What was the outcome of Tenancy Tribunal case 5187131?

The tribunal order states: Jordan Savage must pay Nicole Beckham $19,636.00 immediately, calculated

How much money was awarded in case 5187131?

Cleaning: $900.00 awarded to landlord; Compensation: $1,200.00 awarded to landlord; Filing Fee: $27.00 awarded to landlord; Rent Arrears: $1,500.00 awarded to landlord; Back Bedroom: $440.00 awarded to landlord; Back Door: $1,078.00 awarded to landlord; Bathroom: $4,000.00 awarded to landlord; Front Door And Window: $1,023.00 awarded to landlord; Kitchen: $3,000.00 awarded to landlord; Kitchen Vinyl: $880.00 awarded to landlord; Two Internal Doors: $1,188.00 awarded to landlord; Property Damage: $4,000.00 awarded to landlord; Rubbish Removal: $400.00 awarded to landlord

What type of tenancy dispute was case 5187131?

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

Where can I read the official tribunal order for case 5187131?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/11977229-Tenancy_Tribunal_Order.pdf.

What was the outcome of Tenancy Tribunal case 5187131?

The tribunal order states: Jordan Savage must pay Nicole Beckham $19,636.00 immediately, calculated

How much money was awarded in case 5187131?

Cleaning: $900.00 awarded to landlord; Compensation: $1,200.00 awarded to landlord; Filing Fee: $27.00 awarded to landlord; Rent Arrears: $1,500.00 awarded to landlord; Back Bedroom: $440.00 awarded to landlord; Back Door: $1,078.00 awarded to landlord; Bathroom: $4,000.00 awarded to landlord; Front Door And Window: $1,023.00 awarded to landlord; Kitchen: $3,000.00 awarded to landlord; Kitchen Vinyl: $880.00 awarded to landlord; Two Internal Doors: $1,188.00 awarded to landlord; Property Damage: $4,000.00 awarded to landlord; Rubbish Removal: $400.00 awarded to landlord

What type of tenancy dispute was case 5187131?

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

Where can I read the official tribunal order for case 5187131?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/11977229-Tenancy_Tribunal_Order.pdf.

73 Glasgow Street, Whanganui, Whanganui 4500 Tenancy Tribunal Case 5187131 — Property damage

Order

Claims and awards in Tenancy Tribunal application 5187131 — net $19,636.00 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears	$1,500.00	Rent arrears
Cleaning	$900.00	Cleaning
Rubbish removal	$400.00	Rubbish removal
Repairs: wall repairs	$4,000.00	Repairs: wall repairs
Repairs: back bedroom	$440.00	Repairs: back bedroom
Repairs: front door and window	$1,023.00	Repairs: front door and window
Repairs: back door	$1,078.00	Repairs: back door
Repairs: two internal doors	$1,188.00	Repairs: two internal doors
Repairs: kitchen	$3,000.00	Repairs: kitchen
Repairs: kitchen vinyl	$880.00	Repairs: kitchen vinyl
Repairs: bathroom	$4,000.00	Repairs: bathroom
Compensation - loss of rent	$1,200.00	Compensation - loss of rent
Filing fee reimbursement	$27.00	Filing fee reimbursement
Net award	$19,636.00
Total payable by Tenant to Landlord	$19,636.00

Jordan Savage must pay Nicole Beckham $19,636.00 immediately, calculated as shown in table below.

Nicole Beckham must take any of the tenant’s personal documents that have been left at the premises to the nearest Police station and obtain a receipt for them.

The landlord may dispose of the other goods left at the premises by the tenant as the landlord sees fit. DescriptionLandlord Rent arrears$1,500.00 Cleaning$900.00 Rubbish removal$400.00 Repairs: wall repairs$4,000.00 Repairs: back bedroom$440.00 Repairs: front door and window$1,023.00 Repairs: back door$1,078.00 Repairs: two internal doors$1,188.00 Repairs: kitchen$3,000.00 Repairs: kitchen vinyl$880.00 Repairs: bathroom$4,000.00 Compensation - loss of rent$1,200.00 Filing fee reimbursement$27.00 Total award$19,636.00 Total payable by Tenant to Landlord$19,636.00

Reasons

The landlord attended the hearing.

