What was the outcome of Tenancy Tribunal case 4774165?

The tribunal order states: The tenancy of Kanavale Palu at Unit/Flat 10C, 113 Vincent Street, Auckland

How much money was awarded in case 4774165?

Rubbish Removal: $98.75 awarded to landlord; Cleaning: $228.75 awarded to landlord; Cleaning: $128.75 awarded to landlord; Cleaning: $448.75 awarded to landlord; Compensation: $188.75 awarded to landlord; Compensation: $128.75 awarded to landlord; Filing Fee: $20.44 awarded to landlord; justing the camera in the lift on 10…: $258.75 awarded to landlord; Remove rocks from front entranceway…: $200.00 awarded to landlord; fix holes in hallway from fight inci…: $143.75 awarded to landlord; to hallway wall after electric scoot…: $201.25 awarded to landlord; to internet modem in hallway from 31…: $138.00 awarded to landlord

What type of tenancy dispute was case 4774165?

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

Where can I read the official tribunal order for case 4774165?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/10195145-Tribunal_Order.pdf.

What was the outcome of Tenancy Tribunal case 4774165?

The tribunal order states: The tenancy of Kanavale Palu at Unit/Flat 10C, 113 Vincent Street, Auckland

How much money was awarded in case 4774165?

Rubbish Removal: $98.75 awarded to landlord; Cleaning: $228.75 awarded to landlord; Cleaning: $128.75 awarded to landlord; Cleaning: $448.75 awarded to landlord; Compensation: $188.75 awarded to landlord; Compensation: $128.75 awarded to landlord; Filing Fee: $20.44 awarded to landlord; justing the camera in the lift on 10…: $258.75 awarded to landlord; Remove rocks from front entranceway…: $200.00 awarded to landlord; fix holes in hallway from fight inci…: $143.75 awarded to landlord; to hallway wall after electric scoot…: $201.25 awarded to landlord; to internet modem in hallway from 31…: $138.00 awarded to landlord

What type of tenancy dispute was case 4774165?

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

Where can I read the official tribunal order for case 4774165?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/10195145-Tribunal_Order.pdf.

Unit/Flat 10C, 113 Vincent Street, Auckland Central, Tenancy Tribunal Case 4774165 — Cleanliness

Claims and awards in Tenancy Tribunal application 4774165 — net $464.69 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Repairs: to internet modem in hallway from 31/08/23 incident	$138.00	Repairs: to internet modem in hallway from 31/08/23 incident
Repairs: to hallway wall after electric scooter knock corner off on 31/10/23	$201.25	Repairs: to hallway wall after electric scooter knock corner off on 31/10/23
Repairs: fix holes in hallway from fight incident on 10/11/23 INV12/12/23 incident	$143.75	Repairs: fix holes in hallway from fight incident on 10/11/23 INV12/12/23 incident
Remove rocks from front entranceway used to jam door open- at 6:50am and 8:40am on 17 /11/23	$200.00	Remove rocks from front entranceway used to jam door open- at 6:50am and 8:40am on 17 /11/23
Cleaning: Blood stains from hallway on level 10 after 10/11/23 fight	$448.75	Cleaning: Blood stains from hallway on level 10 after 10/11/23 fight
Carpet Cleaning: Remove rocks from front entranceway used to jam door open- at 3:13am on 5/12/23 on 17/11/23	$228.75	Carpet Cleaning: Remove rocks from front entranceway used to jam door open- at 3:13am on 5/12/23 on 17/11/23
Compensation for fine from body corporate for breaking the body corporate rules- INV2287 dated 13/12/23	$188.75	Compensation for fine from body corporate for breaking the body corporate rules- INV2287 dated 13/12/23
justing the camera in the lift on 10/11/23 at 7:53pm without consent on 10/11/23 before the fight the tenant's friend ad	$258.75	justing the camera in the lift on 10/11/23 at 7:53pm without consent on 10/11/23 before the fight the tenant's friend ad
Clean lip stick and finger marks off the lift wall on 2/1/24	$128.75	Clean lip stick and finger marks off the lift wall on 2/1/24
______________________________________________________________ 47741652 Rubbish removal: left in hallway by friend of te	$98.75	______________________________________________________________ 47741652 Rubbish removal: left in hallway by friend of te
Compensation for fine from body corporate for breaking the body corporate rules- INV2287 dated 08/12/23	$128.75	Compensation for fine from body corporate for breaking the body corporate rules- INV2287 dated 08/12/23
Filing fee reimbursement	$20.44	Filing fee reimbursement
Net award	$464.69
Total payable by Tenant to Landlord	$464.69

Claims and awards in Tenancy Tribunal application 4774165 — net $464.69 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.

