What was Tenancy Tribunal case 4681389 about?

The tribunal order states: Jennifer Marara Toia Tareha must pay [The landlord/s] $4,582.98 immediately

How much money was awarded in case 4681389?

Cleaning: $300.00 awarded to landlord; Filing Fee: $20.44 awarded to landlord; Rent Arrears: $59.29 awarded to landlord; Front Door Unit: $4,203.25 awarded to landlord

What type of tenancy dispute was case 4681389?

The primary dispute was Property damage. Related themes: Cleanliness, Rent arrears.

Where can I read the official tribunal order for case 4681389?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/9835774-Tribunal_Order_Redacted.pdf.

What was Tenancy Tribunal case 4681389 about?

The tribunal order states: Jennifer Marara Toia Tareha must pay [The landlord/s] $4,582.98 immediately

How much money was awarded in case 4681389?

Cleaning: $300.00 awarded to landlord; Filing Fee: $20.44 awarded to landlord; Rent Arrears: $59.29 awarded to landlord; Front Door Unit: $4,203.25 awarded to landlord

What type of tenancy dispute was case 4681389?

The primary dispute was Property damage. Related themes: Cleanliness, Rent arrears.

Where can I read the official tribunal order for case 4681389?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/9835774-Tribunal_Order_Redacted.pdf.

Unit/Flat 608, 4 Dockside Lane, Auckland Central, Auckland Tenancy Tribunal Case 4681389 — Property damage

Claims and awards in Tenancy Tribunal application 4681389 — net $4,582.98 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears	$59.29	Rent arrears
Filing fee reimbursement	$20.44	Filing fee reimbursement
Carpet Cleaning	$300.00	Carpet Cleaning
Repairs: Front door unit	$4,203.25	Repairs: Front door unit
Net award	$4,582.98
Total payable by Tenant to Landlord	$4,582.98

Order

Jennifer Marara Toia Tareha must pay [The landlord/s] $4,582.98 immediately for rent arrears, damage to the fire door, carpet cleaning and reimbursement of the filing fee, as calculated and shown in table below. DescriptionLandlord Rent arrears$59.29 Filing fee reimbursement$20.44 Carpet Cleaning$300.00 Repairs: Front door unit$4,203.25 Total award$4,582.98 Total payable by Tenant to Landlord$4,582.98
I am dismissing the landlord’s claim for a water bill, replacement of the microwave and mirror and bailiff costs.

Reasons

The landlord attended the hearing, the tenant did not attend.
The landlord has applied for rent arrears, compensation, and reimbursement of the filing fee following the end of the tenancy.

How much is owed for rent?

The tenancy ended on 30 June 2023. The landlord provided rent records which prove the amount of $59.29 owing at the end of the tenancy.
I am satisfied that the landlord has proven their claim for rent arrears. Water connection fee
The landlord sought to claim $100.00 for a water connection fee after the end of the tenancy. The tenant is not liable for the cost of the water bills after her tenancy has ended. I am not satisfied that the landlord has been successful in their claim for the water connection invoice.

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. Carpet cleaning
The tenant did not leave the premises reasonably clean and tidy. The landlord is seeking the cost of carpet cleaning and has provided an invoice dated 17 August 2023 from Wow Carpet Cleaning for $300.00.
The landlord has provided the Tribunal with an exit inspection report and photographs which clearly show the carpet was heavily stained and dirty at the end of the tenancy.
I am satisfied that the landlord has proven their claim for carpet cleaning. Microwave and Mirror
At the end of the tenancy the microwave and a mirror were still present in the property.
The landlord advised that the tenant broke back into the property and stayed there for several days before the police removed her from the premises. When the tenant left the second time the microwave and mirror where missing. The assumption being that the tenant has taken these items.
The landlord sought to claim for the missing mirror and microwave however did not have any invoices for the cost of replacing these items.
I cannot award the landlord the cost of the items as they have not been quantified nor is there proof that it was the tenant who took the items.
I am dismissing the landlords claim for the microwave and mirror. Repairs and damages:
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 Residential tenancies Act 1986 (RTA).
Where the damage is caused carelessly and is covered by the landlord’s insurance, the tenant 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 9 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 or 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 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 tenant broke into the property, after she was evicted by the bailiff and resided there for several days until the police intervened.
To gain access to the property the tenant irreparably damaged the front fire door to the unit. The door was so irreparably damaged it must be replaced to comply with the fire safety requirements of the Body Corporation and the building insurance policy.
The fire door has been ordered by the landlord and a temporary fix had to be made to the front fire door while the new replacement door is being made.
The landlord has provided the Tribunal with two separate invoices for the front door. One dated 4 August 2023 for $540.50 from The Maintenance Guys Limited to supply a custom-made steel plate for the damaged door, labour, and travel. The other invoice was dated 12 September 2023 from The Maintenance Guys Limited for $3662.75 to supply and install new fire door, paint the door, labour, travel, and parking.
The landlord provided the Tribunal with photographs of the damaged front door.
I am satisfied that the landlord has proven their claim for the front fire door. Bailiff fee
The Tribunal does not award the cost of bailiff’s fees to parties. Suppression
The landlord seeks suppression of their name and identifying details. As the landlord has been substantially successful in their application, I am granting suppression. Filing fee
Because [The applicant/s] has substantially succeeded with the claim I have reimbursed the filing fee.

