8 Flockton Street, Mairehau, Christchurch 8013 Tenancy Tribunal Case 4606809 — Property damage

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8 Flockton Street, Mairehau, Christchurch 8013 Tenancy Tribunal Case 4606809 — Property damage | TenantCheck

Claims & awards

What this tenancy cost at tribunal — claim, category, amount, and party awarded, with reconciled net total.

Claims and awards for application 4606809 — net $21,544.62 NZD. Verify on MoJ.

Rent arrears 2.6.23 to 10.7.23

Amount: $3,342.85
Awarded to: Landlord
Reason: Rent arrears 2.6.23 to 10.7.23

Dump fees

Amount: $934.27
Awarded to: Landlord
Reason: Dump fees

Landlord labour for rubbish removal

Amount: $574.00
Awarded to: Landlord
Reason: Landlord labour for rubbish removal

Compensation for damage to carpet (depreciated

Amount: $1,660.00
Awarded to: Landlord
Reason: Compensation for damage to carpet (depreciated

Compensation for painting interior of premises (depreciated

Amount: $2,000.00
Awarded to: Landlord
Reason

Claim types — money lines allowed on this order

Compensation Filing Fee Property damage Rent arrears Rubbish Removal Water Rates

Order

No application for suppression has been made in this case and no suppression orders apply around publication of this decision.
Samantha Ayers and Joshua Brown must pay William Denis Hewat $21,544.62 immediately, calculated as shown in table below:
The landlord’s claims for the replacement cost of a mirror, unblocking a gully trap, cleaning, and repairs to the freezer and fridge are withdrawn

Reasons

The landlord attended the hearing. The tenants did not attend. Pre-hearing applications
At 9.16am (14 minutes before the hearing) Ms Ayers emailed the registrar and requested that Mr Brown be allowed to attend the hearing by teleconference. She provided his telephone number. She gave no reason why she could not attend.
The registrar phoned Mr Brown and at my direction advised him that a telephone attendance was declined due to the complexity of the application. The registrar advised him that the Tribunal was prepared to delay the start of the hearing so he could attend but he said he was not able to. He queried whether the hearing could be adjourned.
A telephone attendance is not suitable for complex applications. Here, the notices of hearing were dated 28 July 2023. The parties had plenty of time to advise the Tribunal if they were unable to attend the hearing or to request an adjournment.
The Tribunal had set aside the day for the hearing. An adjournment just minutes before the start of the hearing would only be granted in exceptional circumstances.
Neither tenant attended the first Tribunal hearing I held on 1 June 2023. That hearing proceeded as scheduled. The tenants were well aware of the hearing today and had sufficient time to make arrangements to attend.
The hearing proceeded as scheduled.
The landlord has applied for rent arrears, compensation, and reimbursement of the filing fee.

How much is owed for rent and water rates?

In my order dated 1 June 2023 I awarded rent arrears to that date, noting that the tenant remained liable for rent until a new tenancy started or until the end of the fixed term.
The landlord sold the property on 11 July 2023.
The tenants are liable for additional rent for the period 2 June to 10 July 2023.
The landlord provided rent records and water rates invoices which prove the amount of rent owing up to the date of the sale of the premises and the amount of water rates for which they are liable.

Did the tenants 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 (RTA). The tenant is required to replace worn out smoke alarm batteries during the tenancy. See section 40(1)(ca) RTA. The tenant must also replace standard light bulbs.
The tenant did not leave the premises reasonably clean and tidy and did not remove all rubbish. The amount of rubbish that had to be removed was considerable.
The tenant did not return all the keys.
The following chattels were missing at the end of the tenancy: a battery lawn mower; bed linen; and a panel heater.
The tenants did not change the gas connection into their names. They parked a caravan in a position where the gas supplier could not access the gas bottle. The landlord has been charged the cost of gas supply which the tenants were meant to change into their names.

