How much money was awarded in case 4690481?

Blades To Cut Metal Left Behind: $17.99 awarded to landlord; Cleaning: $39.22 awarded to landlord; Cleaning: $1,500.00 awarded to landlord; Eviction Fee: $200.00 awarded to landlord; Filing Fee: $20.44 awarded to landlord; Hire Van To Transport Doors: $40.73 awarded to landlord; Previous Order Application 4605369 (…: $968.93 awarded to landlord; Property Damage: $608.00 awarded to landlord; Rent Arrears: $2,000.00 awarded to landlord; (Installation Of 4 Doors: $1,500.00 awarded to landlord; (Paint 4 Doors: $1,000.00 awarded to landlord; (Purchase 2 Bedroom Sliding Doors: $123.00 awarded to landlord; (Reglaze Master Bedroom Window: $290.00 awarded to landlord; (Replace Toilet Cistern In On Suite: $331.32 awarded to landlord; Replace 2 Doors: $184.50 awarded to landlord; Rubbish Bags: $9.98 awarded to landlord; Rubbish Removal: $878.00 awarded to landlord; Rubbish Removal: $30.00 awarded to landlord; Water Rates: $89.90 awarded to landlord

What type of tenancy dispute was case 4690481?

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

Where can I read the official tribunal order for case 4690481?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/10035116-Tribunal_Order_Redacted.pdf.

How much money was awarded in case 4690481?

Blades To Cut Metal Left Behind: $17.99 awarded to landlord; Cleaning: $39.22 awarded to landlord; Cleaning: $1,500.00 awarded to landlord; Eviction Fee: $200.00 awarded to landlord; Filing Fee: $20.44 awarded to landlord; Hire Van To Transport Doors: $40.73 awarded to landlord; Previous Order Application 4605369 (…: $968.93 awarded to landlord; Property Damage: $608.00 awarded to landlord; Rent Arrears: $2,000.00 awarded to landlord; (Installation Of 4 Doors: $1,500.00 awarded to landlord; (Paint 4 Doors: $1,000.00 awarded to landlord; (Purchase 2 Bedroom Sliding Doors: $123.00 awarded to landlord; (Reglaze Master Bedroom Window: $290.00 awarded to landlord; (Replace Toilet Cistern In On Suite: $331.32 awarded to landlord; Replace 2 Doors: $184.50 awarded to landlord; Rubbish Bags: $9.98 awarded to landlord; Rubbish Removal: $878.00 awarded to landlord; Rubbish Removal: $30.00 awarded to landlord; Water Rates: $89.90 awarded to landlord

What type of tenancy dispute was case 4690481?

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

Where can I read the official tribunal order for case 4690481?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/10035116-Tribunal_Order_Redacted.pdf.

New Zealand Tenancy Tribunal Case 4690481 — Property damage

Q: What was Tenancy Tribunal case 4690481 about?

The tribunal order states: An application for suppression has been made in this case, and the Tribunal

Claims and awards in Tenancy Tribunal application 4690481 — net $9,832.01 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears (to 17/08/2023	$2,000.00	Rent arrears (to 17/08/2023
Previous order application 4605369 (dated 28/07/2023	$968.93	Previous order application 4605369 (dated 28/07/2023
Water rates (to 17/08/2023	$89.90	Water rates (to 17/08/2023
Rubbish bags	$9.98	Rubbish bags
Blades to cut metal left behind	$17.99	Blades to cut metal left behind
Cleaning products	$39.22	Cleaning products
Repairs: Replace 2 doors	$184.50	Repairs: Replace 2 doors
Hire van to transport doors	$40.73	Hire van to transport doors
Repairs: (Purchase 2 bedroom sliding doors	$123.00	Repairs: (Purchase 2 bedroom sliding doors
Repairs: (Installation of 4 doors	$1,500.00	Repairs: (Installation of 4 doors
Repairs: (Paint 4 doors	$1,000.00	Repairs: (Paint 4 doors
Lock/key replacement	$608.00	Lock/key replacement
Repairs: (Replace toilet cistern in on suite	$331.32	Repairs: (Replace toilet cistern in on suite
Repairs: (reglaze master bedroom window	$290.00	Repairs: (reglaze master bedroom window
Rubbish removal: (2x waste management skip bins	$878.00	Rubbish removal: (2x waste management skip bins
Rubbish removal: (scrap metal removal	$30.00	Rubbish removal: (scrap metal removal
Cleaning	$1,500.00	Cleaning
Eviction fee	$200.00	Eviction fee
Filing fee reimbursement	$20.44	Filing fee reimbursement
Net award	$9,832.01
Total payable by Tenant to Landlord	$9,832.01

Claims and awards in Tenancy Tribunal application 4690481 — net $9,832.01 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.