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

How much is owed for rent?

The tenancy ended on 15 January 2025. The landlord provided rent records which prove the amount owing at the end of the tenancy.

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 provided photographic evidence tenant did not leave the premises reasonably clean and tidy and did not remove all rubbish.

The amounts claimed are modest given the scale of the work required and 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 provided photographic evidence that the following damage was caused during the tenancy: a. There were multiple holes in the walls of all the rooms and drawings on many of the walls. b. There was a hole in the roof and a broken window in the back bedroom. c. The front door, door frame and front window were broken beyond repair. d. The back door and door frame were broken beyond repair. e. Two internal doors were missing. f. The kitchen cabinetry was broken beyond repair with doors missing, runners and drawers broken. g. The vinyl in the kitchen was extensively damaged and required replacement. h. The shower door was missing. i. The floor coverings, the floor and the walls in the bathroom were extensively water damaged and require replacement. This damage was caused by the tenant continuing to use the shower without a door.

The damage is more than fair wear and tear, and the tenant has not disproved liability for the damage.

From the extent and nature of the damage, it is reasonable to conclude that the damage was caused intentionally by force or by continuing to cause damage, knowing that it was bound to occur – as in the case of the extensive damage to the bathroom and to the kitchen cabinetry and vinyl.

The Tribunal must consider 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. It is necessary to consider the age and condition of the items at the start of the tenancy and their likely useful lifespan.

In determining appropriate amounts, the Tribunal has been aided by a detailed quotation provided by the landlord from a reputable tradesperson. Some items were towards the end of their useful life but still retained residual utility value. It is appropriate that the landlord be compensated in some measure for these losses, but not at the full replacement cost which would have put the landlord in a better position than if the tenant had not damaged these items.

The amounts ordered are proved. Loss of rent

The damage caused by the tenant was extensive and affected two critical areas of the property: the kitchen and the bathroom. The property could not be let without extensive cleaning and rubbish removal, and replacing the kitchen and the bathroom, including replacing the floor and walls in the bathroom. It has not been re-let. The landlord has claimed for four weeks rent in compensation.

The Tribunal is satisfied on the evidence before it that the state the property was left in by the tenant has meant that the landlord acting diligently could not have had the property available for rent for a period of more than four weeks. The loss of rent was a foreseeable consequence of the tenant’s actions.

It is appropriate that the Tribunal award the landlord the compensation they are seeking. Disposal of tenant’s goods

The landlord has applied for the disposal of goods the tenant left at the premises at the end of the tenancy.

The landlord has been unable to obtain any response from the tenant.

It is not practicable for the landlord to the return the goods to the tenant. The value of the goods is below the cost of storing, transporting and selling them. Therefore the landlord may dispose of the goods. See sections 62(3)(b), 62B(2) and (3) Residential Tenancies Act 1986.

Because Nicole Beckham has substantially succeeded with the claim I have reimbursed the filing fee.

Claims and awards in Tenancy Tribunal application 5187131 — net $19,636.00 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears	$1,500.00	Rent arrears
Cleaning	$900.00	Cleaning
Rubbish removal	$400.00	Rubbish removal
Repairs: wall repairs	$4,000.00	Repairs: wall repairs
Repairs: back bedroom	$440.00	Repairs: back bedroom
Repairs: front door and window	$1,023.00	Repairs: front door and window
Repairs: back door	$1,078.00	Repairs: back door
Repairs: two internal doors	$1,188.00	Repairs: two internal doors
Repairs: kitchen	$3,000.00	Repairs: kitchen
Repairs: kitchen vinyl	$880.00	Repairs: kitchen vinyl
Repairs: bathroom	$4,000.00	Repairs: bathroom
Compensation - loss of rent	$1,200.00	Compensation - loss of rent
Filing fee reimbursement	$27.00	Filing fee reimbursement
Net award	$19,636.00
Total payable by Tenant to Landlord	$19,636.00

