How much money was awarded in case 4656789?

Compensation: $1,240.00 awarded to landlord; Property Damage: $200.00 awarded to landlord; Property Damage: $900.00 awarded to landlord; Filing Fee: $20.44 awarded to landlord; Funds Held: $1,240.00 awarded to tenant; Property Damage: $327.18 awarded to landlord; Doors: $200.00 awarded to landlord; Property Damage: $9,597.69 awarded to landlord; Gib And Plastering: $9,461.05 awarded to landlord; Interior Painting: $11,385.00 awarded to landlord; Interior Timbers And Skirting: $1,000.00 awarded to landlord; Kitchen Cabinetry: $1,000.00 awarded to landlord; Laundry And Bathroom Cabinets: $500.00 awarded to landlord; Rubbish Removal: $1,000.00 awarded to landlord; Replace Furnishings: Carpet: $2,700.00 awarded to landlord; Kitchen Vinyl: $1,500.00 awarded to landlord

What type of tenancy dispute was case 4656789?

The primary dispute was Property damage.

Where can I read the official tribunal order for case 4656789?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/9360787-Tenancy_Tribunal_Order.pdf.

How much money was awarded in case 4656789?

Compensation: $1,240.00 awarded to landlord; Property Damage: $200.00 awarded to landlord; Property Damage: $900.00 awarded to landlord; Filing Fee: $20.44 awarded to landlord; Funds Held: $1,240.00 awarded to tenant; Property Damage: $327.18 awarded to landlord; Doors: $200.00 awarded to landlord; Property Damage: $9,597.69 awarded to landlord; Gib And Plastering: $9,461.05 awarded to landlord; Interior Painting: $11,385.00 awarded to landlord; Interior Timbers And Skirting: $1,000.00 awarded to landlord; Kitchen Cabinetry: $1,000.00 awarded to landlord; Laundry And Bathroom Cabinets: $500.00 awarded to landlord; Rubbish Removal: $1,000.00 awarded to landlord; Replace Furnishings: Carpet: $2,700.00 awarded to landlord; Kitchen Vinyl: $1,500.00 awarded to landlord

What type of tenancy dispute was case 4656789?

The primary dispute was Property damage.

Where can I read the official tribunal order for case 4656789?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/9360787-Tenancy_Tribunal_Order.pdf.

6A Duke Street, Feilding, Feilding 4702 Tenancy Tribunal Case 4656789 — Property damage

Q: What was the outcome of Tenancy Tribunal case 4656789?

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

Claims and awards in Tenancy Tribunal application 4656789 — net $39,791.36 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Tenant	Reason
Electrical fittings replacement/repair	$327.18		Electrical fittings replacement/repair
Replace furnishings: carpet	$2,700.00		Replace furnishings: carpet
Replace furnishings: vinyl	$1,500.00		Replace furnishings: vinyl
Repairs: floor replacement	$9,597.69		Repairs: floor replacement
Repairs: kitchen cabinetry	$1,000.00		Repairs: kitchen cabinetry
Repairs: laundry and bathroom cabinets	$500.00		Repairs: laundry and bathroom cabinets
Electrical fittings replacement/repair: heat pump	$200.00		Electrical fittings replacement/repair: heat pump
Electrical fittings replacement/repair: stove	$900.00		Electrical fittings replacement/repair: stove
Repairs: gib and plastering	$9,461.05		Repairs: gib and plastering
Repairs: interior painting	$11,385.00		Repairs: interior painting
Repairs: interior timbers and skirting	$1,000.00		Repairs: interior timbers and skirting
Repairs: doors	$200.00		Repairs: doors
Repairs: rubbish removal	$1,000.00		Repairs: rubbish removal
Compensation for rent	$1,240.00		Compensation for rent
Filing fee reimbursement	$20.44		Filing fee reimbursement
Funds held		$1,240.00	Funds held
Total award	$41,031.36	$1,240.00
Net award	$39,791.36
Total payable by Tenant to Landlord	$39,791.36

Claims and awards in Tenancy Tribunal application 4656789 — net $39,791.36 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.

