How much money was awarded in case 4643733?

Filing Fee: $20.44 awarded to landlord; Property Damage: $276.00 awarded to landlord; Rent To 7.9.23 - Credit: $942.86 awarded to tenant; Ranch Slider: $1,182.20 awarded to landlord; Shower Door: $661.25 awarded to landlord; Water Rates: $412.67 awarded to landlord

What type of tenancy dispute was case 4643733?

The primary dispute was Property damage.

Where can I read the official tribunal order for case 4643733?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/9491932-Tenancy_Tribunal_Order.pdf.

How much money was awarded in case 4643733?

Filing Fee: $20.44 awarded to landlord; Property Damage: $276.00 awarded to landlord; Rent To 7.9.23 - Credit: $942.86 awarded to tenant; Ranch Slider: $1,182.20 awarded to landlord; Shower Door: $661.25 awarded to landlord; Water Rates: $412.67 awarded to landlord

What type of tenancy dispute was case 4643733?

The primary dispute was Property damage.

Where can I read the official tribunal order for case 4643733?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/9491932-Tenancy_Tribunal_Order.pdf.

50A Everitt Road, Otara, Auckland 2023 Tenancy Tribunal Case 4643733 — Property damage

Q: What was the outcome of Tenancy Tribunal case 4643733?

The tribunal order states: No application for suppression has been made in this case and no suppression

Order

Claims and awards in Tenancy Tribunal application 4643733 — net $1,609.70 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Tenant	Reason
Water rates	$412.67		Water rates
Lock/key replacement	$276.00		Lock/key replacement
Repairs: shower door	$661.25		Repairs: shower door
Repairs: ranch slider	$1,182.20		Repairs: ranch slider
Filing fee reimbursement	$20.44		Filing fee reimbursement
Rent to 7.9.23 - credit		$942.86	Rent to 7.9.23 - credit
Total award	$2,552.56	$942.86
Net award	$1,609.70
Total payable by Tenant to Landlord	$1,609.70

No application for suppression has been made in this case and no suppression orders apply around publication of this decision.

Sioeli Uhatafe is to pay 360 Property Management Limited as agent for Action Jackson Ltd $1,609.70 from the bond, calculated as shown in the table below.

The Bond Centre is to pay the bond of $1,609.70 (5977024-004) to 360 Property Management Limited as agent for Action Jackson Ltd immediately.

The balance of the bond of $630.30 is to remain at the Bond Centre.

Reasons

Only the landlord, represented by Ms Dally, appeared at the hearing. While notified, the tenant did not attend.

The landlord has applied for water charges, compensation, payment from the bond (of $2,240.00), and reimbursement of the filing fee following the end of the tenancy. Termination of the tenancy is no longer sought, since the tenancy has come to an end.

How much is owed for rent and water rates?

The tenancy ended on 7 September 2023. The landlord provided rent records and water rates invoices. These records show that the tenant had overpaid rent ($942.86) and was in credit. However, there were unpaid water charges totalling $412.67. These amounts are noted above.

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) of the Residential Tenancies Act 1986 (the RTA).

The tenant did not leave the premises reasonably clean and tidy, and did not remove all rubbish, as shown in the photographic evidence provided by the landlord. The landlord has not sought these costs at this time, as the work to clean the premises and remove the rubbish is yet to be undertaken.

The tenant did not return the keys, so the landlord incurred the cost of changing the locks and replacing the keys. An invoice has been provided. The amount ordered for this cost has been proved.

Is the tenant responsible for the damage to the premises?

The landlord claims compensation for damage. To be successful, 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 of the 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) of the 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) of the 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) of the RTA.

The landlord is insured for tenant damage and according to the tenancy agreement, the insurance excess is $1,000.00. The rent for this premises is $580.00 per week.

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) of the 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.

From the photographic, oral and documentary evidence provided by the landlord (including invoices for repairs), I am satisfied that the following damage was caused during the tenancy: a. Damage to the shower door glass ($661.25): the glass door and frame had to be replaced. In an email dated 11 April 2023 the tenant accepted liability for this damage b. Damage to the ranch slider glass door ($1,182.20). Three panels of glass had to be re-glazed. There is photographic evidence and an invoice from South Auckland Glass. Each damaged glass panel can be regarded as a separate event.

The above 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. Filing fee

Because the landlord has been successful, the tenant is to pay the landlord’s filing fee. .

Claims and awards in Tenancy Tribunal application 4643733 — net $1,609.70 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Tenant	Reason
Water rates	$412.67		Water rates
Lock/key replacement	$276.00		Lock/key replacement
Repairs: shower door	$661.25		Repairs: shower door
Repairs: ranch slider	$1,182.20		Repairs: ranch slider
Filing fee reimbursement	$20.44		Filing fee reimbursement
Rent to 7.9.23 - credit		$942.86	Rent to 7.9.23 - credit
Total award	$2,552.56	$942.86
Net award	$1,609.70
Total payable by Tenant to Landlord	$1,609.70

Order

No application for suppression has been made in this case and no suppression orders apply around publication of this decision.
Sioeli Uhatafe is to pay 360 Property Management Limited as agent for Action Jackson Ltd $1,609.70 from the bond, calculated as shown in the table below.
The Bond Centre is to pay the bond of $1,609.70 (5977024-004) to 360 Property Management Limited as agent for Action Jackson Ltd immediately.
The balance of the bond of $630.30 is to remain at the Bond Centre.

Reasons

Only the landlord, represented by Ms Dally, appeared at the hearing. While notified, the tenant did not attend.
The landlord has applied for water charges, compensation, payment from the bond (of $2,240.00), and reimbursement of the filing fee following the end of the tenancy. Termination of the tenancy is no longer sought, since the tenancy has come to an end.

How much is owed for rent and water rates?

The tenancy ended on 7 September 2023. The landlord provided rent records and water rates invoices. These records show that the tenant had overpaid rent ($942.86) and was in credit. However, there were unpaid water charges totalling $412.67. These amounts are noted above.

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) of the Residential Tenancies Act 1986 (the RTA).
The tenant did not leave the premises reasonably clean and tidy, and did not remove all rubbish, as shown in the photographic evidence provided by the landlord. The landlord has not sought these costs at this time, as the work to clean the premises and remove the rubbish is yet to be undertaken.
The tenant did not return the keys, so the landlord incurred the cost of changing the locks and replacing the keys. An invoice has been provided. The amount ordered for this cost has been proved.

Is the tenant responsible for the damage to the premises?

The landlord claims compensation for damage. To be successful, 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 of the 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) of the 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) of the 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) of the RTA.
The landlord is insured for tenant damage and according to the tenancy agreement, the insurance excess is $1,000.00. The rent for this premises is $580.00 per week.
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) of the 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.
From the photographic, oral and documentary evidence provided by the landlord (including invoices for repairs), I am satisfied that the following damage was caused during the tenancy: a. Damage to the shower door glass ($661.25): the glass door and frame had to be replaced. In an email dated 11 April 2023 the tenant accepted liability for this damage b. Damage to the ranch slider glass door ($1,182.20). Three panels of glass had to be re-glazed. There is photographic evidence and an invoice from South Auckland Glass. Each damaged glass panel can be regarded as a separate event.
The above 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. Filing fee
Because the landlord has been successful, the tenant is to pay the landlord’s filing fee. .

Tenancy Tribunal case 4643733 — Property damage at 50A Everitt Road, Otara, Auckland 2023

At a glance

Tenancy Tribunal case 4643733 — Property damage at 50A Everitt Road, Otara, Auckland 2023

At a glance

Award balance

Claims & awards

Order

Reasons

How much is owed for rent and 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 rent and 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