What was the outcome of Tenancy Tribunal case 4720771?

The tribunal order states: Reena Toni Thomas and Mark Taylor must pay Jdl Premier Asset Management

How much money was awarded in case 4720771?

Cleaning: $1,610.00 awarded to landlord; Property Damage: $1,500.00 awarded to landlord; Filing Fee: $20.44 awarded to landlord; Cleaning: $2,400.00 awarded to landlord; Property Damage: $624.19 awarded to landlord; Rent Arrears: $2,828.57 awarded to landlord; Property Damage: $7,600.00 awarded to landlord; Replace Furnishings: Curtains/Blinds: $3,200.38 awarded to landlord; Rubbish Removal: $1,417.04 awarded to landlord; Water Rates: $289.08 awarded to landlord

What type of tenancy dispute was case 4720771?

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

Where can I read the official tribunal order for case 4720771?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/10171573-Tenancy_Tribunal_Order.pdf.

What was the outcome of Tenancy Tribunal case 4720771?

The tribunal order states: Reena Toni Thomas and Mark Taylor must pay Jdl Premier Asset Management

How much money was awarded in case 4720771?

Cleaning: $1,610.00 awarded to landlord; Property Damage: $1,500.00 awarded to landlord; Filing Fee: $20.44 awarded to landlord; Cleaning: $2,400.00 awarded to landlord; Property Damage: $624.19 awarded to landlord; Rent Arrears: $2,828.57 awarded to landlord; Property Damage: $7,600.00 awarded to landlord; Replace Furnishings: Curtains/Blinds: $3,200.38 awarded to landlord; Rubbish Removal: $1,417.04 awarded to landlord; Water Rates: $289.08 awarded to landlord

What type of tenancy dispute was case 4720771?

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

Where can I read the official tribunal order for case 4720771?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/10171573-Tenancy_Tribunal_Order.pdf.

7a Litchfield Place, Clarks Beach, Auckland 2112 Tenancy Tribunal Case 4720771 — Property damage

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7a Litchfield Place, Clarks Beach, Auckland 2112 Tenancy Tribunal Case 4720771 — 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 4720771 — net $19,089.70 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears to 31/10/2023	$2,828.57	4. I order the tenant to pay the landlord $2,828.57 for rent arrears and $289.08 for water rates arrears.
Water rates	$289.08	Water rates
Cleaning	$1,610.00	Cleaning
Rubbish removal	$1,417.04	Rubbish removal
Lock/key replacement	$624.19	Lock/key replacement
Meth testing/Cleaning: Insurance excess	$2,400.00	Meth testing/Cleaning: Insurance excess
Repairs: Insurance excess	$7,600.00	Repairs: Insurance excess
Replace furnishings: Curtains/blinds	$3,200.38	Replace furnishings: Curtains/blinds
Exemplary damages	$1,500.00	Exemplary damages
Filing fee reimbursement	$20.44	Filing fee reimbursement
Net award	$19,089.70
Total payable by Tenant to Landlord	$19,089.70

Claims and awards for application 4720771 — net $19,089.70 NZD. Verify on MoJ.

Rent arrears to 31/10/2023

Amount: $2,828.57
Awarded to: Landlord
Reason: 4. I order the tenant to pay the landlord $2,828.57 for rent arrears and $289.08 for water rates arrears.

Water rates

Amount: $289.08
Awarded to: Landlord
Reason: Water rates

Cleaning

Amount: $1,610.00
Awarded to: Landlord
Reason: Cleaning

Rubbish removal

Amount: $1,417.04
Awarded to: Landlord
Reason: Rubbish removal

Lock/key replacement

Amount: $624.19
Awarded to: Landlord
Reason: Lock/key replacement

Claim types — money lines allowed on this order

Cleanliness Exemplary damages Filing Fee Property damage Rent arrears Rubbish Removal Water Rates

Order

Reena Toni Thomas and Mark Taylor must pay Jdl Premier Asset Management Limited $19,089.70 immediately, calculated as shown in table below.
The Bond Centre is to pay the bond of $2,400.00 (6487932-004) to Jdl Premier Asset Management Limited immediately.

Reasons

The landlord attended the hearing on 5 th April 2024. The tenant did not.
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 and water rates?

The tenancy ended on 31 st October 2023. The landlord provided rent records and water rates invoices which prove the amount owing at the end of the tenancy.
I order the tenant to pay the landlord $2,828.57 for rent arrears and $289.08 for water rates arrears.

