What was Tenancy Tribunal case 4743329 about?

The tribunal order states: Xiaolu Li must pay [The landlord/s] $2,288.92 immediately for the outstanding

How much money was awarded in case 4743329?

Cleaning: $420.00 awarded to landlord; Filing Fee: $20.44 awarded to landlord; Previous Order Application 4726441 D…: $560.81 awarded to landlord; Property Damage: $500.00 awarded to landlord; Property Damage: $69.00 awarded to landlord; Water Rates: $718.67 awarded to landlord

What type of tenancy dispute was case 4743329?

The primary dispute was Property damage. Related themes: Cleanliness.

Where can I read the official tribunal order for case 4743329?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/10074091-Tribunal_Order_Redacted.pdf.

What was Tenancy Tribunal case 4743329 about?

The tribunal order states: Xiaolu Li must pay [The landlord/s] $2,288.92 immediately for the outstanding

How much money was awarded in case 4743329?

Cleaning: $420.00 awarded to landlord; Filing Fee: $20.44 awarded to landlord; Previous Order Application 4726441 D…: $560.81 awarded to landlord; Property Damage: $500.00 awarded to landlord; Property Damage: $69.00 awarded to landlord; Water Rates: $718.67 awarded to landlord

What type of tenancy dispute was case 4743329?

The primary dispute was Property damage. Related themes: Cleanliness.

Where can I read the official tribunal order for case 4743329?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/10074091-Tribunal_Order_Redacted.pdf.

Unit/Flat 205, 155 Beaumont Street, Auckland Central, Tenancy Tribunal Case 4743329 — Property damage

Tenantcheck Insights

Unit/Flat 205, 155 Beaumont Street, Auckland Central, Tenancy Tribunal Case 4743329 — 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 4743329 — net $2,288.92 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Previous order application 4726441 dated 08/11/2023	$560.81	Previous order application 4726441 dated 08/11/2023
Water rates	$718.67	Water rates
Filing fee reimbursement	$20.44	Filing fee reimbursement
Cleaning	$420.00	Cleaning
Insurance excess	$500.00	Insurance excess
Lock/key replacement	$69.00	Lock/key replacement
Net award	$2,288.92
Total payable by Tenant to Landlord	$2,288.92

Claims and awards for application 4743329 — net $2,288.92 NZD. Verify on MoJ.

Previous order application 4726441 dated 08/11/2023

Amount: $560.81
Awarded to: Landlord
Reason: Previous order application 4726441 dated 08/11/2023

Water rates

Amount: $718.67
Awarded to: Landlord
Reason: Water rates

Filing fee reimbursement

Amount: $20.44
Awarded to: Landlord
Reason: Filing fee reimbursement

Cleaning

Amount: $420.00
Awarded to: Landlord
Reason: Cleaning

Insurance excess

Amount: $500.00
Awarded to: Landlord
Reason: Insurance excess

Claim types — money lines allowed on this order

Cleanliness Filing Fee Property damage Water Rates

Order

Xiaolu Li must pay [The landlord/s] $2,288.92 immediately for the outstanding debt on a previous order, water bills, filing fee, cleaning costs, lock and key replacement and insurance excess, as calculated and shown in table below. DescriptionLandlord Previous order application 4726441 dated 08/11/2023$560.81 Water rates$718.67 Filing fee reimbursement$20.44 Cleaning$420.00 Insurance excess$500.00 Lock/key replacement$69.00 Total award$2,288.92 Total payable by Tenant to Landlord$2,288.92

Reasons

The landlord attended the hearing, the tenant did not attend.
The landlord has applied for compensation, insurance excess, water bills, the outstanding amount owed under a previous order and reimbursement of the filing fee following the end of the tenancy.

How much is owed for water rates?

The tenancy ended after an eviction on 13 November 2023. The landlord provided water rates invoices which prove the amount of $718.67 owing at the end of the tenancy.
I am satisfied that the landlord has proven his claim for outstanding water bills. Previous Order:
The parties were before the Tribunal for hearing on 8 November 2023 and an order was issued for rent arrears, water rates and filing fee. The bond was refunded to the landlord to offset the debt owed by the tenant to the landlord.
After the bond was deducted from the debt, there was a residual amount of $560.81 left owing. The tenant has not paid the outstanding balance due.
The previous order dated 8 November 2023, under application numbers 4726441, 4664972, 4715569 and 4727433, with an outstanding balance of $560.81 is incorporated into this order.

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 provided the Tribunal with photographs and an exit inspection report of the property at the end of the tenancy and an invoices for $420.00 for cleaning. The photos clearly show a property that was not left in a reasonably clean and tidy condition. There were pieces of broken glass on the carpets, rubbish left in boxes around the apartment and on the balcony, the carpet had a tomato smeared into it and flooring was stained. The toilet bowl was jammed with toilet paper.
The tenant did not return the keys. The landlord has provided the Tribunal with an invoice for $69.00 for the cost of a replacement key.
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: -The washing machine had a paint can and miscellaneous items left inside it. The washing machine was turned on and went through a cycle with these items and paint inside. The washing machine was destroyed. -Every remote for the heat pump and electronic blinds were removed from the property. The landlord had to have the blinds rekeyed and purchase new remotes. -The bathroom sink plugs were missing. -All the manuals for the appliances in the property were torn up and left on a pile on the floor. -The front door barrel and strike plate had been filled with glue. These needed to be replaced. -There were scratches on walls, doors, and the kitchen splashback.
The damage is more than fair wear and tear, and the tenant has not disproved liability for the damage.
As the property was extensively damaged the landlord needed to claim on his insurance. Insurance have fixed up the damage and replaced the missing items. The landlord is seeking to claim the insurance excess of $500.00.
The Tribunal has been provided with documentation from the Insurance Company with the excess paid by the landlord set out.
The amount of $500.00 for the insurance excess is proven.
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.
This is a new build property and was in immaculate condition at the start of the tenancy. The landlord has provided the Tribunal with photos of the pre let inspection. I am not considering depreciation given that the tenant is only being charged for the excess and not the cost of the repairs.
The bond has previously been released to cover an earlier order for rent arrears.
The landlord seek suppression of his name and details and as he has been successful, I will grant suppression.
Because [The applicant/s] has wholly succeeded with the claim I 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 4743329 — net $2,288.92 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Previous order application 4726441 dated 08/11/2023	$560.81	Previous order application 4726441 dated 08/11/2023
Water rates	$718.67	Water rates
Filing fee reimbursement	$20.44	Filing fee reimbursement
Cleaning	$420.00	Cleaning
Insurance excess	$500.00	Insurance excess
Lock/key replacement	$69.00	Lock/key replacement
Net award	$2,288.92
Total payable by Tenant to Landlord	$2,288.92

