What was the outcome of Tenancy Tribunal case 4607689?

The tribunal order states: No application for suppression has been made in this case and no suppression

How much money was awarded in case 4607689?

Property Damage: $265.00 awarded to landlord; Filing Fee: $20.44 awarded to landlord; Rent Arrears: $146.07 awarded to landlord; Gib Board And Painting: $460.00 awarded to landlord; Water Rates: $379.30 awarded to landlord

What type of tenancy dispute was case 4607689?

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

Where can I read the official tribunal order for case 4607689?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/9443684-Tenancy_Tribunal_Order.pdf.

What was the outcome of Tenancy Tribunal case 4607689?

The tribunal order states: No application for suppression has been made in this case and no suppression

How much money was awarded in case 4607689?

Property Damage: $265.00 awarded to landlord; Filing Fee: $20.44 awarded to landlord; Rent Arrears: $146.07 awarded to landlord; Gib Board And Painting: $460.00 awarded to landlord; Water Rates: $379.30 awarded to landlord

What type of tenancy dispute was case 4607689?

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

Where can I read the official tribunal order for case 4607689?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/9443684-Tenancy_Tribunal_Order.pdf.

6A Peterhouse Place, West Harbour, Auckland 0618 Tenancy Tribunal Case 4607689 — Property damage

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6A Peterhouse Place, West Harbour, Auckland 0618 Tenancy Tribunal Case 4607689 — 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 4607689 — net $1,270.81 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears	$146.07	Rent arrears
Filing fee reimbursement	$20.44	Filing fee reimbursement
Repairs: Gib board and painting	$460.00	Repairs: Gib board and painting
Electrical fittings replacement/repair: Ceramic stove	$265.00	Electrical fittings replacement/repair: Ceramic stove
Water rates	$379.30	Water rates
Net award	$1,270.81
Total payable by Tenant to Landlord	$1,270.81

Claims and awards for application 4607689 — net $1,270.81 NZD. Verify on MoJ.

Rent arrears

Amount: $146.07
Awarded to: Landlord
Reason: Rent arrears

Filing fee reimbursement

Amount: $20.44
Awarded to: Landlord
Reason: Filing fee reimbursement

Repairs: Gib board and painting

Amount: $460.00
Awarded to: Landlord
Reason: Repairs: Gib board and painting

Electrical fittings replacement/repair: Ceramic stove

Amount: $265.00
Awarded to: Landlord
Reason: Electrical fittings replacement/repair: Ceramic stove

Water rates

Amount: $379.30
Awarded to: Landlord
Reason: Water rates

Claim types — money lines allowed on this order

Property damage Filing Fee Rent arrears Water Rates

Order

No application for suppression has been made in this case and no suppression orders apply around publication of this decision.
Shontaye Renee Terrill and Shelby Marija Glavish-Smith to pay Property Locker (2020) Limited Acting Agent For Paula Gaffin $1,270.81 from the bond, calculated as shown in table below.
The Bond Centre is to pay the bond of $1,270.81 (3221875-007) to Property Locker (2020) Limited Acting Agent For Paula Gaffin immediately. The Bond Centre is to pay the bond of $729.19 (3221875-007) to Shontaye Renee Terrill and Shelby Marija Glavish-Smith 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 29 August 2023. The landlord provided rent records and water rates invoices which prove the amount owing at the end of the tenancy was $146.07 rent arrears, and $379.30 water rates.

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.
The following damage was proved to have been caused during the tenancy: a. Four holes in the gib-board walls and two holes in hollow-core doors that needed patching and painting. (Two other holes in walls were disputed by the tenant. In the absence of entry inspection photos before the Tribunal at the hearing establishing the condition of those walls, and in light of the fact that the landlord accepted there was a hole in a wall from a previous tenancy, I do not make an award for the two disputed holes.) b. Damage to a ceramic cooktop.
The damage is more than fair wear and tear, and the tenant has not disproved liability for the damage.
The amounts ordered are proved.
A claim of $245.00 for a cracked window was brought by the landlord. The tenant denied the crack was caused by any careless act. She produced photos which showed carpet and walls to be in poor condition and damaged by moisture. The tenant stated that the floor had sunk and there was a hole in the floor through which the insulation could be seen. She stated she had pointed this out to the landlord.
The landlord accepted there had been a leak and some damage but did not remember the tenant pointing out the hole in the floor. The landlord said she had not seen a hole in the floor, but didn’t rule out there being one. She stated the discussion with the tenant had been over a gap that had formed in the joinery.
On the basis of this evidence, I am not satisfied that the crack in the window could only have been caused by a careless act. The tenants denied carelessness and although I have some doubts, I do not find the claim proven to the standard of on the balance of probabilities. I dismiss this claim.
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.
Because Property Locker (2020) Limited Acting Agent For Paula Gaffin has substantially succeeded with the claim I have reimbursed the filing fee.

