What was the outcome of Tenancy Tribunal case 4869781?

The tribunal order states: Jamie Mills must pay Otautahi Community Housing Trust $3,963.72

How much money was awarded in case 4869781?

Filing Fee: $20.44 awarded to landlord; Property Damage: $172.00 awarded to landlord; Exterior Door: $57.50 awarded to landlord; Paint: $2,819.78 awarded to landlord; Removal Flashing Tape: $230.00 awarded to landlord; Property Damage: $460.00 awarded to landlord; Wall Plastering And Sealing: $460.00 awarded to landlord

What type of tenancy dispute was case 4869781?

The primary dispute was Property damage.

Where can I read the official tribunal order for case 4869781?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/10591072-Tenancy_Tribunal_Order.pdf.

What was the outcome of Tenancy Tribunal case 4869781?

The tribunal order states: Jamie Mills must pay Otautahi Community Housing Trust $3,963.72

How much money was awarded in case 4869781?

Filing Fee: $20.44 awarded to landlord; Property Damage: $172.00 awarded to landlord; Exterior Door: $57.50 awarded to landlord; Paint: $2,819.78 awarded to landlord; Removal Flashing Tape: $230.00 awarded to landlord; Property Damage: $460.00 awarded to landlord; Wall Plastering And Sealing: $460.00 awarded to landlord

What type of tenancy dispute was case 4869781?

The primary dispute was Property damage.

Where can I read the official tribunal order for case 4869781?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/10591072-Tenancy_Tribunal_Order.pdf.

Unit/Flat Flat 6C, 183 Strickland Street, Addington, Tenancy Tribunal Case 4869781 — Property damage

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Unit/Flat Flat 6C, 183 Strickland Street, Addington, Tenancy Tribunal Case 4869781 — 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 4869781 — net $3,963.72 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Repairs: paint	$2,819.78	Repairs: paint
Repairs: Exterior door	$57.50	Repairs: Exterior door
Repairs: removal flashing tape	$230.00	Repairs: removal flashing tape
Lock/key replacement	$172.00	Lock/key replacement
Repairs: wall fixings removed and repairs	$460.00	Repairs: wall fixings removed and repairs
Repairs: wall plastering and sealing	$460.00	Repairs: wall plastering and sealing
Filing fee reimbursement	$20.44	Filing fee reimbursement
Net award	$3,963.72
Total payable by Tenant to Landlord	$3,963.72

Claims and awards for application 4869781 — net $3,963.72 NZD. Verify on MoJ.

Repairs: paint

Amount: $2,819.78
Awarded to: Landlord
Reason: Repairs: paint

Repairs: Exterior door

Amount: $57.50
Awarded to: Landlord
Reason: Repairs: Exterior door

Repairs: removal flashing tape

Amount: $230.00
Awarded to: Landlord
Reason: Repairs: removal flashing tape

Lock/key replacement

Amount: $172.00
Awarded to: Landlord
Reason: Lock/key replacement

Repairs: wall fixings removed and repairs

Amount: $460.00
Awarded to: Landlord
Reason: Repairs: wall fixings removed and repairs

Claim types — money lines allowed on this order

Filing Fee Property damage

Order

Jamie Mills must pay Otautahi Community Housing Trust $3,963.72 immediately, calculated as shown in table below.
The Bond Centre is to pay the bond of $256.00 (6088474-006) to Otautahi Community Housing Trust immediately.

Reasons

The landlord attended the hearing. The tenant did not answer either of the calls made at the scheduled time to the number provided to the Tribunal. Because I am satisfied the tenant received correct notice of the hearing, the hearing was conducted in their absence.
The landlord has applied for compensation, refund of the bond, and reimbursement of the filing fee following the end of the tenancy.

