What was the outcome of Tenancy Tribunal case 4829117?

The tribunal order states: By way of declaration, the tenancy of Donna Marie Chong Nee at 26 Barneys

How much money was awarded in case 4829117?

Property Damage: $250.00 awarded to landlord; Filing Fee: $20.44 awarded to landlord; Property Damage: $979.80 awarded to landlord; Rent Owing To 04/04/2024: $518.62 awarded to landlord

What type of tenancy dispute was case 4829117?

The primary dispute was Property damage. Related themes: Exemplary damages.

Where can I read the official tribunal order for case 4829117?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/10148181-Tenancy_Tribunal_Order.pdf.

What was the outcome of Tenancy Tribunal case 4829117?

The tribunal order states: By way of declaration, the tenancy of Donna Marie Chong Nee at 26 Barneys

How much money was awarded in case 4829117?

Property Damage: $250.00 awarded to landlord; Filing Fee: $20.44 awarded to landlord; Property Damage: $979.80 awarded to landlord; Rent Owing To 04/04/2024: $518.62 awarded to landlord

What type of tenancy dispute was case 4829117?

The primary dispute was Property damage. Related themes: Exemplary damages.

Where can I read the official tribunal order for case 4829117?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/10148181-Tenancy_Tribunal_Order.pdf.

26 Barneys Farm Road, Clendon Park, Auckland 2103 Tenancy Tribunal Case 4829117 — Property damage

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26 Barneys Farm Road, Clendon Park, Auckland 2103 Tenancy Tribunal Case 4829117 — 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 4829117 — net $1,768.86 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent owing to 04/04/2024	$518.62	Rent owing to 04/04/2024
Broken window latch & damage to cladding	$979.80	Broken window latch & damage to cladding
Exemplary damages – assigning tenancy without consent	$250.00	Exemplary damages – assigning tenancy without consent
Filing fee reimbursement	$20.44	Filing fee reimbursement
Net award	$1,768.86
Bond	$1,768.86
Total payable by Tenant to Landlord	$1,768.86

Claims and awards for application 4829117 — net $1,768.86 NZD. Verify on MoJ.

Rent owing to 04/04/2024

Amount: $518.62
Awarded to: Landlord
Reason: Rent owing to 04/04/2024

Broken window latch & damage to cladding

Amount: $979.80
Awarded to: Landlord
Reason: Broken window latch & damage to cladding

Exemplary damages – assigning tenancy without consent

Amount: $250.00
Awarded to: Landlord
Reason: Exemplary damages – assigning tenancy without consent

Filing fee reimbursement

Amount: $20.44
Awarded to: Landlord
Reason: Filing fee reimbursement

Net award

Landlord $1,768.86

Bond

Landlord $1,768.86

Claim types — money lines allowed on this order

Exemplary damages Filing Fee Property damage

Order

By way of declaration, the tenancy of Donna Marie Chong Nee at 26 Barneys Farm Road, Clendon Park, Auckland 2103 has ended, and possession is granted to Ryliatam Limited T/As Taylor Property Management immediately.
Donna Marie Chong Nee is to pay Ryliatam Limited T/As Taylor Property Management $1,768.86 from the bond, calculated as shown in the table below.
The Bond Centre is to pay $1,768.86 from the bond of $2,340.00 (5255120- 014) to Ryliatam Limited T/As Taylor Property Management immediately.
The balance of the bond of $571.14 is to remain at the Bond Centre.

Reasons

The landlord attended the hearing which was held by teleconference on 28 March 2024. The tenant did not attend. The tenant was contacted twice on the contact number provided in the application but on both occasions the call was unanswered and went to voicemail. I proceeded with the hearing in the tenant’s absence as I was satisfied adequate service of the hearing notice had been completed.
The landlord seeks a possession or termination order on the grounds that the landlord and tenant made an agreement to end the fixed term tenancy early and the tenant has not moved out. The landlord has also applied for exemplary damages for the tenant assigning the tenancy without consent and compensation for damages.

