What was Tenancy Tribunal case 4642969 about?

The tribunal order states: Awhiti Rowena Hori must pay [The landlord/s] $9,770.00 immediately,

How much money was awarded in case 4642969?

Cleaning: $200.00 awarded to landlord; Cleaning: $500.00 awarded to landlord; Property Damage: $320.00 awarded to landlord; Property Damage: $600.00 awarded to landlord; Rent Arrears: $450.00 awarded to landlord; Bathroom Door And Frame: $500.00 awarded to landlord; Property Damage: $3,500.00 awarded to landlord; Kitchen Draw: $300.00 awarded to landlord; Replace Missing Door Handle: $400.00 awarded to landlord; Switchboard Doors: $200.00 awarded to landlord; Walls: Holes And Repainting: $2,000.00 awarded to landlord; Replace furnishings: Mattress (depre…: $300.00 awarded to landlord; Rubbish Removal: $500.00 awarded to landlord

What type of tenancy dispute was case 4642969?

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

Where can I read the official tribunal order for case 4642969?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/9635368-Tribunal_Order_Redacted.pdf.

What was Tenancy Tribunal case 4642969 about?

The tribunal order states: Awhiti Rowena Hori must pay [The landlord/s] $9,770.00 immediately,

How much money was awarded in case 4642969?

Cleaning: $200.00 awarded to landlord; Cleaning: $500.00 awarded to landlord; Property Damage: $320.00 awarded to landlord; Property Damage: $600.00 awarded to landlord; Rent Arrears: $450.00 awarded to landlord; Bathroom Door And Frame: $500.00 awarded to landlord; Property Damage: $3,500.00 awarded to landlord; Kitchen Draw: $300.00 awarded to landlord; Replace Missing Door Handle: $400.00 awarded to landlord; Switchboard Doors: $200.00 awarded to landlord; Walls: Holes And Repainting: $2,000.00 awarded to landlord; Replace furnishings: Mattress (depre…: $300.00 awarded to landlord; Rubbish Removal: $500.00 awarded to landlord

What type of tenancy dispute was case 4642969?

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

Where can I read the official tribunal order for case 4642969?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/9635368-Tribunal_Order_Redacted.pdf.

Unit/Flat 711B, 15 Union Street, Auckland Central, Auckland Tenancy Tribunal Case 4642969 — Property damage

Claims and awards in Tenancy Tribunal application 4642969 — net $9,770.00 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears	$450.00	Rent arrears
Repairs: Front door and frame - replacement and repair, door disposal	$3,500.00	Repairs: Front door and frame - replacement and repair, door disposal
Lock/key replacement: Replace missing lock body and cylinder	$600.00	Lock/key replacement: Replace missing lock body and cylinder
Repairs: Replace missing door handle	$400.00	Repairs: Replace missing door handle
Lock/key replacement: Rekeying/new keys - 2 doors	$320.00	Lock/key replacement: Rekeying/new keys - 2 doors
Repairs: Walls: holes and repainting	$2,000.00	Repairs: Walls: holes and repainting
Repairs: Kitchen draw	$300.00	Repairs: Kitchen draw
Repairs: Switchboard doors	$200.00	Repairs: Switchboard doors
Repairs: Bathroom door and frame	$500.00	Repairs: Bathroom door and frame
Replace furnishings: Mattress (depreciated	$300.00	Replace furnishings: Mattress (depreciated
Cleaning	$500.00	Cleaning
Rubbish removal	$500.00	Rubbish removal
Carpet Cleaning	$200.00	Carpet Cleaning
Net award	$9,770.00
Total payable by Tenant to Landlord	$9,770.00

Claims and awards in Tenancy Tribunal application 4642969 — net $9,770.00 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.

Claim

Landlord

Tenant

Reason

Rent arrears

$450.00

Rent arrears

Repairs: Front door and frame - replacement and repair, door disposal

$3,500.00

Repairs: Front door and frame - replacement and repair, door disposal

Lock/key replacement: Replace missing lock body and cylinder

$600.00

Lock/key replacement: Replace missing lock body and cylinder

Repairs: Replace missing door handle

$400.00

Repairs: Replace missing door handle

Lock/key replacement: Rekeying/new keys - 2 doors

$320.00

Lock/key replacement: Rekeying/new keys - 2 doors

Repairs: Walls: holes and repainting

$2,000.00

Repairs: Walls: holes and repainting

Repairs: Kitchen draw

$300.00

Repairs: Kitchen draw

Repairs: Switchboard doors

$200.00

Repairs: Switchboard doors

Repairs: Bathroom door and frame

$500.00

Repairs: Bathroom door and frame

Replace furnishings: Mattress (depreciated

$300.00

Replace furnishings: Mattress (depreciated

Cleaning

$500.00

Cleaning

Rubbish removal

$500.00

Rubbish removal

Carpet Cleaning

$200.00

Carpet Cleaning

Net award

$9,770.00

Total payable by Tenant to Landlord

$9,770.00

Reasons

The landlord attended the hearing. There was no appearance by the tenant.

