What was Tenancy Tribunal case 4668729 about?

The tribunal order states: Cherie Kerimoana Mataira must pay [The landlord/s] $604.92 immediately, as

How much money was awarded in case 4668729?

Filing Fee: $20.44 awarded to landlord; Property Damage: $2,622.00 awarded to landlord; Property Damage: $862.48 awarded to landlord

What type of tenancy dispute was case 4668729?

The primary dispute was Property damage.

Where can I read the official tribunal order for case 4668729?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/9973592-Tribunal_Order_Redacted.pdf.

What was Tenancy Tribunal case 4668729 about?

The tribunal order states: Cherie Kerimoana Mataira must pay [The landlord/s] $604.92 immediately, as

How much money was awarded in case 4668729?

Filing Fee: $20.44 awarded to landlord; Property Damage: $2,622.00 awarded to landlord; Property Damage: $862.48 awarded to landlord

What type of tenancy dispute was case 4668729?

The primary dispute was Property damage.

Where can I read the official tribunal order for case 4668729?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/9973592-Tribunal_Order_Redacted.pdf.

52 Greenmeadows Avenue, Manurewa East, Auckland Tenancy Tribunal Case 4668729 — Property damage

Order

Claims and awards in Tenancy Tribunal application 4668729 — net $604.92 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Repairs	$2,622.00	Repairs
Repairs	$862.48	Repairs
Filing fee reimbursement	$20.44	Filing fee reimbursement
Net award	$604.92
Total payable by Tenant to Landlord	$604.92

Cherie Kerimoana Mataira must pay [The landlord/s] $604.92 immediately, as calculated and shown in table below. DescriptionLandlord Repairs$2,622.00 Repairs$862.48 Filing fee reimbursement$20.44 Total award$3,504.92 Minus Bond$2,900.00 Total payable by Tenant to Landlord$604.92

The Bond Centre is to pay the bond of $2,900.00 ([Bond number suppressed]) to [The landlord/s] immediately.

Reasons

The landlord attended the hearing, the tenant did not attend. The tenant turned up 40 minutes late and the hearing had concluded. The landlord had gone, and I was in the final stages of completing the order. She was advised that she could seek a rehearing application if she had grounds to be considered.

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

The tenancy ended on 24 June 2023.

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 landlord has provided photographs of the condition of the property at the end of the tenancy. The property was not left in a reasonably clean and tidy condition. The carpets were dirty, and the tenant left a large amount of rubbish at the property.

The landlord provided the Tribunal with an invoice dated 4 July 2023 from Total Property Services. The invoice is claiming $560.00 for rubbish dump fees, $250.00 for truck hire to dispose of the rubbish, labour hire of $850.00 for three men for two days, and $350.00 for carpet cleaning.

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: -Holes in the bedroom walls -Door repairs -Curtains damaged. -Shower door and hinges broken.

The damage is more than fair wear and tear, and the tenant has not disproved liability for the damage.

The landlord provided photos of the damage and the cost of repairs were included in two invoices from [Property maintenance company] dated 4 and 10 July 2023.

The amounts ordered are proved.

The bond is to be refunded immediately to the landlord to offset the debt owed by the tenant to the landlord.

The landlord seeks suppression of their name and details and as they have been successful with their application, I am granting suppression.

Because [The landlord/s] has wholly succeeded with the claim I must reimburse the filing fee.

Claims and awards in Tenancy Tribunal application 4668729 — net $604.92 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Repairs	$2,622.00	Repairs
Repairs	$862.48	Repairs
Filing fee reimbursement	$20.44	Filing fee reimbursement
Net award	$604.92
Total payable by Tenant to Landlord	$604.92

Order

Cherie Kerimoana Mataira must pay [The landlord/s] $604.92 immediately, as calculated and shown in table below. DescriptionLandlord Repairs$2,622.00 Repairs$862.48 Filing fee reimbursement$20.44 Total award$3,504.92 Minus Bond$2,900.00 Total payable by Tenant to Landlord$604.92
The Bond Centre is to pay the bond of $2,900.00 ([Bond number suppressed]) to [The landlord/s] immediately.

Reasons

The landlord attended the hearing, the tenant did not attend. The tenant turned up 40 minutes late and the hearing had concluded. The landlord had gone, and I was in the final stages of completing the order. She was advised that she could seek a rehearing application if she had grounds to be considered.
The landlord has applied for compensation, refund of the bond, and reimbursement of the filing fee following the end of the tenancy.
The tenancy ended on 24 June 2023.

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 landlord has provided photographs of the condition of the property at the end of the tenancy. The property was not left in a reasonably clean and tidy condition. The carpets were dirty, and the tenant left a large amount of rubbish at the property.
The landlord provided the Tribunal with an invoice dated 4 July 2023 from Total Property Services. The invoice is claiming $560.00 for rubbish dump fees, $250.00 for truck hire to dispose of the rubbish, labour hire of $850.00 for three men for two days, and $350.00 for carpet cleaning.
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: -Holes in the bedroom walls -Door repairs -Curtains damaged. -Shower door and hinges broken.
The damage is more than fair wear and tear, and the tenant has not disproved liability for the damage.
The landlord provided photos of the damage and the cost of repairs were included in two invoices from [Property maintenance company] dated 4 and 10 July 2023.
The amounts ordered are proved.
The bond is to be refunded immediately to the landlord to offset the debt owed by the tenant to the landlord.
The landlord seeks suppression of their name and details and as they have been successful with their application, I am granting suppression.
Because [The landlord/s] has wholly succeeded with the claim I must reimburse the filing fee.

Tenancy Tribunal case 4668729 — Property damage at 52 Greenmeadows Avenue, Manurewa East, Auckland

At a glance

Tenancy Tribunal case 4668729 — Property damage at 52 Greenmeadows Avenue, Manurewa East, 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