Has the tenancy ended by agreement between the parties?

This is a fixed term tenancy which started on 5 May 2023 and was due to end on 5 April 2025.
On 6 March 2024, the tenant wrote to the landlord by email requesting to end her fixed tern tenancy as she would be staying with her mother to look after her. She also requested that her tenancy be assigned to her cousin, Chance Matthews.
The landlord responded by email the same day accepting the request to end the tenancy and setting out their requirements: re: Notice to end Fixed Term Tenancy I am writing about the email you sent me today advising you are planning to abandon your fixed term tenancy next week. As you know, you are currently signed to a Fixed Term tenancy. The fixed term tenancy does not expire until 05/04/2025. Under the Residential Tenancies Act 1986, fixed term tenancies are for a specific length of time and cannot be ended with notice, however they can be ended or reassigned early by mutual agreement of all parties and "reasonable and actual costs can be charged". We will allow you to vacate however, you will be responsible for the following AS PER YOUR TENANCY CONTRACT TERMS AND CONDITIONS: Rent until the time a new tenant of our choice moves in to the home OR until the fixed term expires (whichever happens first) Compensation (if any) for the shortfall in rent if we can not achieve rent in today's market, equivalent to what you are paying now Administration and costs based on time and attendance. This invoice for advertising of $199 is due for immediate payment when we receive your reply email allowing us to proceed. If you do not agree to this, we will unfortunately not be able to proceed with the lease break on your behalf. When we find a suitable tenant, we will work with you to agree on a handover date that is mutually acceptable to all involved. Please have anyone you wish to assign the tenancy too, upload an application via my website so they can be assessed in the usual way. If you rather I advertise the home and show it to prospective new tenants on your behalf you must pay the advertising immediately and tell me what days and times you would be available to have the home showed to other parties.
The tenant confirmed by replying to the landlord’s email on 7 March 2024 that she wished to break the fixed term lease.
On 14 March 2024, the tenant advised the landlord by email that her cousin had moved into the tenancy, and she had moved out. She also noted her cousin had the ‘Request to assign the tenancy’ form for the landlord.
On 22 March 2024, the tenant advised the landlord by email that she had changed her mind. She wrote: Hi Lisa i have changed my mind that I want to stay there as you have mislead my cousin allowing him to stay there and pay rent last week after I emailed you saying that I moved out and my cousin moved in.... All me and my cousin was trying to do is change the tenancy under his name after you knowing that he is at the house
The landlord replied by email on the same day stating: Donna You have told me you are moving out and waiting for your truck to remove your items I have been very very clear with all of you all along that your cousin needed to apply for the tenancy and be approved. He was asked to provide applications for ALL adults that wanted to live there. He only ever uploaded an application for himself, and illegally between the two of you, moved in along with his other brother and father. At no time did I ever tell you nor him that he was permitted to move in or that his application had been accepted. He paid one lot of $585 on your behalf. I asked him why he was going to pay that and he told me verbally that he was helping you out and that he had already advised you that it was unwise for you not to pay rent. I have since reviewed your cousins one application (only for himself) and it has been denied. Throughout all of this process AND last weekend, you , your cousin and your cousin's father were all aware and notified in writing that I was showing other potential applicants through the propertyto (sic) rent it. One of those applicants has now been accepted as I have already advised you. You need to vacate immediately and remove your stuff with urgency. By now you should have received notification of the tribunal hearing next Thursday. Then, it is my wish that you get an eviction order if you have not given me vacant possession by then. After which, a bailiff will be called if you have not complied I have a lot of written evidence between you and myself that is very clear about the trail of events. You can NOT advise you are moving out, let me make moves to advertise for new people and then change your mind. I also have written evidence from the whole neighbourhood about what an unruly and disruptive tenant you are.

