How much money was awarded in case 4699370?

Curtains: $187.00 awarded to landlord; Filing Fee: $20.44 awarded to landlord; Lost Rent: $600.00 awarded to landlord; Property Damage: $3,191.00 awarded to landlord; Property Damage: $735.00 awarded to landlord; Rent Arrears: $3,300.00 awarded to landlord

What type of tenancy dispute was case 4699370?

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

Where can I read the official tribunal order for case 4699370?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/9603981-Tribunal_Order.pdf.

How much money was awarded in case 4699370?

Curtains: $187.00 awarded to landlord; Filing Fee: $20.44 awarded to landlord; Lost Rent: $600.00 awarded to landlord; Property Damage: $3,191.00 awarded to landlord; Property Damage: $735.00 awarded to landlord; Rent Arrears: $3,300.00 awarded to landlord

What type of tenancy dispute was case 4699370?

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

Where can I read the official tribunal order for case 4699370?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/9603981-Tribunal_Order.pdf.

26B Taharangi Street, Koutu, Rotorua 3010 Tenancy Tribunal Case 4699370 — Property damage

Q: What was the outcome of Tenancy Tribunal case 4699370?

The tribunal order states: Rebecca Skipwith must pay Nicholas Turner And Kirsty Turner As Trustees For

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Order

Claims and awards in Tenancy Tribunal application 4699370 — net $7,553.44 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears	$3,300.00	Rent arrears
Repairs	$3,191.00	Repairs
Carpet replacement	$735.00	Carpet replacement
Curtains	$187.00	Curtains
Lost rent	$600.00	Lost rent
Filing fee reimbursement	$20.44	Filing fee reimbursement
Net award	$7,553.44
Total payable by Tenant to Landlord	$7,553.44

Rebecca Skipwith must pay Nicholas Turner And Kirsty Turner As Trustees For Wakatiwai Trust $7,553.44 immediately, calculated as shown in table below.

The Bond Centre is to pay the bond of $480.00 to Nicholas Turner And Kirsty Turner As Trustees For Wakatiwai Trust immediately.

The landlord may dispose of any remaining goods left at the premises by the tenant as the landlord sees fit.

This order amends and replaces previous Tribunal order dated 2 November 2023 under application 4699370.

Reasons

This order amends and replaces the previous Tribunal order dated 2 November 2023 under application 4699370 to reflect the correct amount of bond monies held with the Bond Centre.

Both parties attended the hearing. Ms Skipworth mistakenly believed the hearing was by teleconference and not in person. Ms Skipworth joined the hearing by teleconference around 30 minutes in, and she was heard on all matters.

The landlord has applied for rent arrears, compensation, disposal of goods, lost rent, refund of the bond, and reimbursement of the filing fee following the end of the tenancy.

How much is owed for rent?

The tenancy ended on 4 October 2023. The landlord provided rent records which prove the amount owing at the end of the tenancy.

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: 7 doors damaged beyond repair, new vanity sink was badly cracked and had to be replaced, carpet in bedroom had multiple stains which could not be removed by cleaning, curtains in the lounge were shredded and badly stained, and there was some damage to the exterior cladding which was not repaired to a reasonable standard. The damage is more than fair wear and tear, and the tenant has not disproved liability for the damage. The tenant says that some doors had pre-existing damage, but she was unable to provide any evidence in support. There is no dispute the landlord renovated the premises before this tenancy and painted all doors therefore I find it unlikely he would have painted over existing damage. The amounts ordered are proved. Disposal of goods

The landlord has applied for the disposal of goods the tenant left at the premises at the end of the tenancy.

The tenant agrees she left a trampoline and says the new tenant wants to keep it.

I am satisfied the value of the goods is below the cost of storing, transporting, and selling them. Therefore, the landlord may dispose of the goods as he sees fit. See sections 62(3)(b), 62B(2) and (3) Residential Tenancies Act 1986. Lost rent

The landlord also sought 2 weeks lost rent while the repairs were being done.

A tenant is not required to leave premises in such a condition that a new tenant can move in straight away. A realistic landlord’s business plan should, therefore, include an allowance for some loss of rent between tenancies, particularly where a tenancy has lasted for some time. This tenancy lasted approximately 4.5 years.

I accept the landlord’s evidence that there was a delay in renting out the premises as the damage was fairly extensive and it did take some time to remedy. The landlord has provided a copy of the tenancy agreement for the new tenant which shows her tenancy started on 20 October so there was a gap of just over 2 weeks between the tenancies.

Weighing the relative merits and justice, I find it fair and reasonable to award one week of lost rent for the repairs. Filing fee

As the landlord has substantially succeeded with the claim, the tenant must reimburse the filing fee.

Order

Claims and awards in Tenancy Tribunal application 4699370 — net $7,553.44 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears	$3,300.00	Rent arrears
Repairs	$3,191.00	Repairs
Carpet replacement	$735.00	Carpet replacement
Curtains	$187.00	Curtains
Lost rent	$600.00	Lost rent
Filing fee reimbursement	$20.44	Filing fee reimbursement
Net award	$7,553.44
Total payable by Tenant to Landlord	$7,553.44

Rebecca Skipwith must pay Nicholas Turner And Kirsty Turner As Trustees For Wakatiwai Trust $7,553.44 immediately, calculated as shown in table below.

The Bond Centre is to pay the bond of $480.00 to Nicholas Turner And Kirsty Turner As Trustees For Wakatiwai Trust immediately.

The landlord may dispose of any remaining goods left at the premises by the tenant as the landlord sees fit.

This order amends and replaces previous Tribunal order dated 2 November 2023 under application 4699370.

Reasons

This order amends and replaces the previous Tribunal order dated 2 November 2023 under application 4699370 to reflect the correct amount of bond monies held with the Bond Centre.

The landlord has applied for rent arrears, compensation, disposal of goods, lost rent, refund of the bond, and reimbursement of the filing fee following the end of the tenancy.

How much is owed for rent?

The tenancy ended on 4 October 2023. The landlord provided rent records which prove the amount owing at the end of the tenancy.

Is the tenant responsible for the damage to the premises?

The landlord has applied for the disposal of goods the tenant left at the premises at the end of the tenancy.

The tenant agrees she left a trampoline and says the new tenant wants to keep it.

The landlord also sought 2 weeks lost rent while the repairs were being done.

Weighing the relative merits and justice, I find it fair and reasonable to award one week of lost rent for the repairs. Filing fee

As the landlord has substantially succeeded with the claim, the tenant must reimburse the filing fee.

Tenancy Tribunal case 4699370 — Property damage at 26B Taharangi Street, Koutu, Rotorua 3010

At a glance

Tenancy Tribunal case 4699370 — Property damage at 26B Taharangi Street, Koutu, Rotorua 3010

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