What was the outcome of Tenancy Tribunal case 4661529?

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

How much money was awarded in case 4661529?

Break Lease Fee: $555.45 awarded to landlord; Filing Fee: $20.44 awarded to landlord; Property Damage: $300.00 awarded to landlord; Rent Arrears: $165.71 awarded to landlord; Front Door: $207.00 awarded to landlord; Rubbish Removal: $664.90 awarded to landlord

What type of tenancy dispute was case 4661529?

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

Where can I read the official tribunal order for case 4661529?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/9467916-Tenancy_Tribunal_Order.pdf.

What was the outcome of Tenancy Tribunal case 4661529?

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

How much money was awarded in case 4661529?

Break Lease Fee: $555.45 awarded to landlord; Filing Fee: $20.44 awarded to landlord; Property Damage: $300.00 awarded to landlord; Rent Arrears: $165.71 awarded to landlord; Front Door: $207.00 awarded to landlord; Rubbish Removal: $664.90 awarded to landlord

What type of tenancy dispute was case 4661529?

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

Where can I read the official tribunal order for case 4661529?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/9467916-Tenancy_Tribunal_Order.pdf.

18A Fairs Road, Milson, Palmerston North 4414 Tenancy Tribunal Case 4661529 — Property damage

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18A Fairs Road, Milson, Palmerston North 4414 Tenancy Tribunal Case 4661529 — 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 4661529 — net $1,913.50 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears to 26/8/2023 after bond refunded	$165.71	Rent arrears to 26/8/2023 after bond refunded
Filing fee reimbursement	$20.44	Filing fee reimbursement
Repairs: front door	$207.00	Repairs: front door
Repairs: other including rubbish removal	$664.90	Repairs: other including rubbish removal
Break lease fee	$555.45	Break lease fee
Gate replacement	$300.00	Gate replacement
Net award	$1,913.50
Total payable by Tenant to Landlord	$1,913.50

Claims and awards for application 4661529 — net $1,913.50 NZD. Verify on MoJ.

Rent arrears to 26/8/2023 after bond refunded

Amount: $165.71
Awarded to: Landlord
Reason: Rent arrears to 26/8/2023 after bond refunded

Filing fee reimbursement

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

Repairs: front door

Amount: $207.00
Awarded to: Landlord
Reason: Repairs: front door

Repairs: other including rubbish removal

Amount: $664.90
Awarded to: Landlord
Reason: Repairs: other including rubbish removal

Break lease fee

Amount: $555.45
Awarded to: Landlord
Reason: Break lease fee

Claim types — money lines allowed on this order

Filing Fee Property damage Rent arrears Rubbish Removal

Order

No application for suppression has been made in this case and no suppression orders apply around publication of this decision.
Samuel Smits must pay Fordyce Realty Limited As Agent For Ashleigh Lowe $1,913.50 immediately, calculated as shown in table below. DescriptionLandlord Rent arrears to 26/8/2023 after bond refunded$165.71 Filing fee reimbursement$20.44 Repairs: front door$207.00 Repairs: other including rubbish removal$664.90 Break lease fee$555.45 Gate replacement$300.00 Total award$1,913.50 Total payable by Tenant to Landlord$1,913.50

Reasons

The landlord attended the hearing represented by Mr Fordyce. The tenant did not attend.
The tenancy commenced on 9 April 2023 for a fixed term of one year but was ended early at the tenant’s request. The premises were retenanted from 27 August 2023.
The landlord has applied for rent arrears, compensation, and reimbursement of the filing fee following the end of the tenancy.

How much is owed for rent ?

When a fixed term tenancy is broken, the tenant is liable for rent to the date the premises were retenanted.. The landlord provided rent records of the rent due to 26 August 2023. The bond has been refunded leaving arrears of $165.71 owing.

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 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.
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: •Damage to the back and front doors from dog scratches. These required filing and repainting; •The curtains in one room were covered in mould and had to replaced. These were new at the beginning of the tenancy; •There was blue paint on some of the decking and two large gouges one two decking boards. These boards have been replaced and the paint removed; •The were deep gouges on one of the bedroom walls that required repair; •The large wire gate had been badly dented on one side and cannot be repaired. It cannot be opened easily. The Landlord claimed $648.60 for a replacement gate, however photographs showed that the gate was far from new and showed signs of rust. I have taken into account depreciation and awarded $300.00 as a contribution towards replacement. •The landlord claimed for 2 replacement lavender bushes that he believed had been damaged by a dog. The photographs showed that while there was some damage the plants were alive and with trimming back would regrow. I have deducted $40.00 from the claim.
While I find the damage was not intentional I do find it can be regarded as careless and more than fair wear and tear, and the tenant has not disproved liability for the damage.
The amounts ordered are proved.