I SUGGEST YOU VACATE AND CLEAR YOUR STUFF WITH

URGENCY BEFORE THIS ESCALATES AND ENDS

EVEN MORE BADLY FOR YOU.

The starting point is that tenancy agreements are contracts that are subject both to the provisions of the Residential Tenancies Act 1986 (RTA) and to the general law of contract.
There are two routes by which a tenant can be released from a fixed term tenancy.
Section 66 RTA allows a party to a fixed term tenancy to apply to reduce the term of the tenancy. This was not done. Where the Tribunal reduces a fixed-term tenancy, it may order the tenant to pay the landlord reasonable compensation for any resulting loss. See section 66(2) RTA.
Alternatively, some tenancy agreements contain a clause providing for landlords and tenants to reach agreement regarding the early end of a fixed term tenancy on terms recorded in the agreement.
A tenant may not assign the tenancy without the prior written consent of the Landlord and subject to any reasonable conditions attached to that consent. Those conditions can include charges for credit checks and other administrative costs. The landlord may not unreasonably withhold consent. See section 43B RTA.
Section 43B RTA allows a tenant to assign a tenancy with the prior written consent of the landlord and subject to any reasonable conditions attached to that consent. Those conditions can include charges for credit checks and other administrative costs. A landlord cannot unreasonably withhold consent or attach any unreasonable conditions to the consent.
I have carefully considered the email correspondence, the application produced and submissions from the landlord. My decision is that there was mutual agreement between the landlord and tenant to vary the agreement and end the fixed term tenancy. The tenant offered to end the tenancy; the landlord accepted the offer. I am satisfied that this variation to the agreement is binding. As the offer was accepted, it could not be rescinded or withdrawn. Once it was agreed by both parties that the tenancy would end, then that could only be changed by both agreeing it would not end.
In this case, the landlord has relied on the agreement to end the tenancy early and entered into a new tenancy agreement with a new tenant which is due to start on 5 April 2024. The tenant remains in possession of the premises. The landlord is entitled to a possession order. The requirements of section 64(1) RTA are satisfied.
I note the tenant had requested that the landlord assign the tenancy to her cousin. I have had regard to the tenant’s contention that the landlord had misled her cousin by allowing him to stay at the tenancy and paying rent. The landlord’s evidence is that she has been very clear regarding the process and advised the tenant to ask the proposed assignee to make a formal application via the website for all adults that wanted to live at the tenancy address. However, the landlord says the tenant’s cousin only made an application for himself and then moved in along with his brother and father. The cousin’s application was declined. The landlord was adamant that she had never misled the tenant’s cousin. She stated that at no time did she ever tell the tenant or the tenant’s cousin that the cousin was permitted to move in or that the cousin’s application had been accepted. The landlord acknowledged that she had accepted $585.00 paid by the cousin but this was for rent on behalf of the tenant who he said he was helping out.
I accept the landlord’s evidence which was a straightforward, logical explanation of events. I find the tenant’s understanding of the circumstances misconstrued and unconvincing. No assignment of the tenancy to the tenant’s cousin was completed. The landlord clearly advised the tenant of the process if her cousin wished to be assigned the tenancy. The cousin’s application in the end was declined as he was not suitable. I do not find the landlord unreasonably withheld consent to assign the tenancy to the tenant’s cousin. I accept the landlord’s evidence that at no time did she tell the tenant or the tenant’s cousin that the cousin was permitted to move in or that the cousin’s application to assign the tenancy had been accepted. There is no basis to the tenant’s contention.
The tenant in a fixed term tenancy remains liable for rent until the end of that term or the commencement of a new tenancy, whichever may occur sooner. No assignment of the tenancy was completed and the agreement to allow the tenancy term to end early was conditional on a suitable replacement tenant being found. The premises were advertised, and a new suitable tenant was found commencing their tenancy on 5 April 2024. I do not regard that as unreasonable. Accordingly, I find the tenant liable for rent up to 4 April 2024 as ordered above.
The landlord raised concerns should the tenant refuse to leave and take all their belongings before the new tenants move in on 5 April 2024. A possession order has been made. Should the tenant still refuse to leave, the landlord can take the order to the District Court and apply for an eviction warrant. If the tenant leaves goods behind, there are rules the landlord must follow in dealing with them. See section 62 RTA. Did the tenant assign the tenancy without consent? If so, should the landlord be awarded exemplary damages?
Pursuant to section 43B RTA a tenant may with the prior written consent of the landlord assign the tenancy. Under section 44(2A) a tenant who sublets without consent commits an unlawful act. If this is proven the Tribunal may, after considering the intention of the person, the effect of the unlawful act, the interests of the party against whom the unlawful act was committed, and the public interest, award exemplary damages of up to $1,500.00. See section 109(3) and schedule 1A RTA.
The landlord claims the tenant assigned the tenancy without consent. On or about 14 March 2024, the tenant moved out of the premises and her cousin moved in without the prior written consent of the landlord. I find the tenant has committed an unlawful act.
Where a party has committed an unlawful act intentionally, the Tribunal may award exemplary damages where it is satisfied it would be just to do so, having regard to the party’s intent, the effect of the unlawful act, the interests of the other party, and the public interest. See section 109(3) RTA.
The tenant let her cousin move into the premises. This was confirmed by the tenant’s email of 14 March 2024 to the landlord.
The landlord was very concerned that another person was living at the premises, who had also moved in with his older brother and father, being a person/s not approved by them which could void their insurance. This was intentional and in breach of the RTA. The consequence of this for the landlord could be serious and it is important that tenants comply with the requirements of the RTA and terms of their tenancy agreements.
I find it just to award $250.00 in exemplary damages.

