What was the outcome of Tenancy Tribunal case 4874192?

The tribunal order states: Tracey Awhina Springer must pay Tbt Property Management Limited

How much money was awarded in case 4874192?

Previous Order Application 4874192 D…: $1,678.33 awarded to landlord; Property Damage: $322.00 awarded to landlord; Property Damage: $1,092.50 awarded to landlord; Rent Arrears: $1,757.14 awarded to landlord; plastering, sanding, and painting 14…: $2,530.00 awarded to landlord; Regibbing Entire Garage Walls: $1,092.50 awarded to landlord; Replacing 9 Smashed Windows: $1,449.00 awarded to landlord; Replacing Bathtub: $1,667.50 awarded to landlord; Replacing Smashed Internal Doors: $1,725.00 awarded to landlord; Replacing Door Stops: $92.00 awarded to landlord; Rubbish Removal: $747.50 awarded to landlord; Smoke Alarms: $126.50 awarded to landlord; Unblocking Kitchen Sink: $169.63 awarded to landlord; Water Rates: $581.11 awarded to landlord

What type of tenancy dispute was case 4874192?

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

Where can I read the official tribunal order for case 4874192?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/10827882-Tribunal_Order.pdf.

What was the outcome of Tenancy Tribunal case 4874192?

The tribunal order states: Tracey Awhina Springer must pay Tbt Property Management Limited

How much money was awarded in case 4874192?

Previous Order Application 4874192 D…: $1,678.33 awarded to landlord; Property Damage: $322.00 awarded to landlord; Property Damage: $1,092.50 awarded to landlord; Rent Arrears: $1,757.14 awarded to landlord; plastering, sanding, and painting 14…: $2,530.00 awarded to landlord; Regibbing Entire Garage Walls: $1,092.50 awarded to landlord; Replacing 9 Smashed Windows: $1,449.00 awarded to landlord; Replacing Bathtub: $1,667.50 awarded to landlord; Replacing Smashed Internal Doors: $1,725.00 awarded to landlord; Replacing Door Stops: $92.00 awarded to landlord; Rubbish Removal: $747.50 awarded to landlord; Smoke Alarms: $126.50 awarded to landlord; Unblocking Kitchen Sink: $169.63 awarded to landlord; Water Rates: $581.11 awarded to landlord

What type of tenancy dispute was case 4874192?

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

Where can I read the official tribunal order for case 4874192?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/10827882-Tribunal_Order.pdf.

44 McKean Avenue, Manurewa, Auckland 2102 Tenancy Tribunal Case 4874192 — Property damage

Claims and awards in Tenancy Tribunal application 4874192 — net $11,830.71 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears	$1,757.14	Rent arrears
Previous order application 4874192 dated 11/06/2024	$1,678.33	Previous order application 4874192 dated 11/06/2024
Water rates	$581.11	Water rates
Unblocking kitchen sink	$169.63	Unblocking kitchen sink
Repairs: plastering, sanding, and painting 14 walls	$2,530.00	Repairs: plastering, sanding, and painting 14 walls
Repairs: replacing 9 smashed windows	$1,449.00	Repairs: replacing 9 smashed windows
Replacing smoke alarms	$126.50	Replacing smoke alarms
Lock/key replacement	$322.00	Lock/key replacement
Replacement garage door	$1,092.50	Replacement garage door
Rubbish removal	$747.50	Rubbish removal
Repairs: replacing smashed internal doors	$1,725.00	Repairs: replacing smashed internal doors
Repairs: Regibbing entire garage walls	$1,092.50	Repairs: Regibbing entire garage walls
Replacing door stops	$92.00	Replacing door stops
Repairs: replacing bathtub	$1,667.50	Repairs: replacing bathtub
Net award	$11,830.71
Total payable by Tenant to Landlord	$11,830.71