Claim

Landlord

Tenant

Reason

Rent arrears (to 17/08/2023

$2,000.00

Rent arrears (to 17/08/2023

Previous order application 4605369 (dated 28/07/2023

$968.93

Previous order application 4605369 (dated 28/07/2023

Water rates (to 17/08/2023

$89.90

Water rates (to 17/08/2023

Rubbish bags

$9.98

Rubbish bags

Blades to cut metal left behind

$17.99

Blades to cut metal left behind

Cleaning products

$39.22

Cleaning products

Repairs: Replace 2 doors

$184.50

Repairs: Replace 2 doors

Hire van to transport doors

$40.73

Hire van to transport doors

Repairs: (Purchase 2 bedroom sliding doors

$123.00

Repairs: (Purchase 2 bedroom sliding doors

Repairs: (Installation of 4 doors

$1,500.00

Repairs: (Installation of 4 doors

Repairs: (Paint 4 doors

$1,000.00

Repairs: (Paint 4 doors

Lock/key replacement

$608.00

Lock/key replacement

Repairs: (Replace toilet cistern in on suite

$331.32

Repairs: (Replace toilet cistern in on suite

Repairs: (reglaze master bedroom window

$290.00

Repairs: (reglaze master bedroom window

Rubbish removal: (2x waste management skip bins

$878.00

Rubbish removal: (2x waste management skip bins

Rubbish removal: (scrap metal removal

$30.00

Rubbish removal: (scrap metal removal

Cleaning

$1,500.00

Cleaning

Eviction fee

$200.00

Eviction fee

Filing fee reimbursement

$20.44

Filing fee reimbursement

Net award

$9,832.01

Total payable by Tenant to Landlord

$9,832.01

Order

An application for suppression has been made in this case, and the Tribunal orders suppression of the Landlord’s name and identifying details.

This order incorporates the Tribunal order made on 28 July 2023 under application 4605369.

Matangaro Matene Van Eijk must pay the landlord $9,832.01 immediately, calculated as shown in table below.

Reasons

Both parties attended the hearing.

On 28 July 2023 the Tribunal made an order relating to this tenancy, for rent arrears of 3,200.00, water rates of $388.49, refund of the bond and the filing fee of $20.44. The previous order is incorporated into this order for enforcement purposes. The amount still owing from this order is $968.93.

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 and water rates?

The tenancy ended on 17 August 2023. The landlord provided rent records and water rates invoices which prove the amount owing at 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. 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 locks needed to be changed as the tenant was evicted for being more than 21 days in rent arrears in the previous order from application 4605369.

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: a. 4 doors were damaged and needed replacement and painting; b. The toilet cistern in the on suite of the master room was ripped from the wall and the lid was missing; and c. The master bedroom window was broken and in need of replacing.

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 considered 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 considered the age and condition of the items at the start of the tenancy and their likely useful lifespan. Reimbursement of filing fee

Because the landlord has wholly succeeded with the claim I must reimburse the filing fee.