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.
I am satisfied the window latch and cladding were damaged during the tenancy. The damage is more than fair wear and tear, and the tenant has not disproved liability for the damage.
The landlord gave evidence that the tenant had agreed to pay for repair costs in instalments but did not stick to the weekly arrangement. Also, the landlord advised that additional costs for painting have yet to be added. In the circumstances, the repair cost claimed has been awarded in full. The landlord is to deduct any tenant credit accordingly. Filing fee
As the landlord has wholly succeeded with the claim, I must order the other party to reimburse the filing fee.

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 4829117 — net $1,768.86 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent owing to 04/04/2024	$518.62	Rent owing to 04/04/2024
Broken window latch & damage to cladding	$979.80	Broken window latch & damage to cladding
Exemplary damages – assigning tenancy without consent	$250.00	Exemplary damages – assigning tenancy without consent
Filing fee reimbursement	$20.44	Filing fee reimbursement
Net award	$1,768.86
Bond	$1,768.86
Total payable by Tenant to Landlord	$1,768.86

Claims and awards for application 4829117 — net $1,768.86 NZD. Verify on MoJ.

Rent owing to 04/04/2024

Amount: $518.62
Awarded to: Landlord
Reason: Rent owing to 04/04/2024

Broken window latch & damage to cladding

Amount: $979.80
Awarded to: Landlord
Reason: Broken window latch & damage to cladding

Exemplary damages – assigning tenancy without consent

Amount: $250.00
Awarded to: Landlord
Reason: Exemplary damages – assigning tenancy without consent

Filing fee reimbursement

Amount: $20.44
Awarded to: Landlord
Reason: Filing fee reimbursement

Net award

Landlord $1,768.86

Bond

Landlord $1,768.86

Claim types — money lines allowed on this order

Exemplary damages Filing Fee Property damage

Order

By way of declaration, the tenancy of Donna Marie Chong Nee at 26 Barneys Farm Road, Clendon Park, Auckland 2103 has ended, and possession is granted to Ryliatam Limited T/As Taylor Property Management immediately.
Donna Marie Chong Nee is to pay Ryliatam Limited T/As Taylor Property Management $1,768.86 from the bond, calculated as shown in the table below.
The Bond Centre is to pay $1,768.86 from the bond of $2,340.00 (5255120- 014) to Ryliatam Limited T/As Taylor Property Management immediately.
The balance of the bond of $571.14 is to remain at the Bond Centre.

