Published tribunal order
Tenancy Tribunal case 4816346 — Rent arrears at 46A Marumaru Street, Marton, Marton 4710
Decided 29 May 2024 · Published 29 May 2024 · Application 4816346
Landlord favoured
- Rent arrears
- Property damage
Order
- Steve Penn and Kylie Hillman must pay David Downs and Katherine Downs $1,819.19 immediately, calculated as shown in table below.
Reasons
- On 21 February 2024 the landlord filed an application for rent arrears and compensation.
- On 2 April 2024 the parties were notified that the matter was set down for hearing on 21 May 2024 at 2pm.
- On 13 May the landlord applied to attend by phone. That application was granted.
- On the morning of the hearing, Ms Hillman contacted Tenancy Services saying that she left the tenancy approximately 2 years ago and had left $1000 in bond.
- The tenant Mr Penn also contacted the Court call centre saying that he was working in Taumaranui that day and could not attend the hearing. The Tribunal was notified of this at 2pm when the hearing was to start. I determined that the tenant had had had ample opportunity to apply for an adjournment or make other arrangements for his work. The hearing therefore proceeded without him.
- The landlord, Mr Downs appeared by phone. He was unsure if Ms Hillman had been removed from the tenancy or if she left any bond. This was because the property had previously been handled by an agency. He offered to contact the agency to check. I therefore allowed the parties until 4pm Friday 24 May to provide further evidence on these points.
- Nothing was received from the tenants, but the landlord emailed advised that Ms Hillman had indeed paid $1,000 as a bond, but her name had not been removed from the tenancy. That amount has been deducted from the total amount owed.
- Ms Hillman therefore remains liable for any debt incurred. The tenants are jointly and severally liable, meaning that the landlord may decided to pursue both or just one of them for the debt.
- The landlord has applied for rent arrears, compensation, 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 16 February 2024. 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 provided photos of damage to an external wall which he said occurred during the tenancy.
- 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 landlord also provided an invoice for $1293.75 for repair of the wall. The amounts ordered are proved.
- Because the landlord has wholly succeeded with the claim I must reimburse the filing fee.