Claim

Landlord

Tenant

Reason

Repairs: to internet modem in hallway from 31/08/23 incident

$138.00

Repairs: to internet modem in hallway from 31/08/23 incident

Repairs: to hallway wall after electric scooter knock corner off on 31/10/23

$201.25

Repairs: to hallway wall after electric scooter knock corner off on 31/10/23

Repairs: fix holes in hallway from fight incident on 10/11/23 INV12/12/23 incident

$143.75

Repairs: fix holes in hallway from fight incident on 10/11/23 INV12/12/23 incident

Remove rocks from front entranceway used to jam door open- at 6:50am and 8:40am on 17 /11/23

$200.00

Remove rocks from front entranceway used to jam door open- at 6:50am and 8:40am on 17 /11/23

Cleaning: Blood stains from hallway on level 10 after 10/11/23 fight

$448.75

Cleaning: Blood stains from hallway on level 10 after 10/11/23 fight

Carpet Cleaning: Remove rocks from front entranceway used to jam door open- at 3:13am on 5/12/23 on 17/11/23

$228.75

Carpet Cleaning: Remove rocks from front entranceway used to jam door open- at 3:13am on 5/12/23 on 17/11/23

Compensation for fine from body corporate for breaking the body corporate rules- INV2287 dated 13/12/23

$188.75

Compensation for fine from body corporate for breaking the body corporate rules- INV2287 dated 13/12/23

justing the camera in the lift on 10/11/23 at 7:53pm without consent on 10/11/23 before the fight the tenant's friend ad

$258.75

justing the camera in the lift on 10/11/23 at 7:53pm without consent on 10/11/23 before the fight the tenant's friend ad

Clean lip stick and finger marks off the lift wall on 2/1/24

$128.75

Clean lip stick and finger marks off the lift wall on 2/1/24

______________________________________________________________ 47741652 Rubbish removal: left in hallway by friend of te

$98.75

______________________________________________________________ 47741652 Rubbish removal: left in hallway by friend of te

Compensation for fine from body corporate for breaking the body corporate rules- INV2287 dated 08/12/23

$128.75

Compensation for fine from body corporate for breaking the body corporate rules- INV2287 dated 08/12/23

Filing fee reimbursement

$20.44

Filing fee reimbursement

Net award

$464.69

Total payable by Tenant to Landlord

$464.69

Order

The tenancy of Kanavale Palu at Unit/Flat 10C, 113 Vincent Street, Auckland Central, Auckland 1010 is terminated, and possession is granted to The Rent Shop Auckland City Limited As Agent For Jia Lin Jia, at 11:59pm on Sunday 14 April 2024.

Kanavale Palu must pay The Rent Shop Auckland City Limited As Agent For Jia Lin Jia $464.69 immediately, calculated as shown in table below.

The Bond Centre is to pay the bond of $1,720.00 (5550543-009) to The Rent Shop Auckland City Limited As Agent For Jia Lin Jia immediately.

Reasons

Both parties attended the hearing.

The tenancy is for a12 month fixed term commencing on 26 August 2023 and ending on 22 August 2024.

The landlord has applied for termination of the fixed term tenancy for breach of the tenant’s statutory and tenancy agreement based obligations, compensation for damages caused by his and his friends anti-social behaviour, refund of the bond and reimbursement of the filing fee.

The evidence given by both parties during the hearing proves the tenant has: a. Intentionally or carelessly damaged, or permitted any other person to damage the premises on a number of occasions, in breach of s40(2)(a) of the Residential Tenancies Act 1986 (RTA); b. Caused or permitted interference with the reasonable peace, comfort, or privacy of any of the landlord’s other tenants in the use of the premises occupied by those other tenants, or with the reasonable peace, comfort, or privacy of any other person residing in the neighbourhood in breach of s40(2)(a) of the RTA; and c. Caused, or has permitted any other person to cause, or has threatened to cause, substantial damage to the premises in breach of s55(1)(b) of the RTA.

