What was the outcome of Tenancy Tribunal case 4700631?

The tribunal order states: Shona Mere Paea Thompson must pay Pinnacle Real Estate Rentals Limited -

How much money was awarded in case 4700631?

Filing Fee: $20.44 awarded to landlord; Property Damage: $410.55 awarded to landlord; Property Damage: $287.05 awarded to landlord; Remainder Of Maintenance Costs: $370.70 awarded to landlord; Replace furnishings: Kitchen applian…: $1,565.61 awarded to landlord; Water Rates: $470.84 awarded to landlord

What type of tenancy dispute was case 4700631?

The primary dispute was Property damage.

Where can I read the official tribunal order for case 4700631?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/10198147-Tenancy_Tribunal_Order.pdf.

What was the outcome of Tenancy Tribunal case 4700631?

The tribunal order states: Shona Mere Paea Thompson must pay Pinnacle Real Estate Rentals Limited -

How much money was awarded in case 4700631?

Filing Fee: $20.44 awarded to landlord; Property Damage: $410.55 awarded to landlord; Property Damage: $287.05 awarded to landlord; Remainder Of Maintenance Costs: $370.70 awarded to landlord; Replace furnishings: Kitchen applian…: $1,565.61 awarded to landlord; Water Rates: $470.84 awarded to landlord

What type of tenancy dispute was case 4700631?

The primary dispute was Property damage.

Where can I read the official tribunal order for case 4700631?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/10198147-Tenancy_Tribunal_Order.pdf.

49 Milson Drive, Papakura, Papakura 2110 Tenancy Tribunal Case 4700631 — Property damage

Order

Claims and awards in Tenancy Tribunal application 4700631 — net $3,125.19 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Water rates	$470.84	Water rates
Window repairs	$410.55	Window repairs
Replace furnishings: Kitchen appliances	$1,565.61	Replace furnishings: Kitchen appliances
remainder of maintenance costs	$370.70	remainder of maintenance costs
Lock/key replacement	$287.05	Lock/key replacement
Filing fee reimbursement	$20.44	Filing fee reimbursement
Net award	$3,125.19
Total payable by Tenant to Landlord	$3,125.19

Shona Mere Paea Thompson must pay Pinnacle Real Estate Rentals Limited - As Agent for Akub Ali $3,125.19 immediately, calculated as shown in table below. DescriptionLandlord Water rates$470.84 Window repairs$410.55 Replace furnishings: Kitchen appliances$1,565.61 remainder of maintenance costs$370.70 Lock/key replacement$287.05 Filing fee reimbursement$20.44 Total award$3,125.19 Total payable by Tenant to Landlord$3,125.19

Reasons

The landlord attended the hearing, the tenant did not attend.

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

How much is owed for water rates?

The tenancy ended on 2 October 2023. The landlord provided water rates invoices which prove the amount of $470.84 owing at the end of the tenancy.

I am satisfied that the landlord has proven their claim for the water bills.

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 tenant did not return the keys.

The landlord provided a pre let inspection and an exit inspection report and photographs. In additional the landlord provided invoices for work needed to be done to the property after the end of the tenancy.

The bond of $2240.00 has been taken with the consent of the tenant to cover some of the costs associated with the termination of the tenancy. The bond money covered the $1210.00 for cleaning and carpet cleaning and $1030.00 towards damages caused by the tenant.

The remaining vacated costs are: -$410.55 for glass repairs in the conservatory -$1565.61 for kitchen applications destroyed by the tenant. -$370.70 for the remaining costs associated with the painting the lounge and hallway, plastering and painting in rooms, replacing kitchen sink strainer, refixing bathroom drawer, reinstalling a towel rail removed by the tenant, replacing the missing shower head and hose. The total cost was $1400.70, and the bond covered $1030.00 of the invoice, leaving $370.70 remaining. -$287.05 for the cost of replacing the broken security key.

The exit report and photographs show that the property had been left dirty and damaged.