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.
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 is claiming for damage that has been intentionally caused to the premises: This includes the following: a. Large areas of the premises which have been partially painted to a very poor standard. b. Numerous fixings have been attached to the walls and ceilings including a large wooden pallet. c. Silver flashing tape with a heavy grade adhesive used to line a wardrobe, and a hole made in the wardrobe wall.
The remedial work included: a. Removing all wall fixings. b. Repairing concrete walls, and other walls. c. Plastering and pigment sealing. d. Fully repainting. e. Replacing locks.
The landlord provided photos, oral evidence and invoices in support of their application.
The landlord is not claiming the full amount of the remedial work but has reduced the amounts to account for wear and tear.
I have reduced the award for painting slightly to align with depreciation of paint over an eight year period. The other claims are awarded in full. The amounts are proved.
Because Otautahi Community Housing Trust has substantially succeeded with the claim I have reimbursed 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 4869781 — net $3,963.72 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Repairs: paint	$2,819.78	Repairs: paint
Repairs: Exterior door	$57.50	Repairs: Exterior door
Repairs: removal flashing tape	$230.00	Repairs: removal flashing tape
Lock/key replacement	$172.00	Lock/key replacement
Repairs: wall fixings removed and repairs	$460.00	Repairs: wall fixings removed and repairs
Repairs: wall plastering and sealing	$460.00	Repairs: wall plastering and sealing
Filing fee reimbursement	$20.44	Filing fee reimbursement
Net award	$3,963.72
Total payable by Tenant to Landlord	$3,963.72

Claims and awards for application 4869781 — net $3,963.72 NZD. Verify on MoJ.

Repairs: paint

Amount: $2,819.78
Awarded to: Landlord
Reason: Repairs: paint

Repairs: Exterior door

Amount: $57.50
Awarded to: Landlord
Reason: Repairs: Exterior door

Repairs: removal flashing tape

Amount: $230.00
Awarded to: Landlord
Reason: Repairs: removal flashing tape

Lock/key replacement

Amount: $172.00
Awarded to: Landlord
Reason: Lock/key replacement

Repairs: wall fixings removed and repairs

Amount: $460.00
Awarded to: Landlord
Reason: Repairs: wall fixings removed and repairs

Claim types — money lines allowed on this order

Filing Fee Property damage

Order

Jamie Mills must pay Otautahi Community Housing Trust $3,963.72 immediately, calculated as shown in table below.
The Bond Centre is to pay the bond of $256.00 (6088474-006) to Otautahi Community Housing Trust immediately.

Reasons

The landlord attended the hearing. The tenant did not answer either of the calls made at the scheduled time to the number provided to the Tribunal. Because I am satisfied the tenant received correct notice of the hearing, the hearing was conducted in their absence.
The landlord has applied for compensation, refund of the bond, and reimbursement of the filing fee following the end of the tenancy.

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.
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 is claiming for damage that has been intentionally caused to the premises: This includes the following: a. Large areas of the premises which have been partially painted to a very poor standard. b. Numerous fixings have been attached to the walls and ceilings including a large wooden pallet. c. Silver flashing tape with a heavy grade adhesive used to line a wardrobe, and a hole made in the wardrobe wall.
The remedial work included: a. Removing all wall fixings. b. Repairing concrete walls, and other walls. c. Plastering and pigment sealing. d. Fully repainting. e. Replacing locks.
The landlord provided photos, oral evidence and invoices in support of their application.
The landlord is not claiming the full amount of the remedial work but has reduced the amounts to account for wear and tear.
I have reduced the award for painting slightly to align with depreciation of paint over an eight year period. The other claims are awarded in full. The amounts are proved.
Because Otautahi Community Housing Trust has substantially succeeded with the claim I have reimbursed the filing fee.

Tenancy Tribunal case 4869781 — Property damage at Unit/Flat Flat 6C, 183 Strickland Street, Addington,

At a glance

Tenancy Tribunal case 4869781 — Property damage at Unit/Flat Flat 6C, 183 Strickland Street, Addington,

At a glance

Award balance

Claims & awards

Order

Reasons

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

Is the tenant responsible for the damage to the premises?

Topics & place

Residential Tenancies Act sections

Key findings

Property management

Frequently asked questions