What was the outcome of Tenancy Tribunal case 4680910?

The tribunal order states: Ariki Honetana Paea must pay The Rental Bureau Limited Acting Agent For

How much money was awarded in case 4680910?

Cleaning: $483.00 awarded to landlord; Filing Fee: $20.44 awarded to landlord; Previous Order Application 4625790 D…: $419.44 awarded to landlord; Property Damage: $550.00 awarded to landlord; Property Damage: $182.10 awarded to landlord; Property Damage: $2,350.60 awarded to landlord; Rubbish Removal: $807.30 awarded to landlord; Smashed Window: $318.00 awarded to landlord

What type of tenancy dispute was case 4680910?

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

Where can I read the official tribunal order for case 4680910?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/10282504-Tenancy_Tribunal_Order.pdf.

What was the outcome of Tenancy Tribunal case 4680910?

The tribunal order states: Ariki Honetana Paea must pay The Rental Bureau Limited Acting Agent For

How much money was awarded in case 4680910?

Cleaning: $483.00 awarded to landlord; Filing Fee: $20.44 awarded to landlord; Previous Order Application 4625790 D…: $419.44 awarded to landlord; Property Damage: $550.00 awarded to landlord; Property Damage: $182.10 awarded to landlord; Property Damage: $2,350.60 awarded to landlord; Rubbish Removal: $807.30 awarded to landlord; Smashed Window: $318.00 awarded to landlord

What type of tenancy dispute was case 4680910?

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

Where can I read the official tribunal order for case 4680910?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/10282504-Tenancy_Tribunal_Order.pdf.

191A Glengarry Road, Glen Eden, Auckland 0602 Tenancy Tribunal Case 4680910 — Property damage

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191A Glengarry Road, Glen Eden, Auckland 0602 Tenancy Tribunal Case 4680910 — 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 4680910 — net $5,130.88 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Previous order application 4625790 dated 03/08/2023	$419.44	Previous order application 4625790 dated 03/08/2023
Smashed window	$318.00	Smashed window
Insurance excess claimed for smashed window	$550.00	Insurance excess claimed for smashed window
Lock/key replacement	$182.10	Lock/key replacement
Repair wall damage, split door frame and damaged doors and damaged kitchen drawers. Rehang wardrobe doors and curtains	$2,350.60	Repair wall damage, split door frame and damaged doors and damaged kitchen drawers. Rehang wardrobe doors and curtains
Replace curtains, rubbish removal and remove padlock from garage door and replace	$807.30	Replace curtains, rubbish removal and remove padlock from garage door and replace
Cleaning	$483.00	Cleaning
Filing fee reimbursement	$20.44	Filing fee reimbursement
Net award	$5,130.88
Total payable by Tenant to Landlord	$5,130.88

Claims and awards for application 4680910 — net $5,130.88 NZD. Verify on MoJ.

Previous order application 4625790 dated 03/08/2023

Amount: $419.44
Awarded to: Landlord
Reason: Previous order application 4625790 dated 03/08/2023

Smashed window

Amount: $318.00
Awarded to: Landlord
Reason: Smashed window

Insurance excess claimed for smashed window

Amount: $550.00
Awarded to: Landlord
Reason: Insurance excess claimed for smashed window

Lock/key replacement

Amount: $182.10
Awarded to: Landlord
Reason: Lock/key replacement

Repair wall damage, split door frame and damaged doors and damaged kitchen drawers. Rehang wardrobe doors and curtains

Amount: $2,350.60
Awarded to: Landlord

Claim types — money lines allowed on this order

Cleanliness Filing Fee Property damage Rubbish Removal

Order

Ariki Honetana Paea must pay The Rental Bureau Limited Acting Agent For Elspeth Witton & Nathan $5,130.88 immediately, calculated as shown in the table below:
This order incorporates the Tribunal order made on 3 August 2023 under application 4625790.

