What was the outcome of Tenancy Tribunal case 4642541?

The tribunal order states: Rimu McGrath and Barry Walsh to pay Emily Miazga as trustee of the M And

How much money was awarded in case 4642541?

Filing Fee: $20.44 awarded to landlord; Property Damage: $475.00 awarded to landlord; Property Damage: $348.45 awarded to landlord; Property Damage: $128.00 awarded to landlord; Property Damage: $300.00 awarded to landlord

What type of tenancy dispute was case 4642541?

The primary dispute was Property damage.

Where can I read the official tribunal order for case 4642541?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/9720866-Tenancy_Tribunal_Order.pdf.

What was the outcome of Tenancy Tribunal case 4642541?

The tribunal order states: Rimu McGrath and Barry Walsh to pay Emily Miazga as trustee of the M And

How much money was awarded in case 4642541?

Filing Fee: $20.44 awarded to landlord; Property Damage: $475.00 awarded to landlord; Property Damage: $348.45 awarded to landlord; Property Damage: $128.00 awarded to landlord; Property Damage: $300.00 awarded to landlord

What type of tenancy dispute was case 4642541?

The primary dispute was Property damage.

Where can I read the official tribunal order for case 4642541?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/9720866-Tenancy_Tribunal_Order.pdf.

672C Nikau Road, Mokihinui, Westport 7891 Tenancy Tribunal Case 4642541 — Property damage

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672C Nikau Road, Mokihinui, Westport 7891 Tenancy Tribunal Case 4642541 — Property damage | TenantCheck

Claims & awards

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

Claims and awards in Tenancy Tribunal application 4642541 — net $1,271.89 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Repairs: lawnmower (insurance excess	$300.00	Repairs: lawnmower (insurance excess
Garage fob replacement	$475.00	Garage fob replacement
Lock/key replacement	$348.45	Lock/key replacement
Replacement grubber (tool	$128.00	Replacement grubber (tool
Filing fee reimbursement	$20.44	Filing fee reimbursement
Net award	$1,271.89
Bond	$1,960.00
Total payable by Tenant to Landlord	$1,271.89

Claims and awards for application 4642541 — net $1,271.89 NZD. Verify on MoJ.

Repairs: lawnmower (insurance excess

Amount: $300.00
Awarded to: Landlord
Reason: Repairs: lawnmower (insurance excess

Garage fob replacement

Amount: $475.00
Awarded to: Landlord
Reason: Garage fob replacement

Lock/key replacement

Amount: $348.45
Awarded to: Landlord
Reason: Lock/key replacement

Replacement grubber (tool

Amount: $128.00
Awarded to: Landlord
Reason: Replacement grubber (tool

Filing fee reimbursement

Amount: $20.44
Awarded to: Landlord
Reason: Filing fee reimbursement

Claim types — money lines allowed on this order

Filing Fee Property damage

Order

Rimu McGrath and Barry Walsh to pay Emily Miazga as trustee of the M And Em Family Trust $1,271.89 from the bond, calculated as shown in table below.
The Bond Centre is to pay the bond of $1,960.00 (6452151-004) immediately apportioned as follows: M And Em Family Trust (Trustee: Emily Miazga): $1,271.89 Rimu McGrath and Barry Walsh: $688.11

Reasons

Both parties attended the hearing by phone.
The landlord has applied for compensation, refund of the bond, and reimbursement of the filing fee following 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.
I am satisfied that the tenant left the premises reasonably clean and tidy. This was confirmed by the landlord in an email on the final day of the tenancy. The landlord is estopped from claiming otherwise after that.
The tenant did not return the keys. The garage remote was also damaged. The tenant accepts the costs for the lawnmover replacement.
Only 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.
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.
I do not consider that the tenant has misused the generator. While the landlord insists that the generator is for backup purposes only, the fact remains that the tenant has not carelessly or intentionally cause or permit damage to the generator.
There is no specific written term in the tenancy agreement of this off-grid premises on maximum number of hours of generator use. Despite putting about 500 hours of use on it (in excess of 400 hours described by the landlord), I find that the tenant has not breached the terms of the tenancy agreement nor the RTA.
Notwithstanding the landlord’s assertions, I consider any need for replacement/repairs to the generator to be due to fair wear and tear only, and the tenant has accordingly disproved liability for the damage.
Only the amounts ordered for replacement of the grubber is proved.

Claims & awards

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

Claims and awards in Tenancy Tribunal application 4642541 — net $1,271.89 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Repairs: lawnmower (insurance excess	$300.00	Repairs: lawnmower (insurance excess
Garage fob replacement	$475.00	Garage fob replacement
Lock/key replacement	$348.45	Lock/key replacement
Replacement grubber (tool	$128.00	Replacement grubber (tool
Filing fee reimbursement	$20.44	Filing fee reimbursement
Net award	$1,271.89
Bond	$1,960.00
Total payable by Tenant to Landlord	$1,271.89

Claims and awards for application 4642541 — net $1,271.89 NZD. Verify on MoJ.

Repairs: lawnmower (insurance excess

Amount: $300.00
Awarded to: Landlord
Reason: Repairs: lawnmower (insurance excess

Garage fob replacement

Amount: $475.00
Awarded to: Landlord
Reason: Garage fob replacement

Lock/key replacement

Amount: $348.45
Awarded to: Landlord
Reason: Lock/key replacement

Replacement grubber (tool

Amount: $128.00
Awarded to: Landlord
Reason: Replacement grubber (tool

Filing fee reimbursement

Amount: $20.44
Awarded to: Landlord
Reason: Filing fee reimbursement

Claim types — money lines allowed on this order

Filing Fee Property damage

Order

Rimu McGrath and Barry Walsh to pay Emily Miazga as trustee of the M And Em Family Trust $1,271.89 from the bond, calculated as shown in table below.
The Bond Centre is to pay the bond of $1,960.00 (6452151-004) immediately apportioned as follows: M And Em Family Trust (Trustee: Emily Miazga): $1,271.89 Rimu McGrath and Barry Walsh: $688.11

Reasons

Both parties attended the hearing by phone.
The landlord has applied for compensation, refund of the bond, and reimbursement of the filing fee following 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.
I am satisfied that the tenant left the premises reasonably clean and tidy. This was confirmed by the landlord in an email on the final day of the tenancy. The landlord is estopped from claiming otherwise after that.
The tenant did not return the keys. The garage remote was also damaged. The tenant accepts the costs for the lawnmover replacement.
Only 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.
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.
I do not consider that the tenant has misused the generator. While the landlord insists that the generator is for backup purposes only, the fact remains that the tenant has not carelessly or intentionally cause or permit damage to the generator.
There is no specific written term in the tenancy agreement of this off-grid premises on maximum number of hours of generator use. Despite putting about 500 hours of use on it (in excess of 400 hours described by the landlord), I find that the tenant has not breached the terms of the tenancy agreement nor the RTA.
Notwithstanding the landlord’s assertions, I consider any need for replacement/repairs to the generator to be due to fair wear and tear only, and the tenant has accordingly disproved liability for the damage.
Only the amounts ordered for replacement of the grubber is proved.

Tenancy Tribunal case 4642541 — Property damage at 672C Nikau Road, Mokihinui, Westport 7891

At a glance

Tenancy Tribunal case 4642541 — Property damage at 672C Nikau Road, Mokihinui, Westport 7891

At a glance

Award balance

Claims & awards

Order

Reasons

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

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