What was the outcome of Tenancy Tribunal case 4797580?

The tribunal order states: Kevin Michael Barrett must pay Property Brokers Limited As Agent For Helen

How much money was awarded in case 4797580?

Ceiling Entrance Way: $500.00 awarded to landlord; Dining Room Insurance: $500.00 awarded to landlord; Filing Fee: $40.88 awarded to landlord; Property Damage: $500.00 awarded to landlord; Property Damage: $479.50 awarded to landlord; Property Damage: $500.00 awarded to landlord; Property Damage: $550.00 awarded to landlord; Property Damage: $1,500.00 awarded to landlord; Property Damage: $500.00 awarded to landlord; Property Damage: $550.00 awarded to landlord; Rent Arrears: $278.57 awarded to landlord

What type of tenancy dispute was case 4797580?

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

Where can I read the official tribunal order for case 4797580?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/10549911-Tenancy_Tribunal_Order.pdf.

What was the outcome of Tenancy Tribunal case 4797580?

The tribunal order states: Kevin Michael Barrett must pay Property Brokers Limited As Agent For Helen

How much money was awarded in case 4797580?

Ceiling Entrance Way: $500.00 awarded to landlord; Dining Room Insurance: $500.00 awarded to landlord; Filing Fee: $40.88 awarded to landlord; Property Damage: $500.00 awarded to landlord; Property Damage: $479.50 awarded to landlord; Property Damage: $500.00 awarded to landlord; Property Damage: $550.00 awarded to landlord; Property Damage: $1,500.00 awarded to landlord; Property Damage: $500.00 awarded to landlord; Property Damage: $550.00 awarded to landlord; Rent Arrears: $278.57 awarded to landlord

What type of tenancy dispute was case 4797580?

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

Where can I read the official tribunal order for case 4797580?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/10549911-Tenancy_Tribunal_Order.pdf.

25 Charles Street, Grasmere, Invercargill 9810 Tenancy Tribunal Case 4797580 — Property damage

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25 Charles Street, Grasmere, Invercargill 9810 Tenancy Tribunal Case 4797580 — Property damage | TenantCheck

Claims & awards

What this tenancy cost at tribunal — claim, category, amount, and party awarded, with reconciled net total.

Claims and awards in Tenancy Tribunal application 4797580 — net $4,538.95 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears	$278.57	Rent arrears
Entrance way insurance excess	$500.00	Entrance way insurance excess
Lock/key replacement	$479.50	Lock/key replacement
Ceiling entrance way	$500.00	Ceiling entrance way
Dining room insurance	$500.00	Dining room insurance
Lounge insurance excess	$500.00	Lounge insurance excess
Hallway insurance excess	$550.00	Hallway insurance excess
Insurance excess for three internal doors	$1,500.00	Insurance excess for three internal doors
Garage Insurance excess	$500.00	Garage Insurance excess
Back entrance insurance excess	$550.00	Back entrance insurance excess
Filing fee for two applications	$40.88	Filing fee for two applications
Net award	$4,538.95
Total payable by Tenant to Landlord	$4,538.95

Claims and awards for application 4797580 — net $4,538.95 NZD. Verify on MoJ.

Rent arrears

Amount: $278.57
Awarded to: Landlord
Reason: Rent arrears

Entrance way insurance excess

Amount: $500.00
Awarded to: Landlord
Reason: Entrance way insurance excess

Lock/key replacement

Amount: $479.50
Awarded to: Landlord
Reason: Lock/key replacement

Ceiling entrance way

Amount: $500.00
Awarded to: Landlord
Reason: Ceiling entrance way

Dining room insurance

Amount: $500.00
Awarded to: Landlord
Reason: Dining room insurance

Claim types — money lines allowed on this order

Filing Fee Property damage Rent arrears

Order

Kevin Michael Barrett must pay Property Brokers Limited As Agent For Helen Quinn $4,538.95 immediately, calculated as shown in table below.
The Bond Centre is to pay the bond of $1,360.00 (5310078-004) to Property Brokers Limited As Agent For Helen Quinn immediately.

Reasons

Both parties attended the hearing.
The landlord had previously applied for termination and an order made on 21 November 2023. The landlord has now applying for costs due to the insurance claim having only recently been resolved. They have also applied for rent arrears, refund of the bond, and reimbursement of the filing fee for both applications following the end of the tenancy.

How much is owed for rent?

The tenancy ended on 21 st November 2023. The landlord provided rent records which prove the amount owing at the end of the tenancy. The tenant did not dispute this amount.

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

At the end of the tenancy the tenant has a number of obligations that includes returning all keys and security devices. See section 40(1)(e)(ii)-(v) Residential Tenancies Act 1986.
In this case the landlord believes the tenant is likely to have returned all the keys however given the tenant he had staying at the property and reason for the tenancy coming to an end is likely to have keys. The police provided a report that was concerning reading regarding the tenants. Under the circumstances I accept that it is appropriate to award such costs in this case.
I note that that landlord has not made a claim for exemplary damages for the extra person at the property nor are they claiming for damages due to unlawful activity possibly occurring at the property.

