What was the outcome of Tenancy Tribunal case 4629165?

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

How much money was awarded in case 4629165?

Filing Fee: $20.44 awarded to tenant; Property Damage: $14,150.00 awarded to tenant; Rent Arrears: $2,514.29 awarded to tenant; Rubbish Removal: $500.00 awarded to tenant

What type of tenancy dispute was case 4629165?

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

Where can I read the official tribunal order for case 4629165?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/9418277-Tenancy_Tribunal_Order.pdf.

What was the outcome of Tenancy Tribunal case 4629165?

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

How much money was awarded in case 4629165?

Filing Fee: $20.44 awarded to tenant; Property Damage: $14,150.00 awarded to tenant; Rent Arrears: $2,514.29 awarded to tenant; Rubbish Removal: $500.00 awarded to tenant

What type of tenancy dispute was case 4629165?

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

Where can I read the official tribunal order for case 4629165?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/9418277-Tenancy_Tribunal_Order.pdf.

37 Miro Drive, Murupara, Murupara 3025 Tenancy Tribunal Case 4629165 — Property damage

Claims and awards in Tenancy Tribunal application 4629165. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Tenant	Reason
Rent arrears to 31 May 2023	$2,514.29	Rent arrears to 31 May 2023
Cleaning (Interior) and Rubbish Removal	$500.00	Cleaning (Interior) and Rubbish Removal
Interior Damage (See. Paragraph 13	$14,150.00	Interior Damage (See. Paragraph 13
Filing fee	$20.44	Filing fee

Order

No application for suppression has been made in this case and no suppression orders apply around publication of this decision.
Chloe Mihimoana is to pay Inspire Real Estate $15,904.73 calculated as follows: DescriptionTenant Rent arrears to 31 May 2023$2,514.29 Cleaning (Interior) and Rubbish Removal$500.00 Interior Damage (See. Paragraph 13)$14,150.00 Filing fee $20.44 Total award $17,184.73 Minus bond (already uplifted)$1,280.00 Tenant to pay$15,904.73
Bond Services is to pay the Bond to Inspire Real Estate.

Reasons

The Landlord attended the hearing.
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 31 May 2023. The Landlord provided rent records and water rates invoices which prove the amount owing at the end of the tenancy: $2,514.29

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. The cost of cleaning and removing rubbish, as evidenced by the Landlord’s photographs and invoices, came to $500.00. I approve this amount.

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.
At the start of the tenancy the premises had only just been renovated. The home was in very good condition. By the end of the tenancy, the premises were badly damaged throughout. Windows were smashed, there was damage to walls and doors requiring repairs and replacement. All holes had to be filled or patched including the ones the tenant had attempted repairs on. Damage was poorly repaired. All filled holes needed to be sanded, sealed and painted, two coats each. All replacement doors had to have new doorknobs, hinges and needed to be painted. There were 13 damaged doors and some areas where GIB board needed to be disposed of at the dump.
I asked the Landlord to provide a breakdown of the composite invoice it had provided, which it has done. I note the following damage events: a. Laundry door – large hole – hole, attempted patch job. b. Bedroom 1 door – destroyed. c. Bedroom 2 door – destroyed. d. Bedroom 3 door – hole, attempted patch job. e. Replace pantry 2 door – hole, damaged beyond repair. f. Hallway door – damaged beyond repair. g. Bedroom 1 robe door – damaged beyond repair h. Bedroom 2 robe door – damaged beyond repair i. Bedroom 3 robe door – damaged beyond repair j. Bedroom 1 robe door 2 – damaged beyond repair k. Holes in walls: laundry, hall cupboard, dining, lounge (2x), bedroom 2, bedroom 3, toilet.
The damage exceeds the fair wear and tear margin, and the tenant has not disproved liability for damage. The cost of repair is extensive: $14,150.00.
I would usually provide a 5% reduction to account for the lack of a detailed breakdown of repair for individual damage events. In this case, the Landlord has supplied a detailed overview of the work done following the hearing, which I am satisfied with. Consequently, I award the full claim. Replace Laundry door Replace Bedroom 1 Door Before After Before After Replace Bedroom 2 Door Replace Bedroom 3 Door Before After Before After Replace Pantry 2 Door Replace Hallway door Before After Before After Replace Bed 1 Robe door Replace bed 2 robe door Before After Before After Replace Bed 3 Robe door Before After Bed 2 robe door in bed 1 Holes in walls Laundry Hall cupboard Dining Lounge Lounge (x2) Bed 1 Bed 2 Bed 3 Toilet