Reasons

The landlord attended the hearing, but the tenant did not attend. I proceeded with the hearing in the tenant’s absence as I was satisfied that adequate service of the hearing notice had been completed.
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.
I am satisfied on the evidence produced by the landlord that the tenant did not leave the premises reasonably clean and tidy, did not remove all rubbish and did not return the keys.
The landlord relied on the entry and exit inspection reports, photographs of the condition of the property, and invoices. The landlord’s evidence is undisputed.
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.
The following damage was caused during the tenancy: the window in the bedroom was broken, the walls had holes in them, a door frame had split, other doors were damaged, the wardrobe door in the bedroom had come off the track, curtains and rails were removed, and the kitchen cupboards were 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. Previous order
On 3 August 2023 the Tribunal made an order relating to this tenancy for rent arrears (application 4625790). The previous order is incorporated into this order for enforcement purposes. Filing fee
As the landlord has wholly succeeded with the claim, I must order the other party to 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 4680910 — net $5,130.88 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Previous order application 4625790 dated 03/08/2023	$419.44	Previous order application 4625790 dated 03/08/2023
Smashed window	$318.00	Smashed window
Insurance excess claimed for smashed window	$550.00	Insurance excess claimed for smashed window
Lock/key replacement	$182.10	Lock/key replacement
Repair wall damage, split door frame and damaged doors and damaged kitchen drawers. Rehang wardrobe doors and curtains	$2,350.60	Repair wall damage, split door frame and damaged doors and damaged kitchen drawers. Rehang wardrobe doors and curtains
Replace curtains, rubbish removal and remove padlock from garage door and replace	$807.30	Replace curtains, rubbish removal and remove padlock from garage door and replace
Cleaning	$483.00	Cleaning
Filing fee reimbursement	$20.44	Filing fee reimbursement
Net award	$5,130.88
Total payable by Tenant to Landlord	$5,130.88

Claims and awards for application 4680910 — net $5,130.88 NZD. Verify on MoJ.

Previous order application 4625790 dated 03/08/2023

Amount: $419.44
Awarded to: Landlord
Reason: Previous order application 4625790 dated 03/08/2023

Smashed window

Amount: $318.00
Awarded to: Landlord
Reason: Smashed window

Insurance excess claimed for smashed window

Amount: $550.00
Awarded to: Landlord
Reason: Insurance excess claimed for smashed window

Lock/key replacement

Amount: $182.10
Awarded to: Landlord
Reason: Lock/key replacement

Repair wall damage, split door frame and damaged doors and damaged kitchen drawers. Rehang wardrobe doors and curtains

Amount: $2,350.60
Awarded to: Landlord

Claim types — money lines allowed on this order

Cleanliness Filing Fee Property damage Rubbish Removal

Order

Ariki Honetana Paea must pay The Rental Bureau Limited Acting Agent For Elspeth Witton & Nathan $5,130.88 immediately, calculated as shown in the table below:
This order incorporates the Tribunal order made on 3 August 2023 under application 4625790.

Reasons

The landlord attended the hearing, but the tenant did not attend. I proceeded with the hearing in the tenant’s absence as I was satisfied that adequate service of the hearing notice had been completed.
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.
I am satisfied on the evidence produced by the landlord that the tenant did not leave the premises reasonably clean and tidy, did not remove all rubbish and did not return the keys.
The landlord relied on the entry and exit inspection reports, photographs of the condition of the property, and invoices. The landlord’s evidence is undisputed.
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.
The following damage was caused during the tenancy: the window in the bedroom was broken, the walls had holes in them, a door frame had split, other doors were damaged, the wardrobe door in the bedroom had come off the track, curtains and rails were removed, and the kitchen cupboards were 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. Previous order
On 3 August 2023 the Tribunal made an order relating to this tenancy for rent arrears (application 4625790). The previous order is incorporated into this order for enforcement purposes. Filing fee
As the landlord has wholly succeeded with the claim, I must order the other party to reimburse the filing fee.

Tenancy Tribunal case 4680910 — Property damage at 191A Glengarry Road, Glen Eden, Auckland 0602

At a glance

Tenancy Tribunal case 4680910 — Property damage at 191A Glengarry Road, Glen Eden, Auckland 0602

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

Property management

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

Property management

Frequently asked questions