What was Tenancy Tribunal case 4701993 about?

The tribunal order states: Moeroa Piriau Junior must pay [The landlord/s] $6,573.62 immediately,

How much money was awarded in case 4701993?

Body Corp Fees: $253.00 awarded to landlord; Rubbish Removal: $450.00 awarded to landlord; Cleaning: $80.00 awarded to landlord; Filing Fee: $20.44 awarded to landlord; Filing Fee: $20.44 awarded to landlord; Property Damage: $8.00 awarded to landlord; Property Damage: $57.50 awarded to landlord; Property Damage: $120.00 awarded to landlord; Rent Arrears: $2,270.00 awarded to landlord; Property Damage: $207.00 awarded to landlord; Property Damage: $1,380.00 awarded to landlord; Kitchen Cabinets: $500.25 awarded to landlord; Main Fire Door: $2,907.00 awarded to landlord; Replace furnishings: Blinds in bedro…: $300.00 awarded to landlord; Unblock Drains: $80.00 awarded to landlord

What type of tenancy dispute was case 4701993?

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

Where can I read the official tribunal order for case 4701993?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/10000071-Tribunal_Order_Redacted.pdf.

What was Tenancy Tribunal case 4701993 about?

The tribunal order states: Moeroa Piriau Junior must pay [The landlord/s] $6,573.62 immediately,

How much money was awarded in case 4701993?

Body Corp Fees: $253.00 awarded to landlord; Rubbish Removal: $450.00 awarded to landlord; Cleaning: $80.00 awarded to landlord; Filing Fee: $20.44 awarded to landlord; Filing Fee: $20.44 awarded to landlord; Property Damage: $8.00 awarded to landlord; Property Damage: $57.50 awarded to landlord; Property Damage: $120.00 awarded to landlord; Rent Arrears: $2,270.00 awarded to landlord; Property Damage: $207.00 awarded to landlord; Property Damage: $1,380.00 awarded to landlord; Kitchen Cabinets: $500.25 awarded to landlord; Main Fire Door: $2,907.00 awarded to landlord; Replace furnishings: Blinds in bedro…: $300.00 awarded to landlord; Unblock Drains: $80.00 awarded to landlord

What type of tenancy dispute was case 4701993?

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

Where can I read the official tribunal order for case 4701993?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/10000071-Tribunal_Order_Redacted.pdf.

Unit/Flat 10L, 76 Albert Street, Auckland Central, Auckland Tenancy Tribunal Case 4701993 — Property damage

Order

Claims and awards in Tenancy Tribunal application 4701993 — net $6,573.62 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears	$2,270.00	4. The amount claimed in rent arrears is proven.
Filing fee reimbursement: Hearing	$20.44	Hearing
Filing fee reimbursement: Mediation	$20.44	Mediation
Cleaning: and rubbish removal	$450.00	Cleaning: and rubbish removal
Cleaning: mattress	$80.00	Cleaning: mattress
Repairs: Damage to walls throughout property	$1,380.00	Repairs: Damage to walls throughout property
Replace furnishings: Blinds in bedroom	$300.00	Replace furnishings: Blinds in bedroom
Body Corp fees	$253.00	Body Corp fees
Unblock drains	$80.00	Unblock drains
Repairs: Bedroom door replacement	$207.00	Repairs: Bedroom door replacement
Repairs: Kitchen cabinets	$500.25	Repairs: Kitchen cabinets
Repairs: Main fire door	$2,907.00	Repairs: Main fire door
Lock/key replacement: main door lock	$57.50	Lock/key replacement: main door lock
Lock/key replacement: replacement door tags	$120.00	Lock/key replacement: replacement door tags
Lock/key replacement: letter box key	$8.00	Lock/key replacement: letter box key
Net award	$6,573.62
Total payable by Tenant to Landlord	$6,573.62

Moeroa Piriau Junior must pay [The landlord/s] $6,573.62 immediately, calculated as shown in table below. DescriptionLandlord Rent arrears$2,270.00 Filing fee reimbursement: Hearing$20.44 Filing fee reimbursement: Mediation$20.44 Cleaning: and rubbish removal$450.00 Cleaning: mattress$80.00 Repairs: Damage to walls throughout property$1,380.00 Replace furnishings: Blinds in bedroom$300.00 Body Corp fees$253.00 Unblock drains$80.00 Repairs: Bedroom door replacement$207.00 Repairs: Kitchen cabinets$500.25 Repairs: Main fire door$2,907.00 Lock/key replacement: main door lock$57.50 Lock/key replacement: replacement door tags$120.00 Lock/key replacement: letter box key$8.00 Total award$8,653.62 Minus Bond$2,080.00 Total payable by Tenant to Landlord$6,573.62

The Bond Centre is to pay the bond of $2,080.00 ([Bond number suppressed]) to [The landlord/s] immediately.

