What was the outcome of Tenancy Tribunal case 4660469?

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

How much money was awarded in case 4660469?

Filing Fee: $20.44 awarded to landlord; Property Damage: $517.50 awarded to landlord; Rent: $5,085.00 awarded to landlord; Subletting Without Consent: $250.00 awarded to landlord; Water Charges To September 2023: $570.11 awarded to landlord

What type of tenancy dispute was case 4660469?

The primary dispute was Property damage.

Where can I read the official tribunal order for case 4660469?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/9536733-Tenancy_Tribunal_Order.pdf.

What was the outcome of Tenancy Tribunal case 4660469?

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

How much money was awarded in case 4660469?

Filing Fee: $20.44 awarded to landlord; Property Damage: $517.50 awarded to landlord; Rent: $5,085.00 awarded to landlord; Subletting Without Consent: $250.00 awarded to landlord; Water Charges To September 2023: $570.11 awarded to landlord

What type of tenancy dispute was case 4660469?

The primary dispute was Property damage.

Where can I read the official tribunal order for case 4660469?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/9536733-Tenancy_Tribunal_Order.pdf.

358B Great South Road, Opaheke, Papakura 2113 Tenancy Tribunal Case 4660469 — Property damage

Claims and awards in Tenancy Tribunal application 4660469 — net $4,183.05 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent to 17 October 2023	$5,085.00	Rent to 17 October 2023
__________________________________________________________________________________ 46604692 Repairs to door	$517.50	__________________________________________________________________________________ 46604692 Repairs to door
Water charges to September 2023	$570.11	Water charges to September 2023
Subletting without consent	$250.00	Subletting without consent
Filing fee reimbursement	$20.44	Filing fee reimbursement
Net award	$4,183.05
Total payable by Tenant to Landlord	$4,183.05

Order

No application for suppression has been made in this case and no suppression orders apply around publication of this decision.
The tenancy of Mercy Filipaina at 358B Great South Road, Opaheke, Papakura 2113 is terminated, and possession is granted to Compass Property Management Limited - as Agent for Ashmeeta Rani Singh, at 10am on Tuesday 17 October 2023.
The Bond Centre is to pay the bond of $2,260.00 (6466965-006) to Compass Property Management Limited - as Agent for Ashmeeta Rani Singh immediately.
Mercy Filipaina must pay Compass Property Management Limited - as Agent for Ashmeeta Rani Singh $4,183.05 immediately, calculated as shown in the table below.
The landlord’s application is amended to include claims for cleaning, rubbish removal, and lawn mowing. The hearing is adjourned.
A further 60 minutes should be allowed for the next hearing of this matter, scheduled before any Adjudicator at this court on the next available date.

