What was the outcome of Tenancy Tribunal case 5073408?

The tribunal order states: Dirk Sonny Hekerangi Hindmarsh must pay Daravan Varabout $4,417.64

How much money was awarded in case 5073408?

Filing Fee: $27.00 awarded to landlord; Property Damage: $369.77 awarded to landlord; Property Damage: $587.20 awarded to landlord; Property Damage: $573.92 awarded to landlord; Property Damage: $92.00 awarded to landlord; Property Damage: $46.00 awarded to landlord; Rent Arrears: $2,300.00 awarded to landlord; Cupboard Doors: $414.00 awarded to landlord; Property Damage: $701.50 awarded to landlord; Property Damage: $454.75 awarded to landlord; Kitchen Sink: $782.00 awarded to landlord; Window Latches: $149.50 awarded to landlord

What type of tenancy dispute was case 5073408?

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

Where can I read the official tribunal order for case 5073408?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/11717760-Tribunal_Order.pdf.

What was the outcome of Tenancy Tribunal case 5073408?

The tribunal order states: Dirk Sonny Hekerangi Hindmarsh must pay Daravan Varabout $4,417.64

How much money was awarded in case 5073408?

Filing Fee: $27.00 awarded to landlord; Property Damage: $369.77 awarded to landlord; Property Damage: $587.20 awarded to landlord; Property Damage: $573.92 awarded to landlord; Property Damage: $92.00 awarded to landlord; Property Damage: $46.00 awarded to landlord; Rent Arrears: $2,300.00 awarded to landlord; Cupboard Doors: $414.00 awarded to landlord; Property Damage: $701.50 awarded to landlord; Property Damage: $454.75 awarded to landlord; Kitchen Sink: $782.00 awarded to landlord; Window Latches: $149.50 awarded to landlord

What type of tenancy dispute was case 5073408?

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

Where can I read the official tribunal order for case 5073408?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/11717760-Tribunal_Order.pdf.

80 Grandview Road, Nawton, Hamilton 3200 Tenancy Tribunal Case 5073408 — Property damage

Reasons

Claims and awards in Tenancy Tribunal application 5073408 — net $4,417.64 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears	$2,300.00	Rent arrears
Electrical fittings replacement/repair	$369.77	Electrical fittings replacement/repair
Repairs: kitchen repairs	$454.75	Repairs: kitchen repairs
Door repairs	$587.20	Door repairs
Window repairs	$573.92	Window repairs
Repairs: Window latches	$149.50	Repairs: Window latches
Repairs: Hole repairs	$701.50	Repairs: Hole repairs
Repairs: Kitchen Sink	$782.00	Repairs: Kitchen Sink
Repairs: Cupboard doors	$414.00	Repairs: Cupboard doors
Wallpaper repairs	$92.00	Wallpaper repairs
Handle repairs	$46.00	Handle repairs
Filing fee reimbursement	$27.00	Filing fee reimbursement
Net award	$4,417.64
Total payable by Tenant to Landlord	$4,417.64

This case was first before me on the 3 rd February and an adjournment was sought by the tenant and granted. The tenant failed to attend today’s hearing top present his case as he indicated previously. I made three attempts to contact the tenant and the call went unanswered. The failure of a party to attend a hearing does not preclude me from hearing and determining the case.

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

The landlord has claimed for some damages that I do not accept on the evidence is caused by the tenant, it appears to be fair wear and tear on the evidence presented to me as discussed with the landlord. That being the leak in the bathroom and repainting of a ceiling. This part of the claim is dismissed.

I am not prepared to award further costs for the time and inconvenience to the landlord as a landlords costs in running a business is in my view a business expense. This claim is not proven.

How much is owed for rent?

The tenancy ended on 8 June 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 careless, and occurs after 27 August 2019, section 49B RTA applies. If the landlord becomes aware of the damage after 27 August, the damage is presumed to have occurred after that date unless the tenant proves otherwise.

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.

There was significant damages as itemised in the table above that required repair. 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 Daravan Varabout has wholly succeeded with the claim I must reimburse the filing fee.

Claims and awards in Tenancy Tribunal application 5073408 — net $4,417.64 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears	$2,300.00	Rent arrears
Electrical fittings replacement/repair	$369.77	Electrical fittings replacement/repair
Repairs: kitchen repairs	$454.75	Repairs: kitchen repairs
Door repairs	$587.20	Door repairs
Window repairs	$573.92	Window repairs
Repairs: Window latches	$149.50	Repairs: Window latches
Repairs: Hole repairs	$701.50	Repairs: Hole repairs
Repairs: Kitchen Sink	$782.00	Repairs: Kitchen Sink
Repairs: Cupboard doors	$414.00	Repairs: Cupboard doors
Wallpaper repairs	$92.00	Wallpaper repairs
Handle repairs	$46.00	Handle repairs
Filing fee reimbursement	$27.00	Filing fee reimbursement
Net award	$4,417.64
Total payable by Tenant to Landlord	$4,417.64

Order

Dirk Sonny Hekerangi Hindmarsh must pay Daravan Varabout $4,417.64 immediately, calculated as shown in table below.
The Bond Centre is to pay the bond of $2,080.00 (3257148-008) to Daravan Varabout immediately.

Reasons

This case was first before me on the 3 rd February and an adjournment was sought by the tenant and granted. The tenant failed to attend today’s hearing top present his case as he indicated previously. I made three attempts to contact the tenant and the call went unanswered. The failure of a party to attend a hearing does not preclude me from hearing and determining the case.
The landlord has applied for rent arrears, compensation, refund of the bond, and reimbursement of the filing fee following the end of the tenancy.
The landlord has claimed for some damages that I do not accept on the evidence is caused by the tenant, it appears to be fair wear and tear on the evidence presented to me as discussed with the landlord. That being the leak in the bathroom and repainting of a ceiling. This part of the claim is dismissed.
I am not prepared to award further costs for the time and inconvenience to the landlord as a landlords costs in running a business is in my view a business expense. This claim is not proven.

How much is owed for rent?

The tenancy ended on 8 June 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 careless, and occurs after 27 August 2019, section 49B RTA applies. If the landlord becomes aware of the damage after 27 August, the damage is presumed to have occurred after that date unless the tenant proves otherwise.
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.
There was significant damages as itemised in the table above that required repair. 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 Daravan Varabout has wholly succeeded with the claim I must reimburse the filing fee.

Tenancy Tribunal case 5073408 — Property damage at 80 Grandview Road, Nawton, Hamilton 3200

At a glance

Tenancy Tribunal case 5073408 — Property damage at 80 Grandview Road, Nawton, Hamilton 3200

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

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

Frequently asked questions