What was Tenancy Tribunal case 4785258 about?

The tribunal order states: The Bond Centre is to pay the bond of $1,840.00 ([Bond number suppressed])

How much money was awarded in case 4785258?

Property Damage: $400.00 awarded to landlord; Cleaning: $517.50 awarded to landlord; Compensation: Emergency Locksmith: $150.00 awarded to tenant; Property Damage: $400.00 awarded to landlord; Filing Fee: $20.44 awarded to landlord; Rent Arrears: $328.57 awarded to landlord; Door Frame Plaster And Paint: $345.00 awarded to landlord; Water Rates: $11.31 awarded to landlord

What type of tenancy dispute was case 4785258?

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

Where can I read the official tribunal order for case 4785258?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/10460253-Tribunal_Order_Redacted.pdf.

What was Tenancy Tribunal case 4785258 about?

The tribunal order states: The Bond Centre is to pay the bond of $1,840.00 ([Bond number suppressed])

How much money was awarded in case 4785258?

Property Damage: $400.00 awarded to landlord; Cleaning: $517.50 awarded to landlord; Compensation: Emergency Locksmith: $150.00 awarded to tenant; Property Damage: $400.00 awarded to landlord; Filing Fee: $20.44 awarded to landlord; Rent Arrears: $328.57 awarded to landlord; Door Frame Plaster And Paint: $345.00 awarded to landlord; Water Rates: $11.31 awarded to landlord

What type of tenancy dispute was case 4785258?

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

Where can I read the official tribunal order for case 4785258?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/10460253-Tribunal_Order_Redacted.pdf.

Unit/Flat 1A, 87 Taikata Road, Te Atatu Peninsula, Tenancy Tribunal Case 4785258 — Property damage

Order

Claims and awards in Tenancy Tribunal application 4785258 — net $32.82 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Tenant	Reason
Rent arrears to 25/12/2023	$328.57		6. Having seen the rent records and water rates invoices, I find that the amounts sought have been proven.
Water rates	$11.31		Water rates
Exit cleaning	$517.50		Exit cleaning
Carpet replacement: insurance excess	$400.00		Carpet replacement: insurance excess
Cooktop replacement: insurance excess	$400.00		Cooktop replacement: insurance excess
Repairs: door frame plaster and paint	$345.00		Repairs: door frame plaster and paint
Filing fee reimbursement	$20.44		Filing fee reimbursement
Compensation: emergency locksmith		$150.00	emergency locksmith
Total award	$2,022.82	$150.00
Net award	$32.82
Total payable by Tenant to Landlord	$32.82

The Bond Centre is to pay the bond of $1,840.00 ([Bond number suppressed]) to Crockers Property Management Limited Acting Agent For Ramu Chidambaram immediately.

[The tenant/s] must pay Crockers Property Management Limited Acting Agent For Ramu Chidambaram $32.82 immediately, calculated as shown in table below.

Reasons

Both parties attended the hearing.

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

The tenant made a cross-application to rebut the landlord’s claims and for refund of the emergency locksmith costs.

I deal with the landlord’s application first.

How much is owed for rent and water rates?

The tenancy ended on 25 th December 2023. The landlord provided rent records and water rates invoices which prove the amount owing at the end of the tenancy.

Having seen the rent records and water rates invoices, I find that the amounts sought have been proven. I order the tenant to pay the landlord $328.57 for rent arrears and $11.31 for water rates arrears.

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. See section 40(1)(e) Residential Tenancies Act 1986 (“RTA”).

Although the tenant cleaned the premises themselves and engaged in a professional carpet cleaner, I find that there were areas not left reasonably clean by the tenant.

The carpet required further cleaning before it could be tenanted again.

I order the tenant to pay the landlord $517.50 for the final exit cleaning.

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. See section 49B(3)(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 4785258, 47898173 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: cooktop, carpet and two door frames.

The damage is more than fair wear and tear, and the tenant accepted having caused the damage.

The landlord had insurance to cover for the cooktop and carpet replacement. The insurance excess was $400.00 each. Accordingly, I order the tenant to pay for the two lots of insurance excess for those items.

For the damage done to the two door frames by the tenant’s uncle’s dog, I find that the damage was carelessly caused. The cost to fix them was less than the insurance excess. I order the tenant to pay the landlord $345.00 for this. The tenant’s cross-application and filing fee reimbursement

The tenant’s cross-application was essentially questioning the need for the replacement of the carpet and the cooktop and their prices only. Once it became clear that only the insurance excesses were sought, the issues became non-existent.

The tenant did seek compensation of $150.00 for getting an emergency locksmith out on 2 nd December 2023 when the front digