What was the outcome of Tenancy Tribunal case 4704589?

The tribunal order states: Andrea Sara Smith must pay Vogue Property Management Limited - As Agent

How much money was awarded in case 4704589?

Bailiff: $200.00 awarded to landlord; Cleaning: $1,150.00 awarded to landlord; Filing Fee: $20.44 awarded to landlord; Lawns and Garden Work: $732.00 awarded to landlord; Property Damage: $1,696.04 awarded to landlord; Property Damage: $264.50 awarded to landlord; Rent Arrears: $295.30 awarded to landlord; (2x Holes In Walls: $345.00 awarded to landlord; Rubbish Removal: $3,450.00 awarded to landlord; Rubbish Removal: $890.00 awarded to landlord; Tip Fee: $333.50 awarded to landlord; Water Rates: $23.53 awarded to landlord

What type of tenancy dispute was case 4704589?

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

Where can I read the official tribunal order for case 4704589?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/10063464-Tenancy_Tribunal_Order.pdf.

What was the outcome of Tenancy Tribunal case 4704589?

The tribunal order states: Andrea Sara Smith must pay Vogue Property Management Limited - As Agent

How much money was awarded in case 4704589?

Bailiff: $200.00 awarded to landlord; Cleaning: $1,150.00 awarded to landlord; Filing Fee: $20.44 awarded to landlord; Lawns and Garden Work: $732.00 awarded to landlord; Property Damage: $1,696.04 awarded to landlord; Property Damage: $264.50 awarded to landlord; Rent Arrears: $295.30 awarded to landlord; (2x Holes In Walls: $345.00 awarded to landlord; Rubbish Removal: $3,450.00 awarded to landlord; Rubbish Removal: $890.00 awarded to landlord; Tip Fee: $333.50 awarded to landlord; Water Rates: $23.53 awarded to landlord

What type of tenancy dispute was case 4704589?

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

Where can I read the official tribunal order for case 4704589?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/10063464-Tenancy_Tribunal_Order.pdf.

84 Salamanca Road, Sunnynook, Auckland 0620 Tenancy Tribunal Case 4704589 — Property damage

Reasons

Claims and awards in Tenancy Tribunal application 4704589 — net $7,140.31 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears (to 03/09/2023	$295.30	Rent arrears (to 03/09/2023
Water rates (to 03/09/2023	$23.53	Water rates (to 03/09/2023
Bailiff	$200.00	Bailiff
Carpet replacement 3 rooms	$1,696.04	Carpet replacement 3 rooms
Cleaning (Full interior clean	$1,150.00	Cleaning (Full interior clean
Rubbish removal: (2 skip bins	$890.00	Rubbish removal: (2 skip bins
Lock/key replacement	$264.50	Lock/key replacement
Rubbish removal (2x 6m2 and 1x12m2 and 5 trailers	$3,450.00	Rubbish removal (2x 6m2 and 1x12m2 and 5 trailers
Tip fee	$333.50	Tip fee
Repairs: (2x holes in walls	$345.00	Repairs: (2x holes in walls
Filing fee reimbursement	$20.44	Filing fee reimbursement
Lawns and Garden work	$732.00	Lawns and Garden work
Net award	$7,140.31
Total payable by Tenant to Landlord	$7,140.31

The landlord attended the hearing. The tenant did not.

I am satisfied that the tenant had received proper notice of the hearing time, date and place and chose not to attend.

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

The Bond has been released by the Bond Centre to the landlord, but has been used to offset some of the cost set out in this order.

How much is owed for rent and water rates?

The tenancy ended on 3 September 2023. The landlord provided rent records and water rates invoices which prove the amount owing at 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. 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 landlord had to remove 24 cubic metres of rubbish and furnishings and 5 trailer loads of 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: a. Carpet and underlay in 3 bedrooms full of urine and badly damaged; and b. 2 holes in the walls.

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 considered 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 considered the age and condition of the items at the start of the tenancy and their likely useful lifespan. Reimbursement of filing fee

Because Vogue Property Management Limited - As Agent For Danny Cheung has wholly succeeded with the claim I must reimburse the filing fee.

Claims and awards in Tenancy Tribunal application 4704589 — net $7,140.31 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears (to 03/09/2023	$295.30	Rent arrears (to 03/09/2023
Water rates (to 03/09/2023	$23.53	Water rates (to 03/09/2023
Bailiff	$200.00	Bailiff
Carpet replacement 3 rooms	$1,696.04	Carpet replacement 3 rooms
Cleaning (Full interior clean	$1,150.00	Cleaning (Full interior clean
Rubbish removal: (2 skip bins	$890.00	Rubbish removal: (2 skip bins
Lock/key replacement	$264.50	Lock/key replacement
Rubbish removal (2x 6m2 and 1x12m2 and 5 trailers	$3,450.00	Rubbish removal (2x 6m2 and 1x12m2 and 5 trailers
Tip fee	$333.50	Tip fee
Repairs: (2x holes in walls	$345.00	Repairs: (2x holes in walls
Filing fee reimbursement	$20.44	Filing fee reimbursement
Lawns and Garden work	$732.00	Lawns and Garden work
Net award	$7,140.31
Total payable by Tenant to Landlord	$7,140.31

Order

Andrea Sara Smith must pay Vogue Property Management Limited - As Agent For Danny Cheung $7,140.31 immediately, calculated as shown in table below.

Reasons

The landlord attended the hearing. The tenant did not.
I am satisfied that the tenant had received proper notice of the hearing time, date and place and chose not to attend.
The landlord has applied for rent arrears, compensation and reimbursement of the filing fee following the end of the tenancy.
The Bond has been released by the Bond Centre to the landlord, but has been used to offset some of the cost set out in this order.

How much is owed for rent and water rates?

The tenancy ended on 3 September 2023. The landlord provided rent records and water rates invoices which prove the amount owing at 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. 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 landlord had to remove 24 cubic metres of rubbish and furnishings and 5 trailer loads of 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: a. Carpet and underlay in 3 bedrooms full of urine and badly damaged; and b. 2 holes in the walls.
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 considered 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 considered the age and condition of the items at the start of the tenancy and their likely useful lifespan. Reimbursement of filing fee
Because Vogue Property Management Limited - As Agent For Danny Cheung has wholly succeeded with the claim I must reimburse the filing fee.

Tenancy Tribunal case 4704589 — Property damage at 84 Salamanca Road, Sunnynook, Auckland 0620

At a glance

Tenancy Tribunal case 4704589 — Property damage at 84 Salamanca Road, Sunnynook, Auckland 0620

At a glance

Award balance

Claims & awards

Order

Reasons

How much is owed for rent and 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 rent and 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