I am dismissing the landlord’s claim for exemplary damages.

Reasons

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

The landlord has applied for rent arrears, compensation, refund of the bond, and reimbursement of the filing fee following the end of the tenancy.

How much is owed for rent?

The tenancy ended on 7 September 2023. The landlord provided rent records which prove the amount of $2270.00 owing at the end of the tenancy.

The amount claimed in rent arrears is proven.

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. Cleaning/rubbish removal/mattress cleaning/key replacement/blind replacement:

The landlord has provided photos of the property before it was let to the tenant and at the end of the tenancy. The exit photos show rubbish left throughout the property, a heavily stained and dirty carpet and the property was unclean.

The landlord has provided the Tribunal with an invoice for $450.00 for the cost of cleaning and removing the rubbish.

The mattress on the bed was heavily stained. The landlord provided pre let photos of the mattress and the exit photos. The landlord also provided the Tribunal with an invoice for $80.00 to steam clean the mattress.

I am satisfied that the landlord has proven her claims for cleaning and rubbish removal.

The tenant did not return the keys. The landlord has had to replace 2 access tags, a letterbox key, and a lock to the main unit door.

The landlord provided invoices for the cost of the replacement keys and tags.

The following chattels were missing at the end of the tenancy: blinds in the bedroom. The landlord provided pre let photos which show a blind in the bedroom. At the termination of the tenancy the blind was missing. The landlord has provided the Tribunal with an invoice for $300.00 for the replacement of the blind.

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: extensive damage to the walls throughout the apartment, broken main fire door to the unit, broken bedroom door and missing kitchen cabinet door. The damage is more than fair wear and tear, and the tenant has not disproved liability for the damage.

The landlord has provided photos of the damage and invoices for the cost of the repairs.

The amounts ordered are proved. Exemplary damages:

The landlord sought to claim exemplary damages because of the trouble and bad behaviour the tenant caused during the tenancy to other tenants and the management of the building.

I am unable to award exemplary damages for this type of claim, therefore I am dismissing this claim. Unblocking drain:

The landlord has provided photos of the dismantled drain under the sink. The photos show a mass of hair and a candle stick clogging the drain.

The landlord has provided an invoice for the cost of unblocking the drain.

I am satisfied that the landlord has proven their claim for the cost of unblocking the drain. Body Corp fees:

The landlord has provided numerous letters and emails between the Body Corp, the landlord and the tenant regarding anti-social behaviour of the tenant and/or her friends that she has allowed into her apartment. These reports are of fighting, throwing furniture off the balcony, excessive noise, spilling drinks in the lift and common areas, police call outs and stealing packages from the entrance foyer.

A consequence of these reports of bad behaviour is that the landlord has been fined by the Body Corp for the actions of the tenant. The landlord is seeking to claim the cost of $250.00 for a fine imposed by the Body Corp. The Tribunal has been provided with a copy of the Body Corp letters to the tenant regarding the complaints and the cost of the fine to the landlord.

Given the number of complaints and the involvement of the Body Corp and apartment management, I am satisfied that the landlord has proven their claim for the fine. Suppression:

The landlord has been largely successful in her application therefore I am granting suppression of the landlord’s name and details. Bond refund:

The bond is to be refunded to the landlord to offset the debt owed by the tenant to the landlord. Filing fee:

Because [The landlord/s] has substantially succeeded with the claim I have reimbursed the filing fee.

Claims and awards in Tenancy Tribunal application 4701993 — net $6,573.62 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears	$2,270.00	4. The amount claimed in rent arrears is proven.
Filing fee reimbursement: Hearing	$20.44	Hearing
Filing fee reimbursement: Mediation	$20.44	Mediation
Cleaning: and rubbish removal	$450.00	Cleaning: and rubbish removal
Cleaning: mattress	$80.00	Cleaning: mattress
Repairs: Damage to walls throughout property	$1,380.00	Repairs: Damage to walls throughout property
Replace furnishings: Blinds in bedroom	$300.00	Replace furnishings: Blinds in bedroom
Body Corp fees	$253.00	Body Corp fees
Unblock drains	$80.00	Unblock drains
Repairs: Bedroom door replacement	$207.00	Repairs: Bedroom door replacement
Repairs: Kitchen cabinets	$500.25	Repairs: Kitchen cabinets
Repairs: Main fire door	$2,907.00	Repairs: Main fire door
Lock/key replacement: main door lock	$57.50	Lock/key replacement: main door lock
Lock/key replacement: replacement door tags	$120.00	Lock/key replacement: replacement door tags
Lock/key replacement: letter box key	$8.00	Lock/key replacement: letter box key
Net award	$6,573.62
Total payable by Tenant to Landlord	$6,573.62

