How much money was awarded in case 4773518?

Cleaning: $230.00 awarded to landlord; Filing Fee: $20.44 awarded to landlord; Lawns and Garden Work: $287.50 awarded to landlord; Lightbulbs: $287.50 awarded to landlord; Previous Order Application 4722589 D…: $2,396.03 awarded to landlord; (Broken Door: $230.00 awarded to landlord; (Change Alarm: $172.50 awarded to landlord; (Holes In Exterior Walls: $345.00 awarded to landlord; (Replace Broken Glass In Windows: $575.00 awarded to landlord; (Replace Broken Window Frame: $345.00 awarded to landlord; Property Damage: $230.00 awarded to landlord; (replace exterior slide on sliding d…: $402.50 awarded to landlord; Rubbish Removal: $488.75 awarded to landlord; Rubbish Removal: $467.84 awarded to landlord

What type of tenancy dispute was case 4773518?

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

Where can I read the official tribunal order for case 4773518?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/10276592-Tribunal_Order_Redacted.pdf.

How much money was awarded in case 4773518?

Cleaning: $230.00 awarded to landlord; Filing Fee: $20.44 awarded to landlord; Lawns and Garden Work: $287.50 awarded to landlord; Lightbulbs: $287.50 awarded to landlord; Previous Order Application 4722589 D…: $2,396.03 awarded to landlord; (Broken Door: $230.00 awarded to landlord; (Change Alarm: $172.50 awarded to landlord; (Holes In Exterior Walls: $345.00 awarded to landlord; (Replace Broken Glass In Windows: $575.00 awarded to landlord; (Replace Broken Window Frame: $345.00 awarded to landlord; Property Damage: $230.00 awarded to landlord; (replace exterior slide on sliding d…: $402.50 awarded to landlord; Rubbish Removal: $488.75 awarded to landlord; Rubbish Removal: $467.84 awarded to landlord

What type of tenancy dispute was case 4773518?

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

Where can I read the official tribunal order for case 4773518?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/10276592-Tribunal_Order_Redacted.pdf.

New Zealand Tenancy Tribunal Case 4773518 — Property damage

Q: What was Tenancy Tribunal case 4773518 about?

The tribunal order states: An application for suppression has been made in this case, and the Tribunal

Tenantcheck Insights

Claims and awards in Tenancy Tribunal application 4773518 — net $6,478.06 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Previous order application 4722589 dated 06/11/2023	$2,396.03	Previous order application 4722589 dated 06/11/2023
Repairs: (replace broken glass in windows	$575.00	Repairs: (replace broken glass in windows
Repairs: (replace broken window frame	$345.00	Repairs: (replace broken window frame
Repairs: (broken door	$230.00	Repairs: (broken door
Repairs: (change alarm	$172.50	Repairs: (change alarm
Repairs: (replace exterior slide on sliding door	$402.50	Repairs: (replace exterior slide on sliding door
Repairs: (holes in exterior walls	$345.00	Repairs: (holes in exterior walls
Cleaning	$230.00	Cleaning
Light bulbs/batteries: (Replace 5 bulbs	$287.50	Light bulbs/batteries: (Replace 5 bulbs
Rubbish removal	$488.75	Rubbish removal
Lawns and Garden work	$287.50	Lawns and Garden work
Repairs: (replace damaged curtains	$230.00	Repairs: (replace damaged curtains
Rubbish removal: (Green Gorilla Skip Bin	$467.84	Rubbish removal: (Green Gorilla Skip Bin
Filing fee reimbursement	$20.44	Filing fee reimbursement
Net award	$6,478.06
Total payable by Tenant to Landlord	$6,478.06

Claims and awards in Tenancy Tribunal application 4773518 — net $6,478.06 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.

Claim

Landlord

Tenant

Reason

Previous order application 4722589 dated 06/11/2023

$2,396.03

Previous order application 4722589 dated 06/11/2023

Repairs: (replace broken glass in windows

$575.00

Repairs: (replace broken glass in windows

Repairs: (replace broken window frame

$345.00

Repairs: (replace broken window frame

Repairs: (broken door

$230.00

Repairs: (broken door

Repairs: (change alarm

$172.50

Repairs: (change alarm

Repairs: (replace exterior slide on sliding door

$402.50

Repairs: (replace exterior slide on sliding door

Repairs: (holes in exterior walls

$345.00

Repairs: (holes in exterior walls

Cleaning

$230.00

Cleaning

Light bulbs/batteries: (Replace 5 bulbs

$287.50

Light bulbs/batteries: (Replace 5 bulbs

Rubbish removal

$488.75

Rubbish removal

Lawns and Garden work

$287.50

Lawns and Garden work

Repairs: (replace damaged curtains

$230.00

Repairs: (replace damaged curtains

Rubbish removal: (Green Gorilla Skip Bin

$467.84

Rubbish removal: (Green Gorilla Skip Bin

Filing fee reimbursement

$20.44

Filing fee reimbursement

Net award

$6,478.06

Total payable by Tenant to Landlord

$6,478.06

Order

An application for suppression has been made in this case, and the Tribunal orders suppression of the Landlord’s name and identifying details.