Claims and awards in Tenancy Tribunal application 4690481 — net $9,832.01 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears (to 17/08/2023	$2,000.00	Rent arrears (to 17/08/2023
Previous order application 4605369 (dated 28/07/2023	$968.93	Previous order application 4605369 (dated 28/07/2023
Water rates (to 17/08/2023	$89.90	Water rates (to 17/08/2023
Rubbish bags	$9.98	Rubbish bags
Blades to cut metal left behind	$17.99	Blades to cut metal left behind
Cleaning products	$39.22	Cleaning products
Repairs: Replace 2 doors	$184.50	Repairs: Replace 2 doors
Hire van to transport doors	$40.73	Hire van to transport doors
Repairs: (Purchase 2 bedroom sliding doors	$123.00	Repairs: (Purchase 2 bedroom sliding doors
Repairs: (Installation of 4 doors	$1,500.00	Repairs: (Installation of 4 doors
Repairs: (Paint 4 doors	$1,000.00	Repairs: (Paint 4 doors
Lock/key replacement	$608.00	Lock/key replacement
Repairs: (Replace toilet cistern in on suite	$331.32	Repairs: (Replace toilet cistern in on suite
Repairs: (reglaze master bedroom window	$290.00	Repairs: (reglaze master bedroom window
Rubbish removal: (2x waste management skip bins	$878.00	Rubbish removal: (2x waste management skip bins
Rubbish removal: (scrap metal removal	$30.00	Rubbish removal: (scrap metal removal
Cleaning	$1,500.00	Cleaning
Eviction fee	$200.00	Eviction fee
Filing fee reimbursement	$20.44	Filing fee reimbursement
Net award	$9,832.01
Total payable by Tenant to Landlord	$9,832.01

Claims and awards in Tenancy Tribunal application 4690481 — net $9,832.01 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.

Claim

Landlord

Tenant

Reason

Rent arrears (to 17/08/2023

$2,000.00

Rent arrears (to 17/08/2023

Previous order application 4605369 (dated 28/07/2023

$968.93

Previous order application 4605369 (dated 28/07/2023

Water rates (to 17/08/2023

$89.90

Water rates (to 17/08/2023

Rubbish bags

$9.98

Rubbish bags

Blades to cut metal left behind

$17.99

Blades to cut metal left behind

Cleaning products

$39.22

Cleaning products

Repairs: Replace 2 doors

$184.50

Repairs: Replace 2 doors

Hire van to transport doors

$40.73

Hire van to transport doors

Repairs: (Purchase 2 bedroom sliding doors

$123.00

Repairs: (Purchase 2 bedroom sliding doors

Repairs: (Installation of 4 doors

$1,500.00

Repairs: (Installation of 4 doors

Repairs: (Paint 4 doors

$1,000.00

Repairs: (Paint 4 doors

Lock/key replacement

$608.00

Lock/key replacement

Repairs: (Replace toilet cistern in on suite

$331.32

Repairs: (Replace toilet cistern in on suite

Repairs: (reglaze master bedroom window

$290.00

Repairs: (reglaze master bedroom window

Rubbish removal: (2x waste management skip bins

$878.00

Rubbish removal: (2x waste management skip bins

Rubbish removal: (scrap metal removal

$30.00

Rubbish removal: (scrap metal removal

Cleaning

$1,500.00

Cleaning

Eviction fee

$200.00

Eviction fee

Filing fee reimbursement

$20.44

Filing fee reimbursement

Net award

$9,832.01

Total payable by Tenant to Landlord

$9,832.01

Order

An application for suppression has been made in this case, and the Tribunal orders suppression of the Landlord’s name and identifying details.
This order incorporates the Tribunal order made on 28 July 2023 under application 4605369.
Matangaro Matene Van Eijk must pay the landlord $9,832.01 immediately, calculated as shown in table below.

Reasons

Both parties attended the hearing.
On 28 July 2023 the Tribunal made an order relating to this tenancy, for rent arrears of 3,200.00, water rates of $388.49, refund of the bond and the filing fee of $20.44. The previous order is incorporated into this order for enforcement purposes. The amount still owing from this order is $968.93.
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 and water rates?

The tenancy ended on 17 August 2023. The landlord provided rent records and water rates invoices which prove the amount owing at 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. 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 locks needed to be changed as the tenant was evicted for being more than 21 days in rent arrears in the previous order from application 4605369.
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: a. 4 doors were damaged and needed replacement and painting; b. The toilet cistern in the on suite of the master room was ripped from the wall and the lid was missing; and c. The master bedroom window was broken and in need of replacing.
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 considered 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 considered the age and condition of the items at the start of the tenancy and their likely useful lifespan. Reimbursement of filing fee
Because the landlord has wholly succeeded with the claim I must reimburse the filing fee.

Tenancy Tribunal case 4690481 — Property damage

At a glance

Tenancy Tribunal case 4690481 — Property damage

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

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

Frequently asked questions