Claims and awards in Tenancy Tribunal application 4629165. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Tenant	Reason
Rent arrears to 31 May 2023	$2,514.29	Rent arrears to 31 May 2023
Cleaning (Interior) and Rubbish Removal	$500.00	Cleaning (Interior) and Rubbish Removal
Interior Damage (See. Paragraph 13	$14,150.00	Interior Damage (See. Paragraph 13
Filing fee	$20.44	Filing fee

Order

No application for suppression has been made in this case and no suppression orders apply around publication of this decision.
Chloe Mihimoana is to pay Inspire Real Estate $15,904.73 calculated as follows: DescriptionTenant Rent arrears to 31 May 2023$2,514.29 Cleaning (Interior) and Rubbish Removal$500.00 Interior Damage (See. Paragraph 13)$14,150.00 Filing fee $20.44 Total award $17,184.73 Minus bond (already uplifted)$1,280.00 Tenant to pay$15,904.73
Bond Services is to pay the Bond to Inspire Real Estate.

Reasons

The Landlord attended the hearing.
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 31 May 2023. The Landlord provided rent records and water rates invoices which prove the amount owing at the end of the tenancy: $2,514.29

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. The cost of cleaning and removing rubbish, as evidenced by the Landlord’s photographs and invoices, came to $500.00. I approve this amount.

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.
At the start of the tenancy the premises had only just been renovated. The home was in very good condition. By the end of the tenancy, the premises were badly damaged throughout. Windows were smashed, there was damage to walls and doors requiring repairs and replacement. All holes had to be filled or patched including the ones the tenant had attempted repairs on. Damage was poorly repaired. All filled holes needed to be sanded, sealed and painted, two coats each. All replacement doors had to have new doorknobs, hinges and needed to be painted. There were 13 damaged doors and some areas where GIB board needed to be disposed of at the dump.
I asked the Landlord to provide a breakdown of the composite invoice it had provided, which it has done. I note the following damage events: a. Laundry door – large hole – hole, attempted patch job. b. Bedroom 1 door – destroyed. c. Bedroom 2 door – destroyed. d. Bedroom 3 door – hole, attempted patch job. e. Replace pantry 2 door – hole, damaged beyond repair. f. Hallway door – damaged beyond repair. g. Bedroom 1 robe door – damaged beyond repair h. Bedroom 2 robe door – damaged beyond repair i. Bedroom 3 robe door – damaged beyond repair j. Bedroom 1 robe door 2 – damaged beyond repair k. Holes in walls: laundry, hall cupboard, dining, lounge (2x), bedroom 2, bedroom 3, toilet.
The damage exceeds the fair wear and tear margin, and the tenant has not disproved liability for damage. The cost of repair is extensive: $14,150.00.
I would usually provide a 5% reduction to account for the lack of a detailed breakdown of repair for individual damage events. In this case, the Landlord has supplied a detailed overview of the work done following the hearing, which I am satisfied with. Consequently, I award the full claim. Replace Laundry door Replace Bedroom 1 Door Before After Before After Replace Bedroom 2 Door Replace Bedroom 3 Door Before After Before After Replace Pantry 2 Door Replace Hallway door Before After Before After Replace Bed 1 Robe door Replace bed 2 robe door Before After Before After Replace Bed 3 Robe door Before After Bed 2 robe door in bed 1 Holes in walls Laundry Hall cupboard Dining Lounge Lounge (x2) Bed 1 Bed 2 Bed 3 Toilet

Tenancy Tribunal case 4629165 — Property damage at 37 Miro Drive, Murupara, Murupara 3025

At a glance

Tenancy Tribunal case 4629165 — Property damage at 37 Miro Drive, Murupara, Murupara 3025

At a glance

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

Frequently asked questions

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

Frequently asked questions