What was the outcome of Tenancy Tribunal case 4698971?

The tribunal order states: Stacie Bewley and Jacinda Morton must pay Oxygen.Co.Nz Limited As Agent

How much money was awarded in case 4698971?

Electrical Callout Fee: $125.35 awarded to landlord; Excess To Replace Bench Top: $1,000.00 awarded to landlord; Filing Fee: $20.44 awarded to landlord; Filing Fee: $20.44 awarded to landlord; Rent Arrears: $2,817.14 awarded to landlord

What type of tenancy dispute was case 4698971?

The primary dispute was Rent arrears.

Where can I read the official tribunal order for case 4698971?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/9932654-Tenancy_Tribunal_Order.pdf.

What was the outcome of Tenancy Tribunal case 4698971?

The tribunal order states: Stacie Bewley and Jacinda Morton must pay Oxygen.Co.Nz Limited As Agent

How much money was awarded in case 4698971?

Electrical Callout Fee: $125.35 awarded to landlord; Excess To Replace Bench Top: $1,000.00 awarded to landlord; Filing Fee: $20.44 awarded to landlord; Filing Fee: $20.44 awarded to landlord; Rent Arrears: $2,817.14 awarded to landlord

What type of tenancy dispute was case 4698971?

The primary dispute was Rent arrears.

Where can I read the official tribunal order for case 4698971?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/9932654-Tenancy_Tribunal_Order.pdf.

60 Delaney Drive, Stokes Valley, Lower Hutt 5019 Tenancy Tribunal Case 4698971 — Rent arrears

Order

Claims and awards in Tenancy Tribunal application 4698971 — net $1,663.36 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears to 30.8.23	$2,817.14	Rent arrears to 30.8.23
Excess to replace bench top	$1,000.00	Excess to replace bench top
Electrical callout fee	$125.35	Electrical callout fee
Filing fee reimbursement in Mediator’s order under application 4632373	$20.44	Filing fee reimbursement in Mediator’s order under application 4632373
Filing fee reimbursement on this application	$20.44	Filing fee reimbursement on this application
Net award	$1,663.36
Total payable by Tenant to Landlord	$1,663.36

Stacie Bewley and Jacinda Morton must pay Oxygen.Co.Nz Limited As Agent For The Poppets House Limited $1,663.36 immediately, calculated as shown in the table below.

The Bond Centre is to pay the bond of $2,320.00 (3243545-018) to Oxygen.Co.Nz Limited As Agent For The Poppets House Limited immediately.

The claim for the insurance excess of $1,000 to cover floor damage is dismissed.

This order incorporates the Tribunal Mediator’s order made on 3 August 2023 under application 4632373.

Reasons

Both parties attended the hearing. Ms Romijn and Ms Ellis represented the landlord. The tenant was represented by Ms Martin and her mother, Ms Morton, who also signed the tenancy agreement for the premises as guarantor.

The landlord has applied for rent arrears, compensation, refund of the bond, and reimbursement of the filing fee following the end of the tenancy. The tenant has filed a cross application, but it does not raise claims against the landlord and simply disputes the landlord’s claims.

How much is owed for rent?

The tenancy ended on 30 August 2023. The landlord provided rent records which prove the amount owing at the end of the tenancy. Is the tenant responsible for the electrician’s callout fee?

In or about July 2023, Ms Morton advised the landlord that the tenant had no power. The landlord advised Ms Morton to try pressing various switches on the circuit board which did not resolve the issue. The landlord then sent an electrician who concluded that there was an RCD tripping fault caused by the tenant’s faulty microwave as the trip only occurred when the microwave was plugged into the socket. Ms Morton says the tenant subsequently experienced the same issue again when plugging the refrigerator into the same socket, which proves the microwave was not faulty. She says they reported this to the landlord orally. The landlord says they were never advised of the problem and there is no evidence of written notification. Therefore, the landlord believes the tenant’s microwave was faulty and she should pay the electrician’s callout fee.

I am satisfied on the evidence of the electrician’s invoice that the problem with the power was caused by the tenant’s faulty microwave and the tenant is liable for the cost.

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.

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. Damages claims

I am satisfied that burn marks and scratches on the kitchen/laundry bench top were caused during the tenancy. The damage is more than fair wear and tear, and the tenant has not disproved liability for the damage.

The cost to replace the bench exceeded the applicable insurance excess of $1,000. Therefore, the excess is awarded.

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 bench, which was installed new shortly before the tenancy started, and its likely useful lifespan. I consider no reduction for depreciation is justified.

