What was the outcome of Tenancy Tribunal case 4636269?

The tribunal order states: Kylie Rachel Bell must pay Barfoot & Thompson Limited Mission Bay As Agent

How much money was awarded in case 4636269?

Cleaning: $750.00 awarded to landlord; Filing Fee: $20.44 awarded to landlord; Property Damage: $544.06 awarded to landlord; Property Damage: $246.10 awarded to landlord; Latches, Gate, Bedroom Door: $300.00 awarded to landlord; Replace furnishings: Heat Pump remot…: $41.20 awarded to landlord; Rubbish Removal: $1,227.65 awarded to landlord; Water Rates: $189.90 awarded to landlord

What type of tenancy dispute was case 4636269?

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

Where can I read the official tribunal order for case 4636269?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/9573989-Tenancy_Tribunal_Order.pdf.

What was the outcome of Tenancy Tribunal case 4636269?

The tribunal order states: Kylie Rachel Bell must pay Barfoot & Thompson Limited Mission Bay As Agent

How much money was awarded in case 4636269?

Cleaning: $750.00 awarded to landlord; Filing Fee: $20.44 awarded to landlord; Property Damage: $544.06 awarded to landlord; Property Damage: $246.10 awarded to landlord; Latches, Gate, Bedroom Door: $300.00 awarded to landlord; Replace furnishings: Heat Pump remot…: $41.20 awarded to landlord; Rubbish Removal: $1,227.65 awarded to landlord; Water Rates: $189.90 awarded to landlord

What type of tenancy dispute was case 4636269?

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

Where can I read the official tribunal order for case 4636269?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/9573989-Tenancy_Tribunal_Order.pdf.

68 Galway Street, Onehunga, Auckland 1061 Tenancy Tribunal Case 4636269 — Property damage

Reasons

Claims and awards in Tenancy Tribunal application 4636269 — net $3,319.35 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Water rates	$189.90	Water rates
Window repairs	$544.06	Window repairs
Repairs: Latches, gate, bedroom door	$300.00	Repairs: Latches, gate, bedroom door
Cleaning	$750.00	Cleaning
Replace furnishings: Heat Pump remote	$41.20	Replace furnishings: Heat Pump remote
Lock/key replacement	$246.10	Lock/key replacement
Rubbish removal	$1,227.65	Rubbish removal
Filing fee reimbursement	$20.44	Filing fee reimbursement
Net award	$3,319.35
Total payable by Tenant to Landlord	$3,319.35

The landlord attended the hearing the tenant did not.

The tenant was called twice on her cell phone but each time the call went directly to answerphone. I am satisfied that the tenant was given notice of today’s hearing and therefore I can proceed in her absence.

The landlord has applied for water rates, compensation for damage, cleaning, rubbish removal, locks and keys and for a new heat pump remote and reimbursement of the filing fee following the end of the tenancy.

How much is owed for water rates?

The tenancy ended on 20 May 2023. The landlord provided water rates invoices 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. 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 tenant did not leave the premises reasonably clean and tidy and did not remove all rubbish.

The tenants smoked inside the property which left smoke residue on the walls and ceiling which had to be cleaned.

There was extensive rubbish left both inside and around the exterior of the property, some of those items were large and difficult and expensive to dispose of.

The tenant did not return all the keys. The tenant had installed deadlocks on some interior doors during the tenancy and did not provide keys for those locks. The landlord had to have the locks rekeyed.

The heat pump remote was missing at the end of the tenancy

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 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: broken window in the bedroom, broken bedroom door and window, in door, window latches needed replacement (x2) broken gate. The damage is more than fair wear and tear, and the tenant has not disproved liability for the damage.

The amounts ordered are proved.

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 Barfoot & Thompson Limited Mission Bay As Agent For Dan & Ceri Chesire has substantially succeeded with the claim I have reimbursed the filing fee.

Claims and awards in Tenancy Tribunal application 4636269 — net $3,319.35 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Water rates	$189.90	Water rates
Window repairs	$544.06	Window repairs
Repairs: Latches, gate, bedroom door	$300.00	Repairs: Latches, gate, bedroom door
Cleaning	$750.00	Cleaning
Replace furnishings: Heat Pump remote	$41.20	Replace furnishings: Heat Pump remote
Lock/key replacement	$246.10	Lock/key replacement
Rubbish removal	$1,227.65	Rubbish removal
Filing fee reimbursement	$20.44	Filing fee reimbursement
Net award	$3,319.35
Total payable by Tenant to Landlord	$3,319.35

Order

Kylie Rachel Bell must pay Barfoot & Thompson Limited Mission Bay As Agent For Dan & Ceri Chesire $3,319.35 immediately, calculated as shown in table below.

Reasons

The landlord attended the hearing the tenant did not.
The tenant was called twice on her cell phone but each time the call went directly to answerphone. I am satisfied that the tenant was given notice of today’s hearing and therefore I can proceed in her absence.
The landlord has applied for water rates, compensation for damage, cleaning, rubbish removal, locks and keys and for a new heat pump remote and reimbursement of the filing fee following the end of the tenancy.

How much is owed for water rates?

The tenancy ended on 20 May 2023. The landlord provided water rates invoices 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. 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 tenant did not leave the premises reasonably clean and tidy and did not remove all rubbish.
The tenants smoked inside the property which left smoke residue on the walls and ceiling which had to be cleaned.
There was extensive rubbish left both inside and around the exterior of the property, some of those items were large and difficult and expensive to dispose of.
The tenant did not return all the keys. The tenant had installed deadlocks on some interior doors during the tenancy and did not provide keys for those locks. The landlord had to have the locks rekeyed.
The heat pump remote was missing at the end of the tenancy
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 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: broken window in the bedroom, broken bedroom door and window, in door, window latches needed replacement (x2) broken gate. The damage is more than fair wear and tear, and the tenant has not disproved liability for the damage.
The amounts ordered are proved.
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 Barfoot & Thompson Limited Mission Bay As Agent For Dan & Ceri Chesire has substantially succeeded with the claim I have reimbursed the filing fee.

Tenancy Tribunal case 4636269 — Property damage at 68 Galway Street, Onehunga, Auckland 1061

At a glance

Tenancy Tribunal case 4636269 — Property damage at 68 Galway Street, Onehunga, Auckland 1061

At a glance

Award balance

Claims & awards

Order

Reasons

How much is owed for water rates?

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 water rates?

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