Can expenses on lease break be awarded?

Where the landlord agrees to an early termination of lease they are entitled to claim any reasonable expenses incurred in this process, including retenanting, provided an itemised account I presented. See s.44A RTA
The landlord did present an itemised account of reasonable expenses and that claim is successful.
Because Fordyce Realty Limited As Agent For Ashleigh Lowe has substantially succeeded with the claim I have reimbursed the filing fee.

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 4661529 — net $1,913.50 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears to 26/8/2023 after bond refunded	$165.71	Rent arrears to 26/8/2023 after bond refunded
Filing fee reimbursement	$20.44	Filing fee reimbursement
Repairs: front door	$207.00	Repairs: front door
Repairs: other including rubbish removal	$664.90	Repairs: other including rubbish removal
Break lease fee	$555.45	Break lease fee
Gate replacement	$300.00	Gate replacement
Net award	$1,913.50
Total payable by Tenant to Landlord	$1,913.50

Claims and awards for application 4661529 — net $1,913.50 NZD. Verify on MoJ.

Rent arrears to 26/8/2023 after bond refunded

Amount: $165.71
Awarded to: Landlord
Reason: Rent arrears to 26/8/2023 after bond refunded

Filing fee reimbursement

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

Repairs: front door

Amount: $207.00
Awarded to: Landlord
Reason: Repairs: front door

Repairs: other including rubbish removal

Amount: $664.90
Awarded to: Landlord
Reason: Repairs: other including rubbish removal

Break lease fee

Amount: $555.45
Awarded to: Landlord
Reason: Break lease fee

Claim types — money lines allowed on this order

Filing Fee Property damage Rent arrears Rubbish Removal

Order

No application for suppression has been made in this case and no suppression orders apply around publication of this decision.
Samuel Smits must pay Fordyce Realty Limited As Agent For Ashleigh Lowe $1,913.50 immediately, calculated as shown in table below. DescriptionLandlord Rent arrears to 26/8/2023 after bond refunded$165.71 Filing fee reimbursement$20.44 Repairs: front door$207.00 Repairs: other including rubbish removal$664.90 Break lease fee$555.45 Gate replacement$300.00 Total award$1,913.50 Total payable by Tenant to Landlord$1,913.50

Reasons

The landlord attended the hearing represented by Mr Fordyce. The tenant did not attend.
The tenancy commenced on 9 April 2023 for a fixed term of one year but was ended early at the tenant’s request. The premises were retenanted from 27 August 2023.
The landlord has applied for rent arrears, compensation, and reimbursement of the filing fee following the end of the tenancy.

How much is owed for rent ?

When a fixed term tenancy is broken, the tenant is liable for rent to the date the premises were retenanted.. The landlord provided rent records of the rent due to 26 August 2023. The bond has been refunded leaving arrears of $165.71 owing.

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 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.
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: •Damage to the back and front doors from dog scratches. These required filing and repainting; •The curtains in one room were covered in mould and had to replaced. These were new at the beginning of the tenancy; •There was blue paint on some of the decking and two large gouges one two decking boards. These boards have been replaced and the paint removed; •The were deep gouges on one of the bedroom walls that required repair; •The large wire gate had been badly dented on one side and cannot be repaired. It cannot be opened easily. The Landlord claimed $648.60 for a replacement gate, however photographs showed that the gate was far from new and showed signs of rust. I have taken into account depreciation and awarded $300.00 as a contribution towards replacement. •The landlord claimed for 2 replacement lavender bushes that he believed had been damaged by a dog. The photographs showed that while there was some damage the plants were alive and with trimming back would regrow. I have deducted $40.00 from the claim.
While I find the damage was not intentional I do find it can be regarded as careless and more than fair wear and tear, and the tenant has not disproved liability for the damage.
The amounts ordered are proved.

Can expenses on lease break be awarded?

Where the landlord agrees to an early termination of lease they are entitled to claim any reasonable expenses incurred in this process, including retenanting, provided an itemised account I presented. See s.44A RTA
The landlord did present an itemised account of reasonable expenses and that claim is successful.
Because Fordyce Realty Limited As Agent For Ashleigh Lowe has substantially succeeded with the claim I have reimbursed the filing fee.

Tenancy Tribunal case 4661529 — Property damage at 18A Fairs Road, Milson, Palmerston North 4414

At a glance

Tenancy Tribunal case 4661529 — Property damage at 18A Fairs Road, Milson, Palmerston North 4414

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?

Can expenses on lease break be awarded?

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?

Can expenses on lease break be awarded?

Topics & place

Residential Tenancies Act sections

Key findings

Property management

Frequently asked questions