What was the outcome of Tenancy Tribunal case 4635749?

The tribunal order states: Ruby Antoinette Cullen must pay One Place Limited as agent for Phil Porteous,

How much money was awarded in case 4635749?

Cleaning: $207.00 awarded to landlord; Filing Fee: $20.44 awarded to landlord; Rent Arrears: $642.86 awarded to landlord; Walls and Doors: $4,768.04 awarded to landlord

What type of tenancy dispute was case 4635749?

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

Where can I read the official tribunal order for case 4635749?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/9647314-Tenancy_Tribunal_Order.pdf.

What was the outcome of Tenancy Tribunal case 4635749?

The tribunal order states: Ruby Antoinette Cullen must pay One Place Limited as agent for Phil Porteous,

How much money was awarded in case 4635749?

Cleaning: $207.00 awarded to landlord; Filing Fee: $20.44 awarded to landlord; Rent Arrears: $642.86 awarded to landlord; Walls and Doors: $4,768.04 awarded to landlord

What type of tenancy dispute was case 4635749?

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

Where can I read the official tribunal order for case 4635749?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/9647314-Tenancy_Tribunal_Order.pdf.

Unit/Flat 5, 1710 Great North Road, Avondale, Auckland Tenancy Tribunal Case 4635749 — Property damage

Reasons

Claims and awards in Tenancy Tribunal application 4635749 — net $5,638.34 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears to 21 June 2023	$642.86	Rent arrears to 21 June 2023
Cleaning	$207.00	Cleaning
Repairs including to walls and doors; replace window; painting; lock replacement	$4,768.04	Repairs including to walls and doors; replace window; painting; lock replacement
Filing fee reimbursement	$20.44	Filing fee reimbursement
Net award	$5,638.34
Total payable by Tenant to Landlord	$5,638.34

Mr Stevenson and Mr Sievwright represented the landlord. The tenant did not attend the hearing.

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

How much is owed for rent?

The tenancy ended on 21 June 2023 by agreement between the parties. The landlord provided rent records which prove the amount of rent 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 tenant did not leave the premises reasonably clean and tidy and did not remove all rubbish.

The tenant did not return all the keys.

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 were holes in walls and doors. The premises were mould damaged. A window was broken and had to be replaced.

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

The amounts ordered are proved by invoices and photos.

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

Claims and awards in Tenancy Tribunal application 4635749 — net $5,638.34 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears to 21 June 2023	$642.86	Rent arrears to 21 June 2023
Cleaning	$207.00	Cleaning
Repairs including to walls and doors; replace window; painting; lock replacement	$4,768.04	Repairs including to walls and doors; replace window; painting; lock replacement
Filing fee reimbursement	$20.44	Filing fee reimbursement
Net award	$5,638.34
Total payable by Tenant to Landlord	$5,638.34

Order

Ruby Antoinette Cullen must pay One Place Limited as agent for Phil Porteous, Kate Porteous & Doughty Trust Services as trustees for Sureka Family Trust $5,638.34 immediately, calculated as shown in table below:

Reasons

Mr Stevenson and Mr Sievwright represented the landlord. The tenant did not attend the hearing.
The landlord has applied for rent arrears, compensation, and reimbursement of the filing fee following the end of the tenancy.

How much is owed for rent?

The tenancy ended on 21 June 2023 by agreement between the parties. The landlord provided rent records which prove the amount of rent 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 tenant did not leave the premises reasonably clean and tidy and did not remove all rubbish.
The tenant did not return all the keys.

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 were holes in walls and doors. The premises were mould damaged. A window was broken and had to be replaced.
The damage is more than fair wear and tear, and the tenant has not disproved liability for the damage.
The amounts ordered are proved by invoices and photos.
As the application is successful, the tenant must pay the landlord’s Tribunal filing fee.

Tenancy Tribunal case 4635749 — Property damage at Unit/Flat 5, 1710 Great North Road, Avondale, Auckland

At a glance

Tenancy Tribunal case 4635749 — Property damage at Unit/Flat 5, 1710 Great North Road, Avondale, Auckland

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