What was the outcome of Tenancy Tribunal case 4557750?

The tribunal order states: Donelle Thompson must pay Jdl Premier Asset Management Limited

How much money was awarded in case 4557750?

Previous Order Application 4557750 D…: $5,358.39 awarded to landlord; Property Damage: $9,750.00 awarded to landlord

What type of tenancy dispute was case 4557750?

The primary dispute was Property damage.

Where can I read the official tribunal order for case 4557750?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/9754214-Tribunal_Order.pdf.

What was the outcome of Tenancy Tribunal case 4557750?

The tribunal order states: Donelle Thompson must pay Jdl Premier Asset Management Limited

How much money was awarded in case 4557750?

Previous Order Application 4557750 D…: $5,358.39 awarded to landlord; Property Damage: $9,750.00 awarded to landlord

What type of tenancy dispute was case 4557750?

The primary dispute was Property damage.

Where can I read the official tribunal order for case 4557750?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/9754214-Tribunal_Order.pdf.

461 Weymouth Road, Weymouth, Auckland 2103 Tenancy Tribunal Case 4557750 — Property damage

Reasons

Claims and awards in Tenancy Tribunal application 4557750 — net $15,108.39 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Previous order application 4557750 dated 04/09/2023	$5,358.39	Previous order application 4557750 dated 04/09/2023
Compensation for damage (13 insurance excesses	$9,750.00	Compensation for damage (13 insurance excesses
Net award	$15,108.39
Total payable by Tenant to Landlord	$15,108.39

The hearing was conducted by phone. Only the landlord attended the hearing, represented by Ms Schoeman. The call placed to the tenant went to voicemail. I am satisfied that the tenant had notice of the hearing and so the hearing proceeded in the tenant’s absence.

There have been two previous orders made in respect of the tenancy.

The first order was made on 16 March 2023. The Tribunal terminated the tenancy on the basis that the tenancy had been abandoned and made an order for payment of rent arrears. I understand that enforcement steps have now been taken in respect of this order.

The second order was made on 4 September 2023. The Tribunal made orders for payment of further rent arrears, water rates, cleaning, rubbish removal and lock/key replacement.

At the second hearing the landlord also sought compensation for extensive damage to the property, but as the landlord was waiting for their insurer to process their claim, the claim for damage was adjourned for a further hearing before me today.

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.

There was extensive damage caused during the tenancy as proved by photos provided by the landlord. There were numerous holes in the walls, missing doors, broken door handles and doors, broken light fittings, stained carpet, damaged items in the bathroom (toilet seat, toilet roll holder, shower rail) damaged guttering and section of downpipe, damaged weatherboards, damaged clothesline, damaged oven. An extensive amount of repairs were required including jibstopping and painting.

The landlord produced documents showing that the total amount to repair the damage is $25,369.97.

It is not necessary for me to decide whether the damage was careless or intentional as the landlord has successfully claimed insurance for the damage as described in more detail below.

Ms Schoeman explained that normally the insurer will treat each and every instance of damage (for example each hole in the wall) as one ‘event’ and will apply and excess to that event. The insurer in this case assessed the damage at just over 30 events. However the landlord has negotiated with the insurer to treat each type of damage in an area as one event, and so the insurer has agreed to apply only 13 excesses, at $750.00 each, a total of $9,750. She produced email correspondence and an excel spreadsheet showing the relevant amounts and the excess amounts applied.

I therefore make an order for the tenant to compensate the landlord for the insurance excesses, a total amount of $9,750.

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 my view it is not necessary to deduct any amount for betterment or depreciation as the tenant is only compensating the landlord for the insurance excesses.

On 4 September 2023 the Tribunal made an order relating to this tenancy, for rent arrears, water rates, cleaning, rubbish removal and replacement lock/keys The previous order is incorporated into this order for enforcement purposes.

Claims and awards in Tenancy Tribunal application 4557750 — net $15,108.39 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Previous order application 4557750 dated 04/09/2023	$5,358.39	Previous order application 4557750 dated 04/09/2023
Compensation for damage (13 insurance excesses	$9,750.00	Compensation for damage (13 insurance excesses
Net award	$15,108.39
Total payable by Tenant to Landlord	$15,108.39

Order

Donelle Thompson must pay Jdl Premier Asset Management Limited $15,108.39 immediately, calculated as shown in table below.
This order incorporates the Tribunal order made on 4 September 2023 in the first hearing of this application.

Reasons

The hearing was conducted by phone. Only the landlord attended the hearing, represented by Ms Schoeman. The call placed to the tenant went to voicemail. I am satisfied that the tenant had notice of the hearing and so the hearing proceeded in the tenant’s absence.
There have been two previous orders made in respect of the tenancy.
The first order was made on 16 March 2023. The Tribunal terminated the tenancy on the basis that the tenancy had been abandoned and made an order for payment of rent arrears. I understand that enforcement steps have now been taken in respect of this order.
The second order was made on 4 September 2023. The Tribunal made orders for payment of further rent arrears, water rates, cleaning, rubbish removal and lock/key replacement.
At the second hearing the landlord also sought compensation for extensive damage to the property, but as the landlord was waiting for their insurer to process their claim, the claim for damage was adjourned for a further hearing before me today.

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.
There was extensive damage caused during the tenancy as proved by photos provided by the landlord. There were numerous holes in the walls, missing doors, broken door handles and doors, broken light fittings, stained carpet, damaged items in the bathroom (toilet seat, toilet roll holder, shower rail) damaged guttering and section of downpipe, damaged weatherboards, damaged clothesline, damaged oven. An extensive amount of repairs were required including jibstopping and painting.
The landlord produced documents showing that the total amount to repair the damage is $25,369.97.
It is not necessary for me to decide whether the damage was careless or intentional as the landlord has successfully claimed insurance for the damage as described in more detail below.
Ms Schoeman explained that normally the insurer will treat each and every instance of damage (for example each hole in the wall) as one ‘event’ and will apply and excess to that event. The insurer in this case assessed the damage at just over 30 events. However the landlord has negotiated with the insurer to treat each type of damage in an area as one event, and so the insurer has agreed to apply only 13 excesses, at $750.00 each, a total of $9,750. She produced email correspondence and an excel spreadsheet showing the relevant amounts and the excess amounts applied.
I therefore make an order for the tenant to compensate the landlord for the insurance excesses, a total amount of $9,750.
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 my view it is not necessary to deduct any amount for betterment or depreciation as the tenant is only compensating the landlord for the insurance excesses.
On 4 September 2023 the Tribunal made an order relating to this tenancy, for rent arrears, water rates, cleaning, rubbish removal and replacement lock/keys The previous order is incorporated into this order for enforcement purposes.

Tenancy Tribunal case 4557750 — Property damage at 461 Weymouth Road, Weymouth, Auckland 2103

At a glance

Tenancy Tribunal case 4557750 — Property damage at 461 Weymouth Road, Weymouth, Auckland 2103

At a glance

Award balance

Claims & awards

Order

Reasons

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

Is the tenant responsible for the damage to the premises?

Topics & place

Residential Tenancies Act sections

Key findings

Property management

Frequently asked questions