What was the outcome of Tenancy Tribunal case 4643351?

The tribunal order states: Teneal Nathan must pay Steven Lancaster $711.51 immediately, calculated as

How much money was awarded in case 4643351?

Filing Fee: $20.44 awarded to landlord; Rent Arrears: $600.00 awarded to landlord; Water Rates: $31.27 awarded to landlord; Property Damage: $59.80 awarded to landlord

What type of tenancy dispute was case 4643351?

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

Where can I read the official tribunal order for case 4643351?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/9640308-Tenancy_Tribunal_Order.pdf.

What was the outcome of Tenancy Tribunal case 4643351?

The tribunal order states: Teneal Nathan must pay Steven Lancaster $711.51 immediately, calculated as

How much money was awarded in case 4643351?

Filing Fee: $20.44 awarded to landlord; Rent Arrears: $600.00 awarded to landlord; Water Rates: $31.27 awarded to landlord; Property Damage: $59.80 awarded to landlord

What type of tenancy dispute was case 4643351?

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

Where can I read the official tribunal order for case 4643351?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/9640308-Tenancy_Tribunal_Order.pdf.

Unit/Flat 13, 27 Avenue Road, Otahuhu, Auckland 1062 Tenancy Tribunal Case 4643351 — Rent arrears

Reasons

Claims and awards in Tenancy Tribunal application 4643351 — net $711.51 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears to 28 May 2023- 8 June 2023	$600.00	2. The landlord has applied for rent arrears, water rates arrears, compensation and reimbursement of the filing fee following the end of the tenancy.
Water rates	$31.27	Water rates
Window repairs: Bedroom window	$59.80	Window repairs: Bedroom window
Filing fee reimbursement	$20.44	Filing fee reimbursement
Net award	$711.51
Total payable by Tenant to Landlord	$711.51

The Landlord attended the hearing. The Tenant did not appear.

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

How much is owed for rent and water rate arrears?

The tenancy ended on 27 May 2023. The Tenant did not vacate until the 8 June 2023. The landlord provided rent records and water rates invoices which prove the amount owing between 28 May 2023 and 8 June 2023.

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: Broken bedroom window.

The Landlord claimed for the repair of a broken bedroom window which the Tenant damaged during the tenancy. The Landlord submitted a text message from the Tenant which was sent to him on 29 May 2023 notifying the Landlord of the window that broke when the Tenant closed it. The Tenant stated they would repair it. A photograph was shown of the sealed window patched up temporarily.

The Landlord submitted this window damage was not wear and tear despite the property being built around the 1960’s. This was because they saw the broken window was smashed in the middle as if something was thrown into it. It did not appear as a crack from closing the window.

In considering the evidence, I find the text message from the Tenant to the Landlord taking responsibility for the damage, that the damage was more than fair wear and tear. The tenant has 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 been wholly successful in their claim, the Tenant shall reimburse the filing fee.

The Landlord did not seek name suppression so this Order has not been made.

Claims and awards in Tenancy Tribunal application 4643351 — net $711.51 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears to 28 May 2023- 8 June 2023	$600.00	2. The landlord has applied for rent arrears, water rates arrears, compensation and reimbursement of the filing fee following the end of the tenancy.
Water rates	$31.27	Water rates
Window repairs: Bedroom window	$59.80	Window repairs: Bedroom window
Filing fee reimbursement	$20.44	Filing fee reimbursement
Net award	$711.51
Total payable by Tenant to Landlord	$711.51

Order

Teneal Nathan must pay Steven Lancaster $711.51 immediately, calculated as shown in table below.

Reasons

The Landlord attended the hearing. The Tenant did not appear.
The landlord has applied for rent arrears, water rates arrears, compensation and reimbursement of the filing fee following the end of the tenancy.

How much is owed for rent and water rate arrears?

The tenancy ended on 27 May 2023. The Tenant did not vacate until the 8 June 2023. The landlord provided rent records and water rates invoices which prove the amount owing between 28 May 2023 and 8 June 2023.

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: Broken bedroom window.
The Landlord claimed for the repair of a broken bedroom window which the Tenant damaged during the tenancy. The Landlord submitted a text message from the Tenant which was sent to him on 29 May 2023 notifying the Landlord of the window that broke when the Tenant closed it. The Tenant stated they would repair it. A photograph was shown of the sealed window patched up temporarily.
The Landlord submitted this window damage was not wear and tear despite the property being built around the 1960’s. This was because they saw the broken window was smashed in the middle as if something was thrown into it. It did not appear as a crack from closing the window.
In considering the evidence, I find the text message from the Tenant to the Landlord taking responsibility for the damage, that the damage was more than fair wear and tear. The tenant has 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 been wholly successful in their claim, the Tenant shall reimburse the filing fee.
The Landlord did not seek name suppression so this Order has not been made.

Tenancy Tribunal case 4643351 — Rent arrears at Unit/Flat 13, 27 Avenue Road, Otahuhu, Auckland 1062

At a glance

Tenancy Tribunal case 4643351 — Rent arrears at Unit/Flat 13, 27 Avenue Road, Otahuhu, Auckland 1062

At a glance

Award balance

Claims & awards

Order

Reasons

How much is owed for rent and water rate arrears?

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 rate arrears?

Is the tenant responsible for the damage to the premises?

Topics & place

Residential Tenancies Act sections

Key findings

Frequently asked questions