Claim

Landlord

Tenant

Reason

Electrical fittings replacement/repair

$327.18

Electrical fittings replacement/repair

Replace furnishings: carpet

$2,700.00

Replace furnishings: carpet

Replace furnishings: vinyl

$1,500.00

Replace furnishings: vinyl

Repairs: floor replacement

$9,597.69

Repairs: floor replacement

Repairs: kitchen cabinetry

$1,000.00

Repairs: kitchen cabinetry

Repairs: laundry and bathroom cabinets

$500.00

Repairs: laundry and bathroom cabinets

Electrical fittings replacement/repair: heat pump

$200.00

Electrical fittings replacement/repair: heat pump

Electrical fittings replacement/repair: stove

$900.00

Electrical fittings replacement/repair: stove

Repairs: gib and plastering

$9,461.05

Repairs: gib and plastering

Repairs: interior painting

$11,385.00

Repairs: interior painting

Repairs: interior timbers and skirting

$1,000.00

Repairs: interior timbers and skirting

Repairs: doors

$200.00

Repairs: doors

Repairs: rubbish removal

$1,000.00

Repairs: rubbish removal

Compensation for rent

$1,240.00

Compensation for rent

Filing fee reimbursement

$20.44

Filing fee reimbursement

Funds held

$1,240.00

Funds held

Total award

$41,031.36

$1,240.00

Net award

$39,791.36

Total payable by Tenant to Landlord

$39,791.36

Order

No application for suppression has been made in this case and no suppression orders apply around publication of this decision.

Caleb Pitihira Ray Devonshire-Boobyer must pay Reh Property Management Limited - As Agent For Brian And Angela Churchouse $39,791.36 immediately being $41,031.36 less the funds held for the tenant of $1,240.00, as shown in the table below.

Reasons

The landlord attended the hearing.

A member of the tenant’s family attended the hearing on his behalf.

The landlord has applied for compensation and reimbursement of the filing fee following the end of the tenancy.

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 parties accepted that the tenant intentionally damaged the property.

Photographic evidence and a video were provided showing the extensive damage to the property as follows: a. The carpet and vinyl throughout the property was damaged beyond repair. b. Due to deliberately flooding the property, the skirting and portions of gib required replacement. c. The bathroom and laundry cabinets required replacement. d. The kitchen cabinetry required replacement. e. The heat pump was broken beyond repair. f. The stove was damaged beyond economical repair as confirmed by a third party report. g. A light switch was broken. h. Two doors were broken.

In considering adequate compensation, I must take 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.

The landlord provided evidence that the carpet, vinyl and oven were installed in February 2021. The IRD’s depreciation guide IR 265 provides that these items have a life of eight years. I have therefore deducted 25% from the amounts claimed.

The photographic evidence indicated and the landlord accepted that the doors, kitchen, bathroom and laundry cabinetry were more than ten years old and probably original, making them over forty years old. I have allowed amounts to reflect a nominal value on the basis that the landlord would not have been replacing them but for the tenant’s actions and that they still retained some small utility value.

Similarly, the landlord was unable to prove the age of the heat pump. Photographs indicated that it was more than ten years old which the Inland Revenue’s guidelines indicate is the length of its useful life. The tenant indicated that there were issues with its operation. Again, I have allowed a nominal amount for an appliance that was at the end of its useful life.

I have allowed the full amount claimed for the following: a. Gib and plastering. b. Interior timbers and skirting. c. Tip fees and rubbish disposal d. Interior painting.

It is not appropriate that depreciation be deducted from these items.

The amounts ordered are proved. Compensation for lost rental

Because of the tenant’s intentional damage, the landlord is unable to rent out the property until the repairs have been completed. While it is part of the business of owning residential property for rent that there will be periods where no rent will be earned, the period will be significantly longer because of the tenant’s actions.

It is appropriate to award compensation for the loss of four weeks’ rent. Filing fee

Because Reh Property Management Limited - As Agent For Brian And Angela Churchouse has substantially succeeded with the claim I have reimbursed the filing fee.

Claims and awards in Tenancy Tribunal application 4656789 — net $39,791.36 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Tenant	Reason
Electrical fittings replacement/repair	$327.18		Electrical fittings replacement/repair
Replace furnishings: carpet	$2,700.00		Replace furnishings: carpet
Replace furnishings: vinyl	$1,500.00		Replace furnishings: vinyl
Repairs: floor replacement	$9,597.69		Repairs: floor replacement
Repairs: kitchen cabinetry	$1,000.00		Repairs: kitchen cabinetry
Repairs: laundry and bathroom cabinets	$500.00		Repairs: laundry and bathroom cabinets
Electrical fittings replacement/repair: heat pump	$200.00		Electrical fittings replacement/repair: heat pump
Electrical fittings replacement/repair: stove	$900.00		Electrical fittings replacement/repair: stove
Repairs: gib and plastering	$9,461.05		Repairs: gib and plastering
Repairs: interior painting	$11,385.00		Repairs: interior painting
Repairs: interior timbers and skirting	$1,000.00		Repairs: interior timbers and skirting
Repairs: doors	$200.00		Repairs: doors
Repairs: rubbish removal	$1,000.00		Repairs: rubbish removal
Compensation for rent	$1,240.00		Compensation for rent
Filing fee reimbursement	$20.44		Filing fee reimbursement
Funds held		$1,240.00	Funds held
Total award	$41,031.36	$1,240.00
Net award	$39,791.36
Total payable by Tenant to Landlord	$39,791.36

Claims and awards in Tenancy Tribunal application 4656789 — net $39,791.36 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.