The landlord provided video and photographic evidence of the tenant’s breaches outlined in paragraph 6 above and invoices for the costs it has incurred to remediate the damage caused by the tenant or other persons in the apartment block with the tenant’s consent and for the penalties it has had to pay to the body corporate for the tenant’s breaches of the Body Corporate Rules.

Should the tenancy be terminated?

The Tribunal may terminate a tenancy for breach where, due to the nature or extent of the breach, it would be inequitable to refuse to terminate. See section 56(1) of the RTA.

Where the breaches are not capable of remedy, the landlord is not expressly required to serve a 14-day breach notice on the tenant. A breach is not capable to remedy where the thing done, or its effect, cannot be undone. The tenant’s breaches are largely things that are no longer capable of remedy and were remedied very quickly after they occurred by the Building Manager and billed to the landlord.

The evidence traversed during the hearing today proves tenant: a. Had a friend over to the apartment on 31 August 2023 to help him move in, who caused significant damage to the internet modem for the apartments on the tenant’s floor (level 10) for which the landlord was charged $138.00 to repair. The tenant was issued a 14-day notice to remedy this on 4 September 2023 but has not reimbursed the landlord for this loss; b. Had friends over to the apartment that caused significant damage to the corner of the hallway wall outside of the apartment at 11:32pm on 7 September 2023 by carelessly banging an electric scooter into the hallway wall on level 10 and knocking a big hunk of plaster out of the wall. The wall repairs cost the landlord $201.25 and the tenant was issued a 14-day notice to remedy this breach on 19 September 2023 but has not reimbursed the landlord for this loss.; c. Had a friend over on 10 November 2023 that he was engaging in a verbal argument with as they went through the apartment building and the argument ended with the tenant inciting the friend to such anger that the friend committed physical assault on him in the hallway of level 10 causing holes in the hallway wall and blood splatter up the wall and on the floor. The tenant confirmed he was hospitalised and the Police laid charges against the friend for assault. This altercation disturbed the peace and quiet enjoyment of the landlord’s other tenants and of the other residents in the apartment building. The wall repairs cost the landlord $143.75 and the cleaning cost $448.75. This incident resulted in the tenant being issued with a 14-day notice to remedy this breach on 14 November 2023 but he has never reimbursed the landlord for these losses; d. Had a friend over on 10 November 2023 that adjusted the camera in the apartment lift without consent just before the fight that erupted between them. This cost the landlord $258.75 to remedy; e. Went outside to have a cigarette on 17 November 2023 at 6:50am and 8:40am and took stones from the front garden and used them to jam open the front entrance door. He left the stones in the doorway for at least 20 minutes on both occasions and failed to remove them each time he went back upstairs to his apartment. The tenant was issued a 14-day notice to remedy this breach on 20 November 2023. The landlord was fined $128.75 by the Body Corporate for the tenant’s breach of its rules and incurred a further cost of $228.75 to have the stones removed to preserve the security of the building; f. Went outside to have a cigarette on 5 December 2023 at 3:13am and took stones from the front garden and used them to jam open the front entrance door. He left the stones in the doorway for at least 20 minutes and then failed to remove them when he went back upstairs to his apartment. The tenant was issued a 14-day notice to remedy this breach on 8 December 2023. The landlord was fined $188.75 by the Body Corporate for the tenant’s breach of its rules and incurred a further cost of $200.00 to have the stones removed to preserve the security of the building; g. The tenant had another friend over on 2 January 2024 that placed her lips covered in lipstick on the wall of the lift and them smeared the lipstick all over the lift wall. The landlord was charged $128.75 to clean lip stick and finger marks off the lift wall. The tenant confirmed he was aware of this intentional act and it was “just a young friend mucking around”; h. The tenant’s friend also left a bag of rubbish in the hallway of level 10 on 14 February 2024 that had to be removed by the Building Manager for which the landlord was charged $98.75. The tenant confirmed he was aware of this, and it was just a young friend mucking around.

In explanation, the tenant; a. Accepted the damage that had been caused by him or friends of his that were in the apartment building with his consent and for whom he was responsible; b. Stated that “he and his friends are young” and the “anti-social behaviour” complained by the landlord of is “to be expected” because he is “still in his youth”.