Reasons

The landlord attended the hearing which was held by teleconference on 28 March 2024. The tenant did not attend. The tenant was contacted twice on the contact number provided in the application but on both occasions the call was unanswered and went to voicemail. I proceeded with the hearing in the tenant’s absence as I was satisfied adequate service of the hearing notice had been completed.
The landlord seeks a possession or termination order on the grounds that the landlord and tenant made an agreement to end the fixed term tenancy early and the tenant has not moved out. The landlord has also applied for exemplary damages for the tenant assigning the tenancy without consent and compensation for damages.

Has the tenancy ended by agreement between the parties?

This is a fixed term tenancy which started on 5 May 2023 and was due to end on 5 April 2025.
On 6 March 2024, the tenant wrote to the landlord by email requesting to end her fixed tern tenancy as she would be staying with her mother to look after her. She also requested that her tenancy be assigned to her cousin, Chance Matthews.
The landlord responded by email the same day accepting the request to end the tenancy and setting out their requirements: re: Notice to end Fixed Term Tenancy I am writing about the email you sent me today advising you are planning to abandon your fixed term tenancy next week. As you know, you are currently signed to a Fixed Term tenancy. The fixed term tenancy does not expire until 05/04/2025. Under the Residential Tenancies Act 1986, fixed term tenancies are for a specific length of time and cannot be ended with notice, however they can be ended or reassigned early by mutual agreement of all parties and "reasonable and actual costs can be charged". We will allow you to vacate however, you will be responsible for the following AS PER YOUR TENANCY CONTRACT TERMS AND CONDITIONS: Rent until the time a new tenant of our choice moves in to the home OR until the fixed term expires (whichever happens first) Compensation (if any) for the shortfall in rent if we can not achieve rent in today's market, equivalent to what you are paying now Administration and costs based on time and attendance. This invoice for advertising of $199 is due for immediate payment when we receive your reply email allowing us to proceed. If you do not agree to this, we will unfortunately not be able to proceed with the lease break on your behalf. When we find a suitable tenant, we will work with you to agree on a handover date that is mutually acceptable to all involved. Please have anyone you wish to assign the tenancy too, upload an application via my website so they can be assessed in the usual way. If you rather I advertise the home and show it to prospective new tenants on your behalf you must pay the advertising immediately and tell me what days and times you would be available to have the home showed to other parties.
The tenant confirmed by replying to the landlord’s email on 7 March 2024 that she wished to break the fixed term lease.
On 14 March 2024, the tenant advised the landlord by email that her cousin had moved into the tenancy, and she had moved out. She also noted her cousin had the ‘Request to assign the tenancy’ form for the landlord.
On 22 March 2024, the tenant advised the landlord by email that she had changed her mind. She wrote: Hi Lisa i have changed my mind that I want to stay there as you have mislead my cousin allowing him to stay there and pay rent last week after I emailed you saying that I moved out and my cousin moved in.... All me and my cousin was trying to do is change the tenancy under his name after you knowing that he is at the house
The landlord replied by email on the same day stating: Donna You have told me you are moving out and waiting for your truck to remove your items I have been very very clear with all of you all along that your cousin needed to apply for the tenancy and be approved. He was asked to provide applications for ALL adults that wanted to live there. He only ever uploaded an application for himself, and illegally between the two of you, moved in along with his other brother and father. At no time did I ever tell you nor him that he was permitted to move in or that his application had been accepted. He paid one lot of $585 on your behalf. I asked him why he was going to pay that and he told me verbally that he was helping you out and that he had already advised you that it was unwise for you not to pay rent. I have since reviewed your cousins one application (only for himself) and it has been denied. Throughout all of this process AND last weekend, you , your cousin and your cousin's father were all aware and notified in writing that I was showing other potential applicants through the propertyto (sic) rent it. One of those applicants has now been accepted as I have already advised you. You need to vacate immediately and remove your stuff with urgency. By now you should have received notification of the tribunal hearing next Thursday. Then, it is my wish that you get an eviction order if you have not given me vacant possession by then. After which, a bailiff will be called if you have not complied I have a lot of written evidence between you and myself that is very clear about the trail of events. You can NOT advise you are moving out, let me make moves to advertise for new people and then change your mind. I also have written evidence from the whole neighbourhood about what an unruly and disruptive tenant you are.