Claims and awards in Tenancy Tribunal application 4681389 — net $4,582.98 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears	$59.29	Rent arrears
Filing fee reimbursement	$20.44	Filing fee reimbursement
Carpet Cleaning	$300.00	Carpet Cleaning
Repairs: Front door unit	$4,203.25	Repairs: Front door unit
Net award	$4,582.98
Total payable by Tenant to Landlord	$4,582.98

Order

Jennifer Marara Toia Tareha must pay [The landlord/s] $4,582.98 immediately for rent arrears, damage to the fire door, carpet cleaning and reimbursement of the filing fee, as calculated and shown in table below. DescriptionLandlord Rent arrears$59.29 Filing fee reimbursement$20.44 Carpet Cleaning$300.00 Repairs: Front door unit$4,203.25 Total award$4,582.98 Total payable by Tenant to Landlord$4,582.98
I am dismissing the landlord’s claim for a water bill, replacement of the microwave and mirror and bailiff costs.

Reasons

The landlord attended the hearing, the tenant did not attend.
The landlord has applied for rent arrears, compensation, and reimbursement of the filing fee following the end of the tenancy.

How much is owed for rent?

The tenancy ended on 30 June 2023. The landlord provided rent records which prove the amount of $59.29 owing at the end of the tenancy.
I am satisfied that the landlord has proven their claim for rent arrears. Water connection fee
The landlord sought to claim $100.00 for a water connection fee after the end of the tenancy. The tenant is not liable for the cost of the water bills after her tenancy has ended. I am not satisfied that the landlord has been successful in their claim for the water connection invoice.

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. Carpet cleaning
The tenant did not leave the premises reasonably clean and tidy. The landlord is seeking the cost of carpet cleaning and has provided an invoice dated 17 August 2023 from Wow Carpet Cleaning for $300.00.
The landlord has provided the Tribunal with an exit inspection report and photographs which clearly show the carpet was heavily stained and dirty at the end of the tenancy.
I am satisfied that the landlord has proven their claim for carpet cleaning. Microwave and Mirror
At the end of the tenancy the microwave and a mirror were still present in the property.
The landlord advised that the tenant broke back into the property and stayed there for several days before the police removed her from the premises. When the tenant left the second time the microwave and mirror where missing. The assumption being that the tenant has taken these items.
The landlord sought to claim for the missing mirror and microwave however did not have any invoices for the cost of replacing these items.
I cannot award the landlord the cost of the items as they have not been quantified nor is there proof that it was the tenant who took the items.
I am dismissing the landlords claim for the microwave and mirror. Repairs and damages:
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 Residential tenancies Act 1986 (RTA).
Where the damage is caused carelessly and is covered by the landlord’s insurance, the tenant 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 9 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 or 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 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 tenant broke into the property, after she was evicted by the bailiff and resided there for several days until the police intervened.
To gain access to the property the tenant irreparably damaged the front fire door to the unit. The door was so irreparably damaged it must be replaced to comply with the fire safety requirements of the Body Corporation and the building insurance policy.
The fire door has been ordered by the landlord and a temporary fix had to be made to the front fire door while the new replacement door is being made.
The landlord has provided the Tribunal with two separate invoices for the front door. One dated 4 August 2023 for $540.50 from The Maintenance Guys Limited to supply a custom-made steel plate for the damaged door, labour, and travel. The other invoice was dated 12 September 2023 from The Maintenance Guys Limited for $3662.75 to supply and install new fire door, paint the door, labour, travel, and parking.
The landlord provided the Tribunal with photographs of the damaged front door.
I am satisfied that the landlord has proven their claim for the front fire door. Bailiff fee
The Tribunal does not award the cost of bailiff’s fees to parties. Suppression
The landlord seeks suppression of their name and identifying details. As the landlord has been substantially successful in their application, I am granting suppression. Filing fee
Because [The applicant/s] has substantially succeeded with the claim I have reimbursed the filing fee.

Tenancy Tribunal case 4681389 — Property damage at Unit/Flat 608, 4 Dockside Lane, Auckland Central, Auckland

At a glance

Tenancy Tribunal case 4681389 — Property damage at Unit/Flat 608, 4 Dockside Lane, Auckland Central, Auckland

At a glance

Award balance

Claims & awards

Order

Reasons

How much is owed for rent?

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

Topics & place

Residential Tenancies Act sections

Key findings

Frequently asked questions

Award balance

Claims & awards

Order

Reasons

How much is owed for rent?

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

Topics & place

Residential Tenancies Act sections

Key findings

Frequently asked questions