What was the outcome of Tenancy Tribunal case 4714112?

The tribunal order states: Pepe Elizabeth Faimalo must pay Iron Bridge Property Management (Auck)

How much money was awarded in case 4714112?

Property Damage: $1,200.00 awarded to landlord; Property Damage: $400.00 awarded to landlord; Property Damage: $400.00 awarded to landlord; Property Damage: $400.00 awarded to landlord; Property Damage: $255.00 awarded to landlord; Rubbish Removal: $230.00 awarded to landlord; Smoke Alarms: $440.22 awarded to landlord

What type of tenancy dispute was case 4714112?

The primary dispute was Property damage. Related themes: Smoke alarms.

Where can I read the official tribunal order for case 4714112?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/10180742-Tribunal_Order.pdf.

What was the outcome of Tenancy Tribunal case 4714112?

The tribunal order states: Pepe Elizabeth Faimalo must pay Iron Bridge Property Management (Auck)

How much money was awarded in case 4714112?

Property Damage: $1,200.00 awarded to landlord; Property Damage: $400.00 awarded to landlord; Property Damage: $400.00 awarded to landlord; Property Damage: $400.00 awarded to landlord; Property Damage: $255.00 awarded to landlord; Rubbish Removal: $230.00 awarded to landlord; Smoke Alarms: $440.22 awarded to landlord

What type of tenancy dispute was case 4714112?

The primary dispute was Property damage. Related themes: Smoke alarms.

Where can I read the official tribunal order for case 4714112?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/10180742-Tribunal_Order.pdf.

Unit/Flat 14, 37 Ireland Road, Mount Wellington, Auckland Tenancy Tribunal Case 4714112 — Property damage

Reasons

Claims and awards in Tenancy Tribunal application 4714112 — net $3,325.22 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rubbish removal	$230.00	Rubbish removal
Replace furnishings: Curtain replacement	$255.00	Replace furnishings: Curtain replacement
Heat pump remote and smoke alarm	$440.22	Heat pump remote and smoke alarm
Repairs: Door insurance excess	$400.00	Repairs: Door insurance excess
Repairs: Shower door insurance excess	$400.00	Repairs: Shower door insurance excess
Repairs: Kitchen hinges and cupboards insurance excess	$400.00	Repairs: Kitchen hinges and cupboards insurance excess
Painting insurance excess x 3	$1,200.00	Painting insurance excess x 3
Net award	$3,325.22
Total payable by Tenant to Landlord	$3,325.22

The landlord attended the hearing.

Telephone calls to the tenant on the number provided at the allocated hearing time went to voicemail. The Tribunal may hear matters in the absence of a party where satisfied that notice of the hearing has been given. I am satisfied that notice has been given.

This matter was part heard on 8 January 2024 and 13 March 2024.The hearing was adjourned to today for the landlord to obtain further details on the insurance excess which may be applicable to any compensation claims.

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 did not leave the premises reasonably clean and tidy, and did not remove all rubbish. Photos of the premises and invoices were provided in support of the landlord claims. The premises were not left reasonably clean and tidy. The claim for rubbish removal of $230.00 is reasonable.

Curtains, heat pump remote and smoke alarms were missing at the end of the tenancy. The cost for replacement curtains is $255.00 and for the heat pump remote and smoke alarm $440.22.

The amounts ordered are proven.

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. The landlord is insured. The excess applicable to each and every claim is $400.00.

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: Door was damaged- A photo of the damage was provided and an invoice for the repair. The compensation claim exceeds the insurance excess of $400.00. Shower door and seals were damaged- A photo of the damage was provided and an invoice for the repair. The compensation claim exceeds the insurance excess of $400.00. Kitchen hinges and cupboards- A photo of the damage was provided and an invoice for the repair. The compensation claim exceeds the insurance excess of $400.00. Painting was required throughout the premises. Photos of the damage were provided and an invoice for the repair. The compensation claim exceeds the insurance excess of $400.00.The excess was applied three times by the insurer as damage had been caused in different arears of the house.

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

The amounts ordered are proven.

Claims and awards in Tenancy Tribunal application 4714112 — net $3,325.22 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rubbish removal	$230.00	Rubbish removal
Replace furnishings: Curtain replacement	$255.00	Replace furnishings: Curtain replacement
Heat pump remote and smoke alarm	$440.22	Heat pump remote and smoke alarm
Repairs: Door insurance excess	$400.00	Repairs: Door insurance excess
Repairs: Shower door insurance excess	$400.00	Repairs: Shower door insurance excess
Repairs: Kitchen hinges and cupboards insurance excess	$400.00	Repairs: Kitchen hinges and cupboards insurance excess
Painting insurance excess x 3	$1,200.00	Painting insurance excess x 3
Net award	$3,325.22
Total payable by Tenant to Landlord	$3,325.22

Order

Pepe Elizabeth Faimalo must pay Iron Bridge Property Management (Auck) Limited As Agent For Oscar Properties Limited $3,325.22 immediately, calculated as shown in table below.

Reasons

The landlord attended the hearing.
Telephone calls to the tenant on the number provided at the allocated hearing time went to voicemail. The Tribunal may hear matters in the absence of a party where satisfied that notice of the hearing has been given. I am satisfied that notice has been given.
This matter was part heard on 8 January 2024 and 13 March 2024.The hearing was adjourned to today for the landlord to obtain further details on the insurance excess which may be applicable to any compensation claims.

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 did not leave the premises reasonably clean and tidy, and did not remove all rubbish. Photos of the premises and invoices were provided in support of the landlord claims. The premises were not left reasonably clean and tidy. The claim for rubbish removal of $230.00 is reasonable.
Curtains, heat pump remote and smoke alarms were missing at the end of the tenancy. The cost for replacement curtains is $255.00 and for the heat pump remote and smoke alarm $440.22.
The amounts ordered are proven.

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. The landlord is insured. The excess applicable to each and every claim is $400.00.
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: Door was damaged- A photo of the damage was provided and an invoice for the repair. The compensation claim exceeds the insurance excess of $400.00. Shower door and seals were damaged- A photo of the damage was provided and an invoice for the repair. The compensation claim exceeds the insurance excess of $400.00. Kitchen hinges and cupboards- A photo of the damage was provided and an invoice for the repair. The compensation claim exceeds the insurance excess of $400.00. Painting was required throughout the premises. Photos of the damage were provided and an invoice for the repair. The compensation claim exceeds the insurance excess of $400.00.The excess was applied three times by the insurer as damage had been caused in different arears of the house.
The damage is more than fair wear and tear, and the tenant has not disproved liability for the damage.
The amounts ordered are proven.

Tenancy Tribunal case 4714112 — Property damage at Unit/Flat 14, 37 Ireland Road, Mount Wellington, Auckland

At a glance

Tenancy Tribunal case 4714112 — Property damage at Unit/Flat 14, 37 Ireland Road, Mount Wellington, Auckland

At a glance

Award balance

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

Award balance

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