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 27 June 2023 by Tribunal order, an order for rent arrears to that day was also made. The tenant did no move out and enforcement was required. Possession returned to the landlord on 4 July 2023. The landlord claimed two weeks rent but accepted at the hearing that the claim should have been one week only; $450.00. This is awarded.

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 landlord provided ingoing and exit photos, as well as an invoice for the cost. I accept the costs as claimed.

The tenant did not return the keys. The lock and cylinder from the main entry door had been removed and an internal bolt stay installed by the tenant.

The mattress was new at the commencement of the tenancy. By the end of the tenancy it was badly stained. The landlord claimed $429.00 for a new mattress. The mattress has not been replaced and the new tenants are using another, used mattress of the owner. Given the facts and supporting evidence I accept the mattress was damaged beyond repair. I have considered the one year of use and the swap rather than replace for the next tenancy. It is appropriate to reduce the award commensurately and I award $300.00 compensation for the mattress damage.

The landlord sought $300.00 of a $600.00 cost for a new sofa. The sofa looked in an aged condition at the commencement of the tenancy and the need to replace it was due to the support collapsing, rendering sitting untenable. In this case, considering the apparent age and expected use of the sofa I do not make any award. It is deemed to have reached the end of its useful life and the replacement cost stays with the landlord.

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: a. Door Broken, b. Lock body replace c. Cylinder and rekey d. Install Cylinder e. Handle replacement f. Door frame repair and repaint g. Wall scratch fix and repaint h. Kitchen drawer repair i. Power board cover replace j. Bathroom Door repair and repaint Door and sundries (a.-f.)

The main door was damaged beyond repair. The locks and cylinders has been removed and an internal bolt lock installed by the tenant. This is considered intentional damage.

The photos clearly evidence the damage and a detailed repair invoice was provided. This invoice broke down the costs, including the disposal costs of the old door, repainting and making the holes needed for the locks and spy glass in the new door.

The ingoing and exit photos were closely reviewed and I accept the full costs as claimed Wall scratch fix and repaint

The walls were damaged in multiple areas. There were a number of holes, indentations, or gouges that required repair. Given the extent of the damage I consider it reasonable to repaint afterwards. The premises had been partly repainted prior to this tenancy and I make no allowance for depreciation. Kitchen drawer repair

One kitchen drawer was missing at the end of the tenancy. A replacement was required. Evidence from the photos confirms it was there at the start and it was missing at the end. Power board cover replacement

The internal switchboard doors were broken during the tenancy and had to be replaced. The tenant never notified the landlord of any damage and I do not find any grounds to consider it is not a tenant liability. Bathroom Door repair and repaint

The bathroom door and frame were damaged during the tenancy. It is a recessed sliding door and both the door and frame required repair and repainting. This was supported by photographic evidence.

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 were appropriate. 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 [The applicant/s] has wholly succeeded with the claim I must reimburse the filing fee. Suppression

Section 95A RTA states regarding suppression orders that the Tribunal must, on the application of a party that has wholly or substantially succeeded in proceedings, order that the party’s name or identifying particulars not be published, unless the Tribunal considers that publication is in the public interest or is justified because of the party’s conduct or any other circumstances of the case.

The landlord requested suppression in its application. Given the success of the landlord in this order suppression is also ordered.

Claims and awards in Tenancy Tribunal application 4642969 — net $9,770.00 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears	$450.00	Rent arrears
Repairs: Front door and frame - replacement and repair, door disposal	$3,500.00	Repairs: Front door and frame - replacement and repair, door disposal
Lock/key replacement: Replace missing lock body and cylinder	$600.00	Lock/key replacement: Replace missing lock body and cylinder
Repairs: Replace missing door handle	$400.00	Repairs: Replace missing door handle
Lock/key replacement: Rekeying/new keys - 2 doors	$320.00	Lock/key replacement: Rekeying/new keys - 2 doors
Repairs: Walls: holes and repainting	$2,000.00	Repairs: Walls: holes and repainting
Repairs: Kitchen draw	$300.00	Repairs: Kitchen draw
Repairs: Switchboard doors	$200.00	Repairs: Switchboard doors
Repairs: Bathroom door and frame	$500.00	Repairs: Bathroom door and frame
Replace furnishings: Mattress (depreciated	$300.00	Replace furnishings: Mattress (depreciated
Cleaning	$500.00	Cleaning
Rubbish removal	$500.00	Rubbish removal
Carpet Cleaning	$200.00	Carpet Cleaning
Net award	$9,770.00
Total payable by Tenant to Landlord	$9,770.00

Claims and awards in Tenancy Tribunal application 4642969 — net $9,770.00 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.

