What was the outcome of Tenancy Tribunal case 4772119?

The tribunal order states: Ricky Stephen Hand must pay Damon Mark Bunting and Loren Milmine

How much money was awarded in case 4772119?

Broken Window Latches: $213.54 awarded to landlord; Cleaning: $200.00 awarded to landlord; Coat Rack: $29.00 awarded to landlord; Filing Fee: $20.44 awarded to landlord; Filing Fee: $20.44 awarded to landlord; Loss Of Rent: $500.00 awarded to landlord; Property Damage: $2,193.31 awarded to landlord; Property Damage: $793.86 awarded to landlord; Property Damage: $800.00 awarded to landlord; Property Damage: $930.00 awarded to landlord; Property Damage: $327.75 awarded to landlord; Property Damage: $862.50 awarded to landlord; Rent Arrears: $1,050.00 awarded to landlord; Rubish Removal: $201.85 awarded to landlord

What type of tenancy dispute was case 4772119?

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

Where can I read the official tribunal order for case 4772119?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/10286641-Tenancy_Tribunal_Order.pdf.

What was the outcome of Tenancy Tribunal case 4772119?

The tribunal order states: Ricky Stephen Hand must pay Damon Mark Bunting and Loren Milmine

How much money was awarded in case 4772119?

Broken Window Latches: $213.54 awarded to landlord; Cleaning: $200.00 awarded to landlord; Coat Rack: $29.00 awarded to landlord; Filing Fee: $20.44 awarded to landlord; Filing Fee: $20.44 awarded to landlord; Loss Of Rent: $500.00 awarded to landlord; Property Damage: $2,193.31 awarded to landlord; Property Damage: $793.86 awarded to landlord; Property Damage: $800.00 awarded to landlord; Property Damage: $930.00 awarded to landlord; Property Damage: $327.75 awarded to landlord; Property Damage: $862.50 awarded to landlord; Rent Arrears: $1,050.00 awarded to landlord; Rubish Removal: $201.85 awarded to landlord

What type of tenancy dispute was case 4772119?

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

Where can I read the official tribunal order for case 4772119?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/10286641-Tenancy_Tribunal_Order.pdf.

310A Lake Terrace Road, Shirley, Christchurch 8061 Tenancy Tribunal Case 4772119 — Property damage

Reasons

Claims and awards in Tenancy Tribunal application 4772119 — net $6,342.69 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears to 4 November 2023	$1,050.00	Rent arrears to 4 November 2023
Filing fee application 4598035	$20.44	Filing fee application 4598035
Carpet replacement	$2,193.31	Carpet replacement
Painting (smoke damage	$793.86	Painting (smoke damage
Shower damage	$800.00	Shower damage
Curtain damage	$930.00	Curtain damage
Garage door frame damage	$327.75	Garage door frame damage
Garage lining damage	$862.50	Garage lining damage
Rubish removal	$201.85	Rubish removal
Broken window latches	$213.54	Broken window latches
Cleaning	$200.00	Cleaning
Coat rack	$29.00	Coat rack
Loss of rent	$500.00	Loss of rent
Filing fee reimbursement	$20.44	Filing fee reimbursement
Net award	$6,342.69
Total payable by Tenant to Landlord	$6,342.69

Mr Bunting attended the hearing for the landlords. The tenant did not attend.

The landlord has applied for rent arrears, compensation and reimbursement of the filing fee following the end of the tenancy. The landlord has received the bond in the sum of $1,800. Rent

The tenancy ended on 4 November 2023. The landlord provided rent records to prove the amount owing at the end of the tenancy. The true arrears were slightly more than the sum awarded but the landlord was content to limit the claim to the sum stated in the application.

I note that the Tribunal made a conditional termination order based on rent arrears on 30 June 2023 under application number 4598035. This order incorporates the remaining arrears under that order. The Tenant’s Other Obligations Law

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.

The tenant must not carelessly or intentionally damage 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.

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).

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).

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.

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.

I must consider betterment and depreciation where appropriate. 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 must consider the age and condition of the items at the start of the tenancy and their likely useful lifespan. Claims and Awards General

The landlords had filed a detailed breakdown of their claims which the tenant was sent before the hearing.

The sums claimed are a mixture of costs that the landlords have incurred, and compensation claimed for the landlords’ time spent on such things as removing rubbish left at the premises. There is also a claim for loss of rent for one week being the time that it took the landlords to complete the cleaning and repairs.

The landlords claimed for their time at $50 per hour. The Tribunal usually awards compensation for a landlord’s time at $25 per hour or thereabouts. I have awarded compensation as the rate of $25 per hour which has reduced the awards to some extent.

The landlords had insurance for damage to the premises with an excess of $550 per event. The only damage claims that exceed $550 relate to the carpet and the shower. Carpet in the living area, the hallway and the three bedrooms was damaged, and the insurers would have applied an excess to each of those areas. The sum awarded is less than five excesses and so insurance has no effect on the award.

I find that the shower damage, which likely occurred by someone hanging off the shower fitting, was intentional damage and so insurance is not a consideration.

I considered betterment in relation to the carpet claim. Because the carpet was installed in 2019 and was in good condition at the start of the tenancy, I have not made any deduction for betterment. Damage

There was damage to the carpet, the walls, the shower, the garage door frame, the lining of the garage walls and to curtains and blinds during the tenancy. The damage is more than fair wear and tear, and the tenant has not disproved liability for the damage.

A coat rack was missing from the premises at the end of the tenancy.

The carpet damage consisted of extensive stains that could not be removed by cleaning.

The walls were stained and gave off an unpleasant odour from cigarette smoke. Smoking in the premises was prohibited by the tenancy agreement.

The shower head had been pulled off the ceiling of the shower and a different shower head had been fixed to the wall.

