What was the outcome of Tenancy Tribunal case 4663669?

The tribunal order states: Shai Rayne Hall must pay Pro Management (Auckland) Limited Acting Agent

How much money was awarded in case 4663669?

Cleaning: $385.00 awarded to landlord; Filing Fee: $20.44 awarded to landlord; Property Damage: $295.00 awarded to landlord; Rent Correction: $487.04 awarded to tenant; Walls, Doors, Ceiling: $2,150.00 awarded to landlord; Smoke Alarms: $330.00 awarded to landlord; Water Rates: $114.99 awarded to landlord

What type of tenancy dispute was case 4663669?

The primary dispute was Property damage. Related themes: Cleanliness, Smoke alarms.

Where can I read the official tribunal order for case 4663669?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/10242978-Tenancy_Tribunal_Order.pdf.

What was the outcome of Tenancy Tribunal case 4663669?

The tribunal order states: Shai Rayne Hall must pay Pro Management (Auckland) Limited Acting Agent

How much money was awarded in case 4663669?

Cleaning: $385.00 awarded to landlord; Filing Fee: $20.44 awarded to landlord; Property Damage: $295.00 awarded to landlord; Rent Correction: $487.04 awarded to tenant; Walls, Doors, Ceiling: $2,150.00 awarded to landlord; Smoke Alarms: $330.00 awarded to landlord; Water Rates: $114.99 awarded to landlord

What type of tenancy dispute was case 4663669?

The primary dispute was Property damage. Related themes: Cleanliness, Smoke alarms.

Where can I read the official tribunal order for case 4663669?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/10242978-Tenancy_Tribunal_Order.pdf.

Unit/Flat 6, 24 Tara Road, Henderson, Auckland 0612 Tenancy Tribunal Case 4663669 — Property damage

Reasons

Claims and awards in Tenancy Tribunal application 4663669 — net $2,516.86 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Tenant	Reason
Water rates	$114.99		Water rates
Repairs: Walls, doors, ceiling	$2,150.00		Repairs: Walls, doors, ceiling
Replace furnishings: and smoke alarm	$330.00		Replace furnishings: and smoke alarm
Lock/key replacement: x 2	$295.00		Lock/key replacement: x 2
Cleaning	$385.00		Cleaning
Filing fee reimbursement	$20.44		Filing fee reimbursement
Rent correction		$487.04	Rent correction
Total award	$3,295.43	$487.04
Net award	$2,516.86
Total payable by Tenant to Landlord	$2,516.86

The landlord attended the hearing, the respondent did not.

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

How much is owed for rent and water rates?

The tenancy ended on 17 July 2023. After the tenancy ended the landlord received an extra payment for rent from WINZ of $487.04. The landlord provided water rates invoices which prove the amount owing at the end of the tenancy is $114.99.

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 did not leave the premises reasonably clean and tidy, and did not remove all rubbish. The carpets required professional cleaning, which still failed to remove all the marking caused during the tenancy. The landlord produced photographs and an invoice from Jim’s Cleaning for $385.00.

The tenant did not return the keys. Two locks needed replacing. Two invoices from TJ’s Locksmith were produced amounting to $295.00.

One smoke alarm was removed during the tenancy.

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.

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). 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). 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 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.

During the tenancy numerous small and medium sized holes were made in walls and doors, and strongly adhesive tape was affixed to walls, ceilings, balustrades and doors.

Photographs and an invoice from FY Decorators for $2,300.00 were produced by the landlord.

Net curtains and hanging rods have been removed during the tenancy. Photographs and an invoice for the replacement of the curtains and the smoke alarm for $380.00 from Propertywise 2018 Ltd were produced.

The damage is more than fair wear and tear, and the tenant has not disproved liability for the damage. I consider the damage to be a combination of careless damage and intentional 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 Pro Management (Auckland) Limited Acting Agent for Jonathan Lu has wholly succeeded with the claim I must reimburse the filing fee.

Claims and awards in Tenancy Tribunal application 4663669 — net $2,516.86 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Tenant	Reason
Water rates	$114.99		Water rates
Repairs: Walls, doors, ceiling	$2,150.00		Repairs: Walls, doors, ceiling
Replace furnishings: and smoke alarm	$330.00		Replace furnishings: and smoke alarm
Lock/key replacement: x 2	$295.00		Lock/key replacement: x 2
Cleaning	$385.00		Cleaning
Filing fee reimbursement	$20.44		Filing fee reimbursement
Rent correction		$487.04	Rent correction
Total award	$3,295.43	$487.04
Net award	$2,516.86
Total payable by Tenant to Landlord	$2,516.86

Order

Shai Rayne Hall must pay Pro Management (Auckland) Limited Acting Agent For Jonathan Lu $2,516.86 immediately, calculated as shown in table below.
The Bond Centre is to pay the bond of $291.53 (6427173-007) to Pro Management (Auckland) Limited Acting Agent For Jonathan Lu immediately.

Reasons

The landlord attended the hearing, the respondent did not.
The landlord has applied for rent arrears, compensation, damages refund of the bond, and reimbursement of the filing fee following the end of the tenancy.

How much is owed for rent and water rates?

The tenancy ended on 17 July 2023. After the tenancy ended the landlord received an extra payment for rent from WINZ of $487.04. The landlord provided water rates invoices which prove the amount owing at the end of the tenancy is $114.99.

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 did not leave the premises reasonably clean and tidy, and did not remove all rubbish. The carpets required professional cleaning, which still failed to remove all the marking caused during the tenancy. The landlord produced photographs and an invoice from Jim’s Cleaning for $385.00.
The tenant did not return the keys. Two locks needed replacing. Two invoices from TJ’s Locksmith were produced amounting to $295.00.
One smoke alarm was removed during the tenancy.
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.
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). 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). 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 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.
During the tenancy numerous small and medium sized holes were made in walls and doors, and strongly adhesive tape was affixed to walls, ceilings, balustrades and doors.
Photographs and an invoice from FY Decorators for $2,300.00 were produced by the landlord.
Net curtains and hanging rods have been removed during the tenancy. Photographs and an invoice for the replacement of the curtains and the smoke alarm for $380.00 from Propertywise 2018 Ltd were produced.
The damage is more than fair wear and tear, and the tenant has not disproved liability for the damage. I consider the damage to be a combination of careless damage and intentional 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 Pro Management (Auckland) Limited Acting Agent for Jonathan Lu has wholly succeeded with the claim I must reimburse the filing fee.

Tenancy Tribunal case 4663669 — Property damage at Unit/Flat 6, 24 Tara Road, Henderson, Auckland 0612

At a glance

Tenancy Tribunal case 4663669 — Property damage at Unit/Flat 6, 24 Tara Road, Henderson, Auckland 0612

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