What was the outcome of Tenancy Tribunal case 5047489?

The tribunal order states: Sarah Ann Peachey must pay Slpm Limited As Agent For Naresh Potty

How much money was awarded in case 5047489?

Filing Fee: $27.00 awarded to landlord; Lawns and Garden Work: $750.00 awarded to landlord; Loss Of Rent 12 Weeks: $7,440.00 awarded to landlord; Property Damage: $810.75 awarded to landlord; Property Damage: $6,000.00 awarded to landlord; Rent Arrears: $841.16 awarded to landlord; Rubbish Removal: $4,773.65 awarded to landlord; Water Rates: $68.57 awarded to landlord

What type of tenancy dispute was case 5047489?

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

Where can I read the official tribunal order for case 5047489?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/12019572-Tribunal_Order.pdf.

What was the outcome of Tenancy Tribunal case 5047489?

The tribunal order states: Sarah Ann Peachey must pay Slpm Limited As Agent For Naresh Potty

How much money was awarded in case 5047489?

Filing Fee: $27.00 awarded to landlord; Lawns and Garden Work: $750.00 awarded to landlord; Loss Of Rent 12 Weeks: $7,440.00 awarded to landlord; Property Damage: $810.75 awarded to landlord; Property Damage: $6,000.00 awarded to landlord; Rent Arrears: $841.16 awarded to landlord; Rubbish Removal: $4,773.65 awarded to landlord; Water Rates: $68.57 awarded to landlord

What type of tenancy dispute was case 5047489?

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

Where can I read the official tribunal order for case 5047489?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/12019572-Tribunal_Order.pdf.

2 Darlington Place, Glendene, Auckland 0602 Tenancy Tribunal Case 5047489 — Property damage

Reasons

Claims and awards in Tenancy Tribunal application 5047489 — net $18,591.13 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears to 6 October 2024	$841.16	Rent arrears to 6 October 2024
Loss of rent 12 weeks	$7,440.00	Loss of rent 12 weeks
Water rates	$68.57	Water rates
Lock/key replacement and securing home	$810.75	Lock/key replacement and securing home
Lawns and garden work	$750.00	Lawns and garden work
Rubbish removal	$4,773.65	Rubbish removal
Repairs (Insurance excess	$6,000.00	Repairs (Insurance excess
Filing fee reimbursement	$27.00	Filing fee reimbursement
Net award	$18,591.13
Total payable by Tenant to Landlord	$18,591.13

This was an in-person hearing held at Waitakere District Court. Mr Dawson appeared via teleconference for the landlord. The tenant did not attend.

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

This is the second scheduled hearing date for this application. On the first hearing date 10 February 2025, Adjudicator Pollack adjourned the hearing as decontamination and remediation details and expenses had not been finalised.

How much is owed for rent and water rates?

The tenancy ended on 6 October 2024. The landlord provided rent records and water rates invoices which prove the amount owing at the end of the tenancy was $841.16 for rent arrears and $68.57 for outstanding water rates.

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 landlord claims the tenant left a large amount of personal belongings and rubbish both inside and outside the house. There was also substantial damage to the premises including holes in the walls and doors, broken windows, damage to the kitchen cabinetry and damage to the carpet. The landlord produced photographs which show a lot of this rubbish and damage.

A test for methamphetamine was undertaken and the premises were found to require decontamination.

On taking possession of the property the landlord needed to replace all locks and make the premises secure by covering over broken windows and doors. The landlord produced an invoice for $810.75 in support of this claim.

The rubbish and personal belongings that were left behind filled 7 skip-bins and cost $4,773.65 to dispose of. The landlord produced an invoice in support of this claim.

The gardens were left very overgrown and full of rubbish. The landlord produced an invoice for $750.00 for gardening and lawn work.

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.

The landlord has made an insurance claim with their provider. The insurer has accepted 8 separate claims and deducted the excess of $750.00 for each of these claims. The landlord is seeking reimbursement for the $6,000.00 of insurance excesses. In each of the cases I can see the damage in the photographs and I accept the insurance award is reasonable. The 8 claims are for four holes along one wall, broken drawers in the kitchen, gas stovetop pulled away from the bench, holes in doors and cupboards, hole in a door, another four holes in walls, another hole in a wall and another hole in a door.

The insurance company has categorised the damage as caused accidentally. I determine the damage is intentional rather than careless. I base this finding on the volume of the damage and the apparent force that would have been needed to cause the damage.

The amounts ordered are proved.

The landlord has made a number of other claims but has not provided sufficient information to prove them. These claims include remove and dispose of spc carpet, repair rotten floorboards in bathroom and lounge, remove vinyl from bathroom, supply all new electrical switch boards, power points light bulbs, three on one bathroom, and others.

The landlord has not produced invoices in support of these claims, pre-tenancy photographs establishing the condition of the premises at the beginning of the tenancy, or information that establishes that the damage was caused during the tenancy. I note that the schedule from the landlord’s insurer assesses some of these claims as ”gradual damage”, “pre-existing damage”, “cause not confirmed” and “noted as damaged in entry report”. I determine there is not enough information provided by the landlord to prove these claims. Loss of rent

The landlord is claiming $10,362.86 loss of rent due to the repairs and remediation that were needed at the end of the tenancy. The landlord stated that as of May 2025 the property had still not been re-tenanted, but he considered it reasonable to apply a cut-off as of 31 January 2025, as delays had possibly been exacerbated by circumstances and delays relating to the landlord.