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) Residential Tenancies Act 1986 (“RTA”).
The landlord provided inspection photos and invoices to prove the claims. I am satisfied that the landlord has proven that 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 above 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 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.
Where the damage is careless and is not covered by the landlord's insurance, the tenant's liability is limited to four weeks' rent. Where insurance money is irrecoverable because of the tenant's conduct, the property is treated as if it is not insured against the damage.
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.
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. Although the damage is caused intentionally, if it is covered by insurance, the landlord cannot double claim the amount.
The Tribunal must take 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.
I have seen the insurance paperwork and invoices. I have seen the methamphetamine test results from before and after the tenancy. I am satisfied that the landlord has proven the amounts ordered above.
Of the landlord’s claims, I have declined to award any amounts for the new kitchen cabinetry, new light and electrical fittings, owner’s mileage or owner’s labour for painting. I have declined to award painting materials for the ceiling as they do not exceed the applicable levels for methamphetamine.
I find that the landlord has proven that the tenant had consumed methamphetamine at the premises intentionally and that there is public interest in awarding exemplary damages to stop tenants from consuming methamphetamine at the tenanted premises. I order the tenant to pay the landlord $1,500.00 in exemplary damages.
Lastly, because Jdl Premier Asset Management Limited has wholly succeeded with the claim, the tenant must 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 4720771 — net $19,089.70 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears to 31/10/2023	$2,828.57	4. I order the tenant to pay the landlord $2,828.57 for rent arrears and $289.08 for water rates arrears.
Water rates	$289.08	Water rates
Cleaning	$1,610.00	Cleaning
Rubbish removal	$1,417.04	Rubbish removal
Lock/key replacement	$624.19	Lock/key replacement
Meth testing/Cleaning: Insurance excess	$2,400.00	Meth testing/Cleaning: Insurance excess
Repairs: Insurance excess	$7,600.00	Repairs: Insurance excess
Replace furnishings: Curtains/blinds	$3,200.38	Replace furnishings: Curtains/blinds
Exemplary damages	$1,500.00	Exemplary damages
Filing fee reimbursement	$20.44	Filing fee reimbursement
Net award	$19,089.70
Total payable by Tenant to Landlord	$19,089.70

Claims and awards for application 4720771 — net $19,089.70 NZD. Verify on MoJ.

Rent arrears to 31/10/2023

Amount: $2,828.57
Awarded to: Landlord
Reason: 4. I order the tenant to pay the landlord $2,828.57 for rent arrears and $289.08 for water rates arrears.

Water rates

Amount: $289.08
Awarded to: Landlord
Reason: Water rates

Cleaning

Amount: $1,610.00
Awarded to: Landlord
Reason: Cleaning

Rubbish removal

Amount: $1,417.04
Awarded to: Landlord
Reason: Rubbish removal

Lock/key replacement

Amount: $624.19
Awarded to: Landlord
Reason: Lock/key replacement

Claim types — money lines allowed on this order

Cleanliness Exemplary damages Filing Fee Property damage Rent arrears Rubbish Removal Water Rates

Order

Reena Toni Thomas and Mark Taylor must pay Jdl Premier Asset Management Limited $19,089.70 immediately, calculated as shown in table below.
The Bond Centre is to pay the bond of $2,400.00 (6487932-004) to Jdl Premier Asset Management Limited immediately.

Reasons

The landlord attended the hearing on 5 th April 2024. The tenant did not.
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 and water rates?

The tenancy ended on 31 st October 2023. The landlord provided rent records and water rates invoices which prove the amount owing at the end of the tenancy.
I order the tenant to pay the landlord $2,828.57 for rent arrears and $289.08 for water rates arrears.

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) Residential Tenancies Act 1986 (“RTA”).
The landlord provided inspection photos and invoices to prove the claims. I am satisfied that the landlord has proven that 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 above 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 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.
Where the damage is careless and is not covered by the landlord's insurance, the tenant's liability is limited to four weeks' rent. Where insurance money is irrecoverable because of the tenant's conduct, the property is treated as if it is not insured against the damage.
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.
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. Although the damage is caused intentionally, if it is covered by insurance, the landlord cannot double claim the amount.
The Tribunal must take 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.
I have seen the insurance paperwork and invoices. I have seen the methamphetamine test results from before and after the tenancy. I am satisfied that the landlord has proven the amounts ordered above.
Of the landlord’s claims, I have declined to award any amounts for the new kitchen cabinetry, new light and electrical fittings, owner’s mileage or owner’s labour for painting. I have declined to award painting materials for the ceiling as they do not exceed the applicable levels for methamphetamine.
I find that the landlord has proven that the tenant had consumed methamphetamine at the premises intentionally and that there is public interest in awarding exemplary damages to stop tenants from consuming methamphetamine at the tenanted premises. I order the tenant to pay the landlord $1,500.00 in exemplary damages.
Lastly, because Jdl Premier Asset Management Limited has wholly succeeded with the claim, the tenant must reimburse the filing fee.

Tenancy Tribunal case 4720771 — Property damage at 7a Litchfield Place, Clarks Beach, Auckland 2112

At a glance

Tenancy Tribunal case 4720771 — Property damage at 7a Litchfield Place, Clarks Beach, Auckland 2112

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