What was the outcome of Tenancy Tribunal case 4682169?

The tribunal order states: Michelle Lynette Pope must pay Eves Realty Limited As Agent For David

How much money was awarded in case 4682169?

Cleaning: $700.00 awarded to landlord; Door Stops: $61.78 awarded to landlord; Property Damage: $1,000.00 awarded to landlord; Filing Fee: $20.44 awarded to landlord; Lawns and Garden Work: $677.00 awarded to landlord; Rent Arrears: $285.75 awarded to landlord; Walls, Ceilings: $639.29 awarded to landlord; Replace Furnishings: Carpets: $550.00 awarded to landlord; Water Rates: $21.39 awarded to landlord

What type of tenancy dispute was case 4682169?

The primary dispute was Exemplary damages. Related themes: Cleanliness, Property damage, Rent arrears.

Where can I read the official tribunal order for case 4682169?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/10028322-Tenancy_Tribunal_Order.pdf.

What was the outcome of Tenancy Tribunal case 4682169?

The tribunal order states: Michelle Lynette Pope must pay Eves Realty Limited As Agent For David

How much money was awarded in case 4682169?

Cleaning: $700.00 awarded to landlord; Door Stops: $61.78 awarded to landlord; Property Damage: $1,000.00 awarded to landlord; Filing Fee: $20.44 awarded to landlord; Lawns and Garden Work: $677.00 awarded to landlord; Rent Arrears: $285.75 awarded to landlord; Walls, Ceilings: $639.29 awarded to landlord; Replace Furnishings: Carpets: $550.00 awarded to landlord; Water Rates: $21.39 awarded to landlord

What type of tenancy dispute was case 4682169?

The primary dispute was Exemplary damages. Related themes: Cleanliness, Property damage, Rent arrears.

Where can I read the official tribunal order for case 4682169?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/10028322-Tenancy_Tribunal_Order.pdf.

157 Koutunui Road, Athenree, RD 1, Waihi Beach 3177 Tenancy Tribunal Case 4682169 — Exemplary damages

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157 Koutunui Road, Athenree, RD 1, Waihi Beach 3177 Tenancy Tribunal Case 4682169 — Exemplary damages | 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 4682169 — net $1,635.65 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears to 26 August 2023	$285.75	Rent arrears to 26 August 2023
Cleaning	$700.00	Cleaning
Water rates	$21.39	Water rates
Repairs: walls, ceilings	$639.29	Repairs: walls, ceilings
Replace furnishings: carpets	$550.00	Replace furnishings: carpets
Door stops	$61.78	Door stops
Lawns and garden work	$677.00	Lawns and garden work
Exemplary damages: unlawful purpose	$1,000.00	unlawful purpose
Filing fee reimbursement	$20.44	Filing fee reimbursement
Net award	$1,635.65
Total payable by Tenant to Landlord	$1,635.65

Claims and awards for application 4682169 — net $1,635.65 NZD. Verify on MoJ.

Rent arrears to 26 August 2023

Amount: $285.75
Awarded to: Landlord
Reason: Rent arrears to 26 August 2023

Cleaning

Amount: $700.00
Awarded to: Landlord
Reason: Cleaning

Water rates

Amount: $21.39
Awarded to: Landlord
Reason: Water rates

Repairs: walls, ceilings

Amount: $639.29
Awarded to: Landlord
Reason: Repairs: walls, ceilings

Replace furnishings: carpets

Amount: $550.00
Awarded to: Landlord
Reason: Replace furnishings: carpets

Claim types — money lines allowed on this order

Cleanliness Exemplary damages Filing Fee Lawns And Garden Work Rent arrears Property damage Water Rates

Order

Michelle Lynette Pope must pay Eves Realty Limited As Agent For David Salmon & Marianne Salmon $1,635.65 immediately, calculated as shown in table below.
The Bond Centre is to pay the bond of $2,320.00 (5613245-002) to Eves Realty Limited As Agent For David Salmon & Marianne Salmon immediately.

Reasons

The landlord attended the hearing. The tenant did not appear.
The landlord has applied for rent arrears, compensation, exemplary damages, refund of the bond, and reimbursement of the filing fee following the end of the tenancy.

How much is owed for rent and water rates?

