What was the outcome of Tenancy Tribunal case 4716412?

The tribunal order states: Toni Mcternan and Keith EDwards must pay Link2 Associates Limited

How much money was awarded in case 4716412?

Cleaning: $575.00 awarded to landlord; Filing Fee: $20.44 awarded to landlord; Lawns: $200.00 awarded to landlord; Property Damage: $339.25 awarded to landlord; Lost Rent: $10,500.00 awarded to landlord; Previous Order Application 4613329 D…: $9,267.00 awarded to landlord; Blinds: $112.70 awarded to landlord; Carpet: $2,000.00 awarded to landlord; Laundry Tub In Garage: $632.50 awarded to landlord; Laundry Tub In Main House: $517.50 awarded to landlord; Plasterboard Ceiling: $166.75 awarded to landlord; Kitchen Vinyl: $1,000.00 awarded to landlord; Replace Furnishings: Curtains: $885.50 awarded to landlord; Rubbish Removal: $2,999.20 awarded to landlord

What type of tenancy dispute was case 4716412?

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

Where can I read the official tribunal order for case 4716412?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/9861747-Tenancy_Tribunal_Order.pdf.

What was the outcome of Tenancy Tribunal case 4716412?

The tribunal order states: Toni Mcternan and Keith EDwards must pay Link2 Associates Limited

How much money was awarded in case 4716412?

Cleaning: $575.00 awarded to landlord; Filing Fee: $20.44 awarded to landlord; Lawns: $200.00 awarded to landlord; Property Damage: $339.25 awarded to landlord; Lost Rent: $10,500.00 awarded to landlord; Previous Order Application 4613329 D…: $9,267.00 awarded to landlord; Blinds: $112.70 awarded to landlord; Carpet: $2,000.00 awarded to landlord; Laundry Tub In Garage: $632.50 awarded to landlord; Laundry Tub In Main House: $517.50 awarded to landlord; Plasterboard Ceiling: $166.75 awarded to landlord; Kitchen Vinyl: $1,000.00 awarded to landlord; Replace Furnishings: Curtains: $885.50 awarded to landlord; Rubbish Removal: $2,999.20 awarded to landlord

What type of tenancy dispute was case 4716412?

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

Where can I read the official tribunal order for case 4716412?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/9861747-Tenancy_Tribunal_Order.pdf.

8 Kingussie Place, Highland Park, Auckland 2010 Tenancy Tribunal Case 4716412 — Lost Rent

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8 Kingussie Place, Highland Park, Auckland 2010 Tenancy Tribunal Case 4716412 — Lost Rent | 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 4716412 — net $29,215.84 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Previous order application 4613329 dated 07/09/2023	$9,267.00	Previous order application 4613329 dated 07/09/2023
Rubbish removal	$2,999.20	Rubbish removal
Lock/key replacement: garage remote	$339.25	Lock/key replacement: garage remote
Repairs: laundry tub in garage	$632.50	Repairs: laundry tub in garage
Repairs: plasterboard ceiling	$166.75	Repairs: plasterboard ceiling
Replace furnishings: curtains	$885.50	Replace furnishings: curtains
Lawns	$200.00	Lawns
Repairs: carpet	$2,000.00	Repairs: carpet
Repairs: vinyl	$1,000.00	Repairs: vinyl
Repairs: laundry tub in main house	$517.50	Repairs: laundry tub in main house
Repairs: blinds	$112.70	Repairs: blinds
Cleaning	$575.00	Cleaning
Lost rent from 12 September to 25 December 2023	$10,500.00	Lost rent from 12 September to 25 December 2023
Filing fee reimbursement	$20.44	Filing fee reimbursement
Net award	$29,215.84
Total payable by Tenant to Landlord	$29,215.84

Claims and awards for application 4716412 — net $29,215.84 NZD. Verify on MoJ.

Previous order application 4613329 dated 07/09/2023

Amount: $9,267.00
Awarded to: Landlord
Reason: Previous order application 4613329 dated 07/09/2023

Rubbish removal

Amount: $2,999.20
Awarded to: Landlord
Reason: Rubbish removal

Lock/key replacement: garage remote

Amount: $339.25
Awarded to: Landlord
Reason: Lock/key replacement: garage remote

Repairs: laundry tub in garage

Amount: $632.50
Awarded to: Landlord
Reason: Repairs: laundry tub in garage

Repairs: plasterboard ceiling

Amount: $166.75
Awarded to: Landlord
Reason: Repairs: plasterboard ceiling

Claim types — money lines allowed on this order

Cleanliness Filing Fee Property damage Lost Rent Rubbish Removal

Order

Toni Mcternan and Keith EDwards must pay Link2 Associates Limited $29,215.84 immediately, calculated as shown in table below.