However, unless the breaches are serious, the Tribunal usually requires the landlord to have warned the tenant about the likely consequences of continued breach before it will exercise its discretion to terminate.

Given the nature and extent of the tenant’s breaches. his attitude towards the breaches, his unwillingness and inability to compensate the landlord for the ongoing losses it is having to absorb as a result of the tenant’s anti-social conduct and significant damage to the property, I am satisfied it would be inequitable to refuse to terminate the tenancy

The landlord has applied for termination of the tenancy for breach of the tenant’s obligations, rent arrears and refund of the bond.

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 damage described in sub paragraphs 11(a) to (h) and the tenant’s explanations in paragraph 12 prove the damage is more than fair wear and tear, and the tenant liable for the damage. He did not provide any evidence that 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 Rent Shop Auckland City Limited As Agent For Jia Lin Jia has wholly succeeded with the claim I must reimburse the filing fee.

Claims and awards in Tenancy Tribunal application 4774165 — net $464.69 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Repairs: to internet modem in hallway from 31/08/23 incident	$138.00	Repairs: to internet modem in hallway from 31/08/23 incident
Repairs: to hallway wall after electric scooter knock corner off on 31/10/23	$201.25	Repairs: to hallway wall after electric scooter knock corner off on 31/10/23
Repairs: fix holes in hallway from fight incident on 10/11/23 INV12/12/23 incident	$143.75	Repairs: fix holes in hallway from fight incident on 10/11/23 INV12/12/23 incident
Remove rocks from front entranceway used to jam door open- at 6:50am and 8:40am on 17 /11/23	$200.00	Remove rocks from front entranceway used to jam door open- at 6:50am and 8:40am on 17 /11/23
Cleaning: Blood stains from hallway on level 10 after 10/11/23 fight	$448.75	Cleaning: Blood stains from hallway on level 10 after 10/11/23 fight
Carpet Cleaning: Remove rocks from front entranceway used to jam door open- at 3:13am on 5/12/23 on 17/11/23	$228.75	Carpet Cleaning: Remove rocks from front entranceway used to jam door open- at 3:13am on 5/12/23 on 17/11/23
Compensation for fine from body corporate for breaking the body corporate rules- INV2287 dated 13/12/23	$188.75	Compensation for fine from body corporate for breaking the body corporate rules- INV2287 dated 13/12/23
justing the camera in the lift on 10/11/23 at 7:53pm without consent on 10/11/23 before the fight the tenant's friend ad	$258.75	justing the camera in the lift on 10/11/23 at 7:53pm without consent on 10/11/23 before the fight the tenant's friend ad
Clean lip stick and finger marks off the lift wall on 2/1/24	$128.75	Clean lip stick and finger marks off the lift wall on 2/1/24
______________________________________________________________ 47741652 Rubbish removal: left in hallway by friend of te	$98.75	______________________________________________________________ 47741652 Rubbish removal: left in hallway by friend of te
Compensation for fine from body corporate for breaking the body corporate rules- INV2287 dated 08/12/23	$128.75	Compensation for fine from body corporate for breaking the body corporate rules- INV2287 dated 08/12/23
Filing fee reimbursement	$20.44	Filing fee reimbursement
Net award	$464.69
Total payable by Tenant to Landlord	$464.69

Claims and awards in Tenancy Tribunal application 4774165 — net $464.69 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.

Claim

Landlord

Tenant

Reason

Repairs: to internet modem in hallway from 31/08/23 incident

$138.00

Repairs: to internet modem in hallway from 31/08/23 incident

Repairs: to hallway wall after electric scooter knock corner off on 31/10/23

$201.25

Repairs: to hallway wall after electric scooter knock corner off on 31/10/23

Repairs: fix holes in hallway from fight incident on 10/11/23 INV12/12/23 incident

$143.75

Repairs: fix holes in hallway from fight incident on 10/11/23 INV12/12/23 incident

Remove rocks from front entranceway used to jam door open- at 6:50am and 8:40am on 17 /11/23

$200.00

Remove rocks from front entranceway used to jam door open- at 6:50am and 8:40am on 17 /11/23

Cleaning: Blood stains from hallway on level 10 after 10/11/23 fight

$448.75

Cleaning: Blood stains from hallway on level 10 after 10/11/23 fight

Carpet Cleaning: Remove rocks from front entranceway used to jam door open- at 3:13am on 5/12/23 on 17/11/23