Order

Tracey Awhina Springer must pay Tbt Property Management Limited $11,830.71 immediately being rent arrears, water bills, rubbish removal, previous order, locksmith costs, repairs, smoke alarms, as calculated and shown in table below. DescriptionLandlord Rent arrears$1,757.14 Previous order application 4874192 dated 11/06/2024$1,678.33 Water rates$581.11 Unblocking kitchen sink$169.63 Repairs: plastering, sanding, and painting 14 walls$2,530.00 Repairs: replacing 9 smashed windows$1,449.00 Replacing smoke alarms$126.50 Lock/key replacement$322.00 Replacement garage door$1,092.50 Rubbish removal$747.50 Repairs: replacing smashed internal doors$1,725.00 Repairs: Regibbing entire garage walls$1,092.50 Replacing door stops$92.00 Repairs: replacing bathtub$1,667.50 Total award$15,030.71 Minus Bond-$3,200.00 Total payable by Tenant to Landlord$11,830.71
This order incorporates the Tribunal order made on 11 June 2024 under application 4874192.
The Bond Centre is to pay the bond of $3,200.00 (6455137-006) to Tbt Property Management Limited immediately.

Reasons

The landlord attended the hearing, the tenant did not appear.
This is a part heard application. Both parties appeared at the hearing scheduled on 11 June 2024. That hearing was adjourned to allow the tenant to file her counter claim and for the landlord to quantify their vacated losses after the termination of the tenancy.
The tenant did not file a counter claim. There was an order issued by me on 11 June 2024 for termination for anti-social behaviour, rent arrears, water bills and filing fee. The tenant left the property but has not paid the rent arrears and water bill as awarded to the landlord in my order of 11 June 2024. I therefore incorporate the previous order in this order.
The tenancy was terminated on 10 June 2024. The tenant and her family caused major damage to the property at the time of terminating the tenancy. This hearing was to determine the vacated costs.
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 [and water rates]?
The tenancy ended on 10 June 2024. The landlord provided rent records and water rates invoices which prove the amount of $1757.14 owing in rent arrears and $581.11 in water bills owing at the end of the tenancy.
I am satisfied that the landlord has proven their claim for rent arrears and water bills.

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 is required to replace worn out smoke alarm batteries during the tenancy. See section 40(1) (ca) Residential Tenancies Act 1986. The tenant must also replace standard light bulbs.
The tenant did not leave the premises reasonably clean and tidy and did not remove all rubbish.
The tenant did not return the keys.
The landlord provided the Tribunal with a pre-let inspection report, an exit inspection report, and a number of invoices.
The pre let inspection and photos show a well-maintained attractive home. The exit inspection report and photos show a property badly damaged, dirty and rubbish left throughout the property.
The landlord provided invoices from Alison Plumbing for $169.63 to unblock and clean out the kitchen sink, and an invoice from Prime Renovations Limited for $747.50 for rubbish removal, and $322.00 for changing the locks and keys at the property. The tenants did not return the keys to the landlord at the end of the tenancy.
The landlord had to replace light bulbs and smoke alarm at the end of the tenancy as the tenants had removed them from the house. The landlord provided an invoice from Reflective Home Renovations for $126.50 to replace the smoke alarms.
I am satisfied that the landlord has proven their claims for rubbish removal, key and smoke alarm replacement and unblocking the sink.
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 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: -14 internal walls were smashed and had multiple holes in them. -9 windows were smashed and had to be replaced. -The sleep out walls were destroyed and had to be completely replaced. -6 smashed internal doors, with holes punched into them, cracked and damaged. -The bathtub lining was destroyed and could not be repaired. - The garage door was removed and missing and had to be replaced with a second-hand garage door.
The landlord has provided extensive photos and an exit report that shows the extensive damaged caused to this property.
The landlord had provided an invoice from 24 Glass repairs dated 7 August 2024 for $1449.00 for window glass replacement. An invoice for $2530.00 dated 29 July 2024 from Perfection Painting for the interior plastering, sanding, and painting of the 14 damaged walls. Finally, an invoice dated 25 July 2024 from Prime Renovations Limited for $1725.00 to replace 6 smashed internal doors, $1092.50 to re-gib the sleepout, $1667.50 to replace the bathtub, $92.00 to replace door stoppers and $1092.50 to replace the garage door.
The damage is more than fair wear and tear, and the tenant has not disproved liability for the damage. I cannot accept any other possible explanation for the extensive damage to this property other than deliberate intentional damage after having their tenancy terminated because of repeated anti-social behaviour.
I am satisfied that the landlord has proven their claims for the damage to the property.
The amounts ordered are proved.
I have taken into account betterment and depreciation. The landlord should be returned to the position they would have been in had the tenant not breached their obligations and should not be better or worse off. In calculating depreciation, I have taken into account the age and condition of the items at the start of the tenancy and their likely useful lifespan.
The landlord had previous fixed damage done to the property by the tenants. In October 2023 the landlord was able to claim on his insurance to cover the cost of the damage the tenants had previously caused to the property. The repairs were done, and the tenant has subsequently continued to damage or allow others to damage the property.
The landlord was unable to claim on his insurance for this damage. While the property is an older property, some of the damage caused had been repaired only 6 months prior.
I am not taking depreciation into account as parts of this property were destroyed not just damaged. The property had been well maintained at the start of the tenancy according to the photos and the pre-let inspection report. The property had been repaired only 6 months earlier and the tenant allowed to stay at the property on the proviso that there was no further intentional damage.
The landlord should have an expectation that the property will be taken care of by tenants.
On 11 June 2024 the Tribunal made an order relating to this tenancy, for rent arrears and water bills to May 2024. The previous order is incorporated into this order for enforcement purposes.
The bond is to be refunded to the landlord immediately to offset the debt owed by the tenant to the landlord.
The filing fee was ordered in the previous order dated 11 June 2024.