Reasons

Only the landlord attended the hearing.
The landlord has applied for compensation, and reimbursement of the filing fee following the end of the tenancy by order of the Tenancy Tribunal under application number 4613329 dated 7 September 2023.
The earlier order of the Tribunal is incorporated into this order for enforcement purposes.

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.
The tenant did not return the garage remote.
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.
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 intentionally caused during the tenancy: laundry tubs, plasterboard ceiling, curtains, carpet, vinyl, and blinds. The damage is more than fair wear and tear, and the tenant has not disproved liability for the damage.
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.
Finally, I have awarded further damages in favour of the landlord on account of lost rent from 29 September to 25 December 2023 while the above repairs were being carried out.
Only the amounts ordered are proved.

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 4716412 — net $29,215.84 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Previous order application 4613329 dated 07/09/2023	$9,267.00	Previous order application 4613329 dated 07/09/2023
Rubbish removal	$2,999.20	Rubbish removal
Lock/key replacement: garage remote	$339.25	Lock/key replacement: garage remote
Repairs: laundry tub in garage	$632.50	Repairs: laundry tub in garage
Repairs: plasterboard ceiling	$166.75	Repairs: plasterboard ceiling
Replace furnishings: curtains	$885.50	Replace furnishings: curtains
Lawns	$200.00	Lawns
Repairs: carpet	$2,000.00	Repairs: carpet
Repairs: vinyl	$1,000.00	Repairs: vinyl
Repairs: laundry tub in main house	$517.50	Repairs: laundry tub in main house
Repairs: blinds	$112.70	Repairs: blinds
Cleaning	$575.00	Cleaning
Lost rent from 12 September to 25 December 2023	$10,500.00	Lost rent from 12 September to 25 December 2023
Filing fee reimbursement	$20.44	Filing fee reimbursement
Net award	$29,215.84
Total payable by Tenant to Landlord	$29,215.84

Claims and awards for application 4716412 — net $29,215.84 NZD. Verify on MoJ.

Previous order application 4613329 dated 07/09/2023

Amount: $9,267.00
Awarded to: Landlord
Reason: Previous order application 4613329 dated 07/09/2023

Rubbish removal

Amount: $2,999.20
Awarded to: Landlord
Reason: Rubbish removal

Lock/key replacement: garage remote

Amount: $339.25
Awarded to: Landlord
Reason: Lock/key replacement: garage remote

Repairs: laundry tub in garage

Amount: $632.50
Awarded to: Landlord
Reason: Repairs: laundry tub in garage

Repairs: plasterboard ceiling

Amount: $166.75
Awarded to: Landlord
Reason: Repairs: plasterboard ceiling

Claim types — money lines allowed on this order

Cleanliness Filing Fee Property damage Lost Rent Rubbish Removal

Order

Toni Mcternan and Keith EDwards must pay Link2 Associates Limited $29,215.84 immediately, calculated as shown in table below.

Reasons

Only the landlord attended the hearing.
The landlord has applied for compensation, and reimbursement of the filing fee following the end of the tenancy by order of the Tenancy Tribunal under application number 4613329 dated 7 September 2023.
The earlier order of the Tribunal is incorporated into this order for enforcement purposes.

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.
The tenant did not return the garage remote.
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.
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 intentionally caused during the tenancy: laundry tubs, plasterboard ceiling, curtains, carpet, vinyl, and blinds. The damage is more than fair wear and tear, and the tenant has not disproved liability for the damage.
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.
Finally, I have awarded further damages in favour of the landlord on account of lost rent from 29 September to 25 December 2023 while the above repairs were being carried out.
Only the amounts ordered are proved.

Tenancy Tribunal case 4716412 — Lost Rent at 8 Kingussie Place, Highland Park, Auckland 2010

At a glance

Tenancy Tribunal case 4716412 — Lost Rent at 8 Kingussie Place, Highland Park, Auckland 2010

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