I consider twelve weeks a reasonable amount of time to fully remediate the damage caused by this tenant to this property. I make an award based on this.

The amount is proved.

Because Slpm Limited As Agent For Naresh Potty has substantially succeeded with the claim I have reimbursed the filing fee.

Claims and awards in Tenancy Tribunal application 5047489 — net $18,591.13 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears to 6 October 2024	$841.16	Rent arrears to 6 October 2024
Loss of rent 12 weeks	$7,440.00	Loss of rent 12 weeks
Water rates	$68.57	Water rates
Lock/key replacement and securing home	$810.75	Lock/key replacement and securing home
Lawns and garden work	$750.00	Lawns and garden work
Rubbish removal	$4,773.65	Rubbish removal
Repairs (Insurance excess	$6,000.00	Repairs (Insurance excess
Filing fee reimbursement	$27.00	Filing fee reimbursement
Net award	$18,591.13
Total payable by Tenant to Landlord	$18,591.13

Order

Sarah Ann Peachey must pay Slpm Limited As Agent For Naresh Potty $18,591.13 immediately, calculated as shown in table below.
The Bond Centre is to pay the bond of $2,120.00 (5580060-008) to Slpm Limited As Agent For Naresh Potty immediately.

Reasons

This was an in-person hearing held at Waitakere District Court. Mr Dawson appeared via teleconference for the landlord. The tenant did not attend.
The landlord has applied for rent arrears, compensation, refund of the bond, and reimbursement of the filing fee following the end of the tenancy.
This is the second scheduled hearing date for this application. On the first hearing date 10 February 2025, Adjudicator Pollack adjourned the hearing as decontamination and remediation details and expenses had not been finalised.

How much is owed for rent and water rates?

The tenancy ended on 6 October 2024. The landlord provided rent records and water rates invoices which prove the amount owing at the end of the tenancy was $841.16 for rent arrears and $68.57 for outstanding water rates.

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 landlord claims the tenant left a large amount of personal belongings and rubbish both inside and outside the house. There was also substantial damage to the premises including holes in the walls and doors, broken windows, damage to the kitchen cabinetry and damage to the carpet. The landlord produced photographs which show a lot of this rubbish and damage.
A test for methamphetamine was undertaken and the premises were found to require decontamination.
On taking possession of the property the landlord needed to replace all locks and make the premises secure by covering over broken windows and doors. The landlord produced an invoice for $810.75 in support of this claim.
The rubbish and personal belongings that were left behind filled 7 skip-bins and cost $4,773.65 to dispose of. The landlord produced an invoice in support of this claim.
The gardens were left very overgrown and full of rubbish. The landlord produced an invoice for $750.00 for gardening and lawn work.
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.
The landlord has made an insurance claim with their provider. The insurer has accepted 8 separate claims and deducted the excess of $750.00 for each of these claims. The landlord is seeking reimbursement for the $6,000.00 of insurance excesses. In each of the cases I can see the damage in the photographs and I accept the insurance award is reasonable. The 8 claims are for four holes along one wall, broken drawers in the kitchen, gas stovetop pulled away from the bench, holes in doors and cupboards, hole in a door, another four holes in walls, another hole in a wall and another hole in a door.
The insurance company has categorised the damage as caused accidentally. I determine the damage is intentional rather than careless. I base this finding on the volume of the damage and the apparent force that would have been needed to cause the damage.
The amounts ordered are proved.
The landlord has made a number of other claims but has not provided sufficient information to prove them. These claims include remove and dispose of spc carpet, repair rotten floorboards in bathroom and lounge, remove vinyl from bathroom, supply all new electrical switch boards, power points light bulbs, three on one bathroom, and others.
The landlord has not produced invoices in support of these claims, pre-tenancy photographs establishing the condition of the premises at the beginning of the tenancy, or information that establishes that the damage was caused during the tenancy. I note that the schedule from the landlord’s insurer assesses some of these claims as ”gradual damage”, “pre-existing damage”, “cause not confirmed” and “noted as damaged in entry report”. I determine there is not enough information provided by the landlord to prove these claims. Loss of rent
The landlord is claiming $10,362.86 loss of rent due to the repairs and remediation that were needed at the end of the tenancy. The landlord stated that as of May 2025 the property had still not been re-tenanted, but he considered it reasonable to apply a cut-off as of 31 January 2025, as delays had possibly been exacerbated by circumstances and delays relating to the landlord.
I consider twelve weeks a reasonable amount of time to fully remediate the damage caused by this tenant to this property. I make an award based on this.
The amount is proved.
Because Slpm Limited As Agent For Naresh Potty has substantially succeeded with the claim I have reimbursed the filing fee.

Tenancy Tribunal case 5047489 — Property damage at 2 Darlington Place, Glendene, Auckland 0602

At a glance

Tenancy Tribunal case 5047489 — Property damage at 2 Darlington Place, Glendene, Auckland 0602

At a glance

Award balance

Claims & awards

Order

Reasons

How much is owed for rent and water rates?

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

How much is owed for rent and water rates?

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