What was the outcome of Tenancy Tribunal case 5185950?

The tribunal order states: Leonard Samupindi must pay In Property Limited As Agent For Shalt Family

How much money was awarded in case 5185950?

Property Damage: $1,266.43 awarded to landlord; Rent Arrears: $342.86 awarded to landlord; Water Bills To 4.11.2024: $790.71 awarded to landlord

What type of tenancy dispute was case 5185950?

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

Where can I read the official tribunal order for case 5185950?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/11780177-Tenancy_Tribunal_Order.pdf.

What was the outcome of Tenancy Tribunal case 5185950?

The tribunal order states: Leonard Samupindi must pay In Property Limited As Agent For Shalt Family

How much money was awarded in case 5185950?

Property Damage: $1,266.43 awarded to landlord; Rent Arrears: $342.86 awarded to landlord; Water Bills To 4.11.2024: $790.71 awarded to landlord

What type of tenancy dispute was case 5185950?

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

Where can I read the official tribunal order for case 5185950?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/11780177-Tenancy_Tribunal_Order.pdf.

39 D Mead Street, Avondale, Auckland 1026 Tenancy Tribunal Case 5185950 — Property damage

Claims and awards in Tenancy Tribunal application 5185950. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears to 4.11.2024	$342.86	Rent arrears to 4.11.2024
Repairs – painting rectification and repainting	$1,266.43	Repairs – painting rectification and repainting
Water bills to 4.11.2024	$790.71	Water bills to 4.11.2024
Bond	$2,400.00

Order

Leonard Samupindi must pay In Property Limited As Agent For Shalt Family Trust $2,400.00 from the bond, calculated as shown in table below.
The Bond Centre is to pay the bond of $2,400.00 (5716384-006) to In Property Limited As Agent For Shalt Family Trust immediately.

Reasons

Mr Sullivan, representing the landlord, and Mr Samupindi, the tenant, both attended the teleconference hearing.
The landlord has applied for rent arrears, outgoings, refund of the bond, and reimbursement of the filing fee following the end of the tenancy. At the start of the hearing, the landlord’s application was amended to add a compensation claim, as this reflected the evidence provided by the landlord at the time they filed the application.

How much is owed for rent and water rates?

Both parties agreed the tenancy ended on 4 November 2024. The landlord provided rent records which prove the amount owing for rent at the end of the tenancy, which is $342.86.
The landlord also provided water rates invoices and claimed $790.71 for water bills to the end of the tenancy.
The tenant agreed to pay $342.86 for rent to the end of the tenancy and to pay $790.71 for water to 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.
The landlord said the tenant painted throughout the property extensively and did a very messy paint job, with splashes over the wood floor, doorknobs, over tiling and a large fan. The landlord said the paint splashes had to be cleaned off and the areas painted by the tenant had to be repainted. The landlord provided an invoice in the amount of $1,834.25 for this work to be rectified and repainting.
The tenant said he had been new to the country and his employer, who found him this accommodation, told him to paint some of these areas in the house to improve some of the rooms. The tenant acknowledged he painted the dining room, hallway, bathroom and part of the kitchen. He confirmed that the photographs provided by the landlord of his paint work reflected the work he had done in the property. He acknowledged his painting was likely messy, but he thought the amount claimed by the landlord to rectify the work was excessive. Mr Samupindi thought around $1,000.00 to $1,200.00 might be a more reasonable amount for this rectification work.
Mr Sullivan said he was willing to reduce the landlord’s claim for rectification of the tenant’s painting work to $1,266.43, which would be the balance of the bond, after taking out rent arrears and water bills owing. The tenant agreed to this.
The landlord’s photographs of the tenant’s painting work showed many paint splashes and careless paint work done by the tenant throughout the property. This work was done intentionally by the tenant, so he is liable for the cost of repair minus any depreciation. I am satisfied the amount sought by the landlord after discussion, of $1,266.43, is reasonable to remedy the tenant’s paint work, and given it has been reduced from the amount paid by the landlord for the work, this amount likely also fairly reflects a depreciated amount. The tenant has agreed to pay $1,266.43 to rectify the paint work also. Given this, I award the landlord $1,266.43 to rectify the paint work of the tenant and to repaint the areas he painted.
The damage is more than fair wear and tear, and the tenant has not disproved liability for the damage.
The amounts ordered are proved. Filing fee
The landlord withdrew their claim for reimbursement of the filing fee.

