What was the outcome of Tenancy Tribunal case 5265159?

The tribunal order states: Justice Peace O Papa Simona-Smith must pay Kāinga Ora–Homes And

How much money was awarded in case 5265159?

Property Damage: $2,870.62 awarded to landlord; Property Damage: $2,050.10 awarded to landlord; Glass In Ranch Slider: $155.00 awarded to landlord; Lock On Exterior Ranch Slider: $174.49 awarded to landlord; Property Damage: $174.49 awarded to landlord; Unblock downstairs toilet and replac…: $91.19 awarded to landlord

What type of tenancy dispute was case 5265159?

The primary dispute was Property damage.

Where can I read the official tribunal order for case 5265159?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/12287533-Tenancy_Tribunal_Order.pdf.

What was the outcome of Tenancy Tribunal case 5265159?

The tribunal order states: Justice Peace O Papa Simona-Smith must pay Kāinga Ora–Homes And

How much money was awarded in case 5265159?

Property Damage: $2,870.62 awarded to landlord; Property Damage: $2,050.10 awarded to landlord; Glass In Ranch Slider: $155.00 awarded to landlord; Lock On Exterior Ranch Slider: $174.49 awarded to landlord; Property Damage: $174.49 awarded to landlord; Unblock downstairs toilet and replac…: $91.19 awarded to landlord

What type of tenancy dispute was case 5265159?

The primary dispute was Property damage.

Where can I read the official tribunal order for case 5265159?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/12287533-Tenancy_Tribunal_Order.pdf.

4 Tagata Way, Mangere, Auckland 2022 Tenancy Tribunal Case 5265159 — Property damage

Claims and awards in Tenancy Tribunal application 5265159 — net $5,515.89 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Repairs: Glass in ranch slider	$155.00	Repairs: Glass in ranch slider
Repairs: Damage to walls, doors and reattach pantry door	$2,050.10	Repairs: Damage to walls, doors and reattach pantry door
Repairs: Damage to bedroom 2 door, bedroom 3 door handle, kitchen draw face and bathroom 2 door	$2,870.62	Repairs: Damage to bedroom 2 door, bedroom 3 door handle, kitchen draw face and bathroom 2 door
Repairs: Unblock downstairs toilet and replace broken toilet seat	$91.19	Repairs: Unblock downstairs toilet and replace broken toilet seat
Repairs: Lock on exterior ranch slider	$174.49	Repairs: Lock on exterior ranch slider
Repairs: Prior damage the tenant accepted that was credited instead of debited to his account	$174.49	Repairs: Prior damage the tenant accepted that was credited instead of debited to his account
Net award	$5,515.89
Total payable by Tenant to Landlord	$5,515.89

Claims and awards in Tenancy Tribunal application 5265159 — net $5,515.89 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.

Claim

Landlord

Tenant

Reason

Repairs: Glass in ranch slider

$155.00

Repairs: Glass in ranch slider

Repairs: Damage to walls, doors and reattach pantry door

$2,050.10

Repairs: Damage to walls, doors and reattach pantry door

Repairs: Damage to bedroom 2 door, bedroom 3 door handle, kitchen draw face and bathroom 2 door

$2,870.62

Repairs: Damage to bedroom 2 door, bedroom 3 door handle, kitchen draw face and bathroom 2 door

Repairs: Unblock downstairs toilet and replace broken toilet seat

$91.19

Repairs: Unblock downstairs toilet and replace broken toilet seat

Repairs: Lock on exterior ranch slider

$174.49

Repairs: Lock on exterior ranch slider

Repairs: Prior damage the tenant accepted that was credited instead of debited to his account

$174.49

Repairs: Prior damage the tenant accepted that was credited instead of debited to his account

Net award

$5,515.89

Total payable by Tenant to Landlord

$5,515.89

Reasons

The landlord attended the hearing. The tenant did not.

I am satisfied that the tenant had received proper notice of the hearing time, date and place and chose not to attend.

The landlord applied for rent arrears and compensation but withdrew its application for rent arrears at the hearing today.

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 has proven the following damage has been caused during the tenancy and that the tenant has previously accepted liability for some of the damage at the time it occurred or was addressed. The remaining damages are of a nature that could not be defined as accidental or fair wear and tear. This damage is as the result of careless acts or omissions by the tenant, her son or other persons at the premise with her consent.

The damage the tenant has accepted liability for is: a. Broken glass in the ranch slider; b. Bedroom 2 door broken off its frame; c. Bathroom 2 door broken off its frame; d. Bedroom 1 handle broken; e. Kitchen draw face broken.

The landlord has proven the downstairs toilet blocked due to misuse of the facility, for which the tenant is liable.

The landlord has also proven the broken toilet seat could only have been damage by an intentional or careless act by the tenant or some other person in the premise with her permission.

