What was the outcome of Tenancy Tribunal case 4542596?

The tribunal order states: Chylsea Leewes must pay Phuoc Thi Do $11,304.89 immediately, calculated as

How much money was awarded in case 4542596?

Filing Fee: $20.44 awarded to landlord; Lost Rent: $750.00 awarded to landlord; Previous Order Application 4469340 D…: $5,170.44 awarded to landlord; Property Damage: $470.00 awarded to landlord; Property Damage: $387.58 awarded to landlord; Property Damage: $1,000.00 awarded to landlord; Property Damage: $400.00 awarded to landlord; Replace Curtain And Rod: $123.00 awarded to landlord; Property Damage: $2,000.00 awarded to landlord; Rubbish Removal: $605.00 awarded to landlord; Water Rates: $378.43 awarded to landlord

What type of tenancy dispute was case 4542596?

The primary dispute was Property damage. Related themes: Lost Rent.

Where can I read the official tribunal order for case 4542596?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/9291861-Tenancy_Tribunal_Order.pdf.

What was the outcome of Tenancy Tribunal case 4542596?

The tribunal order states: Chylsea Leewes must pay Phuoc Thi Do $11,304.89 immediately, calculated as

How much money was awarded in case 4542596?

Filing Fee: $20.44 awarded to landlord; Lost Rent: $750.00 awarded to landlord; Previous Order Application 4469340 D…: $5,170.44 awarded to landlord; Property Damage: $470.00 awarded to landlord; Property Damage: $387.58 awarded to landlord; Property Damage: $1,000.00 awarded to landlord; Property Damage: $400.00 awarded to landlord; Replace Curtain And Rod: $123.00 awarded to landlord; Property Damage: $2,000.00 awarded to landlord; Rubbish Removal: $605.00 awarded to landlord; Water Rates: $378.43 awarded to landlord

What type of tenancy dispute was case 4542596?

The primary dispute was Property damage. Related themes: Lost Rent.

Where can I read the official tribunal order for case 4542596?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/9291861-Tenancy_Tribunal_Order.pdf.

16 Cathcart Close, Pukekohe, Auckland 2120 Tenancy Tribunal Case 4542596 — Property damage

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16 Cathcart Close, Pukekohe, Auckland 2120 Tenancy Tribunal Case 4542596 — 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 4542596 — net $11,304.89 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Previous order application 4469340 dated 07/03/2023	$5,170.44	Previous order application 4469340 dated 07/03/2023
Water rates	$378.43	Water rates
Replacement of vanity	$470.00	Replacement of vanity
Window repairs	$387.58	Window repairs
Repairs: replace curtain and rod	$123.00	Repairs: replace curtain and rod
Rubbish removal	$605.00	Rubbish removal
Repairs: walls (insurance excess, projected	$2,000.00	Repairs: walls (insurance excess, projected
Repairs: carpet replacement (insurance excess, projected	$1,000.00	Repairs: carpet replacement (insurance excess, projected
Repairs: plumber’s invoice to install vanity and repair damaged kitchen tap	$400.00	Repairs: plumber’s invoice to install vanity and repair damaged kitchen tap
One week's lost rent to carry out the above repairs	$750.00	One week's lost rent to carry out the above repairs
Filing fee reimbursement	$20.44	Filing fee reimbursement
Net award	$11,304.89
Total payable by Tenant to Landlord	$11,304.89

Claims and awards for application 4542596 — net $11,304.89 NZD. Verify on MoJ.

Previous order application 4469340 dated 07/03/2023

Amount: $5,170.44
Awarded to: Landlord
Reason: Previous order application 4469340 dated 07/03/2023

Water rates

Amount: $378.43
Awarded to: Landlord
Reason: Water rates

Replacement of vanity

Amount: $470.00
Awarded to: Landlord
Reason: Replacement of vanity

Window repairs

Amount: $387.58
Awarded to: Landlord
Reason: Window repairs

Repairs: replace curtain and rod

Amount: $123.00
Awarded to: Landlord
Reason: Repairs: replace curtain and rod

Claim types — money lines allowed on this order

Filing Fee Lost Rent Property damage Rubbish Removal Water Rates

Order

Chylsea Leewes must pay Phuoc Thi Do $11,304.89 immediately, calculated as shown in table below.
This order incorporates the Tribunal order made on 7 March 2023 under application 4469340.

