What was Tenancy Tribunal case 4702771 about?

The tribunal order states: Mahina Mcgregor Check must pay [The landlord/s] $8,990.80 immediately,

How much money was awarded in case 4702771?

Cleaning: $575.00 awarded to landlord; Cleaning: $1,150.00 awarded to landlord; Filing Fee: $20.44 awarded to landlord; Property Damage: $1,380.00 awarded to landlord; Property Damage: $207.00 awarded to landlord; Property Damage: $994.00 awarded to landlord; Property Damage: $764.00 awarded to landlord; Rent Arrears: $1,992.86 awarded to landlord; Doors (X2: $1,035.00 awarded to landlord; Shower Rose: $172.50 awarded to landlord; Wall Holes: $920.00 awarded to landlord; Rubbish Removal: $3,220.00 awarded to landlord

What type of tenancy dispute was case 4702771?

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

Where can I read the official tribunal order for case 4702771?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/10018542-Tribunal_Order_Redacted.pdf.

What was Tenancy Tribunal case 4702771 about?

The tribunal order states: Mahina Mcgregor Check must pay [The landlord/s] $8,990.80 immediately,

How much money was awarded in case 4702771?

Cleaning: $575.00 awarded to landlord; Cleaning: $1,150.00 awarded to landlord; Filing Fee: $20.44 awarded to landlord; Property Damage: $1,380.00 awarded to landlord; Property Damage: $207.00 awarded to landlord; Property Damage: $994.00 awarded to landlord; Property Damage: $764.00 awarded to landlord; Rent Arrears: $1,992.86 awarded to landlord; Doors (X2: $1,035.00 awarded to landlord; Shower Rose: $172.50 awarded to landlord; Wall Holes: $920.00 awarded to landlord; Rubbish Removal: $3,220.00 awarded to landlord

What type of tenancy dispute was case 4702771?

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

Where can I read the official tribunal order for case 4702771?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/10018542-Tribunal_Order_Redacted.pdf.

78 Seaview Road, Glenfield, Auckland 0629 Tenancy Tribunal Case 4702771 — Property damage

Reasons

Claims and awards in Tenancy Tribunal application 4702771 — net $8,990.80 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears to 3 October 2023	$1,992.86	Rent arrears to 3 October 2023
Carpet Cleaning	$575.00	Carpet Cleaning
Repairs: Wall holes	$920.00	Repairs: Wall holes
Repairs: Doors (x2	$1,035.00	Repairs: Doors (x2
Window repairs	$1,380.00	Window repairs
Lock/key replacement	$207.00	Lock/key replacement
Oven replacement	$994.00	Oven replacement
Dishwasher replacement	$764.00	Dishwasher replacement
Repairs: Shower rose	$172.50	Repairs: Shower rose
Rubbish removal	$3,220.00	Rubbish removal
Cleaning	$1,150.00	Cleaning
Filing fee reimbursement	$20.44	Filing fee reimbursement
Net award	$8,990.80
Total payable by Tenant to Landlord	$8,990.80

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

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 landlord attended at the premises on 3 October 2023, and it was clear that the tenant had abandoned the premises. The landlord is only seeking rent arrears from that date. The landlord provided rent records which prove the amount owing on 3 October 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 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 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: several holes in the walls, broken doors and door framing, broken windows, broken dishwasher, broken oven, broken shower rose. 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 taken into account 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 taken into account the age and condition of the items at the start of the tenancy and their likely useful lifespan.

Because [The applicant/s] has wholly succeeded with the claim I must reimburse the filing fee. For the same reason the landlord’s name is suppressed.

Claims and awards in Tenancy Tribunal application 4702771 — net $8,990.80 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears to 3 October 2023	$1,992.86	Rent arrears to 3 October 2023
Carpet Cleaning	$575.00	Carpet Cleaning
Repairs: Wall holes	$920.00	Repairs: Wall holes
Repairs: Doors (x2	$1,035.00	Repairs: Doors (x2
Window repairs	$1,380.00	Window repairs
Lock/key replacement	$207.00	Lock/key replacement
Oven replacement	$994.00	Oven replacement
Dishwasher replacement	$764.00	Dishwasher replacement
Repairs: Shower rose	$172.50	Repairs: Shower rose
Rubbish removal	$3,220.00	Rubbish removal
Cleaning	$1,150.00	Cleaning
Filing fee reimbursement	$20.44	Filing fee reimbursement
Net award	$8,990.80
Total payable by Tenant to Landlord	$8,990.80

Order

Mahina Mcgregor Check must pay [The landlord/s] $8,990.80 immediately, calculated as shown in table below.
The Bond Centre is to pay the bond of $3,440.00 ([Bond number suppressed]) to [The landlord/s] immediately.

Reasons

The landlord attended the hearing. The tenant did not attend the hearing.
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 landlord attended at the premises on 3 October 2023, and it was clear that the tenant had abandoned the premises. The landlord is only seeking rent arrears from that date. The landlord provided rent records which prove the amount owing on 3 October 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 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 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: several holes in the walls, broken doors and door framing, broken windows, broken dishwasher, broken oven, broken shower rose. 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 taken into account 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 taken into account the age and condition of the items at the start of the tenancy and their likely useful lifespan.
Because [The applicant/s] has wholly succeeded with the claim I must reimburse the filing fee. For the same reason the landlord’s name is suppressed.

Tenancy Tribunal case 4702771 — Property damage at 78 Seaview Road, Glenfield, Auckland 0629

At a glance

Tenancy Tribunal case 4702771 — Property damage at 78 Seaview Road, Glenfield, Auckland 0629

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