What was Tenancy Tribunal case 4754930 about?

The tribunal order states: Jessica Leaunanae and Mika Leaunanae must pay [The landlord/s] $1,665.72

How much money was awarded in case 4754930?

Filing Fee: $20.44 awarded to landlord; Back Door: $230.00 awarded to landlord; Property Damage: $862.50 awarded to landlord; Rubbish Removal: $517.50 awarded to landlord; Water Rates: $35.28 awarded to landlord

What type of tenancy dispute was case 4754930?

The primary dispute was Property damage.

Where can I read the official tribunal order for case 4754930?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/9945926-Tribunal_Order_Redacted.pdf.

What was Tenancy Tribunal case 4754930 about?

The tribunal order states: Jessica Leaunanae and Mika Leaunanae must pay [The landlord/s] $1,665.72

How much money was awarded in case 4754930?

Filing Fee: $20.44 awarded to landlord; Back Door: $230.00 awarded to landlord; Property Damage: $862.50 awarded to landlord; Rubbish Removal: $517.50 awarded to landlord; Water Rates: $35.28 awarded to landlord

What type of tenancy dispute was case 4754930?

The primary dispute was Property damage.

Where can I read the official tribunal order for case 4754930?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/9945926-Tribunal_Order_Redacted.pdf.

26 Balloch Street, Randwick Park, Auckland 2105 Tenancy Tribunal Case 4754930 — Property damage

Reasons

Claims and awards in Tenancy Tribunal application 4754930 — net $1,665.72 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Water rates	$35.28	Water rates
Filing fee reimbursement	$20.44	Filing fee reimbursement
Repairs: Front door (replacement	$862.50	Repairs: Front door (replacement
Repairs: Back door	$230.00	Repairs: Back door
Rubbish removal and lawns/gardens	$517.50	Rubbish removal and lawns/gardens
Net award	$1,665.72
Total payable by Tenant to Landlord	$1,665.72

The landlord attended the hearing. There was no appearance by the tenants.

The landlord has applied for water, compensation, and reimbursement of the filing fee following the end of the tenancy.

The bond has already been released to the landlord and by prior agreement the tenants used to offset rent arrears and the bulk of water rates. This claim sought orders for compensation above the bond amount.

How much is owed for water rates?

The landlord provided water rates invoices which prove the amount owing at the end of the tenancy was $35.28. Prior invoices had been estimates but the amount awarded here is based on a final meter read.

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 tenants did not remove all rubbish. The lawns and gardens required effort and cost to return them to a reasonable standard.

The landlord provided an invoice that was supported by a series of photographs of before and after the tenancy. These evidence the need and confirm the cost incurred is reasonable.

The amount ordered is proved and awarded.

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 (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.

During the tenancy the tenants’ dog persistently scratched the exterior of both front and back doors. Photographs evidence the extent. The landlord was advised the damage to the front door was not repairable and replacement was the better approach. The front door appears in very good condition at the commencement of the tenancy. Given that, I accept the invoiced cost of $862.50 as a tenant liability and award the full amount. The back door only required repair and repainting. The back door at the commencement of the tenancy was already demonstrating some age in its condition. I have therefore determined it appropriate to make a partial award to reflect the effort of repair but leave the repainting cost with the landlord. The adjusted amount to be paid by the tenant is $230.00.

The damage is more than fair wear and tear, and the tenant has not disproved liability for the damage. I note other photos show signs of interior damage that may have been caused by the tenants but no compensation has been sought by the landlord given a renovation took place before the next tenancy commenced.

The amounts ordered are proved. Application filing fee

Because [The applicant/s] has wholly succeeded with the claim I must reimburse the filing fee. Suppression

Section 95A RTA states regarding suppression orders that the Tribunal must, on the application of a party that has wholly or substantially succeeded in proceedings, order that the party’s name or identifying particulars not be published, unless the Tribunal considers that publication is in the public interest or is justified because of the party’s conduct or any other circumstances of the case.

The landlord requested suppression in its application. As it has been wholly successful, suppression is ordered.

Claims and awards in Tenancy Tribunal application 4754930 — net $1,665.72 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Water rates	$35.28	Water rates
Filing fee reimbursement	$20.44	Filing fee reimbursement
Repairs: Front door (replacement	$862.50	Repairs: Front door (replacement
Repairs: Back door	$230.00	Repairs: Back door
Rubbish removal and lawns/gardens	$517.50	Rubbish removal and lawns/gardens
Net award	$1,665.72
Total payable by Tenant to Landlord	$1,665.72

Order

Jessica Leaunanae and Mika Leaunanae must pay [The landlord/s] $1,665.72 immediately, calculated as shown in table below.

Reasons

The landlord attended the hearing. There was no appearance by the tenants.
The landlord has applied for water, compensation, and reimbursement of the filing fee following the end of the tenancy.
The bond has already been released to the landlord and by prior agreement the tenants used to offset rent arrears and the bulk of water rates. This claim sought orders for compensation above the bond amount.

How much is owed for water rates?

The landlord provided water rates invoices which prove the amount owing at the end of the tenancy was $35.28. Prior invoices had been estimates but the amount awarded here is based on a final meter read.

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 tenants did not remove all rubbish. The lawns and gardens required effort and cost to return them to a reasonable standard.
The landlord provided an invoice that was supported by a series of photographs of before and after the tenancy. These evidence the need and confirm the cost incurred is reasonable.
The amount ordered is proved and awarded.

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 (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.
During the tenancy the tenants’ dog persistently scratched the exterior of both front and back doors. Photographs evidence the extent. The landlord was advised the damage to the front door was not repairable and replacement was the better approach. The front door appears in very good condition at the commencement of the tenancy. Given that, I accept the invoiced cost of $862.50 as a tenant liability and award the full amount. The back door only required repair and repainting. The back door at the commencement of the tenancy was already demonstrating some age in its condition. I have therefore determined it appropriate to make a partial award to reflect the effort of repair but leave the repainting cost with the landlord. The adjusted amount to be paid by the tenant is $230.00.
The damage is more than fair wear and tear, and the tenant has not disproved liability for the damage. I note other photos show signs of interior damage that may have been caused by the tenants but no compensation has been sought by the landlord given a renovation took place before the next tenancy commenced.
The amounts ordered are proved. Application filing fee
Because [The applicant/s] has wholly succeeded with the claim I must reimburse the filing fee. Suppression
Section 95A RTA states regarding suppression orders that the Tribunal must, on the application of a party that has wholly or substantially succeeded in proceedings, order that the party’s name or identifying particulars not be published, unless the Tribunal considers that publication is in the public interest or is justified because of the party’s conduct or any other circumstances of the case.
The landlord requested suppression in its application. As it has been wholly successful, suppression is ordered.

Tenancy Tribunal case 4754930 — Property damage at 26 Balloch Street, Randwick Park, Auckland 2105

At a glance

Tenancy Tribunal case 4754930 — Property damage at 26 Balloch Street, Randwick Park, Auckland 2105

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