Claims and awards in Tenancy Tribunal application 4874192 — net $11,830.71 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears	$1,757.14	Rent arrears
Previous order application 4874192 dated 11/06/2024	$1,678.33	Previous order application 4874192 dated 11/06/2024
Water rates	$581.11	Water rates
Unblocking kitchen sink	$169.63	Unblocking kitchen sink
Repairs: plastering, sanding, and painting 14 walls	$2,530.00	Repairs: plastering, sanding, and painting 14 walls
Repairs: replacing 9 smashed windows	$1,449.00	Repairs: replacing 9 smashed windows
Replacing smoke alarms	$126.50	Replacing smoke alarms
Lock/key replacement	$322.00	Lock/key replacement
Replacement garage door	$1,092.50	Replacement garage door
Rubbish removal	$747.50	Rubbish removal
Repairs: replacing smashed internal doors	$1,725.00	Repairs: replacing smashed internal doors
Repairs: Regibbing entire garage walls	$1,092.50	Repairs: Regibbing entire garage walls
Replacing door stops	$92.00	Replacing door stops
Repairs: replacing bathtub	$1,667.50	Repairs: replacing bathtub
Net award	$11,830.71
Total payable by Tenant to Landlord	$11,830.71

Order

Tracey Awhina Springer must pay Tbt Property Management Limited $11,830.71 immediately being rent arrears, water bills, rubbish removal, previous order, locksmith costs, repairs, smoke alarms, as calculated and shown in table below. DescriptionLandlord Rent arrears$1,757.14 Previous order application 4874192 dated 11/06/2024$1,678.33 Water rates$581.11 Unblocking kitchen sink$169.63 Repairs: plastering, sanding, and painting 14 walls$2,530.00 Repairs: replacing 9 smashed windows$1,449.00 Replacing smoke alarms$126.50 Lock/key replacement$322.00 Replacement garage door$1,092.50 Rubbish removal$747.50 Repairs: replacing smashed internal doors$1,725.00 Repairs: Regibbing entire garage walls$1,092.50 Replacing door stops$92.00 Repairs: replacing bathtub$1,667.50 Total award$15,030.71 Minus Bond-$3,200.00 Total payable by Tenant to Landlord$11,830.71
This order incorporates the Tribunal order made on 11 June 2024 under application 4874192.
The Bond Centre is to pay the bond of $3,200.00 (6455137-006) to Tbt Property Management Limited immediately.

Reasons

The landlord attended the hearing, the tenant did not appear.
This is a part heard application. Both parties appeared at the hearing scheduled on 11 June 2024. That hearing was adjourned to allow the tenant to file her counter claim and for the landlord to quantify their vacated losses after the termination of the tenancy.
The tenant did not file a counter claim. There was an order issued by me on 11 June 2024 for termination for anti-social behaviour, rent arrears, water bills and filing fee. The tenant left the property but has not paid the rent arrears and water bill as awarded to the landlord in my order of 11 June 2024. I therefore incorporate the previous order in this order.
The tenancy was terminated on 10 June 2024. The tenant and her family caused major damage to the property at the time of terminating the tenancy. This hearing was to determine the vacated costs.
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 [and water rates]?
The tenancy ended on 10 June 2024. The landlord provided rent records and water rates invoices which prove the amount of $1757.14 owing in rent arrears and $581.11 in water bills owing at the end of the tenancy.
I am satisfied that the landlord has proven their claim for rent arrears and water bills.