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 is a number of rooms that required repair to the wallpaper, walls, door frames and ceiling. There was also the need to replace three internal doors in the property.
Each insurance claim has attracted an excess.
The tenant claims that the carpet is old and the damage is fair wear and tear.
Having considered all of the evidence the claims sought are not in relation to the carpets, and I accept the tenant’s evidence that they were worn.
The tenant further claims that the quotes to repair are excessive. I explained that the two different quotes obtained from two different builders were higher than the excess that is being sought from him.
The tenant claims that the wallpaper was also old and coming away at the corners in some rooms.
Each claim was considered, and I heard from both parties on all claims separately.
I accept that the damage is more than fair wear and tear. Significant parts of the wallpaper were ripped off and a hole had been partially repaired. There were cracks in the ceiling in the entrance and garage. There was a glass pain completely removed from the door at the front entrance.
One of the door surrounds was damaged and I am advised that this was caused by a person trying to break into the property.
Having considered all of the evidence I find that the tenant has not disproved liability for the damage.
The amounts ordered are proved.
I have taken into account betterment and depreciation. As stated, the claim is for the insurance excess NOT the actual cost of the repairs.
Because Property Brokers Limited As Agent For Helen Quinn has wholly succeeded with the claim I must reimburse the filing fee for both applications filed.

Claims & awards

What this tenancy cost at tribunal — claim, category, amount, and party awarded, with reconciled net total.

Claims and awards in Tenancy Tribunal application 4797580 — net $4,538.95 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears	$278.57	Rent arrears
Entrance way insurance excess	$500.00	Entrance way insurance excess
Lock/key replacement	$479.50	Lock/key replacement
Ceiling entrance way	$500.00	Ceiling entrance way
Dining room insurance	$500.00	Dining room insurance
Lounge insurance excess	$500.00	Lounge insurance excess
Hallway insurance excess	$550.00	Hallway insurance excess
Insurance excess for three internal doors	$1,500.00	Insurance excess for three internal doors
Garage Insurance excess	$500.00	Garage Insurance excess
Back entrance insurance excess	$550.00	Back entrance insurance excess
Filing fee for two applications	$40.88	Filing fee for two applications
Net award	$4,538.95
Total payable by Tenant to Landlord	$4,538.95

Claims and awards for application 4797580 — net $4,538.95 NZD. Verify on MoJ.

Rent arrears

Amount: $278.57
Awarded to: Landlord
Reason: Rent arrears

Entrance way insurance excess

Amount: $500.00
Awarded to: Landlord
Reason: Entrance way insurance excess

Lock/key replacement

Amount: $479.50
Awarded to: Landlord
Reason: Lock/key replacement

Ceiling entrance way

Amount: $500.00
Awarded to: Landlord
Reason: Ceiling entrance way

Dining room insurance

Amount: $500.00
Awarded to: Landlord
Reason: Dining room insurance

Claim types — money lines allowed on this order

Filing Fee Property damage Rent arrears

Order

Kevin Michael Barrett must pay Property Brokers Limited As Agent For Helen Quinn $4,538.95 immediately, calculated as shown in table below.
The Bond Centre is to pay the bond of $1,360.00 (5310078-004) to Property Brokers Limited As Agent For Helen Quinn immediately.

Reasons

Both parties attended the hearing.
The landlord had previously applied for termination and an order made on 21 November 2023. The landlord has now applying for costs due to the insurance claim having only recently been resolved. They have also applied for rent arrears, refund of the bond, and reimbursement of the filing fee for both applications following the end of the tenancy.

How much is owed for rent?

The tenancy ended on 21 st November 2023. The landlord provided rent records which prove the amount owing at the end of the tenancy. The tenant did not dispute this amount.

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

At the end of the tenancy the tenant has a number of obligations that includes returning all keys and security devices. See section 40(1)(e)(ii)-(v) Residential Tenancies Act 1986.
In this case the landlord believes the tenant is likely to have returned all the keys however given the tenant he had staying at the property and reason for the tenancy coming to an end is likely to have keys. The police provided a report that was concerning reading regarding the tenants. Under the circumstances I accept that it is appropriate to award such costs in this case.
I note that that landlord has not made a claim for exemplary damages for the extra person at the property nor are they claiming for damages due to unlawful activity possibly occurring at the property.

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 is a number of rooms that required repair to the wallpaper, walls, door frames and ceiling. There was also the need to replace three internal doors in the property.
Each insurance claim has attracted an excess.
The tenant claims that the carpet is old and the damage is fair wear and tear.
Having considered all of the evidence the claims sought are not in relation to the carpets, and I accept the tenant’s evidence that they were worn.
The tenant further claims that the quotes to repair are excessive. I explained that the two different quotes obtained from two different builders were higher than the excess that is being sought from him.
The tenant claims that the wallpaper was also old and coming away at the corners in some rooms.
Each claim was considered, and I heard from both parties on all claims separately.
I accept that the damage is more than fair wear and tear. Significant parts of the wallpaper were ripped off and a hole had been partially repaired. There were cracks in the ceiling in the entrance and garage. There was a glass pain completely removed from the door at the front entrance.
One of the door surrounds was damaged and I am advised that this was caused by a person trying to break into the property.
Having considered all of the evidence I find that the tenant has not disproved liability for the damage.
The amounts ordered are proved.
I have taken into account betterment and depreciation. As stated, the claim is for the insurance excess NOT the actual cost of the repairs.
Because Property Brokers Limited As Agent For Helen Quinn has wholly succeeded with the claim I must reimburse the filing fee for both applications filed.

Tenancy Tribunal case 4797580 — Property damage at 25 Charles Street, Grasmere, Invercargill 9810

At a glance

Tenancy Tribunal case 4797580 — Property damage at 25 Charles Street, Grasmere, Invercargill 9810

At a glance

Award balance

Claims & awards

Order

Reasons

How much is owed for rent?

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?

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