$228.75

Carpet Cleaning: Remove rocks from front entranceway used to jam door open- at 3:13am on 5/12/23 on 17/11/23

Compensation for fine from body corporate for breaking the body corporate rules- INV2287 dated 13/12/23

$188.75

Compensation for fine from body corporate for breaking the body corporate rules- INV2287 dated 13/12/23

justing the camera in the lift on 10/11/23 at 7:53pm without consent on 10/11/23 before the fight the tenant's friend ad

$258.75

justing the camera in the lift on 10/11/23 at 7:53pm without consent on 10/11/23 before the fight the tenant's friend ad

Clean lip stick and finger marks off the lift wall on 2/1/24

$128.75

Clean lip stick and finger marks off the lift wall on 2/1/24

______________________________________________________________ 47741652 Rubbish removal: left in hallway by friend of te

$98.75

______________________________________________________________ 47741652 Rubbish removal: left in hallway by friend of te

Compensation for fine from body corporate for breaking the body corporate rules- INV2287 dated 08/12/23

$128.75

Compensation for fine from body corporate for breaking the body corporate rules- INV2287 dated 08/12/23

Filing fee reimbursement

$20.44

Filing fee reimbursement

Net award

$464.69

Total payable by Tenant to Landlord

$464.69

Order

The tenancy of Kanavale Palu at Unit/Flat 10C, 113 Vincent Street, Auckland Central, Auckland 1010 is terminated, and possession is granted to The Rent Shop Auckland City Limited As Agent For Jia Lin Jia, at 11:59pm on Sunday 14 April 2024.
Kanavale Palu must pay The Rent Shop Auckland City Limited As Agent For Jia Lin Jia $464.69 immediately, calculated as shown in table below.
The Bond Centre is to pay the bond of $1,720.00 (5550543-009) to The Rent Shop Auckland City Limited As Agent For Jia Lin Jia immediately.

Reasons

Both parties attended the hearing.
The tenancy is for a12 month fixed term commencing on 26 August 2023 and ending on 22 August 2024.
The landlord has applied for termination of the fixed term tenancy for breach of the tenant’s statutory and tenancy agreement based obligations, compensation for damages caused by his and his friends anti-social behaviour, refund of the bond and reimbursement of the filing fee.
The evidence given by both parties during the hearing proves the tenant has: a. Intentionally or carelessly damaged, or permitted any other person to damage the premises on a number of occasions, in breach of s40(2)(a) of the Residential Tenancies Act 1986 (RTA); b. Caused or permitted interference with the reasonable peace, comfort, or privacy of any of the landlord’s other tenants in the use of the premises occupied by those other tenants, or with the reasonable peace, comfort, or privacy of any other person residing in the neighbourhood in breach of s40(2)(a) of the RTA; and c. Caused, or has permitted any other person to cause, or has threatened to cause, substantial damage to the premises in breach of s55(1)(b) of the RTA.
The landlord provided video and photographic evidence of the tenant’s breaches outlined in paragraph 6 above and invoices for the costs it has incurred to remediate the damage caused by the tenant or other persons in the apartment block with the tenant’s consent and for the penalties it has had to pay to the body corporate for the tenant’s breaches of the Body Corporate Rules.

Should the tenancy be terminated?