Reasons

Only the landlord attended the hearing.
The landlord has applied for compensation 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 7 March 2023 pursuant to the order of the Tribunal on 7 March 2023. The landlord provided water rates invoices which prove the amount owing at the end of the tenancy.
The previous order is incorporated into this order for enforcement purposes.

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 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: windows, vanity, curtains, walls, and carpet. The damage is more than fair wear and tear, and the tenant has not disproved liability for the damage.
Only the above amounts ordered are proved. The tenant’s liability is limited to the lesser of the projected insurance excess applicable.

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 4542596 — net $11,304.89 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Previous order application 4469340 dated 07/03/2023	$5,170.44	Previous order application 4469340 dated 07/03/2023
Water rates	$378.43	Water rates
Replacement of vanity	$470.00	Replacement of vanity
Window repairs	$387.58	Window repairs
Repairs: replace curtain and rod	$123.00	Repairs: replace curtain and rod
Rubbish removal	$605.00	Rubbish removal
Repairs: walls (insurance excess, projected	$2,000.00	Repairs: walls (insurance excess, projected
Repairs: carpet replacement (insurance excess, projected	$1,000.00	Repairs: carpet replacement (insurance excess, projected
Repairs: plumber’s invoice to install vanity and repair damaged kitchen tap	$400.00	Repairs: plumber’s invoice to install vanity and repair damaged kitchen tap
One week's lost rent to carry out the above repairs	$750.00	One week's lost rent to carry out the above repairs
Filing fee reimbursement	$20.44	Filing fee reimbursement
Net award	$11,304.89
Total payable by Tenant to Landlord	$11,304.89

Claims and awards for application 4542596 — net $11,304.89 NZD. Verify on MoJ.

Previous order application 4469340 dated 07/03/2023

Amount: $5,170.44
Awarded to: Landlord
Reason: Previous order application 4469340 dated 07/03/2023

Water rates

Amount: $378.43
Awarded to: Landlord
Reason: Water rates

Replacement of vanity

Amount: $470.00
Awarded to: Landlord
Reason: Replacement of vanity

Window repairs

Amount: $387.58
Awarded to: Landlord
Reason: Window repairs

Repairs: replace curtain and rod

Amount: $123.00
Awarded to: Landlord
Reason: Repairs: replace curtain and rod

Claim types — money lines allowed on this order

Filing Fee Lost Rent Property damage Rubbish Removal Water Rates

Order

Chylsea Leewes must pay Phuoc Thi Do $11,304.89 immediately, calculated as shown in table below.
This order incorporates the Tribunal order made on 7 March 2023 under application 4469340.

Reasons

Only the landlord attended the hearing.
The landlord has applied for compensation 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 7 March 2023 pursuant to the order of the Tribunal on 7 March 2023. The landlord provided water rates invoices which prove the amount owing at the end of the tenancy.
The previous order is incorporated into this order for enforcement purposes.

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 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: windows, vanity, curtains, walls, and carpet. The damage is more than fair wear and tear, and the tenant has not disproved liability for the damage.
Only the above amounts ordered are proved. The tenant’s liability is limited to the lesser of the projected insurance excess applicable.

Tenancy Tribunal case 4542596 — Property damage at 16 Cathcart Close, Pukekohe, Auckland 2120

At a glance

Tenancy Tribunal case 4542596 — Property damage at 16 Cathcart Close, Pukekohe, Auckland 2120

At a glance

Award balance

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

Frequently asked questions

Award balance

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

Frequently asked questions