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 4607689 — net $1,270.81 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears	$146.07	Rent arrears
Filing fee reimbursement	$20.44	Filing fee reimbursement
Repairs: Gib board and painting	$460.00	Repairs: Gib board and painting
Electrical fittings replacement/repair: Ceramic stove	$265.00	Electrical fittings replacement/repair: Ceramic stove
Water rates	$379.30	Water rates
Net award	$1,270.81
Total payable by Tenant to Landlord	$1,270.81

Claims and awards for application 4607689 — net $1,270.81 NZD. Verify on MoJ.

Rent arrears

Amount: $146.07
Awarded to: Landlord
Reason: Rent arrears

Filing fee reimbursement

Amount: $20.44
Awarded to: Landlord
Reason: Filing fee reimbursement

Repairs: Gib board and painting

Amount: $460.00
Awarded to: Landlord
Reason: Repairs: Gib board and painting

Electrical fittings replacement/repair: Ceramic stove

Amount: $265.00
Awarded to: Landlord
Reason: Electrical fittings replacement/repair: Ceramic stove

Water rates

Amount: $379.30
Awarded to: Landlord
Reason: Water rates

Claim types — money lines allowed on this order

Property damage Filing Fee Rent arrears Water Rates

Order

No application for suppression has been made in this case and no suppression orders apply around publication of this decision.
Shontaye Renee Terrill and Shelby Marija Glavish-Smith to pay Property Locker (2020) Limited Acting Agent For Paula Gaffin $1,270.81 from the bond, calculated as shown in table below.
The Bond Centre is to pay the bond of $1,270.81 (3221875-007) to Property Locker (2020) Limited Acting Agent For Paula Gaffin immediately. The Bond Centre is to pay the bond of $729.19 (3221875-007) to Shontaye Renee Terrill and Shelby Marija Glavish-Smith 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 29 August 2023. The landlord provided rent records and water rates invoices which prove the amount owing at the end of the tenancy was $146.07 rent arrears, and $379.30 water rates.

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.
The following damage was proved to have been caused during the tenancy: a. Four holes in the gib-board walls and two holes in hollow-core doors that needed patching and painting. (Two other holes in walls were disputed by the tenant. In the absence of entry inspection photos before the Tribunal at the hearing establishing the condition of those walls, and in light of the fact that the landlord accepted there was a hole in a wall from a previous tenancy, I do not make an award for the two disputed holes.) b. Damage to a ceramic cooktop.
The damage is more than fair wear and tear, and the tenant has not disproved liability for the damage.
The amounts ordered are proved.
A claim of $245.00 for a cracked window was brought by the landlord. The tenant denied the crack was caused by any careless act. She produced photos which showed carpet and walls to be in poor condition and damaged by moisture. The tenant stated that the floor had sunk and there was a hole in the floor through which the insulation could be seen. She stated she had pointed this out to the landlord.
The landlord accepted there had been a leak and some damage but did not remember the tenant pointing out the hole in the floor. The landlord said she had not seen a hole in the floor, but didn’t rule out there being one. She stated the discussion with the tenant had been over a gap that had formed in the joinery.
On the basis of this evidence, I am not satisfied that the crack in the window could only have been caused by a careless act. The tenants denied carelessness and although I have some doubts, I do not find the claim proven to the standard of on the balance of probabilities. I dismiss this claim.
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.
Because Property Locker (2020) Limited Acting Agent For Paula Gaffin has substantially succeeded with the claim I have reimbursed the filing fee.

Tenancy Tribunal case 4607689 — Property damage at 6A Peterhouse Place, West Harbour, Auckland 0618

At a glance

Tenancy Tribunal case 4607689 — Property damage at 6A Peterhouse Place, West Harbour, Auckland 0618

At a glance

Award balance

Claims & awards

Order

Reasons

How much is owed for rent and water rates?

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 and water rates?

Is the tenant responsible for the damage to the premises?

Topics & place

Residential Tenancies Act sections

Key findings

Property management

Frequently asked questions