The Tribunal may terminate a tenancy for breach where, due to the nature or extent of the breach, it would be inequitable to refuse to terminate. See section 56(1) of the RTA.
Where the breaches are not capable of remedy, the landlord is not expressly required to serve a 14-day breach notice on the tenant. A breach is not capable to remedy where the thing done, or its effect, cannot be undone. The tenant’s breaches are largely things that are no longer capable of remedy and were remedied very quickly after they occurred by the Building Manager and billed to the landlord.
The evidence traversed during the hearing today proves tenant: a. Had a friend over to the apartment on 31 August 2023 to help him move in, who caused significant damage to the internet modem for the apartments on the tenant’s floor (level 10) for which the landlord was charged $138.00 to repair. The tenant was issued a 14-day notice to remedy this on 4 September 2023 but has not reimbursed the landlord for this loss; b. Had friends over to the apartment that caused significant damage to the corner of the hallway wall outside of the apartment at 11:32pm on 7 September 2023 by carelessly banging an electric scooter into the hallway wall on level 10 and knocking a big hunk of plaster out of the wall. The wall repairs cost the landlord $201.25 and the tenant was issued a 14-day notice to remedy this breach on 19 September 2023 but has not reimbursed the landlord for this loss.; c. Had a friend over on 10 November 2023 that he was engaging in a verbal argument with as they went through the apartment building and the argument ended with the tenant inciting the friend to such anger that the friend committed physical assault on him in the hallway of level 10 causing holes in the hallway wall and blood splatter up the wall and on the floor. The tenant confirmed he was hospitalised and the Police laid charges against the friend for assault. This altercation disturbed the peace and quiet enjoyment of the landlord’s other tenants and of the other residents in the apartment building. The wall repairs cost the landlord $143.75 and the cleaning cost $448.75. This incident resulted in the tenant being issued with a 14-day notice to remedy this breach on 14 November 2023 but he has never reimbursed the landlord for these losses; d. Had a friend over on 10 November 2023 that adjusted the camera in the apartment lift without consent just before the fight that erupted between them. This cost the landlord $258.75 to remedy; e. Went outside to have a cigarette on 17 November 2023 at 6:50am and 8:40am and took stones from the front garden and used them to jam open the front entrance door. He left the stones in the doorway for at least 20 minutes on both occasions and failed to remove them each time he went back upstairs to his apartment. The tenant was issued a 14-day notice to remedy this breach on 20 November 2023. The landlord was fined $128.75 by the Body Corporate for the tenant’s breach of its rules and incurred a further cost of $228.75 to have the stones removed to preserve the security of the building; f. Went outside to have a cigarette on 5 December 2023 at 3:13am and took stones from the front garden and used them to jam open the front entrance door. He left the stones in the doorway for at least 20 minutes and then failed to remove them when he went back upstairs to his apartment. The tenant was issued a 14-day notice to remedy this breach on 8 December 2023. The landlord was fined $188.75 by the Body Corporate for the tenant’s breach of its rules and incurred a further cost of $200.00 to have the stones removed to preserve the security of the building; g. The tenant had another friend over on 2 January 2024 that placed her lips covered in lipstick on the wall of the lift and them smeared the lipstick all over the lift wall. The landlord was charged $128.75 to clean lip stick and finger marks off the lift wall. The tenant confirmed he was aware of this intentional act and it was “just a young friend mucking around”; h. The tenant’s friend also left a bag of rubbish in the hallway of level 10 on 14 February 2024 that had to be removed by the Building Manager for which the landlord was charged $98.75. The tenant confirmed he was aware of this, and it was just a young friend mucking around.
In explanation, the tenant; a. Accepted the damage that had been caused by him or friends of his that were in the apartment building with his consent and for whom he was responsible; b. Stated that “he and his friends are young” and the “anti-social behaviour” complained by the landlord of is “to be expected” because he is “still in his youth”.
However, unless the breaches are serious, the Tribunal usually requires the landlord to have warned the tenant about the likely consequences of continued breach before it will exercise its discretion to terminate.
Given the nature and extent of the tenant’s breaches. his attitude towards the breaches, his unwillingness and inability to compensate the landlord for the ongoing losses it is having to absorb as a result of the tenant’s anti-social conduct and significant damage to the property, I am satisfied it would be inequitable to refuse to terminate the tenancy
The landlord has applied for termination of the tenancy for breach of the tenant’s obligations, rent arrears and refund of the bond.

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 damage described in sub paragraphs 11(a) to (h) and the tenant’s explanations in paragraph 12 prove the damage is more than fair wear and tear, and the tenant liable for the damage. He did not provide any evidence that 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 Rent Shop Auckland City Limited As Agent For Jia Lin Jia has wholly succeeded with the claim I must reimburse the filing fee.

Tenancy Tribunal case 4774165 — Cleanliness at Unit/Flat 10C, 113 Vincent Street, Auckland Central,

At a glance

Tenancy Tribunal case 4774165 — Cleanliness at Unit/Flat 10C, 113 Vincent Street, Auckland Central,

At a glance

Award balance

Claims & awards

Order

Reasons

Should the tenancy be terminated?

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

Should the tenancy be terminated?

Is the tenant responsible for the damage to the premises?

Topics & place

Residential Tenancies Act sections

Key findings

Property management

Frequently asked questions