How much money was awarded in case 4564429?

Cleaning: $335.00 awarded to landlord; Filing Fee: $20.44 awarded to landlord; Locksmith: $240.00 awarded to landlord; Property Damage: $185.73 awarded to landlord; Property Damage: $166.99 awarded to landlord; Rent Arrears: $742.86 awarded to landlord; Replace and install two smashed door…: $1,159.00 awarded to landlord

What type of tenancy dispute was case 4564429?

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

Where can I read the official tribunal order for case 4564429?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/9279044-Tenancy_Tribunal_Order.pdf.

How much money was awarded in case 4564429?

Cleaning: $335.00 awarded to landlord; Filing Fee: $20.44 awarded to landlord; Locksmith: $240.00 awarded to landlord; Property Damage: $185.73 awarded to landlord; Property Damage: $166.99 awarded to landlord; Rent Arrears: $742.86 awarded to landlord; Replace and install two smashed door…: $1,159.00 awarded to landlord

What type of tenancy dispute was case 4564429?

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

Where can I read the official tribunal order for case 4564429?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/9279044-Tenancy_Tribunal_Order.pdf.

Unit/Flat 1, 34 Hoteo Avenue, Papatoetoe, Auckland 2025 Tenancy Tribunal Case 4564429 — Property damage

Q: What was the outcome of Tenancy Tribunal case 4564429?

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 4564429 — net $250.02 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears	$742.86	Rent arrears
Carpet Cleaning	$335.00	Carpet Cleaning
Filing fee reimbursement	$20.44	Filing fee reimbursement
Window glass replacement	$185.73	Window glass replacement
Electrical fittings replacement/repair	$166.99	Electrical fittings replacement/repair
Repairs: Replace and install two smashed doors and paint doors	$1,159.00	Repairs: Replace and install two smashed doors and paint doors
Locksmith	$240.00	Locksmith
Net award	$250.02
Total payable by Tenant to Landlord	$250.02

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

Wendy Ann Koha must pay Charlton Property Management Ltd $250.02 immediately, being rent arrears to 10 February 2023, compensation and filing fee, as calculated, and shown in table below: DescriptionLandlord Rent arrears$742.86 Carpet Cleaning$335.00 Filing fee reimbursement$20.44 Window glass replacement$185.73 Electrical fittings replacement/repair$166.99 Repairs: Replace and install two smashed doors and paint doors $1,159.00 Locksmith $240.00 Total award$2,850.02 Minus Bond$2,600.00 Total payable by Tenant to Landlord$250.02

The Bond Centre is to pay the bond of $2,600.00 () to Charlton Property Management Ltd immediately.

I am dismissing the landlord’s claim for cleaning costs.

Reasons

The landlord attended the hearing, the tenant did not appear.

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 10 March 2023. The landlord provided rent records which prove the amount of $$742.86 owing at the end of the tenancy.

I am satisfied that the landlord has proven their claim for rent arrears.

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 landlord claims that the tenant did not leave the premises reasonably clean and tidy and has provided specific photographs and an invoice from Joy C & M Ltd for $460.00 for cleaning.

I find that the property was left reasonable clean and tidy, other than the carpets. I am dismissing the landlord’s claim for cleaning.

The landlord is claiming for carpet cleaning and has provided photographs and an invoice from Charlton Property Management dated 28 March 2023 for $335.00 for cleaning the carpets.

The photos show that the carpets were left in a dirty and unclean condition with heavy stains. I find that the landlord has proven their claim for carpet cleaning.

The tenant did not return the keys. The landlord has provided an invoice from TJ Locksmith Ltd dated 15 March 2023 for $240.00. I am satisfied that the landlord has proven their claim for the locksmith costs.

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: -A broken window in the back bedroom -Broken PowerPoint in bedroom -Smashed internal doors

The landlord has provided photographs of the property at the start of the tenancy and a report. The property was in a good condition at the start of the tenancy with no broken windows, power point and doors.

The photographs from the end of the tenancy show smashed and destroyed internal doors, which were unable to be fixed. The landlord provided an invoice from Good Keen Men dated 8 April 2023 for $1000.00 plus GST for the replacement cost of the doors, painting and installing them.

I am satisfied that the landlord has proven their claim for damage to the doors.

The landlord has provided photographs of a smashed bedroom window and an invoice from Glass Master Services Ltd dated 30 March 2023 for $185.73 for replacing the glass.

I am satisfied that the landlord has proven their claim for the window repair.

The landlord claims $166.99 for the cost of replacing the power point in the bedroom. The invoice is from Hines Electrical Security Ltd dated 30 March 2023.

The landlord provided photographs of the broken power point. The whole power point is destroyed and could not be fixed.