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 is required to replace worn out smoke alarm batteries during the tenancy. See section 40(1) (ca) Residential Tenancies Act 1986. The tenant must also replace standard light bulbs.
The tenant did not leave the premises reasonably clean and tidy and did not remove all rubbish.
The tenant did not return the keys.
The landlord provided the Tribunal with a pre-let inspection report, an exit inspection report, and a number of invoices.
The pre let inspection and photos show a well-maintained attractive home. The exit inspection report and photos show a property badly damaged, dirty and rubbish left throughout the property.
The landlord provided invoices from Alison Plumbing for $169.63 to unblock and clean out the kitchen sink, and an invoice from Prime Renovations Limited for $747.50 for rubbish removal, and $322.00 for changing the locks and keys at the property. The tenants did not return the keys to the landlord at the end of the tenancy.
The landlord had to replace light bulbs and smoke alarm at the end of the tenancy as the tenants had removed them from the house. The landlord provided an invoice from Reflective Home Renovations for $126.50 to replace the smoke alarms.
I am satisfied that the landlord has proven their claims for rubbish removal, key and smoke alarm replacement and unblocking the sink.
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 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: -14 internal walls were smashed and had multiple holes in them. -9 windows were smashed and had to be replaced. -The sleep out walls were destroyed and had to be completely replaced. -6 smashed internal doors, with holes punched into them, cracked and damaged. -The bathtub lining was destroyed and could not be repaired. - The garage door was removed and missing and had to be replaced with a second-hand garage door.
The landlord has provided extensive photos and an exit report that shows the extensive damaged caused to this property.
The landlord had provided an invoice from 24 Glass repairs dated 7 August 2024 for $1449.00 for window glass replacement. An invoice for $2530.00 dated 29 July 2024 from Perfection Painting for the interior plastering, sanding, and painting of the 14 damaged walls. Finally, an invoice dated 25 July 2024 from Prime Renovations Limited for $1725.00 to replace 6 smashed internal doors, $1092.50 to re-gib the sleepout, $1667.50 to replace the bathtub, $92.00 to replace door stoppers and $1092.50 to replace the garage door.
The damage is more than fair wear and tear, and the tenant has not disproved liability for the damage. I cannot accept any other possible explanation for the extensive damage to this property other than deliberate intentional damage after having their tenancy terminated because of repeated anti-social behaviour.
I am satisfied that the landlord has proven their claims for the damage to the property.
The amounts ordered are proved.
I have taken into account betterment and depreciation. The landlord should be returned to the position they would have been in had the tenant not breached their obligations and should not be better or worse off. In calculating depreciation, I have taken into account the age and condition of the items at the start of the tenancy and their likely useful lifespan.
The landlord had previous fixed damage done to the property by the tenants. In October 2023 the landlord was able to claim on his insurance to cover the cost of the damage the tenants had previously caused to the property. The repairs were done, and the tenant has subsequently continued to damage or allow others to damage the property.
The landlord was unable to claim on his insurance for this damage. While the property is an older property, some of the damage caused had been repaired only 6 months prior.
I am not taking depreciation into account as parts of this property were destroyed not just damaged. The property had been well maintained at the start of the tenancy according to the photos and the pre-let inspection report. The property had been repaired only 6 months earlier and the tenant allowed to stay at the property on the proviso that there was no further intentional damage.
The landlord should have an expectation that the property will be taken care of by tenants.
On 11 June 2024 the Tribunal made an order relating to this tenancy, for rent arrears and water bills to May 2024. The previous order is incorporated into this order for enforcement purposes.
The bond is to be refunded to the landlord immediately to offset the debt owed by the tenant to the landlord.
The filing fee was ordered in the previous order dated 11 June 2024.

Tenancy Tribunal case 4874192 — Property damage at 44 McKean Avenue, Manurewa, Auckland 2102

At a glance

Tenancy Tribunal case 4874192 — Property damage at 44 McKean Avenue, Manurewa, Auckland 2102

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