The garage door had suffered impact damage.

The tenant had allowed rubbish to accumulate in the new garage which attracted vermin which gnawed the lining of the garage walls in places.

I was not satisfied that the insinkerator had stopped working due to any careless or intentional action by the tenant and so I have dismissed that claim. Other Claims

The premises were not left reasonably clean and tidy and there was rubbish left at the premises.

I have awarded rent for a week because I am satisfied that the landlord would have been able to relet the premises at least a week sooner than was the case if the tenant had complied his obligations. Amounts Awarded

The amounts ordered were proved by the production of photographs, quotes, invoices and by evidence from Mr Bunting. Filing Fee

The landlords have been substantially successful and so I have awarded the filing fee. Bond

The landlords have received the bond and so that has been credited against the total award.

Claims and awards in Tenancy Tribunal application 4772119 — net $6,342.69 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears to 4 November 2023	$1,050.00	Rent arrears to 4 November 2023
Filing fee application 4598035	$20.44	Filing fee application 4598035
Carpet replacement	$2,193.31	Carpet replacement
Painting (smoke damage	$793.86	Painting (smoke damage
Shower damage	$800.00	Shower damage
Curtain damage	$930.00	Curtain damage
Garage door frame damage	$327.75	Garage door frame damage
Garage lining damage	$862.50	Garage lining damage
Rubish removal	$201.85	Rubish removal
Broken window latches	$213.54	Broken window latches
Cleaning	$200.00	Cleaning
Coat rack	$29.00	Coat rack
Loss of rent	$500.00	Loss of rent
Filing fee reimbursement	$20.44	Filing fee reimbursement
Net award	$6,342.69
Total payable by Tenant to Landlord	$6,342.69

Order

Ricky Stephen Hand must pay Damon Mark Bunting and Loren Milmine $6,342.69 immediately, calculated as shown in the table below.
The claim for damage to the insinkerator is dismissed.

Reasons

Mr Bunting attended the hearing for the landlords. The tenant did not attend.
The landlord has applied for rent arrears, compensation and reimbursement of the filing fee following the end of the tenancy. The landlord has received the bond in the sum of $1,800. Rent
The tenancy ended on 4 November 2023. The landlord provided rent records to prove the amount owing at the end of the tenancy. The true arrears were slightly more than the sum awarded but the landlord was content to limit the claim to the sum stated in the application.
I note that the Tribunal made a conditional termination order based on rent arrears on 30 June 2023 under application number 4598035. This order incorporates the remaining arrears under that order. The Tenant’s Other Obligations Law
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.
The tenant must not carelessly or intentionally damage 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.
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).
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).
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.
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.
I must consider betterment and depreciation where appropriate. 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 must consider the age and condition of the items at the start of the tenancy and their likely useful lifespan. Claims and Awards General
The landlords had filed a detailed breakdown of their claims which the tenant was sent before the hearing.
The sums claimed are a mixture of costs that the landlords have incurred, and compensation claimed for the landlords’ time spent on such things as removing rubbish left at the premises. There is also a claim for loss of rent for one week being the time that it took the landlords to complete the cleaning and repairs.
The landlords claimed for their time at $50 per hour. The Tribunal usually awards compensation for a landlord’s time at $25 per hour or thereabouts. I have awarded compensation as the rate of $25 per hour which has reduced the awards to some extent.
The landlords had insurance for damage to the premises with an excess of $550 per event. The only damage claims that exceed $550 relate to the carpet and the shower. Carpet in the living area, the hallway and the three bedrooms was damaged, and the insurers would have applied an excess to each of those areas. The sum awarded is less than five excesses and so insurance has no effect on the award.
I find that the shower damage, which likely occurred by someone hanging off the shower fitting, was intentional damage and so insurance is not a consideration.
I considered betterment in relation to the carpet claim. Because the carpet was installed in 2019 and was in good condition at the start of the tenancy, I have not made any deduction for betterment. Damage
There was damage to the carpet, the walls, the shower, the garage door frame, the lining of the garage walls and to curtains and blinds during the tenancy. The damage is more than fair wear and tear, and the tenant has not disproved liability for the damage.
A coat rack was missing from the premises at the end of the tenancy.
The carpet damage consisted of extensive stains that could not be removed by cleaning.
The walls were stained and gave off an unpleasant odour from cigarette smoke. Smoking in the premises was prohibited by the tenancy agreement.
The shower head had been pulled off the ceiling of the shower and a different shower head had been fixed to the wall.
The garage door had suffered impact damage.
The tenant had allowed rubbish to accumulate in the new garage which attracted vermin which gnawed the lining of the garage walls in places.
I was not satisfied that the insinkerator had stopped working due to any careless or intentional action by the tenant and so I have dismissed that claim. Other Claims
The premises were not left reasonably clean and tidy and there was rubbish left at the premises.
I have awarded rent for a week because I am satisfied that the landlord would have been able to relet the premises at least a week sooner than was the case if the tenant had complied his obligations. Amounts Awarded
The amounts ordered were proved by the production of photographs, quotes, invoices and by evidence from Mr Bunting. Filing Fee
The landlords have been substantially successful and so I have awarded the filing fee. Bond
The landlords have received the bond and so that has been credited against the total award.

Tenancy Tribunal case 4772119 — Property damage at 310A Lake Terrace Road, Shirley, Christchurch 8061

At a glance

Tenancy Tribunal case 4772119 — Property damage at 310A Lake Terrace Road, Shirley, Christchurch 8061

At a glance

Award balance

Claims & awards

Order

Reasons

Topics & place

Residential Tenancies Act sections

Key findings

Frequently asked questions

Award balance

Claims & awards

Order

Reasons

Topics & place

Residential Tenancies Act sections

Key findings

Frequently asked questions