What was the outcome of Tenancy Tribunal case 4890600?

The tribunal order states: Mona Bernadean Gael Leef and Corey Fox must pay Ray White Remuera

How much money was awarded in case 4890600?

Compensation: Bond already returned…: $2,800.00 awarded to tenant; Filing Fee: $20.44 awarded to landlord; Property Damage: $1,667.50 awarded to landlord; Rent Arrears: $5,150.00 awarded to landlord; Broken Glass And Window Stays: $931.50 awarded to landlord

What type of tenancy dispute was case 4890600?

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

Where can I read the official tribunal order for case 4890600?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/10759498-Tenancy_Tribunal_Order.pdf.

What was the outcome of Tenancy Tribunal case 4890600?

The tribunal order states: Mona Bernadean Gael Leef and Corey Fox must pay Ray White Remuera

How much money was awarded in case 4890600?

Compensation: Bond already returned…: $2,800.00 awarded to tenant; Filing Fee: $20.44 awarded to landlord; Property Damage: $1,667.50 awarded to landlord; Rent Arrears: $5,150.00 awarded to landlord; Broken Glass And Window Stays: $931.50 awarded to landlord

What type of tenancy dispute was case 4890600?

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

Where can I read the official tribunal order for case 4890600?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/10759498-Tenancy_Tribunal_Order.pdf.

43 Motu Road, Kumeu, RD 1, Kumeu 0891 Tenancy Tribunal Case 4890600 — Rent arrears

Reasons

Claims and awards in Tenancy Tribunal application 4890600 — net $4,969.44 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Tenant	Reason
Rent arrears (to 15/04/24	$5,150.00		Rent arrears (to 15/04/24
Repairs	$1,667.50		Repairs
Repairs: Broken glass and window stays	$931.50		Repairs: Broken glass and window stays
Filing fee reimbursement	$20.44		Filing fee reimbursement
Compensation: Bond already returned to the landlord		$2,800.00	Bond already returned to the landlord
Total award	$7,769.44	$2,800.00
Net award	$4,969.44
Total payable by Tenant to Landlord	$4,969.44

Both parties attended the hearing.

The landlord attended the hearing. The tenant did not.

I am satisfied that the tenant had received proper notice of the hearing time, date and place and chose not to attend.

The landlord has applied for rent arrears, compensation, and reimbursement of the filing fee.

How much is owed for rent?

The tenancy ended on 15 April 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?

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: a. Damaged kitchen cabinet; b. Water pipe dredge required for blockage; c. Broken locks and door frames that required repair or replacement; d. Change two-bedroom doors that were not repairable and the busted locks; e. Holes in walls that required plaster, sanding and painting; f. Broken wall fittings; g. Two broken window hinges; h. Four broken windows; and i. A broken fireplace door glass panel.

I am satisfied from the photographic evidence the landlord provided that most of the damage was intentional and what was not intentional was careless and more than fair wear and tear. The tenant has not disproved liability for the damage.

The amounts ordered are proved.

I have considered 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 considered the age and condition of the items at the start of the tenancy and their likely useful lifespan. Reimbursement of filing fee

The landlord has been substantially successful in its claims, I must reimburse the filing fee. Refer to s102(4) of the RTA.

Claims and awards in Tenancy Tribunal application 4890600 — net $4,969.44 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Tenant	Reason
Rent arrears (to 15/04/24	$5,150.00		Rent arrears (to 15/04/24
Repairs	$1,667.50		Repairs
Repairs: Broken glass and window stays	$931.50		Repairs: Broken glass and window stays
Filing fee reimbursement	$20.44		Filing fee reimbursement
Compensation: Bond already returned to the landlord		$2,800.00	Bond already returned to the landlord
Total award	$7,769.44	$2,800.00
Net award	$4,969.44
Total payable by Tenant to Landlord	$4,969.44

Order

Mona Bernadean Gael Leef and Corey Fox must pay Ray White Remuera Property Management Limited $4,969.44 immediately, calculated as shown in table below.

Reasons

Both parties attended the hearing.
The landlord attended the hearing. The tenant did not.
I am satisfied that the tenant had received proper notice of the hearing time, date and place and chose not to attend.
The landlord has applied for rent arrears, compensation, and reimbursement of the filing fee.

How much is owed for rent?

The tenancy ended on 15 April 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?

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: a. Damaged kitchen cabinet; b. Water pipe dredge required for blockage; c. Broken locks and door frames that required repair or replacement; d. Change two-bedroom doors that were not repairable and the busted locks; e. Holes in walls that required plaster, sanding and painting; f. Broken wall fittings; g. Two broken window hinges; h. Four broken windows; and i. A broken fireplace door glass panel.
I am satisfied from the photographic evidence the landlord provided that most of the damage was intentional and what was not intentional was careless and more than fair wear and tear. The tenant has not disproved liability for the damage.
The amounts ordered are proved.
I have considered 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 considered the age and condition of the items at the start of the tenancy and their likely useful lifespan. Reimbursement of filing fee
The landlord has been substantially successful in its claims, I must reimburse the filing fee. Refer to s102(4) of the RTA.

Tenancy Tribunal case 4890600 — Rent arrears at 43 Motu Road, Kumeu, RD 1, Kumeu 0891

At a glance

Tenancy Tribunal case 4890600 — Rent arrears at 43 Motu Road, Kumeu, RD 1, Kumeu 0891

At a glance

Award balance

Claims & awards

Order

Reasons

How much is owed for rent?

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

How much is owed for rent?

Is the tenant responsible for the damage to the premises?

Topics & place

Residential Tenancies Act sections

Key findings

Property management

Frequently asked questions