What was the outcome of Tenancy Tribunal case 4896222?

The tribunal order states: Jason Maurice Connor must pay Unique Realty Limited As Agent For Jason

How much money was awarded in case 4896222?

Filing Fee: $20.44 awarded to landlord; Rent Arrears: $566.65 awarded to landlord; Property Damage: $6,300.00 awarded to landlord; Door Frame: $396.81 awarded to landlord; Property Damage: $625.85 awarded to landlord; Wardrobe Hole: $137.12 awarded to landlord

What type of tenancy dispute was case 4896222?

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

Where can I read the official tribunal order for case 4896222?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/10590228-Tenancy_Tribunal_Order.pdf.

What was the outcome of Tenancy Tribunal case 4896222?

The tribunal order states: Jason Maurice Connor must pay Unique Realty Limited As Agent For Jason

How much money was awarded in case 4896222?

Filing Fee: $20.44 awarded to landlord; Rent Arrears: $566.65 awarded to landlord; Property Damage: $6,300.00 awarded to landlord; Door Frame: $396.81 awarded to landlord; Property Damage: $625.85 awarded to landlord; Wardrobe Hole: $137.12 awarded to landlord

What type of tenancy dispute was case 4896222?

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

Where can I read the official tribunal order for case 4896222?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/10590228-Tenancy_Tribunal_Order.pdf.

8 Churchill Crescent, Foxton, Foxton 4814 Tenancy Tribunal Case 4896222 — Property damage

Order

Claims and awards in Tenancy Tribunal application 4896222 — net $8,046.87 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears	$566.65	Rent arrears
Repairs: 9 insurance excesses	$6,300.00	Repairs: 9 insurance excesses
Repairs: door frame	$396.81	Repairs: door frame
Repairs: wardrobe hole	$137.12	Repairs: wardrobe hole
Repairs: door repairs	$625.85	Repairs: door repairs
Filing fee reimbursement	$20.44	Filing fee reimbursement
Net award	$8,046.87
Total payable by Tenant to Landlord	$8,046.87

Jason Maurice Connor must pay Unique Realty Limited As Agent For Jason Conibear $8,046.87 immediately, calculated as shown in the table below. DescriptionLandlord Rent arrears$566.65 Repairs: 9 insurance excesses$6,300.00 Repairs: door frame$396.81 Repairs: wardrobe hole$137.12 Repairs: door repairs$625.85 Filing fee reimbursement$20.44 Total award$8,046.87 Total payable by Tenant to Landlord$8,046.87

Reasons

The landlord attended the hearing. The tenant did not attend the hearing.

The landlord made application to the Tribunal on 23 May 2024 which was more than two months after the end of the tenancy. This means that the application and other documents required to be served on the tenant must be posted to an address that the tenant has given to the landlord in writing within the last two months, or served in person on the tenant, or delivered to the tenant's place of residence, or given to an authorised agent of the tenant. See section 91A(2) Residential Tenancies Act 1986 (“RTA”).

The landlord has provided a contact address for the tenant that has been given to them in writing by text within the last two months. In addition, the landlord’s application has been sent by email to the email address provided by the tenant in the tenancy agreement as his address for service. I am satisfied that the tenant has received notice of the landlord’s application and of the hearing.

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

How much is owed for rent?

The tenancy ended on 5 March 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 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 landlord provided verbal and photographic evidence, together with the detailed insurance report, as evidence that the following damage was caused during the tenancy: a. There was extensive staining and damage to the carpets throughout the property. b. The flooring, floor coverings and skirting boards in the bathroom and laundry were water damaged by repeated floodings. c. There was damage to the walls in a bedroom and the hallway. d. There was a crack in the door frame to one bedroom. e. There was a hole in a wardrobe door. f. There were several stab marks in a door which required replacement.

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

Having considered the landlord’s evidence, the damage because of its scope and nature was intentional.

The amounts ordered are proved. These include nine insurance excesses of $700.00 each for: a. Five excesses for the carpet damage in three bedrooms, the lounge and the hallway. b. Two excesses for the floor and flooring damage to the bathroom and laundry. c. Two excesses for repairs to the walls in the hallway and one bedroom.