Claims and awards for application 4743329 — net $2,288.92 NZD. Verify on MoJ.

Previous order application 4726441 dated 08/11/2023

Amount: $560.81
Awarded to: Landlord
Reason: Previous order application 4726441 dated 08/11/2023

Water rates

Amount: $718.67
Awarded to: Landlord
Reason: Water rates

Filing fee reimbursement

Amount: $20.44
Awarded to: Landlord
Reason: Filing fee reimbursement

Cleaning

Amount: $420.00
Awarded to: Landlord
Reason: Cleaning

Insurance excess

Amount: $500.00
Awarded to: Landlord
Reason: Insurance excess

Claim types — money lines allowed on this order

Cleanliness Filing Fee Property damage Water Rates

Order

Xiaolu Li must pay [The landlord/s] $2,288.92 immediately for the outstanding debt on a previous order, water bills, filing fee, cleaning costs, lock and key replacement and insurance excess, as calculated and shown in table below. DescriptionLandlord Previous order application 4726441 dated 08/11/2023$560.81 Water rates$718.67 Filing fee reimbursement$20.44 Cleaning$420.00 Insurance excess$500.00 Lock/key replacement$69.00 Total award$2,288.92 Total payable by Tenant to Landlord$2,288.92

Reasons

The landlord attended the hearing, the tenant did not attend.
The landlord has applied for compensation, insurance excess, water bills, the outstanding amount owed under a previous order and reimbursement of the filing fee following the end of the tenancy.

How much is owed for water rates?

The tenancy ended after an eviction on 13 November 2023. The landlord provided water rates invoices which prove the amount of $718.67 owing at the end of the tenancy.
I am satisfied that the landlord has proven his claim for outstanding water bills. Previous Order:
The parties were before the Tribunal for hearing on 8 November 2023 and an order was issued for rent arrears, water rates and filing fee. The bond was refunded to the landlord to offset the debt owed by the tenant to the landlord.
After the bond was deducted from the debt, there was a residual amount of $560.81 left owing. The tenant has not paid the outstanding balance due.
The previous order dated 8 November 2023, under application numbers 4726441, 4664972, 4715569 and 4727433, with an outstanding balance of $560.81 is incorporated into this order.

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 provided the Tribunal with photographs and an exit inspection report of the property at the end of the tenancy and an invoices for $420.00 for cleaning. The photos clearly show a property that was not left in a reasonably clean and tidy condition. There were pieces of broken glass on the carpets, rubbish left in boxes around the apartment and on the balcony, the carpet had a tomato smeared into it and flooring was stained. The toilet bowl was jammed with toilet paper.
The tenant did not return the keys. The landlord has provided the Tribunal with an invoice for $69.00 for the cost of a replacement key.
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: -The washing machine had a paint can and miscellaneous items left inside it. The washing machine was turned on and went through a cycle with these items and paint inside. The washing machine was destroyed. -Every remote for the heat pump and electronic blinds were removed from the property. The landlord had to have the blinds rekeyed and purchase new remotes. -The bathroom sink plugs were missing. -All the manuals for the appliances in the property were torn up and left on a pile on the floor. -The front door barrel and strike plate had been filled with glue. These needed to be replaced. -There were scratches on walls, doors, and the kitchen splashback.
The damage is more than fair wear and tear, and the tenant has not disproved liability for the damage.
As the property was extensively damaged the landlord needed to claim on his insurance. Insurance have fixed up the damage and replaced the missing items. The landlord is seeking to claim the insurance excess of $500.00.
The Tribunal has been provided with documentation from the Insurance Company with the excess paid by the landlord set out.
The amount of $500.00 for the insurance excess is proven.
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.
This is a new build property and was in immaculate condition at the start of the tenancy. The landlord has provided the Tribunal with photos of the pre let inspection. I am not considering depreciation given that the tenant is only being charged for the excess and not the cost of the repairs.
The bond has previously been released to cover an earlier order for rent arrears.
The landlord seek suppression of his name and details and as he has been successful, I will grant suppression.
Because [The applicant/s] has wholly succeeded with the claim I must reimburse the filing fee.

Tenancy Tribunal case 4743329 — Property damage at Unit/Flat 205, 155 Beaumont Street, Auckland Central,

At a glance

Tenancy Tribunal case 4743329 — Property damage at Unit/Flat 205, 155 Beaumont Street, Auckland Central,

At a glance

Award balance

Claims & awards

Order

Reasons

How much is owed for 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

Frequently asked questions

Award balance

Claims & awards

Order

Reasons

How much is owed for 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

Frequently asked questions