What was the outcome of Tenancy Tribunal case 4688411?

The tribunal order states: Ashleigh Day to pay Barfoot & Thompson Limited Acting Agent For Susan

How much money was awarded in case 4688411?

Filing Fee: $20.44 awarded to landlord; Property Damage: $317.73 awarded to landlord; Rent Arrears: $540.00 awarded to landlord; Carpet: $442.75 awarded to landlord; Water Rates: $155.52 awarded to landlord; Window Tint: $160.00 awarded to landlord

What type of tenancy dispute was case 4688411?

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

Where can I read the official tribunal order for case 4688411?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/9967031-Tenancy_Tribunal_Order.pdf.

What was the outcome of Tenancy Tribunal case 4688411?

The tribunal order states: Ashleigh Day to pay Barfoot & Thompson Limited Acting Agent For Susan

How much money was awarded in case 4688411?

Filing Fee: $20.44 awarded to landlord; Property Damage: $317.73 awarded to landlord; Rent Arrears: $540.00 awarded to landlord; Carpet: $442.75 awarded to landlord; Water Rates: $155.52 awarded to landlord; Window Tint: $160.00 awarded to landlord

What type of tenancy dispute was case 4688411?

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

Where can I read the official tribunal order for case 4688411?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/9967031-Tenancy_Tribunal_Order.pdf.

Unit/Flat 2, 18 Gloria Avenue, Te Atatu Peninsula, Auckland Tenancy Tribunal Case 4688411 — Property damage

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Order

Claims and awards in Tenancy Tribunal application 4688411 — net $1,636.44 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears to 22 August 2023	$540.00	Rent arrears to 22 August 2023
Water rates	$155.52	Water rates
Repairs: Carpet	$442.75	Repairs: Carpet
Window repairs	$317.73	Window repairs
Window tint	$160.00	Window tint
Filing fee reimbursement	$20.44	Filing fee reimbursement
Net award	$1,636.44
Bond	$2,520.00
Total payable by Tenant to Landlord	$1,636.44

Ashleigh Day to pay Barfoot & Thompson Limited Acting Agent For Susan Smith $1,636.44 from the bond, calculated as shown in table below.

The Bond Centre is to pay the bond of $2,520.00 (3282721-010) immediately apportioned as follows: Barfoot & Thompson Limited Acting Agent For Susan Smith: $1,636.44 Ashleigh Day: $883.56

Reasons

Both parties attended the hearing. The tenant attended the hearing by telephone.

The tenant has applied for refund of her bond.

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 and water rates?

The tenancy ended on 22 August 2023. The landlord provided rent records and water rates invoices which prove the amount owing at the end of the tenancy.

The tenant disputed the last payment for rent. She says that a payment was made on 14 August 2023, but the rent summary states that the last payment was 7 August 2023. The tenant produced an email from Work and Income New Zealand (WINZ) which states that the redirection was cancelled on 15 August 2023. The tenant says that this means a payment was made on 14 August 2023 before cancellation. However, the email does not state this. The tenant may be able to obtain better information from WINZ but unfortunately, I do not have that before me. Therefore, the amount sought by the landlord is ordered.

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 careless, and occurs after 27 August 2019, section 49B RTA applies. If the landlord becomes aware of the damage after 27 August, the damage is presumed to have occurred after that date unless the tenant proves otherwise.

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: carpet stains, broken window, damaged glass tint. The damage is more than fair wear and tear, and the tenant has not disproved liability for the damage.

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.

The landlord had applied in respect of a damaged heater, but that claim was withdrawn.

Because Barfoot & Thompson Limited Acting Agent For Susan Smith has substantially succeeded with the claim I have reimbursed the filing fee.

Order

Claims and awards in Tenancy Tribunal application 4688411 — net $1,636.44 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears to 22 August 2023	$540.00	Rent arrears to 22 August 2023
Water rates	$155.52	Water rates
Repairs: Carpet	$442.75	Repairs: Carpet
Window repairs	$317.73	Window repairs
Window tint	$160.00	Window tint
Filing fee reimbursement	$20.44	Filing fee reimbursement
Net award	$1,636.44
Bond	$2,520.00
Total payable by Tenant to Landlord	$1,636.44

Ashleigh Day to pay Barfoot & Thompson Limited Acting Agent For Susan Smith $1,636.44 from the bond, calculated as shown in table below.

The Bond Centre is to pay the bond of $2,520.00 (3282721-010) immediately apportioned as follows: Barfoot & Thompson Limited Acting Agent For Susan Smith: $1,636.44 Ashleigh Day: $883.56

Reasons

Both parties attended the hearing. The tenant attended the hearing by telephone.

The tenant has applied for refund of her bond.

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 and water rates?

The tenancy ended on 22 August 2023. The landlord provided rent records and water rates invoices which prove the amount owing at the end of the tenancy.

Is the tenant responsible for the damage to the premises?

The amounts ordered are proved.

The landlord had applied in respect of a damaged heater, but that claim was withdrawn.

Because Barfoot & Thompson Limited Acting Agent For Susan Smith has substantially succeeded with the claim I have reimbursed the filing fee.

Tenancy Tribunal case 4688411 — Property damage at Unit/Flat 2, 18 Gloria Avenue, Te Atatu Peninsula, Auckland

At a glance

Tenancy Tribunal case 4688411 — Property damage at Unit/Flat 2, 18 Gloria Avenue, Te Atatu Peninsula, Auckland

At a glance

Award balance

Claims & awards

Order

Reasons

How much is owed for rent and water rates?

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 and water rates?

Is the tenant responsible for the damage to the premises?

Topics & place

Residential Tenancies Act sections

Key findings

Property management

Frequently asked questions