What was the outcome of Tenancy Tribunal case 4744549?

The tribunal order states: Lateesha Welsh and Allan-Thomas Hose-Taueki must pay [The landlord/s]

How much money was awarded in case 4744549?

Filing Fee: $20.44 awarded to landlord; Property Damage: $2,180.00 awarded to landlord; Property Damage: $2,180.00 awarded to landlord; Rent Arrears: $1,077.85 awarded to landlord; Replace Cracked Cook Top: $575.00 awarded to landlord; Rubbish Removal: $3,105.00 awarded to landlord; Unpaid Water Charges: $1,059.34 awarded to landlord

What type of tenancy dispute was case 4744549?

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

Where can I read the official tribunal order for case 4744549?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/9687598-Tenancy_Tribunal_Order.pdf.

What was the outcome of Tenancy Tribunal case 4744549?

The tribunal order states: Lateesha Welsh and Allan-Thomas Hose-Taueki must pay [The landlord/s]

How much money was awarded in case 4744549?

Filing Fee: $20.44 awarded to landlord; Property Damage: $2,180.00 awarded to landlord; Property Damage: $2,180.00 awarded to landlord; Rent Arrears: $1,077.85 awarded to landlord; Replace Cracked Cook Top: $575.00 awarded to landlord; Rubbish Removal: $3,105.00 awarded to landlord; Unpaid Water Charges: $1,059.34 awarded to landlord

What type of tenancy dispute was case 4744549?

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

Where can I read the official tribunal order for case 4744549?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/9687598-Tenancy_Tribunal_Order.pdf.

Papakura, Papakura Tenancy Tribunal Case 4744549 — Property damage

Reasons

Claims and awards in Tenancy Tribunal application 4744549 — net $10,197.63 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears to 15/11/2023	$1,077.85	Rent arrears to 15/11/2023
Unpaid water charges	$1,059.34	Unpaid water charges
Lawns, rubbish removal, repair of holes in walls and doors	$3,105.00	Lawns, rubbish removal, repair of holes in walls and doors
Repair damage to garage cladding & wall	$2,180.00	Repair damage to garage cladding & wall
Replace damaged tiles	$2,180.00	Replace damaged tiles
Replace cracked cook top	$575.00	Replace cracked cook top
Filing fee reimbursement	$20.44	Filing fee reimbursement
Net award	$10,197.63
Total payable by Tenant to Landlord	$10,197.63

The landlord attended the hearing which was held by teleconference. The tenants did not attend. The tenants were contacted several times on the contact numbers provided but the calls went unanswered. I am satisfied there has been adequate service of the hearing notice and proceeded to hear the matter in the absence of the tenants.

The landlord has applied for rent arrears, unpaid water charges compensation, 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 15 November 2023. The landlord provided rent records and water rates summary 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 tenants did not leave the premises reasonably clean and tidy, and did not remove all rubbish.

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 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 were holes in the walls and doors throughout the property, the tiles were damaged, the garage cladding and wall were damaged, and the cooktop was cracked. The damage is more than fair wear and tear, and the tenants have 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.

In relation to the garage cladding and wall damage, the damaged cooktop and tiles, the landlord claimed a total cost for repair of $6,449.20. While the tenancy agreement states the landlord does have insurance, it is unclear whether this has been pursued. Therefore pursuant to section 49B(4) of the RTA, the property is to be treated as uninsured. As such, the section 49B cap in this instance would be the equivalent of four weeks rent being $2,180.00 as compensation for repair of the garage cladding and wall damage and replacement of the damaged tiles. I allow the cost for the replacement of the damaged cook top in full, being $575.00 (including GST).

As the landlord has substantially succeeded with the claim, I consider it reasonable to order the other party to reimburse the filing fee and grant suppression of the landlord’s name and identifying details.

Claims and awards in Tenancy Tribunal application 4744549 — net $10,197.63 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears to 15/11/2023	$1,077.85	Rent arrears to 15/11/2023
Unpaid water charges	$1,059.34	Unpaid water charges
Lawns, rubbish removal, repair of holes in walls and doors	$3,105.00	Lawns, rubbish removal, repair of holes in walls and doors
Repair damage to garage cladding & wall	$2,180.00	Repair damage to garage cladding & wall
Replace damaged tiles	$2,180.00	Replace damaged tiles
Replace cracked cook top	$575.00	Replace cracked cook top
Filing fee reimbursement	$20.44	Filing fee reimbursement
Net award	$10,197.63
Total payable by Tenant to Landlord	$10,197.63

Order

Lateesha Welsh and Allan-Thomas Hose-Taueki must pay [The landlord/s] $10,197.63 immediately, calculated as shown in table below.

Reasons

The landlord attended the hearing which was held by teleconference. The tenants did not attend. The tenants were contacted several times on the contact numbers provided but the calls went unanswered. I am satisfied there has been adequate service of the hearing notice and proceeded to hear the matter in the absence of the tenants.
The landlord has applied for rent arrears, unpaid water charges compensation, 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 15 November 2023. The landlord provided rent records and water rates summary 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 tenants did not leave the premises reasonably clean and tidy, and did not remove all rubbish.
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 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 were holes in the walls and doors throughout the property, the tiles were damaged, the garage cladding and wall were damaged, and the cooktop was cracked. The damage is more than fair wear and tear, and the tenants have 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.
In relation to the garage cladding and wall damage, the damaged cooktop and tiles, the landlord claimed a total cost for repair of $6,449.20. While the tenancy agreement states the landlord does have insurance, it is unclear whether this has been pursued. Therefore pursuant to section 49B(4) of the RTA, the property is to be treated as uninsured. As such, the section 49B cap in this instance would be the equivalent of four weeks rent being $2,180.00 as compensation for repair of the garage cladding and wall damage and replacement of the damaged tiles. I allow the cost for the replacement of the damaged cook top in full, being $575.00 (including GST).
As the landlord has substantially succeeded with the claim, I consider it reasonable to order the other party to reimburse the filing fee and grant suppression of the landlord’s name and identifying details.

Tenancy Tribunal case 4744549 — Property damage in Papakura, Papakura

At a glance

Tenancy Tribunal case 4744549 — Property damage in Papakura, Papakura

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?

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?

Topics & place

Residential Tenancies Act sections

Key findings

Property management

Frequently asked questions