Reasons

The landlord attended the hearing today.
The landlord has applied for termination of the tenancy for breach of the tenant’s obligations, rent arrears, refund of the bond and exemplary damages. The landlord was permitted to present a claim for the cost of repairs to a door at the hearing.
The application was varied at the hearing to include further claims that will be addressed at a further hearing (discussed below). Termination of the tenancy
Where a landlord applies to terminate for breach, and rent is at least 21 days in arrears on the hearing date, the Tribunal must terminate the tenancy (sections 55 and 56(2) of the Residential Tenancies Act 1986).
Rent is at least 21 days in arrears at the hearing date. The arrears are equivalent to 9 week’s rent. It is appropriate to terminate the tenancy.
The landlord provided rent records and water invoices which prove the amount owing at the end of the tenancy. Damage to an external door
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.
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 4 weeks' rent. The insurance excess was $2,000.00 and 4-week’s rent totals $2,260.00.
Where the damage is careless and is not covered by the landlord's insurance, the tenant's liability is limited to 4 weeks' rent.
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.
The glass back door was damaged during the tenancy. The damage is more than fair wear and tear, and the tenant has not disproved liability for the damage. Subletting / parting with possession
The landlord claims exemplary damages on the basis the tenant sublet or parted with possession of the premises without their prior written consent.
In the absence of a specific provision in the tenancy agreement prohibiting subletting or parting of possession of the tenancy, a tenant may do so but only with the prior written consent of the landlord. The landlord may not withhold consent unreasonably. Breaching this obligation is an unlawful act for which exemplary damages may be awarded up to a maximum of $1,500.00.
In about May 2023 the tenant informed the landlord that she was going to Australia to look after a close relative who did not have long to live. The landlord tried to inspect the property on 6 June 2023, but the people inside would not let them in. The landlord attempted to inspect again, on 27 June 2023, but found their key did not work. The landlord gave notice of a further inspection the following day. Again, they could not gain access using their key.
On 28 July 2023 the landlord received an email from the tenant’s brother-in-law, stating that they were coming to the property “now and then” to check on things. The tenant had given them a key to gain entry.
The landlord met the brother-in-law at the property on 10 August 2023. She explained that they could not live at the property as they were not on the tenancy agreement. The brother-in-law said that the tenant would return on 24 August 2023. I note that the last weekly rent was paid on 9 August 2023, i.e., the day before this meeting.
The landlord inspected the property on 14 September 2023. No one was at the house and the lawns were long.
I am satisfied that the tenant parted with possession of the property without the prior written consent of the landlord. The arrangement seems to have gone beyond a temporary “house sitting” while the tenant was away. The landlord said they had been told the brother-in-law was at the property every night, and the dog belonged to them. There is no evidence suggesting that the tenant has ever returned to the property, and it is now empty. I find the tenant has committed an unlawful act.
Where a party has committed an unlawful act intentionally, the Tribunal may award exemplary damages where it is satisfied that it would be just to do so, having regard to the party’s intent, the effect of the unlawful act, the interests of the other party, and the public interest.
The initial intent appears to have been that the tenant would be away temporarily, but this morphed into a decision not to return. The rent stopped being paid once the landlord told the tenant’s brother-in-law that they were not entitled to live at the property. The tenant’s decision to part with possession caused difficulties gaining access. I find that exemplary damages are justified but only at a low level. After taking all relevant facts into consideration, I award exemplary damages of $250.00. Adjournment for further claims
The landlord indicated that there will be a further claim for cleaning, rubbish removal, and lawn mowing. I have issued an order notifying the tenant that the claim has been amended and adjourned to a further hearing. The landlord should file invoices supporting the further claims as soon as they are available. Filing fee
The landlord’s application has succeeded. I award the filing fee.

Claims and awards in Tenancy Tribunal application 4660469 — net $4,183.05 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent to 17 October 2023	$5,085.00	Rent to 17 October 2023
__________________________________________________________________________________ 46604692 Repairs to door	$517.50	__________________________________________________________________________________ 46604692 Repairs to door
Water charges to September 2023	$570.11	Water charges to September 2023
Subletting without consent	$250.00	Subletting without consent
Filing fee reimbursement	$20.44	Filing fee reimbursement
Net award	$4,183.05
Total payable by Tenant to Landlord	$4,183.05

Order

No application for suppression has been made in this case and no suppression orders apply around publication of this decision.
The tenancy of Mercy Filipaina at 358B Great South Road, Opaheke, Papakura 2113 is terminated, and possession is granted to Compass Property Management Limited - as Agent for Ashmeeta Rani Singh, at 10am on Tuesday 17 October 2023.
The Bond Centre is to pay the bond of $2,260.00 (6466965-006) to Compass Property Management Limited - as Agent for Ashmeeta Rani Singh immediately.
Mercy Filipaina must pay Compass Property Management Limited - as Agent for Ashmeeta Rani Singh $4,183.05 immediately, calculated as shown in the table below.
The landlord’s application is amended to include claims for cleaning, rubbish removal, and lawn mowing. The hearing is adjourned.
A further 60 minutes should be allowed for the next hearing of this matter, scheduled before any Adjudicator at this court on the next available date.

