What was the outcome of Tenancy Tribunal case 4939715?

The tribunal order states: Joe Persico must pay Rd & Ba Mckay Trust $11,657.00 immediately, calculated

How much money was awarded in case 4939715?

Filing Fee: $27.00 awarded to landlord; Property Damage: $12,000.00 awarded to landlord

What type of tenancy dispute was case 4939715?

The primary dispute was Property damage.

Where can I read the official tribunal order for case 4939715?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/10758777-Tenancy_Tribunal_Order.pdf.

What was the outcome of Tenancy Tribunal case 4939715?

The tribunal order states: Joe Persico must pay Rd & Ba Mckay Trust $11,657.00 immediately, calculated

How much money was awarded in case 4939715?

Filing Fee: $27.00 awarded to landlord; Property Damage: $12,000.00 awarded to landlord

What type of tenancy dispute was case 4939715?

The primary dispute was Property damage.

Where can I read the official tribunal order for case 4939715?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/10758777-Tenancy_Tribunal_Order.pdf.

23 Stout Street, Masterton 5810 Tenancy Tribunal Case 4939715 — Property damage

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23 Stout Street, Masterton 5810 Tenancy Tribunal Case 4939715 — 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 4939715 — net $11,657.00 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Repairs	$12,000.00	Repairs
Filing fee reimbursement	$27.00	Filing fee reimbursement
Net award	$11,657.00
Total payable by Tenant to Landlord	$11,657.00

Claims and awards for application 4939715 — net $11,657.00 NZD. Verify on MoJ.

Repairs

Amount: $12,000.00
Awarded to: Landlord
Reason: Repairs

Filing fee reimbursement

Amount: $27.00
Awarded to: Landlord
Reason: Filing fee reimbursement

Net award

Landlord $11,657.00

Total payable by Tenant to Landlord

Landlord $11,657.00

Claim types — money lines allowed on this order

Filing Fee Property damage

Order

Joe Persico must pay Rd & Ba Mckay Trust $11,657.00 immediately, calculated as shown in table below.
The Bond Centre is to pay the bond of $370.00 (3397561) to Rd & Ba Mckay Trust immediately.

Reasons

The landlord attended the hearing, represented by one of the Trustees, Mr Rex Mckay.
The landlord has applied for compensation, refund of the bond, and reimbursement of the filing fee following the end of the tenancy.
The tenancy began on 4 October 2004 and ended on 14 June 2024 as a result of the landlord giving 90 days’ notice because they were selling the property.
The landlord said that they attended the property with the real estate agent on 7 February 2024 before the house went on the market. The door to the spare bedroom was locked. The tenant said his son had locked it.
On 14 April the landlord entered into a conditional agreement for sale and purchase of the property. The spare bedroom had remained locked. The agreement was subject to a satisfactory builder’s report.
On 30 April 2024 the landlord attended for a pre-settlement inspection. The bedroom was open. Considerable damage was in the room, including: a. The polished particle floor had been removed and replaced with plywood which was not safely secured. It was wet and spongy. b. There was a hole in the ceiling which had been covered with board and taped down, and cracks in the ceiling. c. Wardrobe doors had been removed. d. There were holes in the wall and in a door.
The prospective purchaser raised some other smaller issues.
Negotiations followed about a reduction in the purchase price. The purchaser provided a quote for repairs and sought a reduction of $19,500.
The landlord provided a quote for $9,200.
The parties eventually agreed on the sum of $12,000.

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.
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 confirmed that the damage described above was not present at the start of the tenancy.
The damage is more than fair wear and tear, and the tenant has not disproved liability for the damage.
Had the tenant made the room available for viewing before the property was sold, the landlord may have been able to attend to the repairs for the cost of $9,200, as quoted by his builder. However, with an agreement for sale and purchase already signed, it was reasonable that the landlord compromised on the deduction of $12,000.
The amounts ordered are proved.
Because Rd & Ba Mckay Trust has wholly succeeded with the claim I must reimburse the filing fee.

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 4939715 — net $11,657.00 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Repairs	$12,000.00	Repairs
Filing fee reimbursement	$27.00	Filing fee reimbursement
Net award	$11,657.00
Total payable by Tenant to Landlord	$11,657.00

Claims and awards for application 4939715 — net $11,657.00 NZD. Verify on MoJ.

Repairs

Amount: $12,000.00
Awarded to: Landlord
Reason: Repairs

Filing fee reimbursement

Amount: $27.00
Awarded to: Landlord
Reason: Filing fee reimbursement

Net award

Landlord $11,657.00

Total payable by Tenant to Landlord

Landlord $11,657.00

Claim types — money lines allowed on this order

Filing Fee Property damage

Order

Joe Persico must pay Rd & Ba Mckay Trust $11,657.00 immediately, calculated as shown in table below.
The Bond Centre is to pay the bond of $370.00 (3397561) to Rd & Ba Mckay Trust immediately.

Reasons

The landlord attended the hearing, represented by one of the Trustees, Mr Rex Mckay.
The landlord has applied for compensation, refund of the bond, and reimbursement of the filing fee following the end of the tenancy.
The tenancy began on 4 October 2004 and ended on 14 June 2024 as a result of the landlord giving 90 days’ notice because they were selling the property.
The landlord said that they attended the property with the real estate agent on 7 February 2024 before the house went on the market. The door to the spare bedroom was locked. The tenant said his son had locked it.
On 14 April the landlord entered into a conditional agreement for sale and purchase of the property. The spare bedroom had remained locked. The agreement was subject to a satisfactory builder’s report.
On 30 April 2024 the landlord attended for a pre-settlement inspection. The bedroom was open. Considerable damage was in the room, including: a. The polished particle floor had been removed and replaced with plywood which was not safely secured. It was wet and spongy. b. There was a hole in the ceiling which had been covered with board and taped down, and cracks in the ceiling. c. Wardrobe doors had been removed. d. There were holes in the wall and in a door.
The prospective purchaser raised some other smaller issues.
Negotiations followed about a reduction in the purchase price. The purchaser provided a quote for repairs and sought a reduction of $19,500.
The landlord provided a quote for $9,200.
The parties eventually agreed on the sum of $12,000.

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.
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 confirmed that the damage described above was not present at the start of the tenancy.
The damage is more than fair wear and tear, and the tenant has not disproved liability for the damage.
Had the tenant made the room available for viewing before the property was sold, the landlord may have been able to attend to the repairs for the cost of $9,200, as quoted by his builder. However, with an agreement for sale and purchase already signed, it was reasonable that the landlord compromised on the deduction of $12,000.
The amounts ordered are proved.
Because Rd & Ba Mckay Trust has wholly succeeded with the claim I must reimburse the filing fee.

Tenancy Tribunal case 4939715 — Property damage at 23 Stout Street, Masterton 5810

At a glance

Tenancy Tribunal case 4939715 — Property damage at 23 Stout Street, Masterton 5810

At a glance

Award balance

Claims & awards

Order

Reasons

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

Is the tenant responsible for the damage to the premises?

Topics & place

Residential Tenancies Act sections

Key findings

Property management

Frequently asked questions