What was Tenancy Tribunal case 4656300 about?

The tribunal order states: Takaipokia Puti must pay [The landlord/s] $2,681.76 immediately, calculated as

How much money was awarded in case 4656300?

Cleaning: $960.25 awarded to landlord; Filing Fee: $20.44 awarded to landlord; Lightbulbs: $30.00 awarded to landlord; Property Damage: $1,369.65 awarded to landlord; Property Damage: $147.20 awarded to landlord; Building Manager Door: $123.50 awarded to landlord; CCTV: $718.76 awarded to landlord; Light: $263.35 awarded to landlord; Waste Disposal: $335.66 awarded to landlord; Replace Furnishings: Chattels: $992.95 awarded to landlord

What type of tenancy dispute was case 4656300?

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

Where can I read the official tribunal order for case 4656300?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/9664140-Tribunal_Order_Redacted.pdf.

What was Tenancy Tribunal case 4656300 about?

The tribunal order states: Takaipokia Puti must pay [The landlord/s] $2,681.76 immediately, calculated as

How much money was awarded in case 4656300?

Cleaning: $960.25 awarded to landlord; Filing Fee: $20.44 awarded to landlord; Lightbulbs: $30.00 awarded to landlord; Property Damage: $1,369.65 awarded to landlord; Property Damage: $147.20 awarded to landlord; Building Manager Door: $123.50 awarded to landlord; CCTV: $718.76 awarded to landlord; Light: $263.35 awarded to landlord; Waste Disposal: $335.66 awarded to landlord; Replace Furnishings: Chattels: $992.95 awarded to landlord

What type of tenancy dispute was case 4656300?

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

Where can I read the official tribunal order for case 4656300?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/9664140-Tribunal_Order_Redacted.pdf.

Unit/Flat 701, 17 Vogel Lane, Auckland Central, Auckland Tenancy Tribunal Case 4656300 — Property damage

Tenantcheck Insights

Unit/Flat 701, 17 Vogel Lane, Auckland Central, Auckland Tenancy Tribunal Case 4656300 — 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 4656300 — net $2,681.76 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Repairs	$1,369.65	Repairs
Repairs: Waste disposal	$335.66	Repairs: Waste disposal
Lock/key replacement	$147.20	Lock/key replacement
Repairs: CCTV	$718.76	Repairs: CCTV
Replace furnishings: Chattels	$992.95	Replace furnishings: Chattels
Cleaning	$960.25	Cleaning
Repairs: Light	$263.35	Repairs: Light
Repairs: Building Manager door	$123.50	Repairs: Building Manager door
Light bulbs/batteries	$30.00	Light bulbs/batteries
Filing fee reimbursement	$20.44	Filing fee reimbursement
Net award	$2,681.76
Total payable by Tenant to Landlord	$2,681.76

Claims and awards for application 4656300 — net $2,681.76 NZD. Verify on MoJ.

Repairs

Amount: $1,369.65
Awarded to: Landlord
Reason: Repairs

Repairs: Waste disposal

Amount: $335.66
Awarded to: Landlord
Reason: Repairs: Waste disposal

Lock/key replacement

Amount: $147.20
Awarded to: Landlord
Reason: Lock/key replacement

Repairs: CCTV

Amount: $718.76
Awarded to: Landlord
Reason: Repairs: CCTV

Replace furnishings: Chattels

Amount: $992.95
Awarded to: Landlord
Reason: Replace furnishings: Chattels

Claim types — money lines allowed on this order

Cleanliness Filing Fee Property damage

Order

Takaipokia Puti must pay [The landlord/s] $2,681.76 immediately, calculated as shown in table below.
The Bond Centre is to pay the bond of $2,280.00 ([Bond number suppressed]) to [The landlord/s] immediately.

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, refund of the bond, and reimbursement of the filing fee following the end of the tenancy.
The tenancy was terminated by order of the Tribunal on 30 August 2023.
The proceedings were adjourned to enable the landlord to claim compensation 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 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 tenant was evicted and therefore it was necessary to replace the keys.
The following chattels were missing at the end of the tenancy: iron, mop, clothes airer, sheets, TV, shower curtain, cookware, rubbish bins, crockery, table, chair.
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: dent in ceiling, front door damages, heater damaged, wall damage, drawer broken, CCTV in lift damaged, Building Manager’s door damaged, light fixture damaged. 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 [The applicant/s] 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 4656300 — net $2,681.76 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Repairs	$1,369.65	Repairs
Repairs: Waste disposal	$335.66	Repairs: Waste disposal
Lock/key replacement	$147.20	Lock/key replacement
Repairs: CCTV	$718.76	Repairs: CCTV
Replace furnishings: Chattels	$992.95	Replace furnishings: Chattels
Cleaning	$960.25	Cleaning
Repairs: Light	$263.35	Repairs: Light
Repairs: Building Manager door	$123.50	Repairs: Building Manager door
Light bulbs/batteries	$30.00	Light bulbs/batteries
Filing fee reimbursement	$20.44	Filing fee reimbursement
Net award	$2,681.76
Total payable by Tenant to Landlord	$2,681.76

Claims and awards for application 4656300 — net $2,681.76 NZD. Verify on MoJ.

Repairs

Amount: $1,369.65
Awarded to: Landlord
Reason: Repairs

Repairs: Waste disposal

Amount: $335.66
Awarded to: Landlord
Reason: Repairs: Waste disposal

Lock/key replacement

Amount: $147.20
Awarded to: Landlord
Reason: Lock/key replacement

Repairs: CCTV

Amount: $718.76
Awarded to: Landlord
Reason: Repairs: CCTV

Replace furnishings: Chattels

Amount: $992.95
Awarded to: Landlord
Reason: Replace furnishings: Chattels

Claim types — money lines allowed on this order

Cleanliness Filing Fee Property damage

Order

Takaipokia Puti must pay [The landlord/s] $2,681.76 immediately, calculated as shown in table below.
The Bond Centre is to pay the bond of $2,280.00 ([Bond number suppressed]) to [The landlord/s] immediately.

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, refund of the bond, and reimbursement of the filing fee following the end of the tenancy.
The tenancy was terminated by order of the Tribunal on 30 August 2023.
The proceedings were adjourned to enable the landlord to claim compensation 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 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 tenant was evicted and therefore it was necessary to replace the keys.
The following chattels were missing at the end of the tenancy: iron, mop, clothes airer, sheets, TV, shower curtain, cookware, rubbish bins, crockery, table, chair.
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: dent in ceiling, front door damages, heater damaged, wall damage, drawer broken, CCTV in lift damaged, Building Manager’s door damaged, light fixture damaged. 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 [The applicant/s] has wholly succeeded with the claim I must reimburse the filing fee.

Tenancy Tribunal case 4656300 — Property damage at Unit/Flat 701, 17 Vogel Lane, Auckland Central, Auckland

At a glance

Tenancy Tribunal case 4656300 — Property damage at Unit/Flat 701, 17 Vogel Lane, Auckland Central, Auckland

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