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. Because the amounts claimed are less than the actual cost of repair or replacement and have been limited to the amount of the insurance excess, it is not appropriate to deduct any amount from the sums claimed by the landlord. I am satisfied that the landlord will not be in a better position than it was at the start of the tenancy.

Because Unique Realty Limited As Agent For Jason Conibear has wholly succeeded with the claim I must reimburse the filing fee.

Claims and awards in Tenancy Tribunal application 4896222 — net $8,046.87 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears	$566.65	Rent arrears
Repairs: 9 insurance excesses	$6,300.00	Repairs: 9 insurance excesses
Repairs: door frame	$396.81	Repairs: door frame
Repairs: wardrobe hole	$137.12	Repairs: wardrobe hole
Repairs: door repairs	$625.85	Repairs: door repairs
Filing fee reimbursement	$20.44	Filing fee reimbursement
Net award	$8,046.87
Total payable by Tenant to Landlord	$8,046.87

Order

Jason Maurice Connor must pay Unique Realty Limited As Agent For Jason Conibear $8,046.87 immediately, calculated as shown in the table below. DescriptionLandlord Rent arrears$566.65 Repairs: 9 insurance excesses$6,300.00 Repairs: door frame$396.81 Repairs: wardrobe hole$137.12 Repairs: door repairs$625.85 Filing fee reimbursement$20.44 Total award$8,046.87 Total payable by Tenant to Landlord$8,046.87

Reasons

The landlord attended the hearing. The tenant did not attend the hearing.
The landlord made application to the Tribunal on 23 May 2024 which was more than two months after the end of the tenancy. This means that the application and other documents required to be served on the tenant must be posted to an address that the tenant has given to the landlord in writing within the last two months, or served in person on the tenant, or delivered to the tenant's place of residence, or given to an authorised agent of the tenant. See section 91A(2) Residential Tenancies Act 1986 (“RTA”).
The landlord has provided a contact address for the tenant that has been given to them in writing by text within the last two months. In addition, the landlord’s application has been sent by email to the email address provided by the tenant in the tenancy agreement as his address for service. I am satisfied that the tenant has received notice of the landlord’s application and of the hearing.
The landlord has applied for rent arrears, compensation and reimbursement of the filing fee following the end of the tenancy.

How much is owed for rent?

The tenancy ended on 5 March 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 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 landlord provided verbal and photographic evidence, together with the detailed insurance report, as evidence that the following damage was caused during the tenancy: a. There was extensive staining and damage to the carpets throughout the property. b. The flooring, floor coverings and skirting boards in the bathroom and laundry were water damaged by repeated floodings. c. There was damage to the walls in a bedroom and the hallway. d. There was a crack in the door frame to one bedroom. e. There was a hole in a wardrobe door. f. There were several stab marks in a door which required replacement.
The damage is more than fair wear and tear and the tenant has not disproved liability for the damage.
Having considered the landlord’s evidence, the damage because of its scope and nature was intentional.
The amounts ordered are proved. These include nine insurance excesses of $700.00 each for: a. Five excesses for the carpet damage in three bedrooms, the lounge and the hallway. b. Two excesses for the floor and flooring damage to the bathroom and laundry. c. Two excesses for repairs to the walls in the hallway and one bedroom.
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. Because the amounts claimed are less than the actual cost of repair or replacement and have been limited to the amount of the insurance excess, it is not appropriate to deduct any amount from the sums claimed by the landlord. I am satisfied that the landlord will not be in a better position than it was at the start of the tenancy.
Because Unique Realty Limited As Agent For Jason Conibear has wholly succeeded with the claim I must reimburse the filing fee.

Tenancy Tribunal case 4896222 — Property damage at 8 Churchill Crescent, Foxton, Foxton 4814

At a glance

Tenancy Tribunal case 4896222 — Property damage at 8 Churchill Crescent, Foxton, Foxton 4814

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