What was the outcome of Tenancy Tribunal case 4693969?

The tribunal order states: Destiny Hinetu Taia must pay Irelands Real Estate Limited as agent for Darryl

How much money was awarded in case 4693969?

Filing Fee: $20.44 awarded to landlord; Lawns and Garden Work: $50.00 awarded to landlord; Property Damage: $3,000.00 awarded to landlord; Property Damage: $336.38 awarded to landlord; Replace Red And Yellow Recycling Bin…: $252.00 awarded to landlord; Rubbish Removal: $150.00 awarded to landlord

What type of tenancy dispute was case 4693969?

The primary dispute was Property damage.

Where can I read the official tribunal order for case 4693969?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/9841459-Tribunal_Order.pdf.

What was the outcome of Tenancy Tribunal case 4693969?

The tribunal order states: Destiny Hinetu Taia must pay Irelands Real Estate Limited as agent for Darryl

How much money was awarded in case 4693969?

Filing Fee: $20.44 awarded to landlord; Lawns and Garden Work: $50.00 awarded to landlord; Property Damage: $3,000.00 awarded to landlord; Property Damage: $336.38 awarded to landlord; Replace Red And Yellow Recycling Bin…: $252.00 awarded to landlord; Rubbish Removal: $150.00 awarded to landlord

What type of tenancy dispute was case 4693969?

The primary dispute was Property damage.

Where can I read the official tribunal order for case 4693969?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/9841459-Tribunal_Order.pdf.

515A Worcester Street, Linwood, Christchurch 8011 Tenancy Tribunal Case 4693969 — Property damage

Reasons

Claims and awards in Tenancy Tribunal application 4693969 — net $3,808.82 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Repair damage caused by methamphetamine (insurance excess	$3,000.00	Repair damage caused by methamphetamine (insurance excess
Garden work	$50.00	Garden work
Rubbish removal	$150.00	Rubbish removal
Repairs to walls in lounge, kitchen, and bedroom	$336.38	Repairs to walls in lounge, kitchen, and bedroom
Replace red and yellow recycling bins	$252.00	Replace red and yellow recycling bins
Filing fee reimbursement	$20.44	Filing fee reimbursement
Net award	$3,808.82
Total payable by Tenant to Landlord	$3,808.82

Ms Harding and Ms Oquist attended the hearing for the landlord. The tenant did not attend.

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

The landlord has received the bond which equated to the amount of a claim for rent arrears, now withdrawn.

I am satisfied that the tenant provided her address for service to the landlord within 2 months of the date of the application being filed.

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 (RTA).

The tenant did not leave the lawns and gardens reasonably tidy and did not remove all rubbish.

The red and yellow recycling bins were missing at the end of the tenancy.

The amounts ordered are proved by invoices and photos and by the evidence given by the landlord’s representatives at the hearing.

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. There was damage to walls in the lounge and kitchen and in a bedroom.

The tenant used or permitted the use of methamphetamine at the premises. Levels in excess of 15μg/100cm² were confirmed by laboratory testing in the garage and hallway. The Tribunal requires contamination at that level or higher level before finding that the premises were damaged (not to the lower standard on 1.5μg/100cm²) mentioned in the decontamination report produced in evidence.

The owner’s insurer accepted the claim for damage caused by the use of methamphetamine. I have awarded the landlord the excess charged by the insurer.

The amounts ordered are proved by invoices, photos, reports and by the evidence the landlord’s representatives gave at the hearing.

As the application is successful, the tenant must pay the landlord’s Tribunal filing fee.

The landlord did not seek a name suppression order.

Claims and awards in Tenancy Tribunal application 4693969 — net $3,808.82 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Repair damage caused by methamphetamine (insurance excess	$3,000.00	Repair damage caused by methamphetamine (insurance excess
Garden work	$50.00	Garden work
Rubbish removal	$150.00	Rubbish removal
Repairs to walls in lounge, kitchen, and bedroom	$336.38	Repairs to walls in lounge, kitchen, and bedroom
Replace red and yellow recycling bins	$252.00	Replace red and yellow recycling bins
Filing fee reimbursement	$20.44	Filing fee reimbursement
Net award	$3,808.82
Total payable by Tenant to Landlord	$3,808.82

Order

Destiny Hinetu Taia must pay Irelands Real Estate Limited as agent for Darryl Mann $3,808.82 immediately, calculated as shown in table below:

Reasons

Ms Harding and Ms Oquist attended the hearing for the landlord. The tenant did not attend.
The landlord has applied for compensation and reimbursement of the filing fee following the end of the tenancy.
The landlord has received the bond which equated to the amount of a claim for rent arrears, now withdrawn.
I am satisfied that the tenant provided her address for service to the landlord within 2 months of the date of the application being filed.

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 (RTA).
The tenant did not leave the lawns and gardens reasonably tidy and did not remove all rubbish.
The red and yellow recycling bins were missing at the end of the tenancy.
The amounts ordered are proved by invoices and photos and by the evidence given by the landlord’s representatives at the hearing.

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. There was damage to walls in the lounge and kitchen and in a bedroom.
The tenant used or permitted the use of methamphetamine at the premises. Levels in excess of 15μg/100cm² were confirmed by laboratory testing in the garage and hallway. The Tribunal requires contamination at that level or higher level before finding that the premises were damaged (not to the lower standard on 1.5μg/100cm²) mentioned in the decontamination report produced in evidence.
The owner’s insurer accepted the claim for damage caused by the use of methamphetamine. I have awarded the landlord the excess charged by the insurer.
The amounts ordered are proved by invoices, photos, reports and by the evidence the landlord’s representatives gave at the hearing.
As the application is successful, the tenant must pay the landlord’s Tribunal filing fee.
The landlord did not seek a name suppression order.

Tenancy Tribunal case 4693969 — Property damage at 515A Worcester Street, Linwood, Christchurch 8011

At a glance

Tenancy Tribunal case 4693969 — Property damage at 515A Worcester Street, Linwood, Christchurch 8011

At a glance

Award balance

Claims & awards

Order

Reasons

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

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

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

Is the tenant responsible for the damage to the premises?

Topics & place

Residential Tenancies Act sections

Key findings

Property management

Frequently asked questions