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Tenant fined $22,000 for property damage and theft

A tenant in New Zealand faced a hefty fine of $22,000 from a tribunal for damaging her rental property and absconding with various components of it. The tribunal heard that the woman, who left the property in March 2024 while in arrears on rent, took off with the carport, garden shed, gate, curtains, and sections of the fence during her tenancy.

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The adjudicator, Nicholas Blake, imposed a fine of $NZ25,370.22 ($AU22,936) on the tenant, emphasizing that the landlord did not need to prove the tenant’s actual removal of the items, only that the incidents occurred while she was in occupation. The tribunal ruled out the possibility of another person causing the damage without the tenant’s consent, stating there was no evidence to support this claim.

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Among the missing items were curtains, the garden shed, entry gate, carport, and a significant portion of the front fence. The carport’s metal legs were deliberately cut to facilitate their removal, and individual fence palings were forcibly detached, leading to damage that necessitated complete replacement, as requested by the landlord.

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The tribunal, however, instructed the tenant to cover only one-third of the fence’s replacement cost. A substantial portion of the fine, $NZ12,880 ($AU11,644), was attributed to the outstanding rent owed by the tenant. While the landlord remained anonymous as per tribunal orders, the tenant’s identity was disclosed.

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Instances like these serve as cautionary tales for both landlords and tenants, highlighting the importance of clear communication, mutual respect, and adherence to the terms of the tenancy agreement. Such incidents not only result in financial losses for property owners but also disrupt the rental market and erode trust between landlords and tenants.

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Experts in the real estate industry emphasize the need for thorough background checks on potential tenants, detailed inventories of rental properties, and prompt resolution of any disputes to prevent such situations. Landlords are advised to maintain open lines of communication with tenants, conduct regular property inspections, and address any issues promptly to avoid conflicts that could escalate into legal proceedings.

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Furthermore, tenants are encouraged to uphold their obligations under the lease agreement, respect the property they occupy, and communicate any concerns or maintenance issues to the landlord in a timely manner. By fostering a culture of mutual respect and cooperation, both landlords and tenants can create a harmonious rental environment that benefits all parties involved.

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