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 tenants caused significant damage to the premises during the tenancy. The photos the landlord produced in evidence show premises that were in good condition at the start of the tenancy with the grounds well maintained. The photos taken at the end of the tenancy show the premises were left significantly damaged and dirty.
The landlord gave evidence that he had been a landlord for many years and the premises at the end of the tenancy were unlike any he had seen before. He was shocked at the state in which they were left. Having assessed the photographic evidence the Tribunal shares that observation.
Due to the state of the premises, and the amount of work required to remedy the tenants’ breaches, the landlord sold the property ‘as is where is’ and in doing so incurred a considerable loss. He accepted a price well below the probable market value had the premises not been left in such a state.
The Tribunal cannot award a ‘loss of opportunity’ cost as the landlord sought. And because much of the repair work was not completed before the premises were sold, the Tribunal can only assess compensation rather than reimburse the actual repair costs for work not done and time and labour not spent.
For the work that was completed though, the Tribunal can award the repair cost and reasonable costs for landlord labour.
Overall, the tenants’ actions have resulted in a loss to the landlord far greater than the Tribunal can remedy.
The landlord produced in evidence copies of other Tribunal orders made against the tenants for damage to premises in previous tenancies.
There was significant damage to walls, doors, a fence, the carpets, the kitchen bench top, bedroom furniture, outdoor furniture, and a microwave.
2 TVs provided at the premises were dumped outside with the rubbish.
The stone chip driveway was contaminated with glass, oil and grease and had to be removed and replaced.
The damage is well beyond than fair wear and tear, and the tenants have not disproved liability for the damage.
The amounts awarded for damage and repairs and for missing chattels are proved by invoices and quotations, photos, and by the evidence the landlord have at the hearing.
I have taken into account betterment and depreciation. Many of the landlord’s claims have been depreciated to account for the age and likely useful lifespan of the affected fixtures and chattels. 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.
I award the landlord the Tribunal filing fee.
The landlord did not seek a name suppression order.
The landlord has already enforced the Tribunal’s order dated 1 June 2023 ($1,477.58) so I cannot incorporate that order into this order. The enforcement of this order will be a separate process.

Frequently asked questions

Common questions about this Tenancy Tribunal case.

What was the outcome of Tenancy Tribunal case 4606809?

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

How much money was awarded in case 4606809?

Compensation: $2,000.00 awarded to landlord; Compensation: $930.17 awarded to landlord; Compensation: $599.00 awarded to landlord; Compensation: $865.00 awarded to landlord; Compensation: $600.00 awarded to landlord; Dump Fees: $934.27 awarded to landlord; Filing Fee: $20.44 awarded to landlord; Gas Bottle Hire Fee: $128.80 awarded to landlord; Landlord Labour To Replace Bedroom 2…: $150.00 awarded to landlord; Landlord Labour To Replace Doors And…: $300.00 awarded to landlord; Missing Door Stops (2) Entry Door An…: $42.06 awarded to landlord; Property Damage: $1,660.00 awarded to landlord; Property Damage: $72.96 awarded to landlord; Property Damage: $90.00 awarded to landlord; Property Damage: $313.88 awarded to landlord; Property Damage: $890.00 awarded to landlord; Property Damage: $600.00 awarded to landlord; Property Damage: $1,600.00 awarded to landlord; Property Damage: $2,000.00 awarded to landlord; Property Damage: $20.38 awarded to landlord; Property Damage: $200.00 awarded to landlord; Property Damage: $355.00 awarded to landlord; Property Damage: $250.00 awarded to landlord; Property Damage: $90.00 awarded to landlord; Property Damage: $550.00 awarded to landlord; Rent Arrears: $3,342.85 awarded to landlord; Replace 2 TVs (Depreciated: $1,500.00 awarded to landlord; Replace 4 Grisilinia Plants Ripped O…: $86.88 awarded to landlord; Replace Bedroom 2 External Door: $185.00 awarded to landlord; Replace Driveway Chip Contaminated W…: $483.75 awarded to landlord; Rubbish Removal: $574.00 awarded to landlord; Water Rates: $110.18 awarded to landlord

What type of tenancy dispute was case 4606809?

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

Where can I read the official tribunal order for case 4606809?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/9332767-Tenancy_Tribunal_Order.pdf.

Claims & awards

What this tenancy cost at tribunal — claim, category, amount, and party awarded, with reconciled net total.

Claims and awards for application 4606809 — net $21,544.62 NZD. Verify on MoJ.

