What was the outcome of Tenancy Tribunal case 4894042?

The tribunal order states: Aloe Brew must pay Lodge City Rentals Limited- Boarding House as Agent for

How much money was awarded in case 4894042?

Cleaning: $316.50 awarded to landlord; Filing Fee: $20.44 awarded to landlord; Overpaid Rent: $327.86 awarded to tenant; Property Damage: $325.00 awarded to landlord; Bathroom Door: $220.00 awarded to landlord; Glass Ranch Slider: $698.74 awarded to landlord

What type of tenancy dispute was case 4894042?

The primary dispute was Property damage. Related themes: Cleanliness.

Where can I read the official tribunal order for case 4894042?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/10644284-Tenancy_Tribunal_Order.pdf.

What was the outcome of Tenancy Tribunal case 4894042?

The tribunal order states: Aloe Brew must pay Lodge City Rentals Limited- Boarding House as Agent for

How much money was awarded in case 4894042?

Cleaning: $316.50 awarded to landlord; Filing Fee: $20.44 awarded to landlord; Overpaid Rent: $327.86 awarded to tenant; Property Damage: $325.00 awarded to landlord; Bathroom Door: $220.00 awarded to landlord; Glass Ranch Slider: $698.74 awarded to landlord

What type of tenancy dispute was case 4894042?

The primary dispute was Property damage. Related themes: Cleanliness.

Where can I read the official tribunal order for case 4894042?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/10644284-Tenancy_Tribunal_Order.pdf.

Room 1, 26 Hogan Street, Hillcrest, Hamilton 3216 Tenancy Tribunal Case 4894042 — Property damage

Order

Claims and awards in Tenancy Tribunal application 4894042 — net $232.82 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Tenant	Reason
Repairs: Bathroom door	$220.00		Repairs: Bathroom door
Cleaning	$316.50		Cleaning
Lock/key replacement	$325.00		Lock/key replacement
Repairs: Glass ranch slider	$698.74		Repairs: Glass ranch slider
Filing fee reimbursement	$20.44		Filing fee reimbursement
Overpaid rent		$327.86	Overpaid rent
Total award	$1,580.68	$327.86
Net award	$232.82
Total payable by Tenant to Landlord	$232.82

Aloe Brew must pay Lodge City Rentals Limited- Boarding House as Agent for Three Nations Partnership $232.82 immediately, calculated as shown in table below.

The Bond Centre is to pay the bond of $1,020.00 (5225487-020) to Lodge City Rentals Limited- Boarding House as agent for Three Nations Partnership immediately.

Reasons

The landlord attended the hearing. The tenant did not appear, and the hearing continued in their absence.

This is a boarding house tenancy which ended on 5 May 2024.

The landlord has applied for compensation, refund of the bond, and reimbursement of the filing fee following the end of the tenancy.

The landlord sought reimbursement of $27.00 for the filing fee. The application was filed in May 2024 the increased filing fee took effect on 1 July 2024.The landlord provided no evidence that this increased cost was paid. The amount claimed is not awarded.

The tenant overpaid rent of $327.86 and this has been used as a credit against end of tenancy claims.

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. Photographs were provided showing an unclean and very untidy room.

The tenant did not return the keys.

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.

A pre tenancy inspection was provided establishing that the following damage was caused during the tenancy: 1) The glass ranch slider was broken. 2) The bathroom door was broken. The invoice for this door included other items not claimed in the hearing and the costs were not individualised. A nominal amount is awarded. 3) The landlord claimed for damages to a door jamb and window frame in the common area. Other tenants in the boarding house use this area. There was no evidence provided establishing that the area was not damaged before the tenant moved in or that the tenant caused this damage. This claim is dismissed.

The damage is more than fair wear and tear, and the tenant has not disproved liability for the damage.

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.

Because Lodge City Rentals Limited- Boarding House as agent for Three Nations Partnership has substantially succeeded with the claim I have reimbursed the filing fee.

Claims and awards in Tenancy Tribunal application 4894042 — net $232.82 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Tenant	Reason
Repairs: Bathroom door	$220.00		Repairs: Bathroom door
Cleaning	$316.50		Cleaning
Lock/key replacement	$325.00		Lock/key replacement
Repairs: Glass ranch slider	$698.74		Repairs: Glass ranch slider
Filing fee reimbursement	$20.44		Filing fee reimbursement
Overpaid rent		$327.86	Overpaid rent
Total award	$1,580.68	$327.86
Net award	$232.82
Total payable by Tenant to Landlord	$232.82

Order

Aloe Brew must pay Lodge City Rentals Limited- Boarding House as Agent for Three Nations Partnership $232.82 immediately, calculated as shown in table below.
The Bond Centre is to pay the bond of $1,020.00 (5225487-020) to Lodge City Rentals Limited- Boarding House as agent for Three Nations Partnership immediately.

Reasons

The landlord attended the hearing. The tenant did not appear, and the hearing continued in their absence.
This is a boarding house tenancy which ended on 5 May 2024.
The landlord has applied for compensation, refund of the bond, and reimbursement of the filing fee following the end of the tenancy.
The landlord sought reimbursement of $27.00 for the filing fee. The application was filed in May 2024 the increased filing fee took effect on 1 July 2024.The landlord provided no evidence that this increased cost was paid. The amount claimed is not awarded.
The tenant overpaid rent of $327.86 and this has been used as a credit against end of tenancy claims.

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. Photographs were provided showing an unclean and very untidy room.
The tenant did not return the keys.
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.
A pre tenancy inspection was provided establishing that the following damage was caused during the tenancy: 1) The glass ranch slider was broken. 2) The bathroom door was broken. The invoice for this door included other items not claimed in the hearing and the costs were not individualised. A nominal amount is awarded. 3) The landlord claimed for damages to a door jamb and window frame in the common area. Other tenants in the boarding house use this area. There was no evidence provided establishing that the area was not damaged before the tenant moved in or that the tenant caused this damage. This claim is dismissed.
The damage is more than fair wear and tear, and the tenant has not disproved liability for the damage.
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.
Because Lodge City Rentals Limited- Boarding House as agent for Three Nations Partnership has substantially succeeded with the claim I have reimbursed the filing fee.

Tenancy Tribunal case 4894042 — Property damage at Room 1, 26 Hogan Street, Hillcrest, Hamilton 3216

At a glance

Tenancy Tribunal case 4894042 — Property damage at Room 1, 26 Hogan Street, Hillcrest, Hamilton 3216

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