What was the outcome of Tenancy Tribunal case 4646350?

The tribunal order states: Dominique Aveline Makatea must pay Frank Han $19,288.44 immediately,

How much money was awarded in case 4646350?

Filing Fee: $20.44 awarded to landlord; Rent Arrears: $2,600.00 awarded to landlord; (Dry wall fix and plaster holes in b…: $2,875.00 awarded to landlord; (Fix And Re Install Garage Door: $460.00 awarded to landlord; Property Damage: $250.00 awarded to landlord; (Replace broken floor in wardrobe, b…: $575.00 awarded to landlord; (Replace Broken Toilet Cistern: $287.50 awarded to landlord; (Replace internal wall and ceiling p…: $9,200.00 awarded to landlord; Replace furnishings: (replace torn a…: $2,415.00 awarded to landlord; Rubbish Removal: $1,345.50 awarded to landlord; Rubbish Removal: $1,610.00 awarded to landlord; Property Damage: $250.00 awarded to landlord

What type of tenancy dispute was case 4646350?

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

Where can I read the official tribunal order for case 4646350?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/10069497-Tenancy_Tribunal_Order.pdf.

What was the outcome of Tenancy Tribunal case 4646350?

The tribunal order states: Dominique Aveline Makatea must pay Frank Han $19,288.44 immediately,

How much money was awarded in case 4646350?

Filing Fee: $20.44 awarded to landlord; Rent Arrears: $2,600.00 awarded to landlord; (Dry wall fix and plaster holes in b…: $2,875.00 awarded to landlord; (Fix And Re Install Garage Door: $460.00 awarded to landlord; Property Damage: $250.00 awarded to landlord; (Replace broken floor in wardrobe, b…: $575.00 awarded to landlord; (Replace Broken Toilet Cistern: $287.50 awarded to landlord; (Replace internal wall and ceiling p…: $9,200.00 awarded to landlord; Replace furnishings: (replace torn a…: $2,415.00 awarded to landlord; Rubbish Removal: $1,345.50 awarded to landlord; Rubbish Removal: $1,610.00 awarded to landlord; Property Damage: $250.00 awarded to landlord

What type of tenancy dispute was case 4646350?

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

Where can I read the official tribunal order for case 4646350?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/10069497-Tenancy_Tribunal_Order.pdf.

1 Hewlett Road, Massey, Auckland 0614 Tenancy Tribunal Case 4646350 — Property damage

Claims and awards in Tenancy Tribunal application 4646350 — net $19,288.44 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears (to 04/07/2023	$2,600.00	Rent arrears (to 04/07/2023
Window repairs: (insurance excess for 2 bedrooms and front door panels	$250.00	Window repairs: (insurance excess for 2 bedrooms and front door panels
Repairs: (insurance excess for new front door panels	$250.00	Repairs: (insurance excess for new front door panels
Rubbish removal: (dipose of rubbish and damaged furnishing	$1,345.50	Rubbish removal: (dipose of rubbish and damaged furnishing
Rubbish removal: (labour for rubbish removal	$1,610.00	Rubbish removal: (labour for rubbish removal
Repairs: (Dry wall fix and plaster holes in bedroms, lounge and kitchen	$2,875.00	Repairs: (Dry wall fix and plaster holes in bedroms, lounge and kitchen
Repairs: (Replace internal wall and ceiling paint	$9,200.00	Repairs: (Replace internal wall and ceiling paint
Repairs: (Replace broken floor in wardrobe, bathroom	$575.00	Repairs: (Replace broken floor in wardrobe, bathroom
Repairs: (Fix and re install garage door	$460.00	Repairs: (Fix and re install garage door
Replace furnishings: (replace torn and missing bedroom curtains	$2,415.00	Replace furnishings: (replace torn and missing bedroom curtains
Repairs: (replace broken toilet cistern	$287.50	Repairs: (replace broken toilet cistern
Filing fee reimbursement	$20.44	Filing fee reimbursement
Net award	$19,288.44
Total payable by Tenant to Landlord	$19,288.44

Claims and awards in Tenancy Tribunal application 4646350 — net $19,288.44 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.

Claim

Landlord

Tenant

Reason

Rent arrears (to 04/07/2023

$2,600.00

Rent arrears (to 04/07/2023

Window repairs: (insurance excess for 2 bedrooms and front door panels

$250.00

Window repairs: (insurance excess for 2 bedrooms and front door panels

Repairs: (insurance excess for new front door panels

$250.00

Repairs: (insurance excess for new front door panels

Rubbish removal: (dipose of rubbish and damaged furnishing

$1,345.50

Rubbish removal: (dipose of rubbish and damaged furnishing

Rubbish removal: (labour for rubbish removal

$1,610.00

Rubbish removal: (labour for rubbish removal

Repairs: (Dry wall fix and plaster holes in bedroms, lounge and kitchen

$2,875.00

Repairs: (Dry wall fix and plaster holes in bedroms, lounge and kitchen

Repairs: (Replace internal wall and ceiling paint

$9,200.00

Repairs: (Replace internal wall and ceiling paint

Repairs: (Replace broken floor in wardrobe, bathroom

$575.00

Repairs: (Replace broken floor in wardrobe, bathroom

Repairs: (Fix and re install garage door

$460.00

Repairs: (Fix and re install garage door

Replace furnishings: (replace torn and missing bedroom curtains

$2,415.00

Replace furnishings: (replace torn and missing bedroom curtains

Repairs: (replace broken toilet cistern

$287.50

Repairs: (replace broken toilet cistern

Filing fee reimbursement

$20.44

Filing fee reimbursement

Net award

$19,288.44

Total payable by Tenant to Landlord

$19,288.44

Reasons

The landlord attended the hearing. The tenant did not.