Claim

Landlord

Tenant

Reason

Rent arrears

$450.00

Rent arrears

Repairs: Front door and frame - replacement and repair, door disposal

$3,500.00

Repairs: Front door and frame - replacement and repair, door disposal

Lock/key replacement: Replace missing lock body and cylinder

$600.00

Lock/key replacement: Replace missing lock body and cylinder

Repairs: Replace missing door handle

$400.00

Repairs: Replace missing door handle

Lock/key replacement: Rekeying/new keys - 2 doors

$320.00

Lock/key replacement: Rekeying/new keys - 2 doors

Repairs: Walls: holes and repainting

$2,000.00

Repairs: Walls: holes and repainting

Repairs: Kitchen draw

$300.00

Repairs: Kitchen draw

Repairs: Switchboard doors

$200.00

Repairs: Switchboard doors

Repairs: Bathroom door and frame

$500.00

Repairs: Bathroom door and frame

Replace furnishings: Mattress (depreciated

$300.00

Replace furnishings: Mattress (depreciated

Cleaning

$500.00

Cleaning

Rubbish removal

$500.00

Rubbish removal

Carpet Cleaning

$200.00

Carpet Cleaning

Net award

$9,770.00

Total payable by Tenant to Landlord

$9,770.00

Order

Awhiti Rowena Hori must pay [The landlord/s] $9,770.00 immediately, calculated as shown in table below.

Reasons

The landlord attended the hearing. There was no appearance by the tenant.
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 27 June 2023 by Tribunal order, an order for rent arrears to that day was also made. The tenant did no move out and enforcement was required. Possession returned to the landlord on 4 July 2023. The landlord claimed two weeks rent but accepted at the hearing that the claim should have been one week only; $450.00. This is awarded.

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 landlord provided ingoing and exit photos, as well as an invoice for the cost. I accept the costs as claimed.
The tenant did not return the keys. The lock and cylinder from the main entry door had been removed and an internal bolt stay installed by the tenant.
The mattress was new at the commencement of the tenancy. By the end of the tenancy it was badly stained. The landlord claimed $429.00 for a new mattress. The mattress has not been replaced and the new tenants are using another, used mattress of the owner. Given the facts and supporting evidence I accept the mattress was damaged beyond repair. I have considered the one year of use and the swap rather than replace for the next tenancy. It is appropriate to reduce the award commensurately and I award $300.00 compensation for the mattress damage.
The landlord sought $300.00 of a $600.00 cost for a new sofa. The sofa looked in an aged condition at the commencement of the tenancy and the need to replace it was due to the support collapsing, rendering sitting untenable. In this case, considering the apparent age and expected use of the sofa I do not make any award. It is deemed to have reached the end of its useful life and the replacement cost stays with the landlord.
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: a. Door Broken, b. Lock body replace c. Cylinder and rekey d. Install Cylinder e. Handle replacement f. Door frame repair and repaint g. Wall scratch fix and repaint h. Kitchen drawer repair i. Power board cover replace j. Bathroom Door repair and repaint Door and sundries (a.-f.)
The main door was damaged beyond repair. The locks and cylinders has been removed and an internal bolt lock installed by the tenant. This is considered intentional damage.
The photos clearly evidence the damage and a detailed repair invoice was provided. This invoice broke down the costs, including the disposal costs of the old door, repainting and making the holes needed for the locks and spy glass in the new door.
The ingoing and exit photos were closely reviewed and I accept the full costs as claimed Wall scratch fix and repaint
The walls were damaged in multiple areas. There were a number of holes, indentations, or gouges that required repair. Given the extent of the damage I consider it reasonable to repaint afterwards. The premises had been partly repainted prior to this tenancy and I make no allowance for depreciation. Kitchen drawer repair
One kitchen drawer was missing at the end of the tenancy. A replacement was required. Evidence from the photos confirms it was there at the start and it was missing at the end. Power board cover replacement
The internal switchboard doors were broken during the tenancy and had to be replaced. The tenant never notified the landlord of any damage and I do not find any grounds to consider it is not a tenant liability. Bathroom Door repair and repaint
The bathroom door and frame were damaged during the tenancy. It is a recessed sliding door and both the door and frame required repair and repainting. This was supported by photographic evidence.
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 were appropriate. 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 [The applicant/s] has wholly succeeded with the claim I must reimburse the filing fee. Suppression
Section 95A RTA states regarding suppression orders that the Tribunal must, on the application of a party that has wholly or substantially succeeded in proceedings, order that the party’s name or identifying particulars not be published, unless the Tribunal considers that publication is in the public interest or is justified because of the party’s conduct or any other circumstances of the case.
The landlord requested suppression in its application. Given the success of the landlord in this order suppression is also ordered.

Tenancy Tribunal case 4642969 — Property damage at Unit/Flat 711B, 15 Union Street, Auckland Central, Auckland

At a glance

Tenancy Tribunal case 4642969 — Property damage at Unit/Flat 711B, 15 Union Street, Auckland Central, 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

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