What was Tenancy Tribunal case 4480782 about?

The tribunal order states: An application for suppression has been made in this case, and the Tribunal

How much money was awarded in case 4480782?

Cleaning: $150.00 awarded to landlord; Filing Fee: $20.44 awarded to landlord; Property Damage: $195.00 awarded to landlord; Rent Arrears: $588.57 awarded to tenant; Property Damage: $2,000.00 awarded to landlord; Water Rates: $1,433.00 awarded to landlord

What type of tenancy dispute was case 4480782?

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

Where can I read the official tribunal order for case 4480782?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/9166984-Tribunal_Order_Redacted.pdf.

What was Tenancy Tribunal case 4480782 about?

The tribunal order states: An application for suppression has been made in this case, and the Tribunal

How much money was awarded in case 4480782?

Cleaning: $150.00 awarded to landlord; Filing Fee: $20.44 awarded to landlord; Property Damage: $195.00 awarded to landlord; Rent Arrears: $588.57 awarded to tenant; Property Damage: $2,000.00 awarded to landlord; Water Rates: $1,433.00 awarded to landlord

What type of tenancy dispute was case 4480782?

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

Where can I read the official tribunal order for case 4480782?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/9166984-Tribunal_Order_Redacted.pdf.

130A Tennessee Avenue, Mangere East, Auckland 2024 Tenancy Tribunal Case 4480782 — Property damage

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130A Tennessee Avenue, Mangere East, Auckland 2024 Tenancy Tribunal Case 4480782 — Property damage | TenantCheck

Claims & awards

What this tenancy cost at tribunal — claim, category, amount, and party awarded, with reconciled net total.

Claims and awards in Tenancy Tribunal application 4480782 — net $1,609.87 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Tenant	Reason
Filing fee reimbursement	$20.44		Filing fee reimbursement
Water rates	$1,433.00		Water rates
Repairs: Insurance excess	$2,000.00		Repairs: Insurance excess
Cleaning	$150.00		Cleaning
Lock/key replacement	$195.00		Lock/key replacement
Rent arrears		$588.57	Rent arrears
Total award	$3,798.44	$588.57
Net award	$1,609.87
Total payable by Tenant to Landlord	$1,609.87

Claims and awards for application 4480782 — net $1,609.87 NZD. Verify on MoJ.

Filing fee reimbursement

Amount: $20.44
Awarded to: Landlord
Reason: Filing fee reimbursement

Water rates

Amount: $1,433.00
Awarded to: Landlord
Reason: Water rates

Repairs: Insurance excess

Amount: $2,000.00
Awarded to: Landlord
Reason: Repairs: Insurance excess

Cleaning

Amount: $150.00
Awarded to: Landlord
Reason: Cleaning

Lock/key replacement

Amount: $195.00
Awarded to: Landlord
Reason: Lock/key replacement

Claim types — money lines allowed on this order

Cleanliness Filing Fee Property damage Rent arrears Water Rates

Order

An application for suppression has been made in this case, and the Tribunal orders suppression of the landlord’s name and identifying details.
Josephine Namualli must pay [The landlord/s] $1,609.87 immediately, calculated as shown in table below.
The Bond Centre is to pay the bond of $1,600.00 ([Bond number suppressed]) to [The landlord/s] immediately.

Reasons

The landlord attended the hearing; the respondent did not.
The landlord has applied for compensation, outgoings, refund of the bond, and reimbursement of the filing fee following the end of the tenancy. There was a rental overpayment by the tenant.

How much is owed for water rates?

The tenancy ended on 9 February 2023. The landlord provided water rates invoices which prove the amount owing at the end of the tenancy was $1433.00.

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 tenant did not return the keys.
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.
The following damage was caused carelessly during the tenancy: a. Two internal doors damaged beyond repair. b. Several holes in walls in bedroom 1, bedroom 2 and the lounge. c. Paint damage to walls throughout the house. d. Vanity unit in the bathroom broken beyond repair. e. Large white stain and several smaller stains on the carpet. The damage is more than fair wear and tear, and the tenant has not disproved liability for the damage.
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.
Because [The landlord/s] has wholly succeeded with the claim I must reimburse the filing fee.

Claims & awards

What this tenancy cost at tribunal — claim, category, amount, and party awarded, with reconciled net total.

Claims and awards in Tenancy Tribunal application 4480782 — net $1,609.87 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Tenant	Reason
Filing fee reimbursement	$20.44		Filing fee reimbursement
Water rates	$1,433.00		Water rates
Repairs: Insurance excess	$2,000.00		Repairs: Insurance excess
Cleaning	$150.00		Cleaning
Lock/key replacement	$195.00		Lock/key replacement
Rent arrears		$588.57	Rent arrears
Total award	$3,798.44	$588.57
Net award	$1,609.87
Total payable by Tenant to Landlord	$1,609.87

Claims and awards for application 4480782 — net $1,609.87 NZD. Verify on MoJ.

Filing fee reimbursement

Amount: $20.44
Awarded to: Landlord
Reason: Filing fee reimbursement

Water rates

Amount: $1,433.00
Awarded to: Landlord
Reason: Water rates

Repairs: Insurance excess

Amount: $2,000.00
Awarded to: Landlord
Reason: Repairs: Insurance excess

Cleaning

Amount: $150.00
Awarded to: Landlord
Reason: Cleaning

Lock/key replacement

Amount: $195.00
Awarded to: Landlord
Reason: Lock/key replacement

Claim types — money lines allowed on this order

Cleanliness Filing Fee Property damage Rent arrears Water Rates

Order

An application for suppression has been made in this case, and the Tribunal orders suppression of the landlord’s name and identifying details.
Josephine Namualli must pay [The landlord/s] $1,609.87 immediately, calculated as shown in table below.
The Bond Centre is to pay the bond of $1,600.00 ([Bond number suppressed]) to [The landlord/s] immediately.

Reasons

The landlord attended the hearing; the respondent did not.
The landlord has applied for compensation, outgoings, refund of the bond, and reimbursement of the filing fee following the end of the tenancy. There was a rental overpayment by the tenant.

How much is owed for water rates?

The tenancy ended on 9 February 2023. The landlord provided water rates invoices which prove the amount owing at the end of the tenancy was $1433.00.

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 tenant did not return the keys.
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.
The following damage was caused carelessly during the tenancy: a. Two internal doors damaged beyond repair. b. Several holes in walls in bedroom 1, bedroom 2 and the lounge. c. Paint damage to walls throughout the house. d. Vanity unit in the bathroom broken beyond repair. e. Large white stain and several smaller stains on the carpet. The damage is more than fair wear and tear, and the tenant has not disproved liability for the damage.
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.
Because [The landlord/s] has wholly succeeded with the claim I must reimburse the filing fee.

Tenancy Tribunal case 4480782 — Property damage at 130A Tennessee Avenue, Mangere East, Auckland 2024

At a glance

Tenancy Tribunal case 4480782 — Property damage at 130A Tennessee Avenue, Mangere East, Auckland 2024

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

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

Frequently asked questions