This order incorporates the Tribunal order made on 6 November 2023 under application 4722589.

Feao Kalavi must pay [The landlord] $6,478.06 immediately, calculated as shown in table below.

Reasons

The landlord attended the hearing. The tenant did not.

I am satisfied that the tenant had received proper notice of the hearing time, date and place and chose not to attend.

On 6 November 2023 the Tribunal made an order relating to this tenancy, for rent arrears of 4,085.71 water rates of $489.88, refund of the $2,200.00 bond and the filing fee of $20.44. The previous order is incorporated into this order for enforcement purposes. The amount still owing from this order is $2,396.03.

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

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 lawns wee not mowed and the yard was left in an untidy and unkempt state.

The tenant did not return the keys and the security alarm had to be changed.

The landlord had to replace light bulbs.

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: a. Broken windows; b. Damaged window frames; c. Damaged doors; d. Slide on exterior sliding door damaged; e. Holes in the interior and exterior walls of the house; and f. Damaged curtains.

The damage is more than fair wear and tear, and the tenant has not disproved liability for the damage.

The amounts ordered are proved.

I have considered 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 considered the age and condition of the items at the start of the tenancy and their likely useful lifespan. Reimbursement of the filing fee

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

Claims and awards in Tenancy Tribunal application 4773518 — net $6,478.06 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Previous order application 4722589 dated 06/11/2023	$2,396.03	Previous order application 4722589 dated 06/11/2023
Repairs: (replace broken glass in windows	$575.00	Repairs: (replace broken glass in windows
Repairs: (replace broken window frame	$345.00	Repairs: (replace broken window frame
Repairs: (broken door	$230.00	Repairs: (broken door
Repairs: (change alarm	$172.50	Repairs: (change alarm
Repairs: (replace exterior slide on sliding door	$402.50	Repairs: (replace exterior slide on sliding door
Repairs: (holes in exterior walls	$345.00	Repairs: (holes in exterior walls
Cleaning	$230.00	Cleaning
Light bulbs/batteries: (Replace 5 bulbs	$287.50	Light bulbs/batteries: (Replace 5 bulbs
Rubbish removal	$488.75	Rubbish removal
Lawns and Garden work	$287.50	Lawns and Garden work
Repairs: (replace damaged curtains	$230.00	Repairs: (replace damaged curtains
Rubbish removal: (Green Gorilla Skip Bin	$467.84	Rubbish removal: (Green Gorilla Skip Bin
Filing fee reimbursement	$20.44	Filing fee reimbursement
Net award	$6,478.06
Total payable by Tenant to Landlord	$6,478.06

Claims and awards in Tenancy Tribunal application 4773518 — net $6,478.06 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.

Claim

Landlord

Tenant

Reason

Previous order application 4722589 dated 06/11/2023

$2,396.03

Previous order application 4722589 dated 06/11/2023

Repairs: (replace broken glass in windows

$575.00

Repairs: (replace broken glass in windows

Repairs: (replace broken window frame

$345.00

Repairs: (replace broken window frame

Repairs: (broken door

$230.00

Repairs: (broken door

Repairs: (change alarm

$172.50

Repairs: (change alarm

Repairs: (replace exterior slide on sliding door

$402.50

Repairs: (replace exterior slide on sliding door

Repairs: (holes in exterior walls

$345.00

Repairs: (holes in exterior walls

Cleaning

$230.00

Cleaning

Light bulbs/batteries: (Replace 5 bulbs

$287.50

Light bulbs/batteries: (Replace 5 bulbs

Rubbish removal

$488.75

Rubbish removal

Lawns and Garden work

$287.50

Lawns and Garden work

Repairs: (replace damaged curtains

$230.00

Repairs: (replace damaged curtains

Rubbish removal: (Green Gorilla Skip Bin

$467.84

Rubbish removal: (Green Gorilla Skip Bin

Filing fee reimbursement

$20.44

Filing fee reimbursement

Net award

$6,478.06

Total payable by Tenant to Landlord

$6,478.06

Order

An application for suppression has been made in this case, and the Tribunal orders suppression of the Landlord’s name and identifying details.

This order incorporates the Tribunal order made on 6 November 2023 under application 4722589.

Feao Kalavi must pay [The landlord] $6,478.06 immediately, calculated as shown in table below.

Reasons

The landlord attended the hearing. The tenant did not.

I am satisfied that the tenant had received proper notice of the hearing time, date and place and chose not to attend.

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

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

The tenant did not leave the premises reasonably clean and tidy and did not remove all rubbish.

The lawns wee not mowed and the yard was left in an untidy and unkempt state.

The tenant did not return the keys and the security alarm had to be changed.

The landlord had to replace light bulbs.

The amounts ordered are proved.

Is the tenant responsible for the damage to the premises?

The damage is more than fair wear and tear, and the tenant has not disproved liability for the damage.

The amounts ordered are proved.

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

Tenancy Tribunal case 4773518 — Property damage

At a glance

Tenancy Tribunal case 4773518 — Property damage

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

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

Frequently asked questions