How much money was awarded in case 4470465?

Cleaning: $517.50 awarded to landlord; Filing Fee: $20.44 awarded to landlord; Previous Order Application 4383943 D…: $5,564.68 awarded to landlord; Property Damage: $368.00 awarded to landlord; Property Damage: $2,139.00 awarded to landlord; Rubbish Removal: $667.00 awarded to landlord; Water Rates: $30.24 awarded to landlord

What type of tenancy dispute was case 4470465?

The primary dispute was Property damage. Related themes: Cleanliness.

Where can I read the official tribunal order for case 4470465?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/9474841-Tribunal_Order.pdf.

How much money was awarded in case 4470465?

Cleaning: $517.50 awarded to landlord; Filing Fee: $20.44 awarded to landlord; Previous Order Application 4383943 D…: $5,564.68 awarded to landlord; Property Damage: $368.00 awarded to landlord; Property Damage: $2,139.00 awarded to landlord; Rubbish Removal: $667.00 awarded to landlord; Water Rates: $30.24 awarded to landlord

What type of tenancy dispute was case 4470465?

The primary dispute was Property damage. Related themes: Cleanliness.

Where can I read the official tribunal order for case 4470465?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/9474841-Tribunal_Order.pdf.

Unit/Flat 1, 155A Finlayson Avenue, Clendon Park, Tenancy Tribunal Case 4470465 — Property damage

Q: What was the outcome of Tenancy Tribunal case 4470465?

The tribunal order states: No application for suppression has been made in this case and no suppression

Order

Claims and awards in Tenancy Tribunal application 4470465 — net $9,306.86 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Previous order application 4383943 dated 19/10/2022	$5,564.68	Previous order application 4383943 dated 19/10/2022
Water rates	$30.24	Water rates
Repairs: Wall damage	$2,139.00	Repairs: Wall damage
Window repairs	$368.00	Window repairs
Rubbish removal	$667.00	Rubbish removal
Cleaning	$517.50	Cleaning
Filing fee reimbursement	$20.44	Filing fee reimbursement
Net award	$9,306.86
Total payable by Tenant to Landlord	$9,306.86

No application for suppression has been made in this case and no suppression orders apply around publication of this decision.

Lakalaka Opeti must pay Fair Rentals Limited As Agent For Miguel Menezes $9,306.86 immediately, calculated as shown in table below.

This order incorporates the Tribunal order made on 19 October 2022 under application 4383943.

Reasons

The landlord attended the hearing.

The tenant did not attend the hearing. The Tribunal made an order dated 18 July 2023 directing that the tenant be served with the proceedings at the email address and postal address provided by him to the Adjudicator. The notice of this hearing was sent to the tenant in accordance with that order. As the tenant had been served the hearing proceeded in the tenant’s absence (see section 92(1) Residential Tenancies Act 1986).

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

How much is owed for water rates?

The tenancy ended on 19 October 2022. The landlord provided water rates invoices 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 tenant did not leave the premises reasonably clean and tidy, and did not remove all rubbish.

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 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 following damage was caused during the tenancy: wall holes, broken door glass. The damage is more than fair wear and tear, and the tenant has not disproved liability for the damage.

The amounts ordered are proved.

The landlord had applied for compensation due to damage to cupboard doors and window and door lock replacement. There was no photographic evidence to support these claims and are therefore dismissed.

On 19 October 2022 the Tribunal made an order relating to this tenancy, for rent arrears to 19 October 2022 and water rates (May and June 2022 invoices). The previous order is incorporated into this order for enforcement purposes.

Because Fair Rentals Limited As Agent For Miguel Menezes has substantially succeeded with the claim I have reimbursed the filing fee.

Claims and awards in Tenancy Tribunal application 4470465 — net $9,306.86 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Previous order application 4383943 dated 19/10/2022	$5,564.68	Previous order application 4383943 dated 19/10/2022
Water rates	$30.24	Water rates
Repairs: Wall damage	$2,139.00	Repairs: Wall damage
Window repairs	$368.00	Window repairs
Rubbish removal	$667.00	Rubbish removal
Cleaning	$517.50	Cleaning
Filing fee reimbursement	$20.44	Filing fee reimbursement
Net award	$9,306.86
Total payable by Tenant to Landlord	$9,306.86

Order

No application for suppression has been made in this case and no suppression orders apply around publication of this decision.
Lakalaka Opeti must pay Fair Rentals Limited As Agent For Miguel Menezes $9,306.86 immediately, calculated as shown in table below.
This order incorporates the Tribunal order made on 19 October 2022 under application 4383943.

Reasons

The landlord attended the hearing.
The tenant did not attend the hearing. The Tribunal made an order dated 18 July 2023 directing that the tenant be served with the proceedings at the email address and postal address provided by him to the Adjudicator. The notice of this hearing was sent to the tenant in accordance with that order. As the tenant had been served the hearing proceeded in the tenant’s absence (see section 92(1) Residential Tenancies Act 1986).
The landlord has applied for water rates, compensation, and reimbursement of the filing fee following the end of the tenancy.

How much is owed for water rates?

The tenancy ended on 19 October 2022. The landlord provided water rates invoices 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 tenant did not leave the premises reasonably clean and tidy, and did not remove all rubbish.
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 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 following damage was caused during the tenancy: wall holes, broken door glass. The damage is more than fair wear and tear, and the tenant has not disproved liability for the damage.
The amounts ordered are proved.
The landlord had applied for compensation due to damage to cupboard doors and window and door lock replacement. There was no photographic evidence to support these claims and are therefore dismissed.
On 19 October 2022 the Tribunal made an order relating to this tenancy, for rent arrears to 19 October 2022 and water rates (May and June 2022 invoices). The previous order is incorporated into this order for enforcement purposes.
Because Fair Rentals Limited As Agent For Miguel Menezes has substantially succeeded with the claim I have reimbursed the filing fee.

Tenancy Tribunal case 4470465 — Property damage at Unit/Flat 1, 155A Finlayson Avenue, Clendon Park,

At a glance

Tenancy Tribunal case 4470465 — Property damage at Unit/Flat 1, 155A Finlayson Avenue, Clendon Park,

At a glance

Award balance

Claims & awards

Order

Reasons

How much is owed for water rates?

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

How much is owed for water rates?

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