Order

Moeroa Piriau Junior must pay [The landlord/s] $6,573.62 immediately, calculated as shown in table below. DescriptionLandlord Rent arrears$2,270.00 Filing fee reimbursement: Hearing$20.44 Filing fee reimbursement: Mediation$20.44 Cleaning: and rubbish removal$450.00 Cleaning: mattress$80.00 Repairs: Damage to walls throughout property$1,380.00 Replace furnishings: Blinds in bedroom$300.00 Body Corp fees$253.00 Unblock drains$80.00 Repairs: Bedroom door replacement$207.00 Repairs: Kitchen cabinets$500.25 Repairs: Main fire door$2,907.00 Lock/key replacement: main door lock$57.50 Lock/key replacement: replacement door tags$120.00 Lock/key replacement: letter box key$8.00 Total award$8,653.62 Minus Bond$2,080.00 Total payable by Tenant to Landlord$6,573.62
The Bond Centre is to pay the bond of $2,080.00 ([Bond number suppressed]) to [The landlord/s] immediately.
I am dismissing the landlord’s claim for exemplary damages.

Reasons

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

How much is owed for rent?

The tenancy ended on 7 September 2023. The landlord provided rent records which prove the amount of $2270.00 owing at the end of the tenancy.
The amount claimed in rent arrears is proven.

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. Cleaning/rubbish removal/mattress cleaning/key replacement/blind replacement:
The landlord has provided photos of the property before it was let to the tenant and at the end of the tenancy. The exit photos show rubbish left throughout the property, a heavily stained and dirty carpet and the property was unclean.
The landlord has provided the Tribunal with an invoice for $450.00 for the cost of cleaning and removing the rubbish.
The mattress on the bed was heavily stained. The landlord provided pre let photos of the mattress and the exit photos. The landlord also provided the Tribunal with an invoice for $80.00 to steam clean the mattress.
I am satisfied that the landlord has proven her claims for cleaning and rubbish removal.
The tenant did not return the keys. The landlord has had to replace 2 access tags, a letterbox key, and a lock to the main unit door.
The landlord provided invoices for the cost of the replacement keys and tags.
The following chattels were missing at the end of the tenancy: blinds in the bedroom. The landlord provided pre let photos which show a blind in the bedroom. At the termination of the tenancy the blind was missing. The landlord has provided the Tribunal with an invoice for $300.00 for the replacement of the blind.
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: extensive damage to the walls throughout the apartment, broken main fire door to the unit, broken bedroom door and missing kitchen cabinet door. The damage is more than fair wear and tear, and the tenant has not disproved liability for the damage.
The landlord has provided photos of the damage and invoices for the cost of the repairs.
The amounts ordered are proved. Exemplary damages:
The landlord sought to claim exemplary damages because of the trouble and bad behaviour the tenant caused during the tenancy to other tenants and the management of the building.
I am unable to award exemplary damages for this type of claim, therefore I am dismissing this claim. Unblocking drain:
The landlord has provided photos of the dismantled drain under the sink. The photos show a mass of hair and a candle stick clogging the drain.
The landlord has provided an invoice for the cost of unblocking the drain.
I am satisfied that the landlord has proven their claim for the cost of unblocking the drain. Body Corp fees:
The landlord has provided numerous letters and emails between the Body Corp, the landlord and the tenant regarding anti-social behaviour of the tenant and/or her friends that she has allowed into her apartment. These reports are of fighting, throwing furniture off the balcony, excessive noise, spilling drinks in the lift and common areas, police call outs and stealing packages from the entrance foyer.
A consequence of these reports of bad behaviour is that the landlord has been fined by the Body Corp for the actions of the tenant. The landlord is seeking to claim the cost of $250.00 for a fine imposed by the Body Corp. The Tribunal has been provided with a copy of the Body Corp letters to the tenant regarding the complaints and the cost of the fine to the landlord.
Given the number of complaints and the involvement of the Body Corp and apartment management, I am satisfied that the landlord has proven their claim for the fine. Suppression:
The landlord has been largely successful in her application therefore I am granting suppression of the landlord’s name and details. Bond refund:
The bond is to be refunded to the landlord to offset the debt owed by the tenant to the landlord. Filing fee:
Because [The landlord/s] has substantially succeeded with the claim I have reimbursed the filing fee.

Tenancy Tribunal case 4701993 — Property damage at Unit/Flat 10L, 76 Albert Street, Auckland Central, Auckland

At a glance

Tenancy Tribunal case 4701993 — Property damage at Unit/Flat 10L, 76 Albert Street, 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?

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