The tenancy ended on 26 August 2024. The landlord provided rent records and a water rates invoice which prove the amount owing 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 the garden required substantial work to return it to a reasonable standard.
The bedroom doorstops were missing at the end of the tenancy.
The landlord says the tenant did not return the garage remotes but as no receipts/invoice/estimate has been provided to prove the loss, this part of the claim is dismissed.
The landlord sought compensation for a missing fly screen but again nor receipts/invoices/estimates were provided, so this part of the claim is dismissed.
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 carpet in the master bedroom and hallway, and damage to walls and ceilings. This is more than fair wear and tear, and the tenant has not disproved liability for the careless damage.
However, the carpet was at least 15 years old and likely close to the end of its estimated useful life. I award the insurance excess of $550.00 to acknowledge the damage caused by the tenant and the fact that carpet had some residual value.
Similarly, painted walls in a rental property have only an estimated useful life of around 5 years. I award the cost of the paint for the walls and ceilings only as fair, reasonable and proportionate compensation.
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.

Did the tenant use or permit the premises to be used for an unlawful purpose?

Eves Realty Limited As Agent For David Salmon & Marianne Salmon claims the tenant has used the premises unlawfully, by permitting the use of methamphetamine on the premises. The landlord relies on an in-going test which records no trace of methamphetamine, and an out-going composite test which records a theoretical maximum of 1.44ug/100cm2. The landlord has also provided an email from the tenant wherein the tenant acknowledges her suspicions about her former partner who lived in the premises for 10 months.
A tenant must not use the premises or permit the premises to be used for an unlawful purpose. See section 40(2)(b) Residential Tenancies Act 1986.
Breaching this obligation is an unlawful act for which exemplary damages may be awarded up to a maximum of $1,800.00. See section 40(3A)(c) and Schedule 1A Residential Tenancies Act 1986.
Any use or possession of a Class A drug is unlawful and may be subject to a period of 6 months imprisonment (sections 3A, 7(1)(a) & (2)(a) and Schedule 1 Misuse of Drugs Act 1975).
I am satisfied that the tenant permitted the premises to be used for an unlawful purpose. Tenants are responsible for anything done or omitted to be done by any person who is in the premises with the tenant’s permission if the act or omission would have constituted a breach of the tenancy agreement had it been the act or omission of the tenant (section 41(1) RTA). I find it more likely than not that the tenant either knew that illegal drug activity was taking place or deliberately shut their eyes to it (Terangi v Housing New Zealand Corporation, DC Porirua CIV-2010-091-000110, 28 June 2010).
Where a party has committed an unlawful act intentionally, the Tribunal may award exemplary damages where it is satisfied 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. See section 109(3) Residential Tenancies Act 1986.
Bearing in mind the factors mentioned above and in particular, the considerable financial detrimental effects on the landlord, and the high public interest in ensuring rental properties are not used for illegal drug activities, I consider it ‘just’ to make an award of $1000.00 exemplary damages.
As the landlord has substantially succeeded with the claim, the tenant must reimburse 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 4682169 — net $1,635.65 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears to 26 August 2023	$285.75	Rent arrears to 26 August 2023
Cleaning	$700.00	Cleaning
Water rates	$21.39	Water rates
Repairs: walls, ceilings	$639.29	Repairs: walls, ceilings
Replace furnishings: carpets	$550.00	Replace furnishings: carpets
Door stops	$61.78	Door stops
Lawns and garden work	$677.00	Lawns and garden work
Exemplary damages: unlawful purpose	$1,000.00	unlawful purpose
Filing fee reimbursement	$20.44	Filing fee reimbursement
Net award	$1,635.65
Total payable by Tenant to Landlord	$1,635.65

Claims and awards for application 4682169 — net $1,635.65 NZD. Verify on MoJ.

Rent arrears to 26 August 2023

Amount: $285.75
Awarded to: Landlord
Reason: Rent arrears to 26 August 2023

Cleaning

Amount: $700.00
Awarded to: Landlord
Reason: Cleaning

Water rates

Amount: $21.39
Awarded to: Landlord
Reason: Water rates

Repairs: walls, ceilings

Amount: $639.29
Awarded to: Landlord
Reason: Repairs: walls, ceilings

Replace furnishings: carpets

Amount: $550.00
Awarded to: Landlord
Reason: Replace furnishings: carpets

Claim types — money lines allowed on this order

Cleanliness Exemplary damages Filing Fee Lawns And Garden Work Rent arrears Property damage Water Rates

Order

Michelle Lynette Pope must pay Eves Realty Limited As Agent For David Salmon & Marianne Salmon $1,635.65 immediately, calculated as shown in table below.
The Bond Centre is to pay the bond of $2,320.00 (5613245-002) to Eves Realty Limited As Agent For David Salmon & Marianne Salmon immediately.