I am satisfied that the tenant had received proper notice of the hearing time, date and place and chose not to attend.

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

How much is owed for rent?

The tenancy ended on 4 July 2023. The landlord provided rent records 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 house was full of urine, faeces, old broken furnishings, old tires, soiled nappies and a plethora of other household 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: a. Holes, scuffs and other significant damage to the walls; b. Broken glass in front door and bedroom windows; c. Broken front door frame; d. Ripped and missing curtains; e. Damaged floor in wardrobe and bathroom; f. Garage door fix and re-install; and g. Replace broken toilet.

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 considered 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 considered the age and condition of the items at the start of the tenancy and their likely useful lifespan. Reimbursement of filing fee

Because Frank Han has wholly succeeded with the claim I must reimburse the filing fee.

Claims and awards in Tenancy Tribunal application 4646350 — net $19,288.44 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears (to 04/07/2023	$2,600.00	Rent arrears (to 04/07/2023
Window repairs: (insurance excess for 2 bedrooms and front door panels	$250.00	Window repairs: (insurance excess for 2 bedrooms and front door panels
Repairs: (insurance excess for new front door panels	$250.00	Repairs: (insurance excess for new front door panels
Rubbish removal: (dipose of rubbish and damaged furnishing	$1,345.50	Rubbish removal: (dipose of rubbish and damaged furnishing
Rubbish removal: (labour for rubbish removal	$1,610.00	Rubbish removal: (labour for rubbish removal
Repairs: (Dry wall fix and plaster holes in bedroms, lounge and kitchen	$2,875.00	Repairs: (Dry wall fix and plaster holes in bedroms, lounge and kitchen
Repairs: (Replace internal wall and ceiling paint	$9,200.00	Repairs: (Replace internal wall and ceiling paint
Repairs: (Replace broken floor in wardrobe, bathroom	$575.00	Repairs: (Replace broken floor in wardrobe, bathroom
Repairs: (Fix and re install garage door	$460.00	Repairs: (Fix and re install garage door
Replace furnishings: (replace torn and missing bedroom curtains	$2,415.00	Replace furnishings: (replace torn and missing bedroom curtains
Repairs: (replace broken toilet cistern	$287.50	Repairs: (replace broken toilet cistern
Filing fee reimbursement	$20.44	Filing fee reimbursement
Net award	$19,288.44
Total payable by Tenant to Landlord	$19,288.44

Claims and awards in Tenancy Tribunal application 4646350 — net $19,288.44 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.

Claim

Landlord

Tenant

Reason

Rent arrears (to 04/07/2023

$2,600.00

Rent arrears (to 04/07/2023

Window repairs: (insurance excess for 2 bedrooms and front door panels

$250.00

Window repairs: (insurance excess for 2 bedrooms and front door panels

Repairs: (insurance excess for new front door panels

$250.00

Repairs: (insurance excess for new front door panels

Rubbish removal: (dipose of rubbish and damaged furnishing

$1,345.50

Rubbish removal: (dipose of rubbish and damaged furnishing

Rubbish removal: (labour for rubbish removal

$1,610.00

Rubbish removal: (labour for rubbish removal

Repairs: (Dry wall fix and plaster holes in bedroms, lounge and kitchen

$2,875.00

Repairs: (Dry wall fix and plaster holes in bedroms, lounge and kitchen

Repairs: (Replace internal wall and ceiling paint

$9,200.00

Repairs: (Replace internal wall and ceiling paint

Repairs: (Replace broken floor in wardrobe, bathroom

$575.00

Repairs: (Replace broken floor in wardrobe, bathroom

Repairs: (Fix and re install garage door

$460.00

Repairs: (Fix and re install garage door

Replace furnishings: (replace torn and missing bedroom curtains

$2,415.00

Replace furnishings: (replace torn and missing bedroom curtains

Repairs: (replace broken toilet cistern

$287.50

Repairs: (replace broken toilet cistern

Filing fee reimbursement

$20.44

Filing fee reimbursement

Net award

$19,288.44

Total payable by Tenant to Landlord

$19,288.44

Order

Dominique Aveline Makatea must pay Frank Han $19,288.44 immediately, calculated as shown in table below.
The Bond Centre is to pay the bond of $2,600.00 (6445035-001) to Frank Han immediately.

Reasons

The landlord attended the hearing. The tenant did not.
I am satisfied that the tenant had received proper notice of the hearing time, date and place and chose not to attend.
The landlord has applied for rent arrears, compensation, refund of the bond, and reimbursement of the filing fee following the end of the tenancy.

How much is owed for rent?

The tenancy ended on 4 July 2023. The landlord provided rent records 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 house was full of urine, faeces, old broken furnishings, old tires, soiled nappies and a plethora of other household 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: a. Holes, scuffs and other significant damage to the walls; b. Broken glass in front door and bedroom windows; c. Broken front door frame; d. Ripped and missing curtains; e. Damaged floor in wardrobe and bathroom; f. Garage door fix and re-install; and g. Replace broken toilet.
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 considered 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 considered the age and condition of the items at the start of the tenancy and their likely useful lifespan. Reimbursement of filing fee
Because Frank Han has wholly succeeded with the claim I must reimburse the filing fee.

Tenancy Tribunal case 4646350 — Property damage at 1 Hewlett Road, Massey, Auckland 0614

At a glance

Tenancy Tribunal case 4646350 — Property damage at 1 Hewlett Road, Massey, Auckland 0614

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