How much money was awarded in case 4657109?

Cleaning: $199.00 awarded to landlord; Filing Fee: $20.44 awarded to landlord; Property Damage: $250.00 awarded to landlord

What type of tenancy dispute was case 4657109?

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

Where can I read the official tribunal order for case 4657109?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/9736896-Tenancy_Tribunal_Order.pdf.

How much money was awarded in case 4657109?

Cleaning: $199.00 awarded to landlord; Filing Fee: $20.44 awarded to landlord; Property Damage: $250.00 awarded to landlord

What type of tenancy dispute was case 4657109?

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

Where can I read the official tribunal order for case 4657109?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/9736896-Tenancy_Tribunal_Order.pdf.

Unit/Flat 702, 38A Liverpool Street, Auckland Central, Tenancy Tribunal Case 4657109 — Property damage

Q: What was the outcome of Tenancy Tribunal case 4657109?

The tribunal order states: The requirement for service is dispensed with. I directed the hearing proceed

Order

Claims and awards in Tenancy Tribunal application 4657109 — net $469.44 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Cleaning	$199.00	Cleaning
Repairs: (broken lounge window repair	$250.00	Repairs: (broken lounge window repair
Filing fee reimbursement	$20.44	Filing fee reimbursement
Net award	$469.44
Total payable by Tenant to Landlord	$469.44

The requirement for service is dispensed with. I directed the hearing proceed as if the notice or other documents had been served on the tenant in accordance with the Residential Tenancies Act 1986 (RTA).

Diana Douglas must pay Home In Place (New Zealand) Limited $469.44 immediately, calculated as shown in table below:

Reasons

The landlord attended the hearing. The tenant did not. Service of notice of hearing on tenant

The tenancy ended on `12 September 2022. The application to the Tribunal was made more than 2 months after the termination of the tenancy, being 15 August 2023.

Section 91AA of the Residential Tenancies Act 1986 (RTA) states “If the landlord files an application more than 2 months after the termination of the tenancy to which it relates, any notice or other document required to be served on the tenant relating to the application must be given to or served on the tenant— (a) personally; or (b) by posting it to a contact address that the tenant has supplied to the landlord in writing within the 2 months before the application; or (c) by delivering it to the place where the tenant now lives and giving it to any person appearing to be aged 16 years or older who appears to be residing at that place and who confirms that the tenant resides there; or (d) by giving it to any solicitor or other agent of the tenant duly authorised by the tenant to receive service on his or her behalf.”

The landlord gave evidence that: a. The tenancy relations officers have tried to locate the tenant for over a year and have been unable to do so; b. The landlord’s call centre has also tried to locate the tenant for over a year and have been unable to do so; c. The landlord has no idea where the tenant now lives or works; d. There was no email address for service provided on the tenancy agreement; e. The tenant has not provided the landlord with a solicitor or other agent of the tenant that she has duly authorised to receive service on her behalf; and f. Tenancy Services sent the tenant an email on 06 September 2023 which contained a confirmation of address form and the offer of attending mediation to settle the matter. She has not responded. The landlord provided the email address to Tenancy Services that it communicated with her on during the tenancy. It is unaware of whether this email address is current.

I am satisfied that all reasonable efforts have been made to serve the notice or other document on the tenant in accordance with the RTA.

Is the tenant responsible for the damage to the lounge window?

The landlord sought reimbursement of the $250.00 to replace a light fitting in the entrance way to the premises that was broken during the tenancy.

The landlord argued that the damage was caused due to the tenant’s careless action.

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.

After considering all the information provided by the landlord, I find that the damage to window was caused by the carelessness of the tenant for which she is liable. I am satisfied that the $250.00 compensation sought by the landlord returns it to the position it would have been in but for the careless action that caused the loss and awarded that amount accordingly.

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 amounts ordered for cleaning are proved. Filing fee

Because Home In Place (New Zealand) Limited has wholly succeeded with the claim I must reimburse the filing fee.

Claims and awards in Tenancy Tribunal application 4657109 — net $469.44 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Cleaning	$199.00	Cleaning
Repairs: (broken lounge window repair	$250.00	Repairs: (broken lounge window repair
Filing fee reimbursement	$20.44	Filing fee reimbursement
Net award	$469.44
Total payable by Tenant to Landlord	$469.44

Order

The requirement for service is dispensed with. I directed the hearing proceed as if the notice or other documents had been served on the tenant in accordance with the Residential Tenancies Act 1986 (RTA).
Diana Douglas must pay Home In Place (New Zealand) Limited $469.44 immediately, calculated as shown in table below:

Reasons

The landlord attended the hearing. The tenant did not. Service of notice of hearing on tenant
The tenancy ended on `12 September 2022. The application to the Tribunal was made more than 2 months after the termination of the tenancy, being 15 August 2023.
Section 91AA of the Residential Tenancies Act 1986 (RTA) states “If the landlord files an application more than 2 months after the termination of the tenancy to which it relates, any notice or other document required to be served on the tenant relating to the application must be given to or served on the tenant— (a) personally; or (b) by posting it to a contact address that the tenant has supplied to the landlord in writing within the 2 months before the application; or (c) by delivering it to the place where the tenant now lives and giving it to any person appearing to be aged 16 years or older who appears to be residing at that place and who confirms that the tenant resides there; or (d) by giving it to any solicitor or other agent of the tenant duly authorised by the tenant to receive service on his or her behalf.”
The landlord gave evidence that: a. The tenancy relations officers have tried to locate the tenant for over a year and have been unable to do so; b. The landlord’s call centre has also tried to locate the tenant for over a year and have been unable to do so; c. The landlord has no idea where the tenant now lives or works; d. There was no email address for service provided on the tenancy agreement; e. The tenant has not provided the landlord with a solicitor or other agent of the tenant that she has duly authorised to receive service on her behalf; and f. Tenancy Services sent the tenant an email on 06 September 2023 which contained a confirmation of address form and the offer of attending mediation to settle the matter. She has not responded. The landlord provided the email address to Tenancy Services that it communicated with her on during the tenancy. It is unaware of whether this email address is current.
I am satisfied that all reasonable efforts have been made to serve the notice or other document on the tenant in accordance with the RTA.

Is the tenant responsible for the damage to the lounge window?

The landlord sought reimbursement of the $250.00 to replace a light fitting in the entrance way to the premises that was broken during the tenancy.
The landlord argued that the damage was caused due to the tenant’s careless action.
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.
After considering all the information provided by the landlord, I find that the damage to window was caused by the carelessness of the tenant for which she is liable. I am satisfied that the $250.00 compensation sought by the landlord returns it to the position it would have been in but for the careless action that caused the loss and awarded that amount accordingly.

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 amounts ordered for cleaning are proved. Filing fee
Because Home In Place (New Zealand) Limited has wholly succeeded with the claim I must reimburse the filing fee.

Tenancy Tribunal case 4657109 — Property damage at Unit/Flat 702, 38A Liverpool Street, Auckland Central,

At a glance

Tenancy Tribunal case 4657109 — Property damage at Unit/Flat 702, 38A Liverpool Street, Auckland Central,

At a glance

Award balance

Claims & awards

Order

Reasons

Is the tenant responsible for the damage to the lounge window?

Did the tenant comply with their obligations at the end of the tenancy?

Topics & place

Residential Tenancies Act sections

Key findings

Property management

Frequently asked questions

Award balance

Claims & awards

Order

Reasons

Is the tenant responsible for the damage to the lounge window?

Did the tenant comply with their obligations at the end of the tenancy?

Topics & place

Residential Tenancies Act sections

Key findings

Property management

Frequently asked questions