How much money was awarded in case 4503899?

____________________________________…: $210.00 awarded to landlord; Cleaning: $483.00 awarded to landlord; Filing Fee: $20.44 awarded to landlord; Lawns and Garden Work: $100.00 awarded to landlord; Property Damage: $382.75 awarded to landlord; Previous Order Application 4503899 D…: $1,629.81 awarded to landlord; Property Damage: $326.02 awarded to landlord; Bathroom Floor: $250.00 awarded to landlord; Bathroom Sink: $402.50 awarded to landlord; Property Damage: $1,037.00 awarded to landlord; Broken Toilet Seat: $109.25 awarded to landlord; Door And Frame: $690.00 awarded to landlord; Holes In The Wall / Spray Paint: $345.00 awarded to landlord; Property Damage: $345.00 awarded to landlord; Rewiring: $501.63 awarded to landlord; Rubbish Removal: $1,449.00 awarded to landlord; Water Rates: $530.88 awarded to landlord

What type of tenancy dispute was case 4503899?

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

Where can I read the official tribunal order for case 4503899?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/9406460-Tribunal_Order_Redacted.pdf.

How much money was awarded in case 4503899?

____________________________________…: $210.00 awarded to landlord; Cleaning: $483.00 awarded to landlord; Filing Fee: $20.44 awarded to landlord; Lawns and Garden Work: $100.00 awarded to landlord; Property Damage: $382.75 awarded to landlord; Previous Order Application 4503899 D…: $1,629.81 awarded to landlord; Property Damage: $326.02 awarded to landlord; Bathroom Floor: $250.00 awarded to landlord; Bathroom Sink: $402.50 awarded to landlord; Property Damage: $1,037.00 awarded to landlord; Broken Toilet Seat: $109.25 awarded to landlord; Door And Frame: $690.00 awarded to landlord; Holes In The Wall / Spray Paint: $345.00 awarded to landlord; Property Damage: $345.00 awarded to landlord; Rewiring: $501.63 awarded to landlord; Rubbish Removal: $1,449.00 awarded to landlord; Water Rates: $530.88 awarded to landlord

What type of tenancy dispute was case 4503899?

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

Where can I read the official tribunal order for case 4503899?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/9406460-Tribunal_Order_Redacted.pdf.

46A Hindmarsh Street, Henderson, Auckland 0612 Tenancy Tribunal Case 4503899 — Property damage

Q: What was Tenancy Tribunal case 4503899 about?

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

Tenantcheck Insights

Claims and awards in Tenancy Tribunal application 4503899 — net $7,712.28 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Previous order application 4503899 dated 31/08/2023	$1,629.81	Previous order application 4503899 dated 31/08/2023
Water rates	$530.88	Water rates
Repairs: Broken Hob - replacement	$1,037.00	Repairs: Broken Hob - replacement
Lock/key replacement: Key Cutting	$382.75	Lock/key replacement: Key Cutting
Window repairs	$326.02	Window repairs
Rubbish removal	$1,449.00	Rubbish removal
Repairs: Broken toilet seat	$109.25	Repairs: Broken toilet seat
Repairs: Rewiring	$501.63	Repairs: Rewiring
Repairs: Holes in the wall / spray paint	$345.00	Repairs: Holes in the wall / spray paint
Repairs: Replacement ceiling hatch	$345.00	Repairs: Replacement ceiling hatch
Repairs: Door and frame	$690.00	Repairs: Door and frame
Repairs: Bathroom floor	$250.00	Repairs: Bathroom floor
Repairs: Bathroom sink	$402.50	Repairs: Bathroom sink
Lawns and Garden work: removal of garden waste	$100.00	Lawns and Garden work: removal of garden waste
__________________________________________________________________________________ 45038992 Replace furnishings: curtain	$210.00	__________________________________________________________________________________ 45038992 Replace furnishings: curtain
Filing fee reimbursement	$20.44	Filing fee reimbursement
Cleaning	$483.00	Cleaning
Net award	$7,712.28
Total payable by Tenant to Landlord	$7,712.28

Claims and awards in Tenancy Tribunal application 4503899 — net $7,712.28 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.

