What was the outcome of Tenancy Tribunal case 4656771?

The tribunal order states: Rosemary Te Kira and Nathanael Phillips must pay Property Brokers Limited

How much money was awarded in case 4656771?

Filing Fee: $20.44 awarded to landlord; Rent Credit: $77.15 awarded to tenant; Bedroom 2: $550.00 awarded to landlord; Bedroom 3: $550.00 awarded to landlord; Entrance Hall: $550.00 awarded to landlord; Kitchen Dining Area: $550.00 awarded to landlord; Lounge: $550.00 awarded to landlord; Master Bedroom: $550.00 awarded to landlord; Outside Shed: $550.00 awarded to landlord; Rubbish Removal: $406.64 awarded to landlord

What type of tenancy dispute was case 4656771?

The primary dispute was Property damage.

Where can I read the official tribunal order for case 4656771?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/10686048-Tribunal_Order.pdf.

What was the outcome of Tenancy Tribunal case 4656771?

The tribunal order states: Rosemary Te Kira and Nathanael Phillips must pay Property Brokers Limited

How much money was awarded in case 4656771?

Filing Fee: $20.44 awarded to landlord; Rent Credit: $77.15 awarded to tenant; Bedroom 2: $550.00 awarded to landlord; Bedroom 3: $550.00 awarded to landlord; Entrance Hall: $550.00 awarded to landlord; Kitchen Dining Area: $550.00 awarded to landlord; Lounge: $550.00 awarded to landlord; Master Bedroom: $550.00 awarded to landlord; Outside Shed: $550.00 awarded to landlord; Rubbish Removal: $406.64 awarded to landlord

What type of tenancy dispute was case 4656771?

The primary dispute was Property damage.

Where can I read the official tribunal order for case 4656771?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/10686048-Tribunal_Order.pdf.

376 Taupo Road, Taumarunui, Taumarunui 3920 Tenancy Tribunal Case 4656771 — Property damage

Reasons

Claims and awards in Tenancy Tribunal application 4656771 — net $3,039.93 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Tenant	Reason
Rubbish removal	$406.64		Rubbish removal
Repairs: outside shed	$550.00		Repairs: outside shed
Repairs: master bedroom	$550.00		Repairs: master bedroom
Repairs: bedroom 2	$550.00		Repairs: bedroom 2
Repairs: bedroom 3	$550.00		Repairs: bedroom 2
Repairs: entrance hall	$550.00		Repairs: entrance hall
Repairs: kitchen dining area	$550.00		Repairs: kitchen dining area
Repairs: lounge	$550.00		Repairs: lounge
Filing fee reimbursement	$20.44		Filing fee reimbursement
Rent credit		$77.15	Rent credit
Total award	$4,277.08	$77.15
Net award	$3,039.93
Total payable by Tenant to Landlord	$3,039.93

Both parties attended the hearing. The landlord is Property Brokers Limited as recorded on the tenancy agreement. I have removed the individual agent that was acting as she is not a party but recorded as the property manager appointed by Property Brokers.

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 20 June 2023. The landlord provided rent records which prove there was a rent credit at 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. The tenant is required to replace worn out smoke alarm batteries during the tenancy. See section 40(1)(ca) Residential Tenancies Act 1986. 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 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.

The following damage was caused during the tenancy: all three bedrooms, the lounge, entrance way and kitchen dining area were extensively damaged. The damage is more than fair wear and tear, and the tenants said the damage was caused by domestic violence. They have not disproved liability for the damage. The exterior shed was damaged by the tenant’s horse, and they are also liable for the cost of those repairs/that insurance excess.

The amounts ordered are proved. The landlord has insurance and at the beginning of the tenancy advised the tenants the excess was $550 per claim. The landlord agreed to reduce the claim per room to this amount which seems reasonable given the age and condition of the property at the beginning of the tenancy and the poor condition it was noted to be in when the tenancy began.

In awarding the $550 compensation per room I have therefore 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.

Because Property Brokers Limited Acting Agent For Hayley Anderson David Calvert has substantially succeeded with the claim I have reimbursed the filing fee.

Claims and awards in Tenancy Tribunal application 4656771 — net $3,039.93 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Tenant	Reason
Rubbish removal	$406.64		Rubbish removal
Repairs: outside shed	$550.00		Repairs: outside shed
Repairs: master bedroom	$550.00		Repairs: master bedroom
Repairs: bedroom 2	$550.00		Repairs: bedroom 2
Repairs: bedroom 3	$550.00		Repairs: bedroom 2
Repairs: entrance hall	$550.00		Repairs: entrance hall
Repairs: kitchen dining area	$550.00		Repairs: kitchen dining area
Repairs: lounge	$550.00		Repairs: lounge
Filing fee reimbursement	$20.44		Filing fee reimbursement
Rent credit		$77.15	Rent credit
Total award	$4,277.08	$77.15
Net award	$3,039.93
Total payable by Tenant to Landlord	$3,039.93

Order

Rosemary Te Kira and Nathanael Phillips must pay Property Brokers Limited $3,039.93 immediately, calculated as shown in table below.
The Bond Centre is to pay the bond of $1,160.00 (3041845-022) to Property Brokers Limited Acting Agent For Hayley Anderson David Calvert immediately.

Reasons

Both parties attended the hearing. The landlord is Property Brokers Limited as recorded on the tenancy agreement. I have removed the individual agent that was acting as she is not a party but recorded as the property manager appointed by Property Brokers.
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 20 June 2023. The landlord provided rent records which prove there was a rent credit at 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. The tenant is required to replace worn out smoke alarm batteries during the tenancy. See section 40(1)(ca) Residential Tenancies Act 1986. 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 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.
The following damage was caused during the tenancy: all three bedrooms, the lounge, entrance way and kitchen dining area were extensively damaged. The damage is more than fair wear and tear, and the tenants said the damage was caused by domestic violence. They have not disproved liability for the damage. The exterior shed was damaged by the tenant’s horse, and they are also liable for the cost of those repairs/that insurance excess.
The amounts ordered are proved. The landlord has insurance and at the beginning of the tenancy advised the tenants the excess was $550 per claim. The landlord agreed to reduce the claim per room to this amount which seems reasonable given the age and condition of the property at the beginning of the tenancy and the poor condition it was noted to be in when the tenancy began.
In awarding the $550 compensation per room I have therefore 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.
Because Property Brokers Limited Acting Agent For Hayley Anderson David Calvert has substantially succeeded with the claim I have reimbursed the filing fee.

Tenancy Tribunal case 4656771 — Property damage at 376 Taupo Road, Taumarunui, Taumarunui 3920

At a glance

Tenancy Tribunal case 4656771 — Property damage at 376 Taupo Road, Taumarunui, Taumarunui 3920

At a glance

Award balance

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

Property management

Frequently asked questions

Award balance

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

Property management

Frequently asked questions