What was Tenancy Tribunal case 4694469 about?

The tribunal order states: Alexandra Pearl Harvey O'brien must pay [The landlord/s] $6,607.87

How much money was awarded in case 4694469?

Cleaning: $575.00 awarded to landlord; Filing Fee: $20.44 awarded to landlord; Lawns and Garden Work: $100.00 awarded to landlord; Lost Rent: $1,800.00 awarded to landlord; Rent Arrears: $1,028.57 awarded to landlord; Property Damage: $2,100.00 awarded to landlord; Rubbish Removal: $983.86 awarded to landlord

What type of tenancy dispute was case 4694469?

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

Where can I read the official tribunal order for case 4694469?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/10240027-Tribunal_Order_Redacted.pdf.

What was Tenancy Tribunal case 4694469 about?

The tribunal order states: Alexandra Pearl Harvey O'brien must pay [The landlord/s] $6,607.87

How much money was awarded in case 4694469?

Cleaning: $575.00 awarded to landlord; Filing Fee: $20.44 awarded to landlord; Lawns and Garden Work: $100.00 awarded to landlord; Lost Rent: $1,800.00 awarded to landlord; Rent Arrears: $1,028.57 awarded to landlord; Property Damage: $2,100.00 awarded to landlord; Rubbish Removal: $983.86 awarded to landlord

What type of tenancy dispute was case 4694469?

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

Where can I read the official tribunal order for case 4694469?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/10240027-Tribunal_Order_Redacted.pdf.

Unit/Flat 4, 41 Miro Street, New Lynn, Auckland 0600 Tenancy Tribunal Case 4694469 — Property damage

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Unit/Flat 4, 41 Miro Street, New Lynn, Auckland 0600 Tenancy Tribunal Case 4694469 — 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 4694469 — net $6,607.87 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears to 25 July 2023	$1,028.57	Rent arrears to 25 July 2023
Cleaning	$575.00	Cleaning
Rubbish removal	$983.86	Rubbish removal
Lawns and Garden work	$100.00	Lawns and Garden work
Repairs: Carpet replacement	$2,100.00	Repairs: Carpet replacement
Lost rent for repairs	$1,800.00	Lost rent for repairs
Filing fee reimbursement	$20.44	Filing fee reimbursement
Net award	$6,607.87
Total payable by Tenant to Landlord	$6,607.87

Claims and awards for application 4694469 — net $6,607.87 NZD. Verify on MoJ.

Rent arrears to 25 July 2023

Amount: $1,028.57
Awarded to: Landlord
Reason: Rent arrears to 25 July 2023

Cleaning

Amount: $575.00
Awarded to: Landlord
Reason: Cleaning

Rubbish removal

Amount: $983.86
Awarded to: Landlord
Reason: Rubbish removal

Lawns and Garden work

Amount: $100.00
Awarded to: Landlord
Reason: Lawns and Garden work

Repairs: Carpet replacement

Amount: $2,100.00
Awarded to: Landlord
Reason: Repairs: Carpet replacement

Claim types — money lines allowed on this order

Cleanliness Filing Fee Lawns And Garden Work Lost Rent Rent arrears Property damage Rubbish Removal

Order

Alexandra Pearl Harvey O'brien must pay [The landlord/s] $6,607.87 immediately, calculated as shown in table below.

Reasons

The landlord attended the hearing. The tenant did not attend the hearing.
The landlord has applied for rent arrears, compensation, and reimbursement of the filing fee following the end of the tenancy.
The Tribunal had granted the landlord an order for termination on 11 July 2023. The termination was to take effect from 13 July 2023. The landlord sought the assistance of the bailiff to evict the tenant on 25 July 2023.

How much is owed for rent?

The tenancy ended on 13 July 2023, but the tenant did not leave until 25 July 2023. The landlord is awarded rent arrears from 14 July 2023 until 25 July 2023. I note that in the previous order (4580531) the Tribunal had awarded rent arrears to 13 July 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 did not leave the premises reasonably clean and tidy, and did not remove all rubbish.
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: carpet stains and damage. The damage is more than fair wear and tear, and the tenant has not disproved liability for the damage.
The amounts ordered are proved.
The landlord sought compensation for rent lost when he had to carry out remediation to the premises. I have awarded the landlord half of the amount claimed being three weeks rent.
Because [The applicant/s] has substantially succeeded with the claim I have reimbursed the filing fee. For the same reason I suppress the landlord name from this order.

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 4694469 — net $6,607.87 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears to 25 July 2023	$1,028.57	Rent arrears to 25 July 2023
Cleaning	$575.00	Cleaning
Rubbish removal	$983.86	Rubbish removal
Lawns and Garden work	$100.00	Lawns and Garden work
Repairs: Carpet replacement	$2,100.00	Repairs: Carpet replacement
Lost rent for repairs	$1,800.00	Lost rent for repairs
Filing fee reimbursement	$20.44	Filing fee reimbursement
Net award	$6,607.87
Total payable by Tenant to Landlord	$6,607.87

Claims and awards for application 4694469 — net $6,607.87 NZD. Verify on MoJ.

Rent arrears to 25 July 2023

Amount: $1,028.57
Awarded to: Landlord
Reason: Rent arrears to 25 July 2023

Cleaning

Amount: $575.00
Awarded to: Landlord
Reason: Cleaning

Rubbish removal

Amount: $983.86
Awarded to: Landlord
Reason: Rubbish removal

Lawns and Garden work

Amount: $100.00
Awarded to: Landlord
Reason: Lawns and Garden work

Repairs: Carpet replacement

Amount: $2,100.00
Awarded to: Landlord
Reason: Repairs: Carpet replacement

Claim types — money lines allowed on this order

Cleanliness Filing Fee Lawns And Garden Work Lost Rent Rent arrears Property damage Rubbish Removal

Order

Alexandra Pearl Harvey O'brien must pay [The landlord/s] $6,607.87 immediately, calculated as shown in table below.

Reasons

The landlord attended the hearing. The tenant did not attend the hearing.
The landlord has applied for rent arrears, compensation, and reimbursement of the filing fee following the end of the tenancy.
The Tribunal had granted the landlord an order for termination on 11 July 2023. The termination was to take effect from 13 July 2023. The landlord sought the assistance of the bailiff to evict the tenant on 25 July 2023.

How much is owed for rent?

The tenancy ended on 13 July 2023, but the tenant did not leave until 25 July 2023. The landlord is awarded rent arrears from 14 July 2023 until 25 July 2023. I note that in the previous order (4580531) the Tribunal had awarded rent arrears to 13 July 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 did not leave the premises reasonably clean and tidy, and did not remove all rubbish.
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: carpet stains and damage. The damage is more than fair wear and tear, and the tenant has not disproved liability for the damage.
The amounts ordered are proved.
The landlord sought compensation for rent lost when he had to carry out remediation to the premises. I have awarded the landlord half of the amount claimed being three weeks rent.
Because [The applicant/s] has substantially succeeded with the claim I have reimbursed the filing fee. For the same reason I suppress the landlord name from this order.

Tenancy Tribunal case 4694469 — Property damage at Unit/Flat 4, 41 Miro Street, New Lynn, Auckland 0600

At a glance

Tenancy Tribunal case 4694469 — Property damage at Unit/Flat 4, 41 Miro Street, New Lynn, Auckland 0600

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?

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?

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