What was Tenancy Tribunal case 4627449 about?

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

How much money was awarded in case 4627449?

Rubbish Removal: $350.00 awarded to landlord; Filing Fee: $20.44 awarded to landlord; Property Damage: $275.00 awarded to landlord; Rent Arrears: $1,180.00 awarded to landlord; Holes In Walls: $600.00 awarded to landlord; Property Damage: $750.00 awarded to landlord

What type of tenancy dispute was case 4627449?

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

Where can I read the official tribunal order for case 4627449?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/9498128-Tribunal_Order_Redacted.pdf.

What was Tenancy Tribunal case 4627449 about?

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

How much money was awarded in case 4627449?

Rubbish Removal: $350.00 awarded to landlord; Filing Fee: $20.44 awarded to landlord; Property Damage: $275.00 awarded to landlord; Rent Arrears: $1,180.00 awarded to landlord; Holes In Walls: $600.00 awarded to landlord; Property Damage: $750.00 awarded to landlord

What type of tenancy dispute was case 4627449?

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

Where can I read the official tribunal order for case 4627449?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/9498128-Tribunal_Order_Redacted.pdf.

Unit/Flat 7M, 113 Vincent Street, Auckland Central, Tenancy Tribunal Case 4627449 — Property damage

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Unit/Flat 7M, 113 Vincent Street, Auckland Central, Tenancy Tribunal Case 4627449 — 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 4627449 — net $1,775.44 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears to 18/8/23	$1,180.00	Rent arrears to 18/8/23
Window repairs: glass door	$750.00	Window repairs: glass door
Lock/key replacement	$275.00	Lock/key replacement
Cleaning: & rubbish removal	$350.00	Cleaning: & rubbish removal
Repairs: holes in walls	$600.00	Repairs: holes in walls
Filing fee reimbursement	$20.44	Filing fee reimbursement
Net award	$1,775.44
Total payable by Tenant to Landlord	$1,775.44

Claims and awards for application 4627449 — net $1,775.44 NZD. Verify on MoJ.

Rent arrears to 18/8/23

Amount: $1,180.00
Awarded to: Landlord
Reason: Rent arrears to 18/8/23

Window repairs: glass door

Amount: $750.00
Awarded to: Landlord
Reason: Window repairs: glass door

Lock/key replacement

Amount: $275.00
Awarded to: Landlord
Reason: Lock/key replacement

Cleaning: & rubbish removal

Amount: $350.00
Awarded to: Landlord
Reason: Cleaning: & rubbish removal

Repairs: holes in walls

Amount: $600.00
Awarded to: Landlord
Reason: Repairs: holes in walls

Claim types — money lines allowed on this order

Rubbish Removal Filing Fee Property damage Rent arrears

Order

An application for suppression has been made in this case, and the Tribunal orders suppression of the Landlord name and identifying details.
Yara Szenfeld Krasowski must pay [The landlord/s] $1,775.44 immediately, calculated as shown in table below.
The Bond Centre is to pay the bond of $1,400.00 ([Bond number suppressed]) to [The landlord/s] immediately.

Reasons

The landlord, represented by [redacted], attended the hearing which was held by teleconference. The tenant was unable to be contacted on the number specified in the Notice of Hearing which was duly served. Accordingly, the hearing went ahead in her absence.
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 18 September when the tenant abandoned the property. The landlord provided rent records 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 (RTA).
The landlord has proven in evidence that the tenant did not leave the premises reasonably clean and tidy, did not remove all rubbish, and did not return the keys.
The amounts ordered are proven.

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 landlord has established in evidence that during the tenancy the fire safety glass door was smashed, and one large, three big and seven small holes were made in the wall. Given the nature and extent of the damage, I am satisfied that it was caused intentionally by the tenant. Accordingly, she is liable for the repair.
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. Filing fee & Suppression
Because [The landlord/s] has wholly succeeded with the claim I must reimburse the filing fee and approve their application for suppression.

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 4627449 — net $1,775.44 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears to 18/8/23	$1,180.00	Rent arrears to 18/8/23
Window repairs: glass door	$750.00	Window repairs: glass door
Lock/key replacement	$275.00	Lock/key replacement
Cleaning: & rubbish removal	$350.00	Cleaning: & rubbish removal
Repairs: holes in walls	$600.00	Repairs: holes in walls
Filing fee reimbursement	$20.44	Filing fee reimbursement
Net award	$1,775.44
Total payable by Tenant to Landlord	$1,775.44

Claims and awards for application 4627449 — net $1,775.44 NZD. Verify on MoJ.

Rent arrears to 18/8/23

Amount: $1,180.00
Awarded to: Landlord
Reason: Rent arrears to 18/8/23

Window repairs: glass door

Amount: $750.00
Awarded to: Landlord
Reason: Window repairs: glass door

Lock/key replacement

Amount: $275.00
Awarded to: Landlord
Reason: Lock/key replacement

Cleaning: & rubbish removal

Amount: $350.00
Awarded to: Landlord
Reason: Cleaning: & rubbish removal

Repairs: holes in walls

Amount: $600.00
Awarded to: Landlord
Reason: Repairs: holes in walls

Claim types — money lines allowed on this order

Rubbish Removal Filing Fee Property damage Rent arrears

Order

An application for suppression has been made in this case, and the Tribunal orders suppression of the Landlord name and identifying details.
Yara Szenfeld Krasowski must pay [The landlord/s] $1,775.44 immediately, calculated as shown in table below.
The Bond Centre is to pay the bond of $1,400.00 ([Bond number suppressed]) to [The landlord/s] immediately.

Reasons

The landlord, represented by [redacted], attended the hearing which was held by teleconference. The tenant was unable to be contacted on the number specified in the Notice of Hearing which was duly served. Accordingly, the hearing went ahead in her absence.
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 18 September when the tenant abandoned the property. The landlord provided rent records 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 (RTA).
The landlord has proven in evidence that the tenant did not leave the premises reasonably clean and tidy, did not remove all rubbish, and did not return the keys.
The amounts ordered are proven.

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 landlord has established in evidence that during the tenancy the fire safety glass door was smashed, and one large, three big and seven small holes were made in the wall. Given the nature and extent of the damage, I am satisfied that it was caused intentionally by the tenant. Accordingly, she is liable for the repair.
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. Filing fee & Suppression
Because [The landlord/s] has wholly succeeded with the claim I must reimburse the filing fee and approve their application for suppression.

Tenancy Tribunal case 4627449 — Property damage at Unit/Flat 7M, 113 Vincent Street, Auckland Central,

At a glance

Tenancy Tribunal case 4627449 — Property damage at Unit/Flat 7M, 113 Vincent Street, Auckland Central,

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

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

Frequently asked questions