The landlord has also proven the following damage occurred because of the tenant’s careless acts or omissions or the careless acts or omissions by other persons in the premise with her consent because it has produced photographic evidence that shows these types of damages could not be defined as accidental or fair wear and tear: a. Holes in the walls throughout the house; b. Stairwell upstairs door damaged; c. Bedroom 3 door damaged; d. Damage to wall in the entrance; e. Kitchen pantry door requiring reattaching.

I am satisfied the evidence proves the damage for which the landlord seeks compensation is more than fair wear and tear. The tenant has not disproved liability for any of this damage.

The amounts ordered are proved.

I have considered 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 considered the age and condition of the items at the start of the tenancy and their likely useful lifespan.

Claims and awards in Tenancy Tribunal application 5265159 — net $5,515.89 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Repairs: Glass in ranch slider	$155.00	Repairs: Glass in ranch slider
Repairs: Damage to walls, doors and reattach pantry door	$2,050.10	Repairs: Damage to walls, doors and reattach pantry door
Repairs: Damage to bedroom 2 door, bedroom 3 door handle, kitchen draw face and bathroom 2 door	$2,870.62	Repairs: Damage to bedroom 2 door, bedroom 3 door handle, kitchen draw face and bathroom 2 door
Repairs: Unblock downstairs toilet and replace broken toilet seat	$91.19	Repairs: Unblock downstairs toilet and replace broken toilet seat
Repairs: Lock on exterior ranch slider	$174.49	Repairs: Lock on exterior ranch slider
Repairs: Prior damage the tenant accepted that was credited instead of debited to his account	$174.49	Repairs: Prior damage the tenant accepted that was credited instead of debited to his account
Net award	$5,515.89
Total payable by Tenant to Landlord	$5,515.89

Claims and awards in Tenancy Tribunal application 5265159 — net $5,515.89 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.

Claim

Landlord

Tenant

Reason

Repairs: Glass in ranch slider

$155.00

Repairs: Glass in ranch slider

Repairs: Damage to walls, doors and reattach pantry door

$2,050.10

Repairs: Damage to walls, doors and reattach pantry door

Repairs: Damage to bedroom 2 door, bedroom 3 door handle, kitchen draw face and bathroom 2 door

$2,870.62

Repairs: Damage to bedroom 2 door, bedroom 3 door handle, kitchen draw face and bathroom 2 door

Repairs: Unblock downstairs toilet and replace broken toilet seat

$91.19

Repairs: Unblock downstairs toilet and replace broken toilet seat

Repairs: Lock on exterior ranch slider

$174.49

Repairs: Lock on exterior ranch slider

Repairs: Prior damage the tenant accepted that was credited instead of debited to his account

$174.49

Repairs: Prior damage the tenant accepted that was credited instead of debited to his account

Net award

$5,515.89

Total payable by Tenant to Landlord

$5,515.89

Order

Justice Peace O Papa Simona-Smith must pay Kāinga Ora–Homes And Communities $5,515.89 immediately, calculated as shown in table below.

Reasons

The landlord attended the hearing. The tenant did not.
I am satisfied that the tenant had received proper notice of the hearing time, date and place and chose not to attend.
The landlord applied for rent arrears and compensation but withdrew its application for rent arrears at the hearing today.

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 has proven the following damage has been caused during the tenancy and that the tenant has previously accepted liability for some of the damage at the time it occurred or was addressed. The remaining damages are of a nature that could not be defined as accidental or fair wear and tear. This damage is as the result of careless acts or omissions by the tenant, her son or other persons at the premise with her consent.
The damage the tenant has accepted liability for is: a. Broken glass in the ranch slider; b. Bedroom 2 door broken off its frame; c. Bathroom 2 door broken off its frame; d. Bedroom 1 handle broken; e. Kitchen draw face broken.
The landlord has proven the downstairs toilet blocked due to misuse of the facility, for which the tenant is liable.
The landlord has also proven the broken toilet seat could only have been damage by an intentional or careless act by the tenant or some other person in the premise with her permission.
The landlord has also proven the following damage occurred because of the tenant’s careless acts or omissions or the careless acts or omissions by other persons in the premise with her consent because it has produced photographic evidence that shows these types of damages could not be defined as accidental or fair wear and tear: a. Holes in the walls throughout the house; b. Stairwell upstairs door damaged; c. Bedroom 3 door damaged; d. Damage to wall in the entrance; e. Kitchen pantry door requiring reattaching.
I am satisfied the evidence proves the damage for which the landlord seeks compensation is more than fair wear and tear. The tenant has not disproved liability for any of this damage.
The amounts ordered are proved.
I have considered 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 considered the age and condition of the items at the start of the tenancy and their likely useful lifespan.

Tenancy Tribunal case 5265159 — Property damage at 4 Tagata Way, Mangere, Auckland 2022

At a glance

Tenancy Tribunal case 5265159 — Property damage at 4 Tagata Way, Mangere, Auckland 2022

At a glance

Award balance

Claims & awards

Order

Reasons

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

Is the tenant responsible for the damage to the premises?

Topics & place

Residential Tenancies Act sections

Key findings

Frequently asked questions