What was the outcome of Tenancy Tribunal case 4776757?

The tribunal order states: Jacqueline Leatigaga must pay Barfoot & Thompson Property Limited As Agent

How much money was awarded in case 4776757?

Cleaning: $874.00 awarded to landlord; Filing Fee: $20.44 awarded to landlord; Property Damage: $308.20 awarded to landlord; Property Damage: $675.00 awarded to landlord; Property Damage: $550.00 awarded to landlord; Property Damage: $453.10 awarded to landlord; Property Damage: $948.75 awarded to landlord; Property Damage: $322.00 awarded to landlord; Replace furnishings: (supply and ins…: $386.40 awarded to landlord; Rubbish Removal: $630.20 awarded to landlord; Water Rates: $212.23 awarded to landlord

What type of tenancy dispute was case 4776757?

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

Where can I read the official tribunal order for case 4776757?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/10482422-Tenancy_Tribunal_Order.pdf.

What was the outcome of Tenancy Tribunal case 4776757?

The tribunal order states: Jacqueline Leatigaga must pay Barfoot & Thompson Property Limited As Agent

How much money was awarded in case 4776757?

Cleaning: $874.00 awarded to landlord; Filing Fee: $20.44 awarded to landlord; Property Damage: $308.20 awarded to landlord; Property Damage: $675.00 awarded to landlord; Property Damage: $550.00 awarded to landlord; Property Damage: $453.10 awarded to landlord; Property Damage: $948.75 awarded to landlord; Property Damage: $322.00 awarded to landlord; Replace furnishings: (supply and ins…: $386.40 awarded to landlord; Rubbish Removal: $630.20 awarded to landlord; Water Rates: $212.23 awarded to landlord

What type of tenancy dispute was case 4776757?

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

Where can I read the official tribunal order for case 4776757?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/10482422-Tenancy_Tribunal_Order.pdf.

13 Mallard Place, Unsworth Heights, Auckland 0632 Tenancy Tribunal Case 4776757 — Property damage

Claims and awards in Tenancy Tribunal application 4776757 — net $2,680.32 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Water rates: (to 18/01/24	$212.23	3. The landlord has applied for water rates arrears, compensation, and reimbursement of the filing fee following the end of the tenancy.
Cleaning	$874.00	Cleaning
Lock/key replacement	$308.20	Lock/key replacement
Repairs: (Insurance excess for carpet damage	$550.00	Repairs: (Insurance excess for carpet damage
Rent insurance excess	$675.00	Rent insurance excess
Repairs: Plaster and repair 2 holes in dining and bedroom walls	$948.75	Repairs: Plaster and repair 2 holes in dining and bedroom walls
Repairs: (Repair hole in garage wall	$453.10	Repairs: (Repair hole in garage wall
Replace furnishings: (supply and install bedroom curtains that were damaged	$322.00	Replace furnishings: (supply and install bedroom curtains that were damaged
Replace furnishings: (supply and install net curtains in 2 back bedrooms	$386.40	Replace furnishings: (supply and install net curtains in 2 back bedrooms
Rubbish removal: (dispose of trampoline, old plastic chairs, rubbish under deck and garage rubbish	$630.20	Rubbish removal: (dispose of trampoline, old plastic chairs, rubbish under deck and garage rubbish
Filing fee reimbursement	$20.44	Filing fee reimbursement
Net award	$2,680.32
Total payable by Tenant to Landlord	$2,680.32

Claims and awards in Tenancy Tribunal application 4776757 — net $2,680.32 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.

Claim

Landlord

Tenant

Reason

Water rates: (to 18/01/24

$212.23

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

Cleaning

$874.00

Cleaning

Lock/key replacement

$308.20

Lock/key replacement

Repairs: (Insurance excess for carpet damage

$550.00

Repairs: (Insurance excess for carpet damage

Rent insurance excess

$675.00

Rent insurance excess

Repairs: Plaster and repair 2 holes in dining and bedroom walls

$948.75

Repairs: Plaster and repair 2 holes in dining and bedroom walls

Repairs: (Repair hole in garage wall

$453.10

Repairs: (Repair hole in garage wall

Replace furnishings: (supply and install bedroom curtains that were damaged

$322.00

Replace furnishings: (supply and install bedroom curtains that were damaged

Replace furnishings: (supply and install net curtains in 2 back bedrooms

$386.40

Replace furnishings: (supply and install net curtains in 2 back bedrooms

Rubbish removal: (dispose of trampoline, old plastic chairs, rubbish under deck and garage rubbish

$630.20

Rubbish removal: (dispose of trampoline, old plastic chairs, rubbish under deck and garage rubbish

Filing fee reimbursement

$20.44

Filing fee reimbursement

Net award

$2,680.32

Total payable by Tenant to Landlord

$2,680.32

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 water rates arrears, compensation, and reimbursement of the filing fee following the end of the tenancy.

The landlord has confirmed the tenant has signed the bond release form, so there is no need for me to make a request to the Bond Centre to refund the bond to the landlord.

How much is owed for rent and water rates?

The tenancy ended on 18 January 2024. The landlord provided water rates invoices which prove the amount owing at the end of the tenancy.