Order

Jordan Savage must pay Nicole Beckham $19,636.00 immediately, calculated as shown in table below.
Nicole Beckham must take any of the tenant’s personal documents that have been left at the premises to the nearest Police station and obtain a receipt for them.
The landlord may dispose of the other goods left at the premises by the tenant as the landlord sees fit. DescriptionLandlord Rent arrears$1,500.00 Cleaning$900.00 Rubbish removal$400.00 Repairs: wall repairs$4,000.00 Repairs: back bedroom$440.00 Repairs: front door and window$1,023.00 Repairs: back door$1,078.00 Repairs: two internal doors$1,188.00 Repairs: kitchen$3,000.00 Repairs: kitchen vinyl$880.00 Repairs: bathroom$4,000.00 Compensation - loss of rent$1,200.00 Filing fee reimbursement$27.00 Total award$19,636.00 Total payable by Tenant to Landlord$19,636.00

Reasons

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

How much is owed for rent?

The tenancy ended on 15 January 2025. The landlord provided rent records which prove the amount owing at the end of the tenancy.

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 provided photographic evidence tenant did not leave the premises reasonably clean and tidy and did not remove all rubbish.
The amounts claimed are modest given the scale of the work required and 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 provided photographic evidence that the following damage was caused during the tenancy: a. There were multiple holes in the walls of all the rooms and drawings on many of the walls. b. There was a hole in the roof and a broken window in the back bedroom. c. The front door, door frame and front window were broken beyond repair. d. The back door and door frame were broken beyond repair. e. Two internal doors were missing. f. The kitchen cabinetry was broken beyond repair with doors missing, runners and drawers broken. g. The vinyl in the kitchen was extensively damaged and required replacement. h. The shower door was missing. i. The floor coverings, the floor and the walls in the bathroom were extensively water damaged and require replacement. This damage was caused by the tenant continuing to use the shower without a door.
The damage is more than fair wear and tear, and the tenant has not disproved liability for the damage.
From the extent and nature of the damage, it is reasonable to conclude that the damage was caused intentionally by force or by continuing to cause damage, knowing that it was bound to occur – as in the case of the extensive damage to the bathroom and to the kitchen cabinetry and vinyl.
The Tribunal must consider 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. It is necessary to consider the age and condition of the items at the start of the tenancy and their likely useful lifespan.
In determining appropriate amounts, the Tribunal has been aided by a detailed quotation provided by the landlord from a reputable tradesperson. Some items were towards the end of their useful life but still retained residual utility value. It is appropriate that the landlord be compensated in some measure for these losses, but not at the full replacement cost which would have put the landlord in a better position than if the tenant had not damaged these items.
The amounts ordered are proved. Loss of rent
The damage caused by the tenant was extensive and affected two critical areas of the property: the kitchen and the bathroom. The property could not be let without extensive cleaning and rubbish removal, and replacing the kitchen and the bathroom, including replacing the floor and walls in the bathroom. It has not been re-let. The landlord has claimed for four weeks rent in compensation.
The Tribunal is satisfied on the evidence before it that the state the property was left in by the tenant has meant that the landlord acting diligently could not have had the property available for rent for a period of more than four weeks. The loss of rent was a foreseeable consequence of the tenant’s actions.
It is appropriate that the Tribunal award the landlord the compensation they are seeking. Disposal of tenant’s goods
The landlord has applied for the disposal of goods the tenant left at the premises at the end of the tenancy.
The landlord has been unable to obtain any response from the tenant.
It is not practicable for the landlord to the return the goods to the tenant. The value of the goods is below the cost of storing, transporting and selling them. Therefore the landlord may dispose of the goods. See sections 62(3)(b), 62B(2) and (3) Residential Tenancies Act 1986.
Because Nicole Beckham has substantially succeeded with the claim I have reimbursed the filing fee.

Tenancy Tribunal case 5187131 — Property damage at 73 Glasgow Street, Whanganui, Whanganui 4500

At a glance

Tenancy Tribunal case 5187131 — Property damage at 73 Glasgow Street, Whanganui, Whanganui 4500

At a glance

Award balance

Claims & awards

Order

Reasons

How much is owed for rent?

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

Frequently asked questions

Award balance

Claims & awards

Order

Reasons

How much is owed for rent?

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

Frequently asked questions