What was Tenancy Tribunal case 4753739 about?

The tribunal order states: The tenancy of James William Joseph Bray at 47 Yeovil Road, Te Atatu Peninsula,

How much money was awarded in case 4753739?

Individual award amounts are in the official MoJ PDF. Claim amounts appear on this page when claims and net totals reconcile.

What type of tenancy dispute was case 4753739?

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

Where can I read the official tribunal order for case 4753739?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/10261239-Tribunal_Order_Redacted.pdf.

What was Tenancy Tribunal case 4753739 about?

The tribunal order states: The tenancy of James William Joseph Bray at 47 Yeovil Road, Te Atatu Peninsula,

How much money was awarded in case 4753739?

Individual award amounts are in the official MoJ PDF. Claim amounts appear on this page when claims and net totals reconcile.

What type of tenancy dispute was case 4753739?

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

Where can I read the official tribunal order for case 4753739?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/10261239-Tribunal_Order_Redacted.pdf.

47 Yeovil Road, Te Atatu Peninsula, Auckland 0610 Tenancy Tribunal Case 4753739 — Property damage

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47 Yeovil Road, Te Atatu Peninsula, Auckland 0610 Tenancy Tribunal Case 4753739 — Property damage | TenantCheck

Order

The tenancy of James William Joseph Bray at 47 Yeovil Road, Te Atatu Peninsula, Auckland 0610 is terminated, and possession is granted to [The landlord/s], on 28 November 2023.
James William Joseph Bray must pay [The landlord/s] $4,470.44 immediately, calculated as shown in table below. DescriptionLandlord Rent arrears to 28 November 2023$1,550.00 Cleaning and glass repair$1,380.00 Rubbish removal$1,289.50 Repairs: walls and doors$2,150.50 Filing fee reimbursement$20.44 Total award$6,390.44 Bond-$1,920.00 Total payable by Tenant to Landlord$4,470.44
The Bond Centre is to pay the bond of $1,920.00 ([Bond number suppressed]) to [The landlord/s] immediately.

Reasons

On the landlord attended the hearing.
The landlord has applied for termination of the tenancy for abandonment, rent arrears, compensation and refund of the bond.

Should the tenancy be terminated?

The Tribunal may terminate the tenancy where the premises have been abandoned and rent is in arrear at the hearing date. See section 61 Residential Tenancies Act 1986. A tenancy is abandoned where the tenant leaves the premises without reasonable excuse, not intending to return or to meet their obligations, and fails to notify the landlord.
On 28 November 2023 the landlord became aware (or ought to have been aware) that the tenant had abandoned the premises, when he visited the premises to follow up on rent arrears. The landlord was advised by family members of the tenant that he had returned to live in Northland and would not be returning.
Because the premises have been abandoned, and rent is in arrear, the tenancy is terminated as at that date.
As I explained to the landlord at the hearing, he should have applied for an order terminating the tenancy, rather than taking possession back immediately. However, given the time between the date the premises was abandoned and the date of hearing, the tenant has benefitted in terms of a reduced rent arrears order.

How much does the tenant owe?

The landlord provided rent records which prove the amount owing at the end of the tenancy. The amount ordered does not include rent in lieu of notice, which was not sought by the landlord.

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.
The tenant did not leave the premises reasonably clean and tidy and did not remove all rubbish.
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.
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.
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. See Guo v Korck [2019] NZHC 1541.
The following damage was caused during the tenancy: a. Broken windows. b. Damage to internal and exterior doors. c. Damage to internal 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. Filing fee
Because [The landlord/s] has wholly succeeded with the claim I must reimburse the filing fee.

Order

The tenancy of James William Joseph Bray at 47 Yeovil Road, Te Atatu Peninsula, Auckland 0610 is terminated, and possession is granted to [The landlord/s], on 28 November 2023.
James William Joseph Bray must pay [The landlord/s] $4,470.44 immediately, calculated as shown in table below. DescriptionLandlord Rent arrears to 28 November 2023$1,550.00 Cleaning and glass repair$1,380.00 Rubbish removal$1,289.50 Repairs: walls and doors$2,150.50 Filing fee reimbursement$20.44 Total award$6,390.44 Bond-$1,920.00 Total payable by Tenant to Landlord$4,470.44
The Bond Centre is to pay the bond of $1,920.00 ([Bond number suppressed]) to [The landlord/s] immediately.

Reasons

On the landlord attended the hearing.
The landlord has applied for termination of the tenancy for abandonment, rent arrears, compensation and refund of the bond.

Should the tenancy be terminated?

The Tribunal may terminate the tenancy where the premises have been abandoned and rent is in arrear at the hearing date. See section 61 Residential Tenancies Act 1986. A tenancy is abandoned where the tenant leaves the premises without reasonable excuse, not intending to return or to meet their obligations, and fails to notify the landlord.
On 28 November 2023 the landlord became aware (or ought to have been aware) that the tenant had abandoned the premises, when he visited the premises to follow up on rent arrears. The landlord was advised by family members of the tenant that he had returned to live in Northland and would not be returning.
Because the premises have been abandoned, and rent is in arrear, the tenancy is terminated as at that date.
As I explained to the landlord at the hearing, he should have applied for an order terminating the tenancy, rather than taking possession back immediately. However, given the time between the date the premises was abandoned and the date of hearing, the tenant has benefitted in terms of a reduced rent arrears order.

How much does the tenant owe?

The landlord provided rent records which prove the amount owing at the end of the tenancy. The amount ordered does not include rent in lieu of notice, which was not sought by the landlord.

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.
The tenant did not leave the premises reasonably clean and tidy and did not remove all rubbish.
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.
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.
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. See Guo v Korck [2019] NZHC 1541.
The following damage was caused during the tenancy: a. Broken windows. b. Damage to internal and exterior doors. c. Damage to internal 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. Filing fee
Because [The landlord/s] has wholly succeeded with the claim I must reimburse the filing fee.

Tenancy Tribunal case 4753739 — Property damage at 47 Yeovil Road, Te Atatu Peninsula, Auckland 0610

Tenancy Tribunal case 4753739 — Property damage at 47 Yeovil Road, Te Atatu Peninsula, Auckland 0610

Order

Reasons

Should the tenancy be terminated?

How much does the tenant owe?

Did the tenant comply with their obligations at the end of the tenancy?

Is the tenant responsible for the damage to the premises?

Order

Reasons

Should the tenancy be terminated?

How much does the tenant owe?

Did the tenant comply with their obligations at the end of the tenancy?

Is the tenant responsible for the damage to the premises?