What was the outcome of Tenancy Tribunal case 4702614?

The tribunal order states: Mariah Timu must pay Idea Home Property Management Limited $5,339.14

How much money was awarded in case 4702614?

Cleaning: $448.50 awarded to landlord; Filing Fee: $20.44 awarded to landlord; Property Damage: $345.00 awarded to landlord; Property Damage: $385.20 awarded to landlord; Property Damage: $920.00 awarded to landlord; Rubbish Removal: $3,220.00 awarded to landlord

What type of tenancy dispute was case 4702614?

The primary dispute was Property damage. Related themes: Cleanliness.

Where can I read the official tribunal order for case 4702614?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/10222717-Tenancy_Tribunal_Order.pdf.

What was the outcome of Tenancy Tribunal case 4702614?

The tribunal order states: Mariah Timu must pay Idea Home Property Management Limited $5,339.14

How much money was awarded in case 4702614?

Cleaning: $448.50 awarded to landlord; Filing Fee: $20.44 awarded to landlord; Property Damage: $345.00 awarded to landlord; Property Damage: $385.20 awarded to landlord; Property Damage: $920.00 awarded to landlord; Rubbish Removal: $3,220.00 awarded to landlord

What type of tenancy dispute was case 4702614?

The primary dispute was Property damage. Related themes: Cleanliness.

Where can I read the official tribunal order for case 4702614?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/10222717-Tenancy_Tribunal_Order.pdf.

14 Glenbervie Crescent, Massey, Auckland 0614 Tenancy Tribunal Case 4702614 — Property damage

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14 Glenbervie Crescent, Massey, Auckland 0614 Tenancy Tribunal Case 4702614 — 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 4702614. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Cleaning and rubbish removal	$3,220.00	Cleaning and rubbish removal
Carpet Cleaning	$448.50	Carpet Cleaning
Lock/key replacement	$345.00	Lock/key replacement
Window repairs	$385.20	Window repairs
General repairs	$920.00	General repairs
Filing fee reimbursement	$20.44	Filing fee reimbursement

Claims and awards for application 4702614. Verify on MoJ.

Cleaning and rubbish removal

Amount: $3,220.00
Awarded to: Landlord
Reason: Cleaning and rubbish removal

Carpet Cleaning

Amount: $448.50
Awarded to: Landlord
Reason: Carpet Cleaning

Lock/key replacement

Amount: $345.00
Awarded to: Landlord
Reason: Lock/key replacement

Window repairs

Amount: $385.20
Awarded to: Landlord
Reason: Window repairs

General repairs

Amount: $920.00
Awarded to: Landlord
Reason: General repairs

Claim types — money lines allowed on this order

Carpet Cleaning Filing Fee Property damage Rubbish Removal

Order

Mariah Timu must pay Idea Home Property Management Limited $5,339.14 immediately, calculated as shown in table below. DescriptionLandlord Cleaning and rubbish removal$3,220.00 Carpet Cleaning$448.50 Lock/key replacement$345.00 Window repairs$385.20 General repairs$920.00 Filing fee reimbursement$20.44 Total award$5,339.14

Reasons

Ken Dai attended the hearing for the landlord.
The tenant did not attend. The hearing proceeded in the tenant’s absence.
The landlord has applied for compensation and reimbursement of the filing fee following 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. 1
The tenant did not leave the premises reasonably clean and tidy, did not remove all rubbish, and did not return the keys.
The landlord produced invoices for the costs claimed.
The amounts ordered for cleaning and lock and key replacement 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. 2
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. 3
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. 4
During the tenancy, the rear garage door frame was broken, a section of sliding door glass was cracked, a large hole at ankle-to-knee height was made in the hallway wall, the showerhead and hose were removed, one of the shower slide doors was pushed off its tracks, the lower part of the veneer of one of the lounge doors had been chewed away.
The damage is more than fair wear and tear, and the tenant has not disproved liability for the damage. The landlord provided invoices for the costs.
The amounts ordered for window repair and general repairs are proved. 1 Residential Tenancies Act 1986 (RTA), s 40(1)(e)(ii)-(v). 2 RTA, ss 40(2)(a), 41, and 49B. 3 RTA, s 49B(1). 4 See Guo v Korck [2019] NZHC 1541. Filing fee
Because the landlord has wholly succeeded with its claim, the Tribunal must order the tenant to reimburse the filing fee.

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 4702614. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Cleaning and rubbish removal	$3,220.00	Cleaning and rubbish removal
Carpet Cleaning	$448.50	Carpet Cleaning
Lock/key replacement	$345.00	Lock/key replacement
Window repairs	$385.20	Window repairs
General repairs	$920.00	General repairs
Filing fee reimbursement	$20.44	Filing fee reimbursement

Claims and awards for application 4702614. Verify on MoJ.

Cleaning and rubbish removal

Amount: $3,220.00
Awarded to: Landlord
Reason: Cleaning and rubbish removal

Carpet Cleaning

Amount: $448.50
Awarded to: Landlord
Reason: Carpet Cleaning

Lock/key replacement

Amount: $345.00
Awarded to: Landlord
Reason: Lock/key replacement

Window repairs

Amount: $385.20
Awarded to: Landlord
Reason: Window repairs

General repairs

Amount: $920.00
Awarded to: Landlord
Reason: General repairs

Claim types — money lines allowed on this order

Carpet Cleaning Filing Fee Property damage Rubbish Removal

Order

Reasons

Ken Dai attended the hearing for the landlord.
The tenant did not attend. The hearing proceeded in the tenant’s absence.
The landlord has applied for compensation and reimbursement of the filing fee following 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. 1
The tenant did not leave the premises reasonably clean and tidy, did not remove all rubbish, and did not return the keys.
The landlord produced invoices for the costs claimed.
The amounts ordered for cleaning and lock and key replacement 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. 2
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. 3
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. 4
During the tenancy, the rear garage door frame was broken, a section of sliding door glass was cracked, a large hole at ankle-to-knee height was made in the hallway wall, the showerhead and hose were removed, one of the shower slide doors was pushed off its tracks, the lower part of the veneer of one of the lounge doors had been chewed away.
The damage is more than fair wear and tear, and the tenant has not disproved liability for the damage. The landlord provided invoices for the costs.
The amounts ordered for window repair and general repairs are proved. 1 Residential Tenancies Act 1986 (RTA), s 40(1)(e)(ii)-(v). 2 RTA, ss 40(2)(a), 41, and 49B. 3 RTA, s 49B(1). 4 See Guo v Korck [2019] NZHC 1541. Filing fee
Because the landlord has wholly succeeded with its claim, the Tribunal must order the tenant to reimburse the filing fee.

Tenancy Tribunal case 4702614 — Property damage at 14 Glenbervie Crescent, Massey, Auckland 0614

At a glance

Tenancy Tribunal case 4702614 — Property damage at 14 Glenbervie Crescent, Massey, Auckland 0614

At a glance

Claims & awards

Order

Reasons

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

Claims & awards

Order

Reasons

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