What was the outcome of Tenancy Tribunal case 4783301?

The tribunal order states: Shardi Levi Uenuku Dunn must pay Tim Maurice as agent for Tigil Limited

How much money was awarded in case 4783301?

Property Damage: $284.00 awarded to landlord; Rent Arrears: $620.00 awarded to landlord; Smoke Alarms: $785.58 awarded to landlord

What type of tenancy dispute was case 4783301?

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

Where can I read the official tribunal order for case 4783301?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/10211959-Tenancy_Tribunal_Order.pdf.

What was the outcome of Tenancy Tribunal case 4783301?

The tribunal order states: Shardi Levi Uenuku Dunn must pay Tim Maurice as agent for Tigil Limited

How much money was awarded in case 4783301?

Property Damage: $284.00 awarded to landlord; Rent Arrears: $620.00 awarded to landlord; Smoke Alarms: $785.58 awarded to landlord

What type of tenancy dispute was case 4783301?

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

Where can I read the official tribunal order for case 4783301?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/10211959-Tenancy_Tribunal_Order.pdf.

Unit/Flat 1004, 138 Anzac Avenue, Auckland Central, Tenancy Tribunal Case 4783301 — Smoke alarms

Order

Claims and awards in Tenancy Tribunal application 4783301 — net $1,069.58 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears	$620.00	Rent arrears
Lock/key replacement: Key and fob	$284.00	Lock/key replacement: Key and fob
Replace smoke alarms: Reinstall and reset smoke alarm	$785.58	Replace smoke alarms: Reinstall and reset smoke alarm
Net award	$1,069.58
Total payable by Tenant to Landlord	$1,069.58

Shardi Levi Uenuku Dunn must pay Tim Maurice as agent for Tigil Limited $1,069.58 immediately for rent arrears and compensation, as calculated and shown in table below. DescriptionLandlord Rent arrears$620.00 Lock/key replacement: Key and fob$284.00 Replace smoke alarms: Reinstall and reset smoke alarm$785.58 Total award$1,689.58 Minus Bond$620.00 Total payable by Tenant to Landlord$1,069.58

The Bond Centre is to pay the bond of $620.00 (6458020-011) to Tim Maurice as agent for Tigil Limited immediately.

Reasons

The landlord attended the hearing, the tenant did not attend.

The landlord has applied for rent arrears, compensation and refund of the bond following the end of the tenancy.

How much is owed for rent?

The tenancy ended on 22 January 2024. The landlord provided rent records which prove the amount $620.00 owing at the end of the tenancy.

The tenant did not appear, but the landlord had provided the Tribunal with an email chain with the tenant about the end of the tenancy. The tenant left the property in mid-January 2024 without notice to the landlord. The landlord is only seeking two weeks rent in lieu of notice, which is generous to the tenant.

I am satisfied that the landlord has proven the amount claimed.

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 return the keys and access fob at the end of the tenancy. The landlord provided the Tribunal with an invoice for $284.00 for the cost of replacing the fob and key.

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: -Smoke alarm was hanging out of the ceiling.

The smoke alarms in each unit are linked to the whole building complex. If an alarm is tampered with the whole buildings fire safety becomes in jeopardy.

The smoke alarm had to be reinstalled and re-set. The landlord has provided an invoice for $785.58 for the cost of the smoke alarm repairs.

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

The amounts ordered are proved. Bond

The bond is to be refunded to the landlord to offset the debt owed by the tenant to the landlord.

Claims and awards in Tenancy Tribunal application 4783301 — net $1,069.58 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears	$620.00	Rent arrears
Lock/key replacement: Key and fob	$284.00	Lock/key replacement: Key and fob
Replace smoke alarms: Reinstall and reset smoke alarm	$785.58	Replace smoke alarms: Reinstall and reset smoke alarm
Net award	$1,069.58
Total payable by Tenant to Landlord	$1,069.58

Order

Shardi Levi Uenuku Dunn must pay Tim Maurice as agent for Tigil Limited $1,069.58 immediately for rent arrears and compensation, as calculated and shown in table below. DescriptionLandlord Rent arrears$620.00 Lock/key replacement: Key and fob$284.00 Replace smoke alarms: Reinstall and reset smoke alarm$785.58 Total award$1,689.58 Minus Bond$620.00 Total payable by Tenant to Landlord$1,069.58
The Bond Centre is to pay the bond of $620.00 (6458020-011) to Tim Maurice as agent for Tigil Limited immediately.

Reasons

The landlord attended the hearing, the tenant did not attend.
The landlord has applied for rent arrears, compensation and refund of the bond following the end of the tenancy.

How much is owed for rent?

The tenancy ended on 22 January 2024. The landlord provided rent records which prove the amount $620.00 owing at the end of the tenancy.
The tenant did not appear, but the landlord had provided the Tribunal with an email chain with the tenant about the end of the tenancy. The tenant left the property in mid-January 2024 without notice to the landlord. The landlord is only seeking two weeks rent in lieu of notice, which is generous to the tenant.
I am satisfied that the landlord has proven the amount claimed.

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 return the keys and access fob at the end of the tenancy. The landlord provided the Tribunal with an invoice for $284.00 for the cost of replacing the fob and key.
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: -Smoke alarm was hanging out of the ceiling.
The smoke alarms in each unit are linked to the whole building complex. If an alarm is tampered with the whole buildings fire safety becomes in jeopardy.
The smoke alarm had to be reinstalled and re-set. The landlord has provided an invoice for $785.58 for the cost of the smoke alarm repairs.
The damage is more than fair wear and tear, and the tenant has not disproved liability for the damage.
The amounts ordered are proved. Bond
The bond is to be refunded to the landlord to offset the debt owed by the tenant to the landlord.

Tenancy Tribunal case 4783301 — Smoke alarms at Unit/Flat 1004, 138 Anzac Avenue, Auckland Central,

At a glance

Tenancy Tribunal case 4783301 — Smoke alarms at Unit/Flat 1004, 138 Anzac Avenue, Auckland Central,

At a glance

Award balance

Claims & awards

Order

Reasons

How much is owed for rent?

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

Property management

Frequently asked questions

Award balance

Claims & awards

Order

Reasons

How much is owed for rent?

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

Property management

Frequently asked questions