Reasons

The landlord attended the hearing. The tenant did not appear.
The landlord has applied for rent arrears, compensation, exemplary damages, refund of the bond, and reimbursement of the filing fee following the end of the tenancy.

How much is owed for rent and water rates?

The tenancy ended on 26 August 2024. The landlord provided rent records and a water rates invoice which prove the amount owing 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 the garden required substantial work to return it to a reasonable standard.
The bedroom doorstops were missing at the end of the tenancy.
The landlord says the tenant did not return the garage remotes but as no receipts/invoice/estimate has been provided to prove the loss, this part of the claim is dismissed.
The landlord sought compensation for a missing fly screen but again nor receipts/invoices/estimates were provided, so this part of the claim is dismissed.
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 carpet in the master bedroom and hallway, and damage to walls and ceilings. This is more than fair wear and tear, and the tenant has not disproved liability for the careless damage.
However, the carpet was at least 15 years old and likely close to the end of its estimated useful life. I award the insurance excess of $550.00 to acknowledge the damage caused by the tenant and the fact that carpet had some residual value.
Similarly, painted walls in a rental property have only an estimated useful life of around 5 years. I award the cost of the paint for the walls and ceilings only as fair, reasonable and proportionate compensation.
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.

Did the tenant use or permit the premises to be used for an unlawful purpose?

Eves Realty Limited As Agent For David Salmon & Marianne Salmon claims the tenant has used the premises unlawfully, by permitting the use of methamphetamine on the premises. The landlord relies on an in-going test which records no trace of methamphetamine, and an out-going composite test which records a theoretical maximum of 1.44ug/100cm2. The landlord has also provided an email from the tenant wherein the tenant acknowledges her suspicions about her former partner who lived in the premises for 10 months.
A tenant must not use the premises or permit the premises to be used for an unlawful purpose. See section 40(2)(b) Residential Tenancies Act 1986.
Breaching this obligation is an unlawful act for which exemplary damages may be awarded up to a maximum of $1,800.00. See section 40(3A)(c) and Schedule 1A Residential Tenancies Act 1986.
Any use or possession of a Class A drug is unlawful and may be subject to a period of 6 months imprisonment (sections 3A, 7(1)(a) & (2)(a) and Schedule 1 Misuse of Drugs Act 1975).
I am satisfied that the tenant permitted the premises to be used for an unlawful purpose. Tenants are responsible for anything done or omitted to be done by any person who is in the premises with the tenant’s permission if the act or omission would have constituted a breach of the tenancy agreement had it been the act or omission of the tenant (section 41(1) RTA). I find it more likely than not that the tenant either knew that illegal drug activity was taking place or deliberately shut their eyes to it (Terangi v Housing New Zealand Corporation, DC Porirua CIV-2010-091-000110, 28 June 2010).
Where a party has committed an unlawful act intentionally, the Tribunal may award exemplary damages where it is satisfied 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. See section 109(3) Residential Tenancies Act 1986.
Bearing in mind the factors mentioned above and in particular, the considerable financial detrimental effects on the landlord, and the high public interest in ensuring rental properties are not used for illegal drug activities, I consider it ‘just’ to make an award of $1000.00 exemplary damages.
As the landlord has substantially succeeded with the claim, the tenant must reimburse the filing fee.

Tenancy Tribunal case 4682169 — Exemplary damages at 157 Koutunui Road, Athenree, RD 1, Waihi Beach 3177

At a glance

Tenancy Tribunal case 4682169 — Exemplary damages at 157 Koutunui Road, Athenree, RD 1, Waihi Beach 3177

At a glance

Award balance

Claims & awards

Order

Reasons

How much is owed for rent and water rates?

Did the tenant comply with their obligations at the end of the tenancy?

Is the tenant responsible for the damage to the premises?

Did the tenant use or permit the premises to be used for an unlawful purpose?

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 and water rates?

Did the tenant comply with their obligations at the end of the tenancy?

Is the tenant responsible for the damage to the premises?

Did the tenant use or permit the premises to be used for an unlawful purpose?

Topics & place

Residential Tenancies Act sections

Key findings

Property management

Frequently asked questions