How much money was awarded in case 4533589?

Cleaning: $620.00 awarded to landlord; Filing Fee: $20.44 awarded to landlord; Lightbulbs: $21.68 awarded to landlord; Property Damage: $99.00 awarded to landlord; Rent Arrears: $840.00 awarded to landlord; Blind: $23.00 awarded to landlord; Carpet: $709.55 awarded to landlord; Walls: $650.00 awarded to landlord; Wardrobe: $126.50 awarded to landlord; Rubbish Removal: $13.80 awarded to landlord; Tow Abandoned Car: $325.00 awarded to landlord; Water Rates: $103.19 awarded to landlord

What type of tenancy dispute was case 4533589?

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

Where can I read the official tribunal order for case 4533589?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/9460554-Tenancy_Tribunal_Order.pdf.

How much money was awarded in case 4533589?

Cleaning: $620.00 awarded to landlord; Filing Fee: $20.44 awarded to landlord; Lightbulbs: $21.68 awarded to landlord; Property Damage: $99.00 awarded to landlord; Rent Arrears: $840.00 awarded to landlord; Blind: $23.00 awarded to landlord; Carpet: $709.55 awarded to landlord; Walls: $650.00 awarded to landlord; Wardrobe: $126.50 awarded to landlord; Rubbish Removal: $13.80 awarded to landlord; Tow Abandoned Car: $325.00 awarded to landlord; Water Rates: $103.19 awarded to landlord

What type of tenancy dispute was case 4533589?

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

Where can I read the official tribunal order for case 4533589?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/9460554-Tenancy_Tribunal_Order.pdf.

Unit/Flat 3, 10 Glenfield Road, Birkenhead, Auckland 0626 Tenancy Tribunal Case 4533589 — Property damage

Q: What was the outcome of Tenancy Tribunal case 4533589?

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 4533589. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears	$840.00	Rent arrears
Water rates	$103.19	Water rates
Cleaning	$620.00	Cleaning
Light bulbs/batteries	$21.68	Light bulbs/batteries
Tow abandoned car	$325.00	Tow abandoned car
Lock/key replacement	$99.00	Lock/key replacement
Rubbish removal: bags	$13.80	Rubbish removal: bags
Repairs: blind	$23.00	Repairs: blind
Repairs: wardrobe	$126.50	Repairs: wardrobe
Repairs: carpet	$709.55	Repairs: carpet
Repairs: walls	$650.00	Repairs: walls
Filing fee reimbursement	$20.44	Filing fee reimbursement

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

The Bond Centre is to pay the bond of $3,552.16 (6281516-001) to North Shore Rentals Limited immediately. The Bond Centre is to pay the bond of $47.84 (6281516-001) to Christopher Lopez and Jestoni Celebre immediately.

Reasons

Both parties attended 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 and water rates?

The tenancy ended on 17 February 2023. The landlord provided rent records and 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 is required to replace worn out smoke alarm batteries during the tenancy. See section 40(1)(ca) Residential Tenancies Act 1986. The tenant must also replace standard light bulbs.

The tenant did not leave the premises reasonably clean and tidy, and did not remove all rubbish. The claim for cleaning includes carpet cleaning and the amount awarded is made after consideration of the photographs submitted as evidence.

The tenant did not return the keys.

The landlord had to replace light bulbs.

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: carpet damage, wall damage, blind damage, wardrobe door damage. 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 award for wall damage is made after consideration of the photographs produced as evidence.

The landlord had claimed for damage to the kitchen cabinets, but this was not awarded because the photographs show that the cabinets had water damage. It is necessary to have water in a kitchen and it is likely that if the cabinets were of better quality the damage would not have occurred.

Because North Shore Rentals Limited has substantially succeeded with the claim I have reimbursed the filing fee.

Claims and awards in Tenancy Tribunal application 4533589. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears	$840.00	Rent arrears
Water rates	$103.19	Water rates
Cleaning	$620.00	Cleaning
Light bulbs/batteries	$21.68	Light bulbs/batteries
Tow abandoned car	$325.00	Tow abandoned car
Lock/key replacement	$99.00	Lock/key replacement
Rubbish removal: bags	$13.80	Rubbish removal: bags
Repairs: blind	$23.00	Repairs: blind
Repairs: wardrobe	$126.50	Repairs: wardrobe
Repairs: carpet	$709.55	Repairs: carpet
Repairs: walls	$650.00	Repairs: walls
Filing fee reimbursement	$20.44	Filing fee reimbursement

Order

No application for suppression has been made in this case and no suppression orders apply around publication of this decision.
The Bond Centre is to pay the bond of $3,552.16 (6281516-001) to North Shore Rentals Limited immediately. The Bond Centre is to pay the bond of $47.84 (6281516-001) to Christopher Lopez and Jestoni Celebre immediately.

Reasons

Both parties attended 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 and water rates?

The tenancy ended on 17 February 2023. The landlord provided rent records and 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 is required to replace worn out smoke alarm batteries during the tenancy. See section 40(1)(ca) Residential Tenancies Act 1986. The tenant must also replace standard light bulbs.
The tenant did not leave the premises reasonably clean and tidy, and did not remove all rubbish. The claim for cleaning includes carpet cleaning and the amount awarded is made after consideration of the photographs submitted as evidence.
The tenant did not return the keys.
The landlord had to replace light bulbs.
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: carpet damage, wall damage, blind damage, wardrobe door damage. 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 award for wall damage is made after consideration of the photographs produced as evidence.
The landlord had claimed for damage to the kitchen cabinets, but this was not awarded because the photographs show that the cabinets had water damage. It is necessary to have water in a kitchen and it is likely that if the cabinets were of better quality the damage would not have occurred.
Because North Shore Rentals Limited has substantially succeeded with the claim I have reimbursed the filing fee.

Tenancy Tribunal case 4533589 — Property damage at Unit/Flat 3, 10 Glenfield Road, Birkenhead, Auckland 0626

At a glance

Tenancy Tribunal case 4533589 — Property damage at Unit/Flat 3, 10 Glenfield Road, Birkenhead, Auckland 0626

At a glance

Claims & awards

Order

Reasons

How much is owed for rent and 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

Claims & awards

Order

Reasons

How much is owed for rent and 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