The landlord also claimed that the tenant damaged the vinyl flooring during the tenancy. However, the landlord presented no evidence as to the applicable repair or replacement costs. Therefore, the claim for the insurance excess of $1,000 must be dismissed for lack of evidence.

As the landlord has mostly succeeded with their claims, they are entitled to reimbursement of the filing fee on the application. Previous Mediator’s Order

The parties agreed to a mediated order under a previous application 4632373 which included orders for payment of rent arrears and the filing fee on that application. The previous order is incorporated into this order for enforcement purposes.

Claims and awards in Tenancy Tribunal application 4698971 — net $1,663.36 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears to 30.8.23	$2,817.14	Rent arrears to 30.8.23
Excess to replace bench top	$1,000.00	Excess to replace bench top
Electrical callout fee	$125.35	Electrical callout fee
Filing fee reimbursement in Mediator’s order under application 4632373	$20.44	Filing fee reimbursement in Mediator’s order under application 4632373
Filing fee reimbursement on this application	$20.44	Filing fee reimbursement on this application
Net award	$1,663.36
Total payable by Tenant to Landlord	$1,663.36

Order

Stacie Bewley and Jacinda Morton must pay Oxygen.Co.Nz Limited As Agent For The Poppets House Limited $1,663.36 immediately, calculated as shown in the table below.
The Bond Centre is to pay the bond of $2,320.00 (3243545-018) to Oxygen.Co.Nz Limited As Agent For The Poppets House Limited immediately.
The claim for the insurance excess of $1,000 to cover floor damage is dismissed.
This order incorporates the Tribunal Mediator’s order made on 3 August 2023 under application 4632373.

Reasons

Both parties attended the hearing. Ms Romijn and Ms Ellis represented the landlord. The tenant was represented by Ms Martin and her mother, Ms Morton, who also signed the tenancy agreement for the premises as guarantor.
The landlord has applied for rent arrears, compensation, refund of the bond, and reimbursement of the filing fee following the end of the tenancy. The tenant has filed a cross application, but it does not raise claims against the landlord and simply disputes the landlord’s claims.

How much is owed for rent?

The tenancy ended on 30 August 2023. The landlord provided rent records which prove the amount owing at the end of the tenancy. Is the tenant responsible for the electrician’s callout fee?
In or about July 2023, Ms Morton advised the landlord that the tenant had no power. The landlord advised Ms Morton to try pressing various switches on the circuit board which did not resolve the issue. The landlord then sent an electrician who concluded that there was an RCD tripping fault caused by the tenant’s faulty microwave as the trip only occurred when the microwave was plugged into the socket. Ms Morton says the tenant subsequently experienced the same issue again when plugging the refrigerator into the same socket, which proves the microwave was not faulty. She says they reported this to the landlord orally. The landlord says they were never advised of the problem and there is no evidence of written notification. Therefore, the landlord believes the tenant’s microwave was faulty and she should pay the electrician’s callout fee.
I am satisfied on the evidence of the electrician’s invoice that the problem with the power was caused by the tenant’s faulty microwave and the tenant is liable for the cost.

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.
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. Damages claims
I am satisfied that burn marks and scratches on the kitchen/laundry bench top were caused during the tenancy. The damage is more than fair wear and tear, and the tenant has not disproved liability for the damage.
The cost to replace the bench exceeded the applicable insurance excess of $1,000. Therefore, the excess is awarded.
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 bench, which was installed new shortly before the tenancy started, and its likely useful lifespan. I consider no reduction for depreciation is justified.
The landlord also claimed that the tenant damaged the vinyl flooring during the tenancy. However, the landlord presented no evidence as to the applicable repair or replacement costs. Therefore, the claim for the insurance excess of $1,000 must be dismissed for lack of evidence.
As the landlord has mostly succeeded with their claims, they are entitled to reimbursement of the filing fee on the application. Previous Mediator’s Order
The parties agreed to a mediated order under a previous application 4632373 which included orders for payment of rent arrears and the filing fee on that application. The previous order is incorporated into this order for enforcement purposes.

Tenancy Tribunal case 4698971 — Rent arrears at 60 Delaney Drive, Stokes Valley, Lower Hutt 5019

At a glance

Tenancy Tribunal case 4698971 — Rent arrears at 60 Delaney Drive, Stokes Valley, Lower Hutt 5019

At a glance

Award balance

Claims & awards

Order

Reasons

How much is owed for rent?

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?

Is the tenant responsible for the damage to the premises?

Topics & place

Residential Tenancies Act sections

Key findings

Property management

Frequently asked questions