I am satisfied that the landlord has proven their claim for the electrical work.

The damage is more than fair wear and tear, and the tenant has not disproved liability for the damage.

The amounts ordered are proved.

The bond is to be refunded to the landlord to cover the cost of the debt owed by the tenant to the landlord. The tenant has a remaining sum of $250.02 owing to the landlord to be paid immediately.

Because Charlton Property Management Ltd has substantially succeeded with the claim I have reimbursed the filing fee.

Claims and awards in Tenancy Tribunal application 4564429 — net $250.02 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears	$742.86	Rent arrears
Carpet Cleaning	$335.00	Carpet Cleaning
Filing fee reimbursement	$20.44	Filing fee reimbursement
Window glass replacement	$185.73	Window glass replacement
Electrical fittings replacement/repair	$166.99	Electrical fittings replacement/repair
Repairs: Replace and install two smashed doors and paint doors	$1,159.00	Repairs: Replace and install two smashed doors and paint doors
Locksmith	$240.00	Locksmith
Net award	$250.02
Total payable by Tenant to Landlord	$250.02

Order

No application for suppression has been made in this case and no suppression orders apply around publication of this decision.
Wendy Ann Koha must pay Charlton Property Management Ltd $250.02 immediately, being rent arrears to 10 February 2023, compensation and filing fee, as calculated, and shown in table below: DescriptionLandlord Rent arrears$742.86 Carpet Cleaning$335.00 Filing fee reimbursement$20.44 Window glass replacement$185.73 Electrical fittings replacement/repair$166.99 Repairs: Replace and install two smashed doors and paint doors $1,159.00 Locksmith $240.00 Total award$2,850.02 Minus Bond$2,600.00 Total payable by Tenant to Landlord$250.02
The Bond Centre is to pay the bond of $2,600.00 () to Charlton Property Management Ltd immediately.
I am dismissing the landlord’s claim for cleaning costs.

Reasons

The landlord attended the hearing, the tenant did not appear.
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 10 March 2023. The landlord provided rent records which prove the amount of $$742.86 owing at the end of the tenancy.
I am satisfied that the landlord has proven their claim for rent arrears.

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 landlord claims that the tenant did not leave the premises reasonably clean and tidy and has provided specific photographs and an invoice from Joy C & M Ltd for $460.00 for cleaning.
I find that the property was left reasonable clean and tidy, other than the carpets. I am dismissing the landlord’s claim for cleaning.
The landlord is claiming for carpet cleaning and has provided photographs and an invoice from Charlton Property Management dated 28 March 2023 for $335.00 for cleaning the carpets.
The photos show that the carpets were left in a dirty and unclean condition with heavy stains. I find that the landlord has proven their claim for carpet cleaning.
The tenant did not return the keys. The landlord has provided an invoice from TJ Locksmith Ltd dated 15 March 2023 for $240.00. I am satisfied that the landlord has proven their claim for the locksmith costs.
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: -A broken window in the back bedroom -Broken PowerPoint in bedroom -Smashed internal doors
The landlord has provided photographs of the property at the start of the tenancy and a report. The property was in a good condition at the start of the tenancy with no broken windows, power point and doors.
The photographs from the end of the tenancy show smashed and destroyed internal doors, which were unable to be fixed. The landlord provided an invoice from Good Keen Men dated 8 April 2023 for $1000.00 plus GST for the replacement cost of the doors, painting and installing them.
I am satisfied that the landlord has proven their claim for damage to the doors.
The landlord has provided photographs of a smashed bedroom window and an invoice from Glass Master Services Ltd dated 30 March 2023 for $185.73 for replacing the glass.
I am satisfied that the landlord has proven their claim for the window repair.
The landlord claims $166.99 for the cost of replacing the power point in the bedroom. The invoice is from Hines Electrical Security Ltd dated 30 March 2023.
The landlord provided photographs of the broken power point. The whole power point is destroyed and could not be fixed.
I am satisfied that the landlord has proven their claim for the electrical work.
The damage is more than fair wear and tear, and the tenant has not disproved liability for the damage.
The amounts ordered are proved.
The bond is to be refunded to the landlord to cover the cost of the debt owed by the tenant to the landlord. The tenant has a remaining sum of $250.02 owing to the landlord to be paid immediately.
Because Charlton Property Management Ltd has substantially succeeded with the claim I have reimbursed the filing fee.

Tenancy Tribunal case 4564429 — Property damage at Unit/Flat 1, 34 Hoteo Avenue, Papatoetoe, Auckland 2025

At a glance

Tenancy Tribunal case 4564429 — Property damage at Unit/Flat 1, 34 Hoteo Avenue, Papatoetoe, Auckland 2025

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

Property management

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

Property management

Frequently asked questions