What was Tenancy Tribunal case 4648330 about?

The tribunal order states: [The tenant/s] must pay Crockers Property Management Limited Acting Agent

How much money was awarded in case 4648330?

Cleaning: $391.00 awarded to landlord; Filing Fee: $20.44 awarded to landlord; Property Damage: $1,407.60 awarded to landlord; Rubbish Removal: $318.84 awarded to landlord

What type of tenancy dispute was case 4648330?

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

Where can I read the official tribunal order for case 4648330?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/9914374-Tribunal_Order_Redacted.pdf.

What was Tenancy Tribunal case 4648330 about?

The tribunal order states: [The tenant/s] must pay Crockers Property Management Limited Acting Agent

How much money was awarded in case 4648330?

Cleaning: $391.00 awarded to landlord; Filing Fee: $20.44 awarded to landlord; Property Damage: $1,407.60 awarded to landlord; Rubbish Removal: $318.84 awarded to landlord

What type of tenancy dispute was case 4648330?

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

Where can I read the official tribunal order for case 4648330?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/9914374-Tribunal_Order_Redacted.pdf.

58 Chilcott Road, Henderson, Auckland 0612 Tenancy Tribunal Case 4648330 — Property damage

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58 Chilcott Road, Henderson, Auckland 0612 Tenancy Tribunal Case 4648330 — 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 4648330 — net $2,137.88 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Repairs	$1,407.60	Repairs
Rubbish removal	$318.84	Rubbish removal
Cleaning	$391.00	Cleaning
Filing fee reimbursement	$20.44	Filing fee reimbursement
Net award	$2,137.88
Total payable by Tenant to Landlord	$2,137.88

Claims and awards for application 4648330 — net $2,137.88 NZD. Verify on MoJ.

Repairs

Amount: $1,407.60
Awarded to: Landlord
Reason: Repairs

Rubbish removal

Amount: $318.84
Awarded to: Landlord
Reason: Rubbish removal

Cleaning

Amount: $391.00
Awarded to: Landlord
Reason: Cleaning

Filing fee reimbursement

Amount: $20.44
Awarded to: Landlord
Reason: Filing fee reimbursement

Net award

Landlord $2,137.88

Total payable by Tenant to Landlord

Landlord $2,137.88

Claim types — money lines allowed on this order

Cleanliness Filing Fee Property damage Rubbish Removal

Order

[The tenant/s] must pay Crockers Property Management Limited Acting Agent For J & R Cooper Family Trust $3,460.35 immediately, calculated as shown in table below.

Reasons

Both parties attended the hearing.
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.
The tenant was paying $490.00 rent. The maximum recoverable amount is $1,960.00.
Four doors were damaged beyond repair during the tenancy and needed to be replaced. 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. The cost of replacing the doors has been depreciated by 50%.
Because Crockers Property Management Limited Acting Agent For J & R Cooper Family Trust has substantially succeeded with the claim I have reimbursed the filing fee.
The Tribunal may on the application of any party to proceedings or on its own initiative, having regards to the interests of the parties and to the public interest, order the name or any particulars of any party not be published.
The tenant seeks non-publication. The circumstances surrounding the tenancy involve some sensitivity. The landlord is not opposed to non-publication.
The tenant’s details must not be published.

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 4648330 — net $2,137.88 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Repairs	$1,407.60	Repairs
Rubbish removal	$318.84	Rubbish removal
Cleaning	$391.00	Cleaning
Filing fee reimbursement	$20.44	Filing fee reimbursement
Net award	$2,137.88
Total payable by Tenant to Landlord	$2,137.88

Claims and awards for application 4648330 — net $2,137.88 NZD. Verify on MoJ.

Repairs

Amount: $1,407.60
Awarded to: Landlord
Reason: Repairs

Rubbish removal

Amount: $318.84
Awarded to: Landlord
Reason: Rubbish removal

Cleaning

Amount: $391.00
Awarded to: Landlord
Reason: Cleaning

Filing fee reimbursement

Amount: $20.44
Awarded to: Landlord
Reason: Filing fee reimbursement

Net award

Landlord $2,137.88

Total payable by Tenant to Landlord

Landlord $2,137.88

Claim types — money lines allowed on this order

Cleanliness Filing Fee Property damage Rubbish Removal

Order

[The tenant/s] must pay Crockers Property Management Limited Acting Agent For J & R Cooper Family Trust $3,460.35 immediately, calculated as shown in table below.

Reasons

Both parties attended the hearing.
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.
The tenant was paying $490.00 rent. The maximum recoverable amount is $1,960.00.
Four doors were damaged beyond repair during the tenancy and needed to be replaced. 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. The cost of replacing the doors has been depreciated by 50%.
Because Crockers Property Management Limited Acting Agent For J & R Cooper Family Trust has substantially succeeded with the claim I have reimbursed the filing fee.
The Tribunal may on the application of any party to proceedings or on its own initiative, having regards to the interests of the parties and to the public interest, order the name or any particulars of any party not be published.
The tenant seeks non-publication. The circumstances surrounding the tenancy involve some sensitivity. The landlord is not opposed to non-publication.
The tenant’s details must not be published.

Tenancy Tribunal case 4648330 — Property damage at 58 Chilcott Road, Henderson, Auckland 0612

At a glance

Tenancy Tribunal case 4648330 — Property damage at 58 Chilcott Road, Henderson, Auckland 0612

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

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

Frequently asked questions