Claim

Landlord

Tenant

Reason

Electrical fittings replacement/repair

$327.18

Electrical fittings replacement/repair

Replace furnishings: carpet

$2,700.00

Replace furnishings: carpet

Replace furnishings: vinyl

$1,500.00

Replace furnishings: vinyl

Repairs: floor replacement

$9,597.69

Repairs: floor replacement

Repairs: kitchen cabinetry

$1,000.00

Repairs: kitchen cabinetry

Repairs: laundry and bathroom cabinets

$500.00

Repairs: laundry and bathroom cabinets

Electrical fittings replacement/repair: heat pump

$200.00

Electrical fittings replacement/repair: heat pump

Electrical fittings replacement/repair: stove

$900.00

Electrical fittings replacement/repair: stove

Repairs: gib and plastering

$9,461.05

Repairs: gib and plastering

Repairs: interior painting

$11,385.00

Repairs: interior painting

Repairs: interior timbers and skirting

$1,000.00

Repairs: interior timbers and skirting

Repairs: doors

$200.00

Repairs: doors

Repairs: rubbish removal

$1,000.00

Repairs: rubbish removal

Compensation for rent

$1,240.00

Compensation for rent

Filing fee reimbursement

$20.44

Filing fee reimbursement

Funds held

$1,240.00

Funds held

Total award

$41,031.36

$1,240.00

Net award

$39,791.36

Total payable by Tenant to Landlord

$39,791.36

Order

No application for suppression has been made in this case and no suppression orders apply around publication of this decision.
Caleb Pitihira Ray Devonshire-Boobyer must pay Reh Property Management Limited - As Agent For Brian And Angela Churchouse $39,791.36 immediately being $41,031.36 less the funds held for the tenant of $1,240.00, as shown in the table below.

Reasons

The landlord attended the hearing.
A member of the tenant’s family attended the hearing on his behalf.
The landlord has applied for compensation and reimbursement of the filing fee following the end of the tenancy.

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 parties accepted that the tenant intentionally damaged the property.
Photographic evidence and a video were provided showing the extensive damage to the property as follows: a. The carpet and vinyl throughout the property was damaged beyond repair. b. Due to deliberately flooding the property, the skirting and portions of gib required replacement. c. The bathroom and laundry cabinets required replacement. d. The kitchen cabinetry required replacement. e. The heat pump was broken beyond repair. f. The stove was damaged beyond economical repair as confirmed by a third party report. g. A light switch was broken. h. Two doors were broken.
In considering adequate compensation, I must take 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.
The landlord provided evidence that the carpet, vinyl and oven were installed in February 2021. The IRD’s depreciation guide IR 265 provides that these items have a life of eight years. I have therefore deducted 25% from the amounts claimed.
The photographic evidence indicated and the landlord accepted that the doors, kitchen, bathroom and laundry cabinetry were more than ten years old and probably original, making them over forty years old. I have allowed amounts to reflect a nominal value on the basis that the landlord would not have been replacing them but for the tenant’s actions and that they still retained some small utility value.
Similarly, the landlord was unable to prove the age of the heat pump. Photographs indicated that it was more than ten years old which the Inland Revenue’s guidelines indicate is the length of its useful life. The tenant indicated that there were issues with its operation. Again, I have allowed a nominal amount for an appliance that was at the end of its useful life.
I have allowed the full amount claimed for the following: a. Gib and plastering. b. Interior timbers and skirting. c. Tip fees and rubbish disposal d. Interior painting.
It is not appropriate that depreciation be deducted from these items.
The amounts ordered are proved. Compensation for lost rental
Because of the tenant’s intentional damage, the landlord is unable to rent out the property until the repairs have been completed. While it is part of the business of owning residential property for rent that there will be periods where no rent will be earned, the period will be significantly longer because of the tenant’s actions.
It is appropriate to award compensation for the loss of four weeks’ rent. Filing fee
Because Reh Property Management Limited - As Agent For Brian And Angela Churchouse has substantially succeeded with the claim I have reimbursed the filing fee.

Tenancy Tribunal case 4656789 — Property damage at 6A Duke Street, Feilding, Feilding 4702

At a glance

Tenancy Tribunal case 4656789 — Property damage at 6A Duke Street, Feilding, Feilding 4702

At a glance

Award balance

Claims & awards

Order

Reasons

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

Is the tenant responsible for the damage to the premises?

Topics & place

Residential Tenancies Act sections

Key findings

Property management

Frequently asked questions