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 walls and door in bedroom 3 and significant chips in paintwork -Blinds broken in bedroom 2. -Bathroom drawer smashed. -Towel rail in bathroom removed off the wall. -Shower rose and hose missing from bathroom. -Window broken in conservatory. -Broken cooktop and oven

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

I am satisfied that the landlord has proven their claim for the vacated costs as set out above.

The amounts ordered are proved.

Because Pinnacle Real Estate Rentals Limited - As Agent for Akub Ali has wholly succeeded with the claim I must reimburse the filing fee.

Claims and awards in Tenancy Tribunal application 4700631 — net $3,125.19 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Water rates	$470.84	Water rates
Window repairs	$410.55	Window repairs
Replace furnishings: Kitchen appliances	$1,565.61	Replace furnishings: Kitchen appliances
remainder of maintenance costs	$370.70	remainder of maintenance costs
Lock/key replacement	$287.05	Lock/key replacement
Filing fee reimbursement	$20.44	Filing fee reimbursement
Net award	$3,125.19
Total payable by Tenant to Landlord	$3,125.19

Order

Shona Mere Paea Thompson must pay Pinnacle Real Estate Rentals Limited - As Agent for Akub Ali $3,125.19 immediately, calculated as shown in table below. DescriptionLandlord Water rates$470.84 Window repairs$410.55 Replace furnishings: Kitchen appliances$1,565.61 remainder of maintenance costs$370.70 Lock/key replacement$287.05 Filing fee reimbursement$20.44 Total award$3,125.19 Total payable by Tenant to Landlord$3,125.19

Reasons

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

How much is owed for water rates?

The tenancy ended on 2 October 2023. The landlord provided water rates invoices which prove the amount of $470.84 owing at the end of the tenancy.
I am satisfied that the landlord has proven their claim for the water bills.

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 tenant did not return the keys.
The landlord provided a pre let inspection and an exit inspection report and photographs. In additional the landlord provided invoices for work needed to be done to the property after the end of the tenancy.
The bond of $2240.00 has been taken with the consent of the tenant to cover some of the costs associated with the termination of the tenancy. The bond money covered the $1210.00 for cleaning and carpet cleaning and $1030.00 towards damages caused by the tenant.
The remaining vacated costs are: -$410.55 for glass repairs in the conservatory -$1565.61 for kitchen applications destroyed by the tenant. -$370.70 for the remaining costs associated with the painting the lounge and hallway, plastering and painting in rooms, replacing kitchen sink strainer, refixing bathroom drawer, reinstalling a towel rail removed by the tenant, replacing the missing shower head and hose. The total cost was $1400.70, and the bond covered $1030.00 of the invoice, leaving $370.70 remaining. -$287.05 for the cost of replacing the broken security key.
The exit report and photographs show that the property had been left dirty and damaged.

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 walls and door in bedroom 3 and significant chips in paintwork -Blinds broken in bedroom 2. -Bathroom drawer smashed. -Towel rail in bathroom removed off the wall. -Shower rose and hose missing from bathroom. -Window broken in conservatory. -Broken cooktop and oven
The damage is more than fair wear and tear, and the tenant has not disproved liability for the damage.
I am satisfied that the landlord has proven their claim for the vacated costs as set out above.
The amounts ordered are proved.
Because Pinnacle Real Estate Rentals Limited - As Agent for Akub Ali has wholly succeeded with the claim I must reimburse the filing fee.

Tenancy Tribunal case 4700631 — Property damage at 49 Milson Drive, Papakura, Papakura 2110

At a glance

Tenancy Tribunal case 4700631 — Property damage at 49 Milson Drive, Papakura, Papakura 2110

At a glance

Award balance

Claims & awards

Order

Reasons

How much is owed for 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

Property management

Frequently asked questions

Award balance

Claims & awards

Order

Reasons

How much is owed for 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

Property management

Frequently asked questions