I SUGGEST YOU VACATE AND CLEAR YOUR STUFF WITH

URGENCY BEFORE THIS ESCALATES AND ENDS

EVEN MORE BADLY FOR YOU.

The starting point is that tenancy agreements are contracts that are subject both to the provisions of the Residential Tenancies Act 1986 (RTA) and to the general law of contract.
There are two routes by which a tenant can be released from a fixed term tenancy.
Section 66 RTA allows a party to a fixed term tenancy to apply to reduce the term of the tenancy. This was not done. Where the Tribunal reduces a fixed-term tenancy, it may order the tenant to pay the landlord reasonable compensation for any resulting loss. See section 66(2) RTA.
Alternatively, some tenancy agreements contain a clause providing for landlords and tenants to reach agreement regarding the early end of a fixed term tenancy on terms recorded in the agreement.
A tenant may not assign the tenancy without the prior written consent of the Landlord and subject to any reasonable conditions attached to that consent. Those conditions can include charges for credit checks and other administrative costs. The landlord may not unreasonably withhold consent. See section 43B RTA.
Section 43B RTA allows a tenant to assign a tenancy with the prior written consent of the landlord and subject to any reasonable conditions attached to that consent. Those conditions can include charges for credit checks and other administrative costs. A landlord cannot unreasonably withhold consent or attach any unreasonable conditions to the consent.
I have carefully considered the email correspondence, the application produced and submissions from the landlord. My decision is that there was mutual agreement between the landlord and tenant to vary the agreement and end the fixed term tenancy. The tenant offered to end the tenancy; the landlord accepted the offer. I am satisfied that this variation to the agreement is binding. As the offer was accepted, it could not be rescinded or withdrawn. Once it was agreed by both parties that the tenancy would end, then that could only be changed by both agreeing it would not end.
In this case, the landlord has relied on the agreement to end the tenancy early and entered into a new tenancy agreement with a new tenant which is due to start on 5 April 2024. The tenant remains in possession of the premises. The landlord is entitled to a possession order. The requirements of section 64(1) RTA are satisfied.
I note the tenant had requested that the landlord assign the tenancy to her cousin. I have had regard to the tenant’s contention that the landlord had misled her cousin by allowing him to stay at the tenancy and paying rent. The landlord’s evidence is that she has been very clear regarding the process and advised the tenant to ask the proposed assignee to make a formal application via the website for all adults that wanted to live at the tenancy address. However, the landlord says the tenant’s cousin only made an application for himself and then moved in along with his brother and father. The cousin’s application was declined. The landlord was adamant that she had never misled the tenant’s cousin. She stated that at no time did she ever tell the tenant or the tenant’s cousin that the cousin was permitted to move in or that the cousin’s application had been accepted. The landlord acknowledged that she had accepted $585.00 paid by the cousin but this was for rent on behalf of the tenant who he said he was helping out.
I accept the landlord’s evidence which was a straightforward, logical explanation of events. I find the tenant’s understanding of the circumstances misconstrued and unconvincing. No assignment of the tenancy to the tenant’s cousin was completed. The landlord clearly advised the tenant of the process if her cousin wished to be assigned the tenancy. The cousin’s application in the end was declined as he was not suitable. I do not find the landlord unreasonably withheld consent to assign the tenancy to the tenant’s cousin. I accept the landlord’s evidence that at no time did she tell the tenant or the tenant’s cousin that the cousin was permitted to move in or that the cousin’s application to assign the tenancy had been accepted. There is no basis to the tenant’s contention.
The tenant in a fixed term tenancy remains liable for rent until the end of that term or the commencement of a new tenancy, whichever may occur sooner. No assignment of the tenancy was completed and the agreement to allow the tenancy term to end early was conditional on a suitable replacement tenant being found. The premises were advertised, and a new suitable tenant was found commencing their tenancy on 5 April 2024. I do not regard that as unreasonable. Accordingly, I find the tenant liable for rent up to 4 April 2024 as ordered above.
The landlord raised concerns should the tenant refuse to leave and take all their belongings before the new tenants move in on 5 April 2024. A possession order has been made. Should the tenant still refuse to leave, the landlord can take the order to the District Court and apply for an eviction warrant. If the tenant leaves goods behind, there are rules the landlord must follow in dealing with them. See section 62 RTA. Did the tenant assign the tenancy without consent? If so, should the landlord be awarded exemplary damages?
Pursuant to section 43B RTA a tenant may with the prior written consent of the landlord assign the tenancy. Under section 44(2A) a tenant who sublets without consent commits an unlawful act. If this is proven the Tribunal may, after considering the intention of the person, the effect of the unlawful act, the interests of the party against whom the unlawful act was committed, and the public interest, award exemplary damages of up to $1,500.00. See section 109(3) and schedule 1A RTA.
The landlord claims the tenant assigned the tenancy without consent. On or about 14 March 2024, the tenant moved out of the premises and her cousin moved in without the prior written consent of the landlord. I find the tenant has committed an unlawful act.
Where a party has committed an unlawful act intentionally, the Tribunal may award exemplary damages where it is satisfied it would be just to do so, having regard to the party’s intent, the effect of the unlawful act, the interests of the other party, and the public interest. See section 109(3) RTA.
The tenant let her cousin move into the premises. This was confirmed by the tenant’s email of 14 March 2024 to the landlord.
The landlord was very concerned that another person was living at the premises, who had also moved in with his older brother and father, being a person/s not approved by them which could void their insurance. This was intentional and in breach of the RTA. The consequence of this for the landlord could be serious and it is important that tenants comply with the requirements of the RTA and terms of their tenancy agreements.
I find it just to award $250.00 in exemplary damages.