Claims and awards in Tenancy Tribunal application 5185950. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears to 4.11.2024	$342.86	Rent arrears to 4.11.2024
Repairs – painting rectification and repainting	$1,266.43	Repairs – painting rectification and repainting
Water bills to 4.11.2024	$790.71	Water bills to 4.11.2024
Bond	$2,400.00

Order

Leonard Samupindi must pay In Property Limited As Agent For Shalt Family Trust $2,400.00 from the bond, calculated as shown in table below.
The Bond Centre is to pay the bond of $2,400.00 (5716384-006) to In Property Limited As Agent For Shalt Family Trust immediately.

Reasons

Mr Sullivan, representing the landlord, and Mr Samupindi, the tenant, both attended the teleconference hearing.
The landlord has applied for rent arrears, outgoings, refund of the bond, and reimbursement of the filing fee following the end of the tenancy. At the start of the hearing, the landlord’s application was amended to add a compensation claim, as this reflected the evidence provided by the landlord at the time they filed the application.

How much is owed for rent and water rates?

Both parties agreed the tenancy ended on 4 November 2024. The landlord provided rent records which prove the amount owing for rent at the end of the tenancy, which is $342.86.
The landlord also provided water rates invoices and claimed $790.71 for water bills to the end of the tenancy.
The tenant agreed to pay $342.86 for rent to the end of the tenancy and to pay $790.71 for water to 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.
The landlord said the tenant painted throughout the property extensively and did a very messy paint job, with splashes over the wood floor, doorknobs, over tiling and a large fan. The landlord said the paint splashes had to be cleaned off and the areas painted by the tenant had to be repainted. The landlord provided an invoice in the amount of $1,834.25 for this work to be rectified and repainting.
The tenant said he had been new to the country and his employer, who found him this accommodation, told him to paint some of these areas in the house to improve some of the rooms. The tenant acknowledged he painted the dining room, hallway, bathroom and part of the kitchen. He confirmed that the photographs provided by the landlord of his paint work reflected the work he had done in the property. He acknowledged his painting was likely messy, but he thought the amount claimed by the landlord to rectify the work was excessive. Mr Samupindi thought around $1,000.00 to $1,200.00 might be a more reasonable amount for this rectification work.
Mr Sullivan said he was willing to reduce the landlord’s claim for rectification of the tenant’s painting work to $1,266.43, which would be the balance of the bond, after taking out rent arrears and water bills owing. The tenant agreed to this.
The landlord’s photographs of the tenant’s painting work showed many paint splashes and careless paint work done by the tenant throughout the property. This work was done intentionally by the tenant, so he is liable for the cost of repair minus any depreciation. I am satisfied the amount sought by the landlord after discussion, of $1,266.43, is reasonable to remedy the tenant’s paint work, and given it has been reduced from the amount paid by the landlord for the work, this amount likely also fairly reflects a depreciated amount. The tenant has agreed to pay $1,266.43 to rectify the paint work also. Given this, I award the landlord $1,266.43 to rectify the paint work of the tenant and to repaint the areas he painted.
The damage is more than fair wear and tear, and the tenant has not disproved liability for the damage.
The amounts ordered are proved. Filing fee
The landlord withdrew their claim for reimbursement of the filing fee.

Tenancy Tribunal case 5185950 — Property damage at 39 D Mead Street, Avondale, Auckland 1026

At a glance

Tenancy Tribunal case 5185950 — Property damage at 39 D Mead Street, Avondale, Auckland 1026

At a glance

Claims & awards

Order

Reasons

How much is owed for rent and water rates?

Is the tenant responsible for the damage to the premises?

Topics & place

Residential Tenancies Act sections

Key findings

Property management

Frequently asked questions

Claims & awards

Order

Reasons

How much is owed for rent and water rates?

Is the tenant responsible for the damage to the premises?

Topics & place

Residential Tenancies Act sections

Key findings

Property management

Frequently asked questions