How much money was awarded in case 4502027?

Cleaning: $210.00 awarded to landlord; Filing Fee: $20.44 awarded to landlord; Property Damage: $30.90 awarded to landlord; Rent Arrears: $162.85 awarded to landlord; Door Holes: $230.00 awarded to landlord; Swipe Card: $50.00 awarded to landlord

What type of tenancy dispute was case 4502027?

The primary dispute was Property damage. Related themes: Cleanliness, Rent arrears.

Where can I read the official tribunal order for case 4502027?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/9420398-Tribunal_Order_Redacted.pdf.

How much money was awarded in case 4502027?

Cleaning: $210.00 awarded to landlord; Filing Fee: $20.44 awarded to landlord; Property Damage: $30.90 awarded to landlord; Rent Arrears: $162.85 awarded to landlord; Door Holes: $230.00 awarded to landlord; Swipe Card: $50.00 awarded to landlord

What type of tenancy dispute was case 4502027?

The primary dispute was Property damage. Related themes: Cleanliness, Rent arrears.

Where can I read the official tribunal order for case 4502027?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/9420398-Tribunal_Order_Redacted.pdf.

Room Suite 24B, 30 Westward Ho, Glen Eden, Auckland Tenancy Tribunal Case 4502027 — Property damage

Q: What was Tenancy Tribunal case 4502027 about?

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

Order

Claims and awards in Tenancy Tribunal application 4502027 — net $704.19 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears	$162.85	Rent arrears
Cleaning	$210.00	Cleaning
Swipe card	$50.00	Swipe card
Lock/key replacement	$30.90	Lock/key replacement
Repairs: Door holes	$230.00	Repairs: Door holes
Filing fee reimbursement	$20.44	Filing fee reimbursement
Net award	$704.19
Bond	$1,292.56
Total payable by Tenant to Landlord	$704.19

An application for suppression has been made in this case, and the Tribunal orders suppression of the Landlord name and identifying details.

Shania Manukau to pay [The landlord/s] $704.19 from the bond, calculated as shown in table below.

The Bond Centre is to pay the bond of $1,292.56 ([Bond number suppressed]) immediately apportioned as follows: [The landlord/s]: $704.19 Shania Manukau: $588.37

Reasons

The landlord attended the hearing by telephone. The tenant did not attend the hearing.

The landlord has applied for rent arrears, compensation, refund of the bond, and reimbursement of the filing fee following the end of the tenancy.

How much is owed for rent?

The tenancy ended on 25 January 2023. The landlord provided rent records 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 tenant did not return the swipe card or the key for the mailbox.

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: door holes. 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.

The landlord claimed the cost of a toilet seat bolt and a plug. These claims are not allowed as there is no proof that these went missing or were damaged during the tenancy. Bond

At the beginning of the tenancy the bond paid and lodged with the Bond Centre was $1520.00.

A Tenancy Order (4470824) dated 9 February 2023 refunded $227.44 of the bond money to the landlord for the tenant’s breach of the Body Corporate rules.

At this hearing $1,292.56 of the bond remains with the Bond Centre. That amount is refunded to the parties in accordance with the award made.

Because [The applicant/s] has substantially succeeded with the claim I have reimbursed the filing fee. For the same reason the landlord’s name is suppressed.

Claims and awards in Tenancy Tribunal application 4502027 — net $704.19 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears	$162.85	Rent arrears
Cleaning	$210.00	Cleaning
Swipe card	$50.00	Swipe card
Lock/key replacement	$30.90	Lock/key replacement
Repairs: Door holes	$230.00	Repairs: Door holes
Filing fee reimbursement	$20.44	Filing fee reimbursement
Net award	$704.19
Bond	$1,292.56
Total payable by Tenant to Landlord	$704.19

Order

An application for suppression has been made in this case, and the Tribunal orders suppression of the Landlord name and identifying details.
Shania Manukau to pay [The landlord/s] $704.19 from the bond, calculated as shown in table below.
The Bond Centre is to pay the bond of $1,292.56 ([Bond number suppressed]) immediately apportioned as follows: [The landlord/s]: $704.19 Shania Manukau: $588.37

Reasons

The landlord attended the hearing by telephone. The tenant did not attend the hearing.
The landlord has applied for rent arrears, compensation, refund of the bond, and reimbursement of the filing fee following the end of the tenancy.

How much is owed for rent?

The tenancy ended on 25 January 2023. The landlord provided rent records 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 tenant did not return the swipe card or the key for the mailbox.
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: door holes. 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.
The landlord claimed the cost of a toilet seat bolt and a plug. These claims are not allowed as there is no proof that these went missing or were damaged during the tenancy. Bond
At the beginning of the tenancy the bond paid and lodged with the Bond Centre was $1520.00.
A Tenancy Order (4470824) dated 9 February 2023 refunded $227.44 of the bond money to the landlord for the tenant’s breach of the Body Corporate rules.
At this hearing $1,292.56 of the bond remains with the Bond Centre. That amount is refunded to the parties in accordance with the award made.
Because [The applicant/s] has substantially succeeded with the claim I have reimbursed the filing fee. For the same reason the landlord’s name is suppressed.

Tenancy Tribunal case 4502027 — Property damage at Room Suite 24B, 30 Westward Ho, Glen Eden, Auckland

At a glance

Tenancy Tribunal case 4502027 — Property damage at Room Suite 24B, 30 Westward Ho, Glen Eden, Auckland

At a glance

Award balance

Claims & awards

Order

Reasons

How much is owed for rent?

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 rent?

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