What was the outcome of Tenancy Tribunal case 5376602?

The tribunal order states: Wayne Josiah Isaac to pay Ian Ross Andrew, Karen Jane Andrew And Maurice

How much money was awarded in case 5376602?

Property Damage: $100.00 awarded to landlord; Rent Credit From Roof Leak Making Ro…: $3,150.00 awarded to tenant; Cladding: $833.07 awarded to landlord; Kitchen Cabinetry: $750.00 awarded to landlord; Carpet, Less Depreciation And 1: $1,250.00 awarded to landlord; Spouting: $165.00 awarded to landlord; Replace furnishings: blinds and shea…: $380.00 awarded to landlord

What type of tenancy dispute was case 5376602?

The primary dispute was Property damage.

Where can I read the official tribunal order for case 5376602?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/13112834-Tenancy_Tribunal_Order.pdf.

What was the outcome of Tenancy Tribunal case 5376602?

The tribunal order states: Wayne Josiah Isaac to pay Ian Ross Andrew, Karen Jane Andrew And Maurice

How much money was awarded in case 5376602?

Property Damage: $100.00 awarded to landlord; Rent Credit From Roof Leak Making Ro…: $3,150.00 awarded to tenant; Cladding: $833.07 awarded to landlord; Kitchen Cabinetry: $750.00 awarded to landlord; Carpet, Less Depreciation And 1: $1,250.00 awarded to landlord; Spouting: $165.00 awarded to landlord; Replace furnishings: blinds and shea…: $380.00 awarded to landlord

What type of tenancy dispute was case 5376602?

The primary dispute was Property damage.

Where can I read the official tribunal order for case 5376602?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/13112834-Tenancy_Tribunal_Order.pdf.

15 Takanini Road, Takanini, Takanini 2112 Tenancy Tribunal Case 5376602 — Property damage

Order

Claims and awards in Tenancy Tribunal application 5376602 — net $328.07 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Tenant	Reason
Repairs: replacement of carpet, less depreciation and 1	$1,250.00		Repairs: replacement of carpet, less depreciation and 1
Repairs: kitchen cabinetry	$750.00		Repairs: kitchen cabinetry
Replace furnishings: blinds and shears	$380.00		Replace furnishings: blinds and shears
Lock/key replacement: ranchslider	$100.00		Lock/key replacement: ranchslider
Repairs: spouting	$165.00		Repairs: spouting
Repairs: cladding	$833.07		Repairs: cladding
Rent credit from roof leak making room unusable		$3,150.00	Rent credit from roof leak making room unusable
Total award	$3,478.07	$3,150.00
Net award	$328.07
Bond	$2,025.90
Total payable by Tenant to Landlord	$328.07

Wayne Josiah Isaac to pay Ian Ross Andrew, Karen Jane Andrew And Maurice Desmond Hayes Are The Trustees For The Ross & Karen Andrew Family Trust $328.07 from the bond, calculated as shown in table below.

The Bond Centre is to pay the bond of $2,025.90 (BN-00003708) immediately apportioned as follows: Ian Ross Andrew, Karen Jane Andrew And Maurice Desmond Hayes Are The Trustees For The Ross & Karen Andrew Family Trust: $328.07 Wayne Josiah Isaac: $1,697.83

Reasons

Both parties attended the hearing.

The landlord has applied for compensation, and refund of the bond following the end of the tenancy.

The parties agreed for a rent credit of $3,150.00 to be applied towards an unusable room from a roof leak.

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 following chattels were missing at the end of the tenancy: blinds and shears. The landlord had to replace them.

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 following damage was caused during the tenancy: carpets, kitchen cabinetry, cladding and spouting, and ranchslider lock. The damage is more than fair wear and tear, and the tenant has not disproved liability for the damage.

Only 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.

The tenant's liability has limited to the lesser of the insurance excess (of $750.00) in respect of the kitchen cabinetry repairs.

Claims and awards in Tenancy Tribunal application 5376602 — net $328.07 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Tenant	Reason
Repairs: replacement of carpet, less depreciation and 1	$1,250.00		Repairs: replacement of carpet, less depreciation and 1
Repairs: kitchen cabinetry	$750.00		Repairs: kitchen cabinetry
Replace furnishings: blinds and shears	$380.00		Replace furnishings: blinds and shears
Lock/key replacement: ranchslider	$100.00		Lock/key replacement: ranchslider
Repairs: spouting	$165.00		Repairs: spouting
Repairs: cladding	$833.07		Repairs: cladding
Rent credit from roof leak making room unusable		$3,150.00	Rent credit from roof leak making room unusable
Total award	$3,478.07	$3,150.00
Net award	$328.07
Bond	$2,025.90
Total payable by Tenant to Landlord	$328.07

Order

Wayne Josiah Isaac to pay Ian Ross Andrew, Karen Jane Andrew And Maurice Desmond Hayes Are The Trustees For The Ross & Karen Andrew Family Trust $328.07 from the bond, calculated as shown in table below.

The Bond Centre is to pay the bond of $2,025.90 (BN-00003708) immediately apportioned as follows: Ian Ross Andrew, Karen Jane Andrew And Maurice Desmond Hayes Are The Trustees For The Ross & Karen Andrew Family Trust: $328.07 Wayne Josiah Isaac: $1,697.83

Reasons

Both parties attended the hearing.
The landlord has applied for compensation, and refund of the bond following the end of the tenancy.
The parties agreed for a rent credit of $3,150.00 to be applied towards an unusable room from a roof leak.

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 following chattels were missing at the end of the tenancy: blinds and shears. The landlord had to replace them.
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 following damage was caused during the tenancy: carpets, kitchen cabinetry, cladding and spouting, and ranchslider lock. The damage is more than fair wear and tear, and the tenant has not disproved liability for the damage.
Only 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.
The tenant's liability has limited to the lesser of the insurance excess (of $750.00) in respect of the kitchen cabinetry repairs.

Tenancy Tribunal case 5376602 — Property damage at 15 Takanini Road, Takanini, Takanini 2112

At a glance

Tenancy Tribunal case 5376602 — Property damage at 15 Takanini Road, Takanini, Takanini 2112

At a glance

Award balance

Claims & awards

Order

Reasons

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

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