What was the outcome of Tenancy Tribunal case 5027476?

The tribunal order states: Katarina Ruruku must pay Team Group Rentals Limited As Agent For Kylie And

How much money was awarded in case 5027476?

Filing Fee: $27.00 awarded to landlord; Property Damage: $2,972.75 awarded to landlord

What type of tenancy dispute was case 5027476?

The primary dispute was Property damage.

Where can I read the official tribunal order for case 5027476?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/11301026-Tenancy_Tribunal_Order.pdf.

What was the outcome of Tenancy Tribunal case 5027476?

The tribunal order states: Katarina Ruruku must pay Team Group Rentals Limited As Agent For Kylie And

How much money was awarded in case 5027476?

Filing Fee: $27.00 awarded to landlord; Property Damage: $2,972.75 awarded to landlord

What type of tenancy dispute was case 5027476?

The primary dispute was Property damage.

Where can I read the official tribunal order for case 5027476?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/11301026-Tenancy_Tribunal_Order.pdf.

Unit/Flat Flat 5, 22 MacArthur Street, Levin, Levin 5510 Tenancy Tribunal Case 5027476 — Property damage

Reasons

Claims and awards in Tenancy Tribunal application 5027476 — net $2,999.75 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Repairs	$2,972.75	Repairs
Filing fee reimbursement	$27.00	Filing fee reimbursement
Net award	$2,999.75
Total payable by Tenant to Landlord	$2,999.75

The landlord attended the hearing, which was conducted by phone. Two attempts to reach the tenant were unsuccessful.

The landlord has applied for compensation for damage to the property, and reimbursement of the filing fee following the end of the tenancy.

The tenancy ended on 18 August 2024. The application was filed on 7 October 2024, but was not set down for hearing until today.

The landlord seeks reimbursement of $2,972.75 for a series of damage to the premises during the tenancy. Photos of the property at the start and the end of the tenancy were provided along with an invoice for repairs and painting.

The photos show torn wallpaper in the hallway and two places in the lounge. There is a very poor patch job on one wall in the lounge and a small round hole in one corner. There is nail polish on the window sills in the lounge, and on the bedroom wall, along with scribble on the bedroom wall. In the bathroom a mirrored cupboard door is missing from the bathroom cabinet and the towel rail is broken. There are chunks missing from the door frame to a door, and there is damage to the wall on the back porch. There is a large split to a kitchen wall and the door underneath the laundry tub has been broken.

This damage is not apparent in the photographs at the start of the tenancy and each of the incidents is more than fair wear and tear.

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 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.

It would have been preferable to have an itemised invoice and/or some photographs of the repairs undertaken, given the cost of the repairs on a property that was an older house that had not been renovated in some time. The amount claimed is considerable, but not clearly excessive, and the tenant did not attend the hearing to dispute it.

The amounts ordered is proved.

Because Team Group Rentals Limited As Agent For Kylie And Hadley Gardner has wholly succeeded with the claim I must reimburse the filing fee.

Claims and awards in Tenancy Tribunal application 5027476 — net $2,999.75 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Repairs	$2,972.75	Repairs
Filing fee reimbursement	$27.00	Filing fee reimbursement
Net award	$2,999.75
Total payable by Tenant to Landlord	$2,999.75

Order

Katarina Ruruku must pay Team Group Rentals Limited As Agent For Kylie And Hadley Gardner $2,999.75 immediately, calculated as shown in table below.

Reasons

The landlord attended the hearing, which was conducted by phone. Two attempts to reach the tenant were unsuccessful.
The landlord has applied for compensation for damage to the property, and reimbursement of the filing fee following the end of the tenancy.
The tenancy ended on 18 August 2024. The application was filed on 7 October 2024, but was not set down for hearing until today.
The landlord seeks reimbursement of $2,972.75 for a series of damage to the premises during the tenancy. Photos of the property at the start and the end of the tenancy were provided along with an invoice for repairs and painting.
The photos show torn wallpaper in the hallway and two places in the lounge. There is a very poor patch job on one wall in the lounge and a small round hole in one corner. There is nail polish on the window sills in the lounge, and on the bedroom wall, along with scribble on the bedroom wall. In the bathroom a mirrored cupboard door is missing from the bathroom cabinet and the towel rail is broken. There are chunks missing from the door frame to a door, and there is damage to the wall on the back porch. There is a large split to a kitchen wall and the door underneath the laundry tub has been broken.
This damage is not apparent in the photographs at the start of the tenancy and each of the incidents is more than fair wear and tear.
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 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.
It would have been preferable to have an itemised invoice and/or some photographs of the repairs undertaken, given the cost of the repairs on a property that was an older house that had not been renovated in some time. The amount claimed is considerable, but not clearly excessive, and the tenant did not attend the hearing to dispute it.
The amounts ordered is proved.
Because Team Group Rentals Limited As Agent For Kylie And Hadley Gardner has wholly succeeded with the claim I must reimburse the filing fee.

Tenancy Tribunal case 5027476 — Property damage at Unit/Flat Flat 5, 22 MacArthur Street, Levin, Levin 5510

At a glance

Tenancy Tribunal case 5027476 — Property damage at Unit/Flat Flat 5, 22 MacArthur Street, Levin, Levin 5510

At a glance

Award balance

Claims & awards

Order

Reasons

Topics & place

Residential Tenancies Act sections

Key findings

Property management

Frequently asked questions

Award balance

Claims & awards

Order

Reasons

Topics & place

Residential Tenancies Act sections

Key findings

Property management

Frequently asked questions