What was the outcome of Tenancy Tribunal case 4871066?

The tribunal order states: Montana Tui Ngahuia Leigh Kelly Tawaka must pay Ranga Homes Trustee

How much money was awarded in case 4871066?

Property Damage: $1,000.00 awarded to landlord; Cleaning: $2,500.00 awarded to landlord; Property Damage: $500.00 awarded to landlord; Rubbish Removal: $780.00 awarded to landlord; Property Damage: $2,202.25 awarded to landlord

What type of tenancy dispute was case 4871066?

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

Where can I read the official tribunal order for case 4871066?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/10735017-Tribunal_Order.pdf.

What was the outcome of Tenancy Tribunal case 4871066?

The tribunal order states: Montana Tui Ngahuia Leigh Kelly Tawaka must pay Ranga Homes Trustee

How much money was awarded in case 4871066?

Property Damage: $1,000.00 awarded to landlord; Cleaning: $2,500.00 awarded to landlord; Property Damage: $500.00 awarded to landlord; Rubbish Removal: $780.00 awarded to landlord; Property Damage: $2,202.25 awarded to landlord

What type of tenancy dispute was case 4871066?

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

Where can I read the official tribunal order for case 4871066?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/10735017-Tribunal_Order.pdf.

Unit/Flat 1, 213 St George Street, Papatoetoe, Auckland Tenancy Tribunal Case 4871066 — Property damage

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Unit/Flat 1, 213 St George Street, Papatoetoe, Auckland Tenancy Tribunal Case 4871066 — 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 4871066 — net $6,982.25 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rubbish removal	$780.00	Rubbish removal
Meth testing/Cleaning: (limited to insurance excess	$2,500.00	Meth testing/Cleaning: (limited to insurance excess
Repairs: to conservatory (limited to insurance excess	$500.00	Repairs: to conservatory (limited to insurance excess
Window repairs: (intentional damage	$2,202.25	Window repairs: (intentional damage
Exemplary damages for using the premises for an unlawful purpose	$1,000.00	Exemplary damages for using the premises for an unlawful purpose
Net award	$6,982.25
Total payable by Tenant to Landlord	$6,982.25

Claims and awards for application 4871066 — net $6,982.25 NZD. Verify on MoJ.

Rubbish removal

Amount: $780.00
Awarded to: Landlord
Reason: Rubbish removal

Meth testing/Cleaning: (limited to insurance excess

Amount: $2,500.00
Awarded to: Landlord
Reason: Meth testing/Cleaning: (limited to insurance excess

Repairs: to conservatory (limited to insurance excess

Amount: $500.00
Awarded to: Landlord
Reason: Repairs: to conservatory (limited to insurance excess

Window repairs: (intentional damage

Amount: $2,202.25
Awarded to: Landlord
Reason: Window repairs: (intentional damage

Exemplary damages for using the premises for an unlawful purpose

Amount: $1,000.00
Awarded to: Landlord

Claim types — money lines allowed on this order

Exemplary damages Cleanliness Property damage Rubbish Removal

Order

Montana Tui Ngahuia Leigh Kelly Tawaka must pay Ranga Homes Trustee Limited $6,982.25 immediately, calculated as shown in table below.

Reasons

Only the landlord attended the hearing.
The landlord has applied for compensation and exemplary damages following the end of the tenancy.

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

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. See section 40(1)(e)(ii)-(v) Residential Tenancies Act 1986.
The tenant did not leave the premises reasonably clean and tidy, and did not remove all rubbish.
The amounts ordered are proved.

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 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 premises were contaminated with methamphetamine. There is also significant and intentional damage to the conservatory and windows. The damage is more than fair wear and tear, and the tenant has not disproved liability for the damage.
The amounts ordered are proved; the tenant's liability has been limited to the lesser of the insurance excess where applicable.
By contaminating the premises with methamphetamine, the tenant has used the premises or permit the premises to be used for an unlawful purpose in breach of section 40(2)(b) Residential Tenancies Act 1986.
Breaching this obligation is an unlawful act for which exemplary damages may be awarded up to a maximum of $1,800.00. See section 40(3A)(c) and Schedule 1A Residential Tenancies Act 1986.
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) Residential Tenancies Act 1986.
Having regard to those factors, I am satisfied it would be just to order the tenant to pay exemplary damages to the landlord of $1,000.00.

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 4871066 — net $6,982.25 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rubbish removal	$780.00	Rubbish removal
Meth testing/Cleaning: (limited to insurance excess	$2,500.00	Meth testing/Cleaning: (limited to insurance excess
Repairs: to conservatory (limited to insurance excess	$500.00	Repairs: to conservatory (limited to insurance excess
Window repairs: (intentional damage	$2,202.25	Window repairs: (intentional damage
Exemplary damages for using the premises for an unlawful purpose	$1,000.00	Exemplary damages for using the premises for an unlawful purpose
Net award	$6,982.25
Total payable by Tenant to Landlord	$6,982.25

Claims and awards for application 4871066 — net $6,982.25 NZD. Verify on MoJ.

Rubbish removal

Amount: $780.00
Awarded to: Landlord
Reason: Rubbish removal

Meth testing/Cleaning: (limited to insurance excess

Amount: $2,500.00
Awarded to: Landlord
Reason: Meth testing/Cleaning: (limited to insurance excess

Repairs: to conservatory (limited to insurance excess

Amount: $500.00
Awarded to: Landlord
Reason: Repairs: to conservatory (limited to insurance excess

Window repairs: (intentional damage

Amount: $2,202.25
Awarded to: Landlord
Reason: Window repairs: (intentional damage

Exemplary damages for using the premises for an unlawful purpose

Amount: $1,000.00
Awarded to: Landlord

Claim types — money lines allowed on this order

Exemplary damages Cleanliness Property damage Rubbish Removal

Order

Montana Tui Ngahuia Leigh Kelly Tawaka must pay Ranga Homes Trustee Limited $6,982.25 immediately, calculated as shown in table below.

Reasons

Only the landlord attended the hearing.
The landlord has applied for compensation and exemplary damages following the end of the tenancy.

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

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. See section 40(1)(e)(ii)-(v) Residential Tenancies Act 1986.
The tenant did not leave the premises reasonably clean and tidy, and did not remove all rubbish.
The amounts ordered are proved.

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 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 premises were contaminated with methamphetamine. There is also significant and intentional damage to the conservatory and windows. The damage is more than fair wear and tear, and the tenant has not disproved liability for the damage.
The amounts ordered are proved; the tenant's liability has been limited to the lesser of the insurance excess where applicable.
By contaminating the premises with methamphetamine, the tenant has used the premises or permit the premises to be used for an unlawful purpose in breach of section 40(2)(b) Residential Tenancies Act 1986.
Breaching this obligation is an unlawful act for which exemplary damages may be awarded up to a maximum of $1,800.00. See section 40(3A)(c) and Schedule 1A Residential Tenancies Act 1986.
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) Residential Tenancies Act 1986.
Having regard to those factors, I am satisfied it would be just to order the tenant to pay exemplary damages to the landlord of $1,000.00.

Tenancy Tribunal case 4871066 — Property damage at Unit/Flat 1, 213 St George Street, Papatoetoe, Auckland

At a glance

Tenancy Tribunal case 4871066 — Property damage at Unit/Flat 1, 213 St George Street, Papatoetoe, Auckland

At a glance

Award balance

Claims & awards

Order

Reasons

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

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