Reasons

The landlord attended the hearing today.
The landlord has applied for termination of the tenancy for breach of the tenant’s obligations, rent arrears, refund of the bond and exemplary damages. The landlord was permitted to present a claim for the cost of repairs to a door at the hearing.
The application was varied at the hearing to include further claims that will be addressed at a further hearing (discussed below). Termination of the tenancy
Where a landlord applies to terminate for breach, and rent is at least 21 days in arrears on the hearing date, the Tribunal must terminate the tenancy (sections 55 and 56(2) of the Residential Tenancies Act 1986).
Rent is at least 21 days in arrears at the hearing date. The arrears are equivalent to 9 week’s rent. It is appropriate to terminate the tenancy.
The landlord provided rent records and water invoices which prove the amount owing at the end of the tenancy. Damage to an external door
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.
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 4 weeks' rent. The insurance excess was $2,000.00 and 4-week’s rent totals $2,260.00.
Where the damage is careless and is not covered by the landlord's insurance, the tenant's liability is limited to 4 weeks' rent.
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.
The glass back door was damaged during the tenancy. The damage is more than fair wear and tear, and the tenant has not disproved liability for the damage. Subletting / parting with possession
The landlord claims exemplary damages on the basis the tenant sublet or parted with possession of the premises without their prior written consent.
In the absence of a specific provision in the tenancy agreement prohibiting subletting or parting of possession of the tenancy, a tenant may do so but only with the prior written consent of the landlord. The landlord may not withhold consent unreasonably. Breaching this obligation is an unlawful act for which exemplary damages may be awarded up to a maximum of $1,500.00.
In about May 2023 the tenant informed the landlord that she was going to Australia to look after a close relative who did not have long to live. The landlord tried to inspect the property on 6 June 2023, but the people inside would not let them in. The landlord attempted to inspect again, on 27 June 2023, but found their key did not work. The landlord gave notice of a further inspection the following day. Again, they could not gain access using their key.
On 28 July 2023 the landlord received an email from the tenant’s brother-in-law, stating that they were coming to the property “now and then” to check on things. The tenant had given them a key to gain entry.
The landlord met the brother-in-law at the property on 10 August 2023. She explained that they could not live at the property as they were not on the tenancy agreement. The brother-in-law said that the tenant would return on 24 August 2023. I note that the last weekly rent was paid on 9 August 2023, i.e., the day before this meeting.
The landlord inspected the property on 14 September 2023. No one was at the house and the lawns were long.
I am satisfied that the tenant parted with possession of the property without the prior written consent of the landlord. The arrangement seems to have gone beyond a temporary “house sitting” while the tenant was away. The landlord said they had been told the brother-in-law was at the property every night, and the dog belonged to them. There is no evidence suggesting that the tenant has ever returned to the property, and it is now empty. I find the tenant has committed an unlawful act.
Where a party has committed an unlawful act intentionally, the Tribunal may award exemplary damages where it is satisfied that it would be just to do so, having regard to the party’s intent, the effect of the unlawful act, the interests of the other party, and the public interest.
The initial intent appears to have been that the tenant would be away temporarily, but this morphed into a decision not to return. The rent stopped being paid once the landlord told the tenant’s brother-in-law that they were not entitled to live at the property. The tenant’s decision to part with possession caused difficulties gaining access. I find that exemplary damages are justified but only at a low level. After taking all relevant facts into consideration, I award exemplary damages of $250.00. Adjournment for further claims
The landlord indicated that there will be a further claim for cleaning, rubbish removal, and lawn mowing. I have issued an order notifying the tenant that the claim has been amended and adjourned to a further hearing. The landlord should file invoices supporting the further claims as soon as they are available. Filing fee
The landlord’s application has succeeded. I award the filing fee.

Tenancy Tribunal case 4660469 — Property damage at 358B Great South Road, Opaheke, Papakura 2113

At a glance

Tenancy Tribunal case 4660469 — Property damage at 358B Great South Road, Opaheke, Papakura 2113

At a glance

Award balance

Claims & awards

Order

Reasons

Topics & place

Residential Tenancies Act sections

Key findings

Property management

Frequently asked questions

Award balance

Claims & awards

Order

Reasons

Topics & place

Residential Tenancies Act sections

Key findings

Property management

Frequently asked questions