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.
I am satisfied the window latch and cladding were damaged during the tenancy. The damage is more than fair wear and tear, and the tenant has not disproved liability for the damage.
The landlord gave evidence that the tenant had agreed to pay for repair costs in instalments but did not stick to the weekly arrangement. Also, the landlord advised that additional costs for painting have yet to be added. In the circumstances, the repair cost claimed has been awarded in full. The landlord is to deduct any tenant credit accordingly. Filing fee
As the landlord has wholly succeeded with the claim, I must order the other party to reimburse the filing fee.

Tenancy Tribunal case 4829117 — Property damage at 26 Barneys Farm Road, Clendon Park, Auckland 2103

At a glance

Tenancy Tribunal case 4829117 — Property damage at 26 Barneys Farm Road, Clendon Park, Auckland 2103

At a glance

Award balance

Claims & awards

Order

Reasons

Has the tenancy ended by agreement between the parties?

I SUGGEST YOU VACATE AND CLEAR YOUR STUFF WITH

URGENCY BEFORE THIS ESCALATES AND ENDS

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

Has the tenancy ended by agreement between the parties?

I SUGGEST YOU VACATE AND CLEAR YOUR STUFF WITH

URGENCY BEFORE THIS ESCALATES AND ENDS

Is the tenant responsible for the damage to the premises?

Topics & place

Residential Tenancies Act sections

Key findings

Property management

Frequently asked questions