What was the outcome of Tenancy Tribunal case 4643373?

The tribunal order states: Dylan Moore must pay 23 Property Management Limited As Agent For

How much money was awarded in case 4643373?

Cleaning: $620.00 awarded to landlord; Compensation: Bond Received: $1,960.00 awarded to tenant; Filing Fee: $20.44 awarded to landlord; Overpaid Rent: $370.00 awarded to tenant; Painting: $4,738.00 awarded to landlord; Property Damage: $1,027.10 awarded to landlord; Property Damage: $3,806.00 awarded to landlord; Electrical: $138.00 awarded to landlord; Kitchen cupboard doors & bathroom ca…: $598.00 awarded to landlord; Letterboxes: $1,100.00 awarded to landlord; Rubbish Removal: $1,092.50 awarded to landlord

What type of tenancy dispute was case 4643373?

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

Where can I read the official tribunal order for case 4643373?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/9604536-Tenancy_Tribunal_Order.pdf.

What was the outcome of Tenancy Tribunal case 4643373?

The tribunal order states: Dylan Moore must pay 23 Property Management Limited As Agent For

How much money was awarded in case 4643373?

Cleaning: $620.00 awarded to landlord; Compensation: Bond Received: $1,960.00 awarded to tenant; Filing Fee: $20.44 awarded to landlord; Overpaid Rent: $370.00 awarded to tenant; Painting: $4,738.00 awarded to landlord; Property Damage: $1,027.10 awarded to landlord; Property Damage: $3,806.00 awarded to landlord; Electrical: $138.00 awarded to landlord; Kitchen cupboard doors & bathroom ca…: $598.00 awarded to landlord; Letterboxes: $1,100.00 awarded to landlord; Rubbish Removal: $1,092.50 awarded to landlord

What type of tenancy dispute was case 4643373?

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

Where can I read the official tribunal order for case 4643373?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/9604536-Tenancy_Tribunal_Order.pdf.

Unit/Flat 3, 10A Inkerman Street, Onehunga, Auckland 1061 Tenancy Tribunal Case 4643373 — Property damage

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Unit/Flat 3, 10A Inkerman Street, Onehunga, Auckland 1061 Tenancy Tribunal Case 4643373 — 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 4643373 — net $10,810.04 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Tenant	Reason
Glass replacement	$1,027.10		Glass replacement
Repairs	$3,806.00		Repairs
Rubbish removal	$1,092.50		Rubbish removal
Painting	$4,738.00		Painting
Repairs: Letterboxes	$1,100.00		Repairs: Letterboxes
Repairs: Kitchen cupboard doors & bathroom cabinet	$598.00		Repairs: Kitchen cupboard doors & bathroom cabinet
Repairs: Electrical	$138.00		Repairs: Electrical
Cleaning	$620.00		Cleaning
Filing fee reimbursement	$20.44		Filing fee reimbursement
Overpaid rent		$370.00	Overpaid rent
Compensation: Bond received		$1,960.00	Bond received
Total award	$13,140.04	$2,330.00
Net award	$10,810.04
Total payable by Tenant to Landlord	$10,810.04

Claims and awards for application 4643373 — net $10,810.04 NZD. Verify on MoJ.

Glass replacement

Amount: $1,027.10
Awarded to: Landlord
Reason: Glass replacement

Repairs

Amount: $3,806.00
Awarded to: Landlord
Reason: Repairs

Rubbish removal

Amount: $1,092.50
Awarded to: Landlord
Reason: Rubbish removal

Painting

Amount: $4,738.00
Awarded to: Landlord
Reason: Painting

Repairs: Letterboxes

Amount: $1,100.00
Awarded to: Landlord
Reason: Repairs: Letterboxes

Repairs: Kitchen cupboard doors & bathroom cabinet

Claim types — money lines allowed on this order

Cleanliness Compensation Filing Fee Property damage Rubbish Removal

Order

Dylan Moore must pay 23 Property Management Limited As Agent For Inkerman Partnership $10,810.04 immediately, calculated as shown in table below.

Reasons

The landlord attended the hearing. The tenant did not attend the hearing. The hearing proceeded in the tenant’s absence.
The landlord has applied for compensation, and reimbursement of the filing fee following 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 did not leave the premises reasonably clean and tidy, and did not remove all rubbish.
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 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: broken glass panels in door and window, broken shower mixer, three damaged doors, wall holes, broken door frame, damaged letterboxes, damaged kitchen cupboard doors, damaged bathroom cabinet mirror, missing light fixture, cut oven electrical cable. 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 23 Property Management Limited As Agent For Inkerman Partnership has wholly succeeded with the claim I must reimburse the filing fee.

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 4643373 — net $10,810.04 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Tenant	Reason
Glass replacement	$1,027.10		Glass replacement
Repairs	$3,806.00		Repairs
Rubbish removal	$1,092.50		Rubbish removal
Painting	$4,738.00		Painting
Repairs: Letterboxes	$1,100.00		Repairs: Letterboxes
Repairs: Kitchen cupboard doors & bathroom cabinet	$598.00		Repairs: Kitchen cupboard doors & bathroom cabinet
Repairs: Electrical	$138.00		Repairs: Electrical
Cleaning	$620.00		Cleaning
Filing fee reimbursement	$20.44		Filing fee reimbursement
Overpaid rent		$370.00	Overpaid rent
Compensation: Bond received		$1,960.00	Bond received
Total award	$13,140.04	$2,330.00
Net award	$10,810.04
Total payable by Tenant to Landlord	$10,810.04

Claims and awards for application 4643373 — net $10,810.04 NZD. Verify on MoJ.

Glass replacement

Amount: $1,027.10
Awarded to: Landlord
Reason: Glass replacement

Repairs

Amount: $3,806.00
Awarded to: Landlord
Reason: Repairs

Rubbish removal

Amount: $1,092.50
Awarded to: Landlord
Reason: Rubbish removal

Painting

Amount: $4,738.00
Awarded to: Landlord
Reason: Painting

Repairs: Letterboxes

Amount: $1,100.00
Awarded to: Landlord
Reason: Repairs: Letterboxes

Repairs: Kitchen cupboard doors & bathroom cabinet

Claim types — money lines allowed on this order

Cleanliness Compensation Filing Fee Property damage Rubbish Removal

Order

Dylan Moore must pay 23 Property Management Limited As Agent For Inkerman Partnership $10,810.04 immediately, calculated as shown in table below.

Reasons

The landlord attended the hearing. The tenant did not attend the hearing. The hearing proceeded in the tenant’s absence.
The landlord has applied for compensation, and reimbursement of the filing fee following 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 did not leave the premises reasonably clean and tidy, and did not remove all rubbish.
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 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: broken glass panels in door and window, broken shower mixer, three damaged doors, wall holes, broken door frame, damaged letterboxes, damaged kitchen cupboard doors, damaged bathroom cabinet mirror, missing light fixture, cut oven electrical cable. 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 23 Property Management Limited As Agent For Inkerman Partnership has wholly succeeded with the claim I must reimburse the filing fee.

Tenancy Tribunal case 4643373 — Property damage at Unit/Flat 3, 10A Inkerman Street, Onehunga, Auckland 1061

At a glance

Tenancy Tribunal case 4643373 — Property damage at Unit/Flat 3, 10A Inkerman Street, Onehunga, Auckland 1061

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