Rent arrears 2.6.23 to 10.7.23

Amount: $3,342.85
Awarded to: Landlord
Reason: Rent arrears 2.6.23 to 10.7.23

Dump fees

Amount: $934.27
Awarded to: Landlord
Reason: Dump fees

Landlord labour for rubbish removal

Amount: $574.00
Awarded to: Landlord
Reason: Landlord labour for rubbish removal

Compensation for damage to carpet (depreciated

Amount: $1,660.00
Awarded to: Landlord
Reason: Compensation for damage to carpet (depreciated

Compensation for painting interior of premises (depreciated

Amount: $2,000.00
Awarded to: Landlord
Reason

Claim types — money lines allowed on this order

Compensation Filing Fee Property damage Rent arrears Rubbish Removal Water Rates

Order

No application for suppression has been made in this case and no suppression orders apply around publication of this decision.
Samantha Ayers and Joshua Brown must pay William Denis Hewat $21,544.62 immediately, calculated as shown in table below:
The landlord’s claims for the replacement cost of a mirror, unblocking a gully trap, cleaning, and repairs to the freezer and fridge are withdrawn

Reasons

The landlord attended the hearing. The tenants did not attend. Pre-hearing applications
At 9.16am (14 minutes before the hearing) Ms Ayers emailed the registrar and requested that Mr Brown be allowed to attend the hearing by teleconference. She provided his telephone number. She gave no reason why she could not attend.
The registrar phoned Mr Brown and at my direction advised him that a telephone attendance was declined due to the complexity of the application. The registrar advised him that the Tribunal was prepared to delay the start of the hearing so he could attend but he said he was not able to. He queried whether the hearing could be adjourned.
A telephone attendance is not suitable for complex applications. Here, the notices of hearing were dated 28 July 2023. The parties had plenty of time to advise the Tribunal if they were unable to attend the hearing or to request an adjournment.
The Tribunal had set aside the day for the hearing. An adjournment just minutes before the start of the hearing would only be granted in exceptional circumstances.
Neither tenant attended the first Tribunal hearing I held on 1 June 2023. That hearing proceeded as scheduled. The tenants were well aware of the hearing today and had sufficient time to make arrangements to attend.
The hearing proceeded as scheduled.
The landlord has applied for rent arrears, compensation, and reimbursement of the filing fee.

How much is owed for rent and water rates?

In my order dated 1 June 2023 I awarded rent arrears to that date, noting that the tenant remained liable for rent until a new tenancy started or until the end of the fixed term.
The landlord sold the property on 11 July 2023.
The tenants are liable for additional rent for the period 2 June to 10 July 2023.
The landlord provided rent records and water rates invoices which prove the amount of rent owing up to the date of the sale of the premises and the amount of water rates for which they are liable.

Did the tenants 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 (RTA). The tenant is required to replace worn out smoke alarm batteries during the tenancy. See section 40(1)(ca) RTA. The tenant must also replace standard light bulbs.
The tenant did not leave the premises reasonably clean and tidy and did not remove all rubbish. The amount of rubbish that had to be removed was considerable.
The tenant did not return all the keys.
The following chattels were missing at the end of the tenancy: a battery lawn mower; bed linen; and a panel heater.
The tenants did not change the gas connection into their names. They parked a caravan in a position where the gas supplier could not access the gas bottle. The landlord has been charged the cost of gas supply which the tenants were meant to change into their names.

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 tenants caused significant damage to the premises during the tenancy. The photos the landlord produced in evidence show premises that were in good condition at the start of the tenancy with the grounds well maintained. The photos taken at the end of the tenancy show the premises were left significantly damaged and dirty.
The landlord gave evidence that he had been a landlord for many years and the premises at the end of the tenancy were unlike any he had seen before. He was shocked at the state in which they were left. Having assessed the photographic evidence the Tribunal shares that observation.
Due to the state of the premises, and the amount of work required to remedy the tenants’ breaches, the landlord sold the property ‘as is where is’ and in doing so incurred a considerable loss. He accepted a price well below the probable market value had the premises not been left in such a state.
The Tribunal cannot award a ‘loss of opportunity’ cost as the landlord sought. And because much of the repair work was not completed before the premises were sold, the Tribunal can only assess compensation rather than reimburse the actual repair costs for work not done and time and labour not spent.
For the work that was completed though, the Tribunal can award the repair cost and reasonable costs for landlord labour.
Overall, the tenants’ actions have resulted in a loss to the landlord far greater than the Tribunal can remedy.
The landlord produced in evidence copies of other Tribunal orders made against the tenants for damage to premises in previous tenancies.
There was significant damage to walls, doors, a fence, the carpets, the kitchen bench top, bedroom furniture, outdoor furniture, and a microwave.
2 TVs provided at the premises were dumped outside with the rubbish.
The stone chip driveway was contaminated with glass, oil and grease and had to be removed and replaced.
The damage is well beyond than fair wear and tear, and the tenants have not disproved liability for the damage.
The amounts awarded for damage and repairs and for missing chattels are proved by invoices and quotations, photos, and by the evidence the landlord have at the hearing.
I have taken into account betterment and depreciation. Many of the landlord’s claims have been depreciated to account for the age and likely useful lifespan of the affected fixtures and chattels. 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.
I award the landlord the Tribunal filing fee.
The landlord did not seek a name suppression order.
The landlord has already enforced the Tribunal’s order dated 1 June 2023 ($1,477.58) so I cannot incorporate that order into this order. The enforcement of this order will be a separate process.