The landlord had rent insurance, so the tenant has been charged $675.00 insurance excess instead of the $3,278.57 rent arrears she owed the landlord at the end of the tenancy.

Did the tenant comply with her 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 tenant did not return the keys.

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. Two holes in the dining and bedroom walls; b. Hole in the garage wall; c. Carpets throughout the house were so damaged they required replacement; d. Curtains damaged in two back bedrooms that needed replacement; and e. Net curtains in two back bedrooms damaged and needed replacement.

I am satisfied that the evidence produced by the landlord proves 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 Barfoot & Thompson Property Limited As Agent For Mark Dikstaal has wholly succeeded with the claim I must reimburse the filing fee.

Claims and awards in Tenancy Tribunal application 4776757 — net $2,680.32 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Water rates: (to 18/01/24	$212.23	3. The landlord has applied for water rates arrears, compensation, and reimbursement of the filing fee following the end of the tenancy.
Cleaning	$874.00	Cleaning
Lock/key replacement	$308.20	Lock/key replacement
Repairs: (Insurance excess for carpet damage	$550.00	Repairs: (Insurance excess for carpet damage
Rent insurance excess	$675.00	Rent insurance excess
Repairs: Plaster and repair 2 holes in dining and bedroom walls	$948.75	Repairs: Plaster and repair 2 holes in dining and bedroom walls
Repairs: (Repair hole in garage wall	$453.10	Repairs: (Repair hole in garage wall
Replace furnishings: (supply and install bedroom curtains that were damaged	$322.00	Replace furnishings: (supply and install bedroom curtains that were damaged
Replace furnishings: (supply and install net curtains in 2 back bedrooms	$386.40	Replace furnishings: (supply and install net curtains in 2 back bedrooms
Rubbish removal: (dispose of trampoline, old plastic chairs, rubbish under deck and garage rubbish	$630.20	Rubbish removal: (dispose of trampoline, old plastic chairs, rubbish under deck and garage rubbish
Filing fee reimbursement	$20.44	Filing fee reimbursement
Net award	$2,680.32
Total payable by Tenant to Landlord	$2,680.32

Claims and awards in Tenancy Tribunal application 4776757 — net $2,680.32 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.

Claim

Landlord

Tenant

Reason

Water rates: (to 18/01/24

$212.23

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

Cleaning

$874.00

Cleaning

Lock/key replacement

$308.20

Lock/key replacement

Repairs: (Insurance excess for carpet damage

$550.00

Repairs: (Insurance excess for carpet damage

Rent insurance excess

$675.00

Rent insurance excess

Repairs: Plaster and repair 2 holes in dining and bedroom walls

$948.75

Repairs: Plaster and repair 2 holes in dining and bedroom walls

Repairs: (Repair hole in garage wall

$453.10

Repairs: (Repair hole in garage wall

Replace furnishings: (supply and install bedroom curtains that were damaged

$322.00

Replace furnishings: (supply and install bedroom curtains that were damaged

Replace furnishings: (supply and install net curtains in 2 back bedrooms

$386.40

Replace furnishings: (supply and install net curtains in 2 back bedrooms

Rubbish removal: (dispose of trampoline, old plastic chairs, rubbish under deck and garage rubbish

$630.20

Rubbish removal: (dispose of trampoline, old plastic chairs, rubbish under deck and garage rubbish

Filing fee reimbursement

$20.44

Filing fee reimbursement

Net award

$2,680.32

Total payable by Tenant to Landlord

$2,680.32

Order

Jacqueline Leatigaga must pay Barfoot & Thompson Property Limited As Agent For Mark Dikstaal $2,680.32 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 water rates arrears, compensation, and reimbursement of the filing fee following the end of the tenancy.
The landlord has confirmed the tenant has signed the bond release form, so there is no need for me to make a request to the Bond Centre to refund the bond to the landlord.

How much is owed for rent and water rates?

The tenancy ended on 18 January 2024. The landlord provided water rates invoices which prove the amount owing at the end of the tenancy.
The landlord had rent insurance, so the tenant has been charged $675.00 insurance excess instead of the $3,278.57 rent arrears she owed the landlord at the end of the tenancy.

Did the tenant comply with her 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 tenant did not return the keys.
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. Two holes in the dining and bedroom walls; b. Hole in the garage wall; c. Carpets throughout the house were so damaged they required replacement; d. Curtains damaged in two back bedrooms that needed replacement; and e. Net curtains in two back bedrooms damaged and needed replacement.
I am satisfied that the evidence produced by the landlord proves 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 Barfoot & Thompson Property Limited As Agent For Mark Dikstaal has wholly succeeded with the claim I must reimburse the filing fee.

Tenancy Tribunal case 4776757 — Property damage at 13 Mallard Place, Unsworth Heights, Auckland 0632

At a glance

Tenancy Tribunal case 4776757 — Property damage at 13 Mallard Place, Unsworth Heights, Auckland 0632

At a glance

Award balance

Claims & awards

Order

Reasons

How much is owed for rent and water rates?

Did the tenant comply with her 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

Property management

Frequently asked questions

Award balance

Claims & awards

Order

Reasons

How much is owed for rent and water rates?

Did the tenant comply with her 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

Property management

Frequently asked questions