump (less depreciation
Repair holes in the walls	$400.00	Repair holes in the walls
Rubbish removal and cleaning	$600.00	Rubbish removal and cleaning
Replace broken power point and security light	$327.75	Replace broken power point and security light
Filing fee reimbursement	$20.44	Filing fee reimbursement
Net award	$8,269.19
Total payable by Tenant to Landlord	$8,269.19

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

Benjamin Bristow Morgan and Dorban Sandy Walters must pay Dragon 77 Limited $8,269.19 immediately, calculated as shown in table below.

The Bond Centre is to pay the bond of $442.86 (3278410-013) to Dragon 77 Limited immediately.

Reasons

The agent for the landlord attended the hearing. The other party did not attend.

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

How much is owed for rent?

The tenancy ended on 20 March 2023. The landlord provided rent records 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 proved on the evidence that the tenants did not leave the premises reasonably clean and tidy, and did not remove all rubbish. The landlord produced photographs and invoices in support of the claim.

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 was caused during the tenancy: there were holes in the walls, the panel on the heat pump was removed, the power point and security light were broken. The damage is more than fair wear and tear, and the tenants have not disproved liability for the damage.

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 landlord has wholly succeeded with the claim, I must order the other party to reimburse the filing fee.

Claims and awards in Tenancy Tribunal application 4544011 — net $8,269.19 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears to 20/03/2023	$5,743.86	Rent arrears to 20/03/2023
Replace damaged heat pump (less depreciation	$1,620.00	Replace damaged heat pump (less depreciation
Repair holes in the walls	$400.00	Repair holes in the walls
Rubbish removal and cleaning	$600.00	Rubbish removal and cleaning
Replace broken power point and security light	$327.75	Replace broken power point and security light
Filing fee reimbursement	$20.44	Filing fee reimbursement
Net award	$8,269.19
Total payable by Tenant to Landlord	$8,269.19

Order

No application for suppression has been made in this case and no suppression orders apply around publication of this decision.
Benjamin Bristow Morgan and Dorban Sandy Walters must pay Dragon 77 Limited $8,269.19 immediately, calculated as shown in table below.
The Bond Centre is to pay the bond of $442.86 (3278410-013) to Dragon 77 Limited immediately.

Reasons

The agent for the landlord attended the hearing. The other party did not attend.
The landlord has applied for rent arrears, compensation, refund of the bond, and reimbursement of the filing fee following the end of the tenancy.

How much is owed for rent?

The tenancy ended on 20 March 2023. The landlord provided rent records 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 proved on the evidence that the tenants did not leave the premises reasonably clean and tidy, and did not remove all rubbish. The landlord produced photographs and invoices in support of the claim.
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 was caused during the tenancy: there were holes in the walls, the panel on the heat pump was removed, the power point and security light were broken. The damage is more than fair wear and tear, and the tenants have not disproved liability for the damage.
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 landlord has wholly succeeded with the claim, I must order the other party to reimburse the filing fee.

Tenancy Tribunal case 4544011 — Rent arrears at 18 Clarice Place, Takanini, Takanini 2112

At a glance

Tenancy Tribunal case 4544011 — Rent arrears at 18 Clarice Place, Takanini, Takanini 2112

At a glance

Award balance

Claims & awards

Order

Reasons

How much is owed for rent?

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

Property management

Frequently asked questions

Award balance

Claims & awards

Order

Reasons

How much is owed for rent?

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

Property management

Frequently asked questions