Frequently asked questions

Common questions about this Tenancy Tribunal case.

What was the outcome of Tenancy Tribunal case 4606809?

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

How much money was awarded in case 4606809?

What type of tenancy dispute was case 4606809?

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

Where can I read the official tribunal order for case 4606809?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/9332767-Tenancy_Tribunal_Order.pdf.

Tenancy Tribunal case 4606809 — Property damage at 8 Flockton Street, Mairehau, Christchurch 8013

At a glance

Tenancy Tribunal case 4606809 — Property damage at 8 Flockton Street, Mairehau, Christchurch 8013

At a glance

Award balance

Claims & awards

Order

Reasons

How much is owed for rent and water rates?

Did the tenants 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 tenants 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

Claim	Landlord	Reason
Rent arrears 2.6.23 to 10.7.23	$3,342.85	Rent arrears 2.6.23 to 10.7.23
Dump fees	$934.27	Dump fees
Landlord labour for rubbish removal	$574.00	Landlord labour for rubbish removal
Compensation for damage to carpet (depreciated	$1,660.00	Compensation for damage to carpet (depreciated
Compensation for painting interior of premises (depreciated	$2,000.00	Compensation for painting interior of premises (depreciated
Replace damaged corrugated iron fencing (2 sheets	$72.96	Replace damaged corrugated iron fencing (2 sheets
Landlord labour to repair fence	$90.00	Landlord labour to repair fence
Replace 2 damaged internal doors and hinges	$313.88	Replace 2 damaged internal doors and hinges
Landlord labour to replace doors and paint	$300.00	Landlord labour to replace doors and paint
Replace bedroom 2 external door	$185.00	Replace bedroom 2 external door
Landlord labour to replace bedroom 2 door	$150.00	Landlord labour to replace bedroom 2 door
Replace 2 TVs (depreciated	$1,500.00	Replace 2 TVs (depreciated
Compensation for 4 panel heaters removed by tenant	$930.17	Compensation for 4 panel heaters removed by tenant
Compensation for 2 damaged coffee tables (depreciated	$890.00	Compensation for 2 damaged coffee tables (depreciated
Replace 4 grisilinia plants ripped out	$86.88	Replace 4 grisilinia plants ripped out
Compensation for missing battery lawn mower	$599.00	Compensation for missing battery lawn mower
Compensation for damaged double bed and mattress	$600.00	Compensation for damaged double bed and mattress
Compensation for missing bed linen	$865.00	Compensation for missing bed linen
______________________________________________________________________________ 46068092 Compensation for damaged L-shape	$1,600.00	______________________________________________________________________________ 46068092 Compensation for damaged L-shape
Compensation for damage to kitchen bench top (depreciated	$2,000.00	Compensation for damage to kitchen bench top (depreciated
Gas bottle hire fee	$128.80	Gas bottle hire fee
Water rates	$110.18	Water rates
Missing door stops (2) entry door and external door to bedroom 2	$42.06	Missing door stops (2) entry door and external door to bedroom 2
Damaged toilet roll holder	$20.38	Damaged toilet roll holder
Compensation for outdoor wicker furniture (depreciated	$600.00	Compensation for outdoor wicker furniture (depreciated
Compensation for damaged tall boy in bedroom 1 (depreciated	$200.00	Compensation for damaged tall boy in bedroom 1 (depreciated
Lock/key replacement	$355.00	Lock/key replacement
Compensation for damage to microwave (beyond repair	$250.00	Compensation for damage to microwave (beyond repair
Replace driveway chip contaminated with glass, oil, grease	$483.75	Replace driveway chip contaminated with glass, oil, grease
Landlord labour for driveway repairs (3 hours	$90.00	Landlord labour for driveway repairs (3 hours
Compensation for damage to front deck (depreciated	$550.00	Compensation for damage to front deck (depreciated
Filing fee reimbursement	$20.44	Filing fee reimbursement
Net award	$21,544.62
Total payable by Tenant to Landlord	$21,544.62