Claim

Landlord

Tenant

Reason

Previous order application 4503899 dated 31/08/2023

$1,629.81

Previous order application 4503899 dated 31/08/2023

Water rates

$530.88

Water rates

Repairs: Broken Hob - replacement

$1,037.00

Repairs: Broken Hob - replacement

Lock/key replacement: Key Cutting

$382.75

Lock/key replacement: Key Cutting

Window repairs

$326.02

Window repairs

Rubbish removal

$1,449.00

Rubbish removal

Repairs: Broken toilet seat

$109.25

Repairs: Broken toilet seat

Repairs: Rewiring

$501.63

Repairs: Rewiring

Repairs: Holes in the wall / spray paint

$345.00

Repairs: Holes in the wall / spray paint

Repairs: Replacement ceiling hatch

$345.00

Repairs: Replacement ceiling hatch

Repairs: Door and frame

$690.00

Repairs: Door and frame

Repairs: Bathroom floor

$250.00

Repairs: Bathroom floor

Repairs: Bathroom sink

$402.50

Repairs: Bathroom sink

Lawns and Garden work: removal of garden waste

$100.00

Lawns and Garden work: removal of garden waste

__________________________________________________________________________________ 45038992 Replace furnishings: curtain

$210.00

__________________________________________________________________________________ 45038992 Replace furnishings: curtain

Filing fee reimbursement

$20.44

Filing fee reimbursement

Cleaning

$483.00

Cleaning

Net award

$7,712.28

Total payable by Tenant to Landlord

$7,712.28

Order

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

The order 4503899 dated 31 August 2023 is incorporated into this order for the purposes of enforcement.

Letitia Ava Reeves must pay [The landlord/s] $7,712.28 immediately, calculated as shown in table below.

Reasons

The landlord attended the hearing dated 11 September 2023, the tenant was called on both telephone numbers the Tribunal had for her but the tenant did not answer the calls.

This order should be read in conjunction with my orders of the 13 April and 31 August 2023.

The landlord has applied for compensation for cleaning, rubbish removal, key change and damage to the property following the end of the tenancy.

My order dated 31 August 2023 is incorporated into this order for the purposes of enforcement.

In my previous order of the 31 August, I had determined that the tenant was liable for the water rates but had omitted the amount of water rates from the order. The water rates are included in this order.

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 landlord conducted a final inspection and took photographs of the property on the 3 May 2023. The inspection shows a property that is very dirty, with a lot of rubbish and furnishings having been left by the tenant.

The tenant did not return the keys, including new keys which the tenant asked the landlord to recut for her shortly before the end of the tenancy.

The tenant left lawn clippings and garden waste under a pile of belongings outside.

The landlord had to clean the property, remove the tenant’s belongings, none of which were of a value that was more than the cost of removing and dumping them, and remove the garden waste. The landlord provided invoices for these expenses.

I have reduced the amount awarded for the garden waste as it was not clear how long the garden waste had been there.

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: broken windows, broken hob, holes in walls, spray paint on walls, torn up lino, cigarette burns on the bathroom vanity, broken and removed hatch to ceiling, broken toilet seat, damage to the meter box (electrician says tampering with wires), broken door and frame in the bedroom, lino pulled up in bathroom, curtain rail and curtains removed. 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.

As the landlord is the successful party, they are entitled to name suppression and the filing fee.

Claims and awards in Tenancy Tribunal application 4503899 — net $7,712.28 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Previous order application 4503899 dated 31/08/2023	$1,629.81	Previous order application 4503899 dated 31/08/2023
Water rates	$530.88	Water rates
Repairs: Broken Hob - replacement	$1,037.00	Repairs: Broken Hob - replacement
Lock/key replacement: Key Cutting	$382.75	Lock/key replacement: Key Cutting
Window repairs	$326.02	Window repairs
Rubbish removal	$1,449.00	Rubbish removal
Repairs: Broken toilet seat	$109.25	Repairs: Broken toilet seat
Repairs: Rewiring	$501.63	Repairs: Rewiring
Repairs: Holes in the wall / spray paint	$345.00	Repairs: Holes in the wall / spray paint
Repairs: Replacement ceiling hatch	$345.00	Repairs: Replacement ceiling hatch
Repairs: Door and frame	$690.00	Repairs: Door and frame
Repairs: Bathroom floor	$250.00	Repairs: Bathroom floor
Repairs: Bathroom sink	$402.50	Repairs: Bathroom sink
Lawns and Garden work: removal of garden waste	$100.00	Lawns and Garden work: removal of garden waste
__________________________________________________________________________________ 45038992 Replace furnishings: curtain	$210.00	__________________________________________________________________________________ 45038992 Replace furnishings: curtain
Filing fee reimbursement	$20.44	Filing fee reimbursement
Cleaning	$483.00	Cleaning
Net award	$7,712.28
Total payable by Tenant to Landlord	$7,712.28