What was the outcome of Tenancy Tribunal case 4634211?

The tribunal order states: Tamara Greaves must pay Barfoot & Thompson Limited Onehunga as agent for

How much money was awarded in case 4634211?

Cleaning: $200.00 awarded to landlord; Cleaning: $402.50 awarded to landlord; Filing Fee: $20.44 awarded to landlord; Property Damage: $1,250.00 awarded to landlord; Property Damage: $1,725.00 awarded to landlord; Property Damage: $747.50 awarded to landlord; Property Damage: $345.00 awarded to landlord; Property Damage: $316.25 awarded to landlord; Replace Back Door Glass: $299.00 awarded to landlord; Replace Back Door Locks: $189.75 awarded to landlord; Replace Glass Door In Shower: $977.50 awarded to landlord; Replace Window Latches: $299.00 awarded to landlord; Rubbish Removal: $1,092.50 awarded to landlord

What type of tenancy dispute was case 4634211?

The primary dispute was Property damage. Related themes: Cleanliness.

Where can I read the official tribunal order for case 4634211?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/9654325-Tenancy_Tribunal_Order.pdf.

What was the outcome of Tenancy Tribunal case 4634211?

The tribunal order states: Tamara Greaves must pay Barfoot & Thompson Limited Onehunga as agent for

How much money was awarded in case 4634211?

Cleaning: $200.00 awarded to landlord; Cleaning: $402.50 awarded to landlord; Filing Fee: $20.44 awarded to landlord; Property Damage: $1,250.00 awarded to landlord; Property Damage: $1,725.00 awarded to landlord; Property Damage: $747.50 awarded to landlord; Property Damage: $345.00 awarded to landlord; Property Damage: $316.25 awarded to landlord; Replace Back Door Glass: $299.00 awarded to landlord; Replace Back Door Locks: $189.75 awarded to landlord; Replace Glass Door In Shower: $977.50 awarded to landlord; Replace Window Latches: $299.00 awarded to landlord; Rubbish Removal: $1,092.50 awarded to landlord

What type of tenancy dispute was case 4634211?

The primary dispute was Property damage. Related themes: Cleanliness.

Where can I read the official tribunal order for case 4634211?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/9654325-Tenancy_Tribunal_Order.pdf.

553B Hillsborough Road, Mount Roskill, Auckland 1041 Tenancy Tribunal Case 4634211 — Property damage

Order

Claims and awards in Tenancy Tribunal application 4634211 — net $5,484.44 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Repair damage to hallway floor (insurance excess	$1,250.00	Repair damage to hallway floor (insurance excess
Carpet cleaning	$200.00	Carpet cleaning
Cleaning	$402.50	Cleaning
Replace 3 damaged doors; repair 2 damaged doors	$1,725.00	Replace 3 damaged doors; repair 2 damaged doors
Rubbish removal and lawn mowing	$1,092.50	Rubbish removal and lawn mowing
Repair holes in walls	$747.50	Repair holes in walls
Replace glass door in shower	$977.50	Replace glass door in shower
Repair kitchen cabinet hinges	$345.00	Repair kitchen cabinet hinges
Replace window latches	$299.00	Replace window latches
Replace back door locks	$189.75	Replace back door locks
Replace damaged sliding door lock and bolt	$316.25	Replace damaged sliding door lock and bolt
Replace back door glass	$299.00	Replace back door glass
Filing fee reimbursement	$20.44	Filing fee reimbursement
Net award	$5,484.44
Total payable by Tenant to Landlord	$5,484.44

Tamara Greaves must pay Barfoot & Thompson Limited Onehunga as agent for Jayesh and Vina Patel $5,484.44 immediately, calculated as shown in table below:

The Bond Centre is to pay the bond of $2,380.00 (3220685-011) to Barfoot & Thompson Limited Onehunga as agent for Jayesh and Vina Patel immediately.

Reasons

Mr Cameron and Mr Sun represented the landlord. The tenant did not attend the hearing.

The landlord has applied for compensation, refund of the bond, and reimbursement of the filing fee following the end of the tenancy.

The Tribunal previously made an order for rent arrears. That order has been enforced.

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 tenant is required to replace worn out smoke alarm batteries during the tenancy. See section 40(1)(ca) RTA. 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 tenant did not return all the keys.

The amounts ordered are proved by an invoice and pre and post tenancy photos.

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. There was considerable damage to walls and doors and door locks. The shower glass door was removed and put outside. It was damaged and could not be refitted.

Kitchen cabinet hinges and window latches were damaged and had to be repaired/replaced. The back door glass was broken. The claims were not accepted by the landlord’s insurer because the excess exceeded the repair cost of each claim, treated as separate claims by the insurer.

There was damage to the hallway floor that occurred during the tenancy. The premises were newly decorated before the tenancy started so I need not apply any depreciation to the claimed amounts.

The claim for the damage to the hallway floor was accepted by the landlord’s insurer so the claim is limited to the amount of the insurance excess.

The amounts ordered are proved by an invoice and by pre and post tenancy inspection photos.

As the application is successful, the tenant must pay the landlord’s Tribunal filing fee.

Claims and awards in Tenancy Tribunal application 4634211 — net $5,484.44 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Repair damage to hallway floor (insurance excess	$1,250.00	Repair damage to hallway floor (insurance excess
Carpet cleaning	$200.00	Carpet cleaning
Cleaning	$402.50	Cleaning
Replace 3 damaged doors; repair 2 damaged doors	$1,725.00	Replace 3 damaged doors; repair 2 damaged doors
Rubbish removal and lawn mowing	$1,092.50	Rubbish removal and lawn mowing
Repair holes in walls	$747.50	Repair holes in walls
Replace glass door in shower	$977.50	Replace glass door in shower
Repair kitchen cabinet hinges	$345.00	Repair kitchen cabinet hinges
Replace window latches	$299.00	Replace window latches
Replace back door locks	$189.75	Replace back door locks
Replace damaged sliding door lock and bolt	$316.25	Replace damaged sliding door lock and bolt
Replace back door glass	$299.00	Replace back door glass
Filing fee reimbursement	$20.44	Filing fee reimbursement
Net award	$5,484.44
Total payable by Tenant to Landlord	$5,484.44

Order

Tamara Greaves must pay Barfoot & Thompson Limited Onehunga as agent for Jayesh and Vina Patel $5,484.44 immediately, calculated as shown in table below:
The Bond Centre is to pay the bond of $2,380.00 (3220685-011) to Barfoot & Thompson Limited Onehunga as agent for Jayesh and Vina Patel immediately.

Reasons

Mr Cameron and Mr Sun represented the landlord. The tenant did not attend the hearing.
The landlord has applied for compensation, refund of the bond, and reimbursement of the filing fee following the end of the tenancy.
The Tribunal previously made an order for rent arrears. That order has been enforced.

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 tenant is required to replace worn out smoke alarm batteries during the tenancy. See section 40(1)(ca) RTA. 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 tenant did not return all the keys.
The amounts ordered are proved by an invoice and pre and post tenancy photos.

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. There was considerable damage to walls and doors and door locks. The shower glass door was removed and put outside. It was damaged and could not be refitted.
Kitchen cabinet hinges and window latches were damaged and had to be repaired/replaced. The back door glass was broken. The claims were not accepted by the landlord’s insurer because the excess exceeded the repair cost of each claim, treated as separate claims by the insurer.
There was damage to the hallway floor that occurred during the tenancy. The premises were newly decorated before the tenancy started so I need not apply any depreciation to the claimed amounts.
The claim for the damage to the hallway floor was accepted by the landlord’s insurer so the claim is limited to the amount of the insurance excess.
The amounts ordered are proved by an invoice and by pre and post tenancy inspection photos.
As the application is successful, the tenant must pay the landlord’s Tribunal filing fee.

Tenancy Tribunal case 4634211 — Property damage at 553B Hillsborough Road, Mount Roskill, Auckland 1041

At a glance

Tenancy Tribunal case 4634211 — Property damage at 553B Hillsborough Road, Mount Roskill, Auckland 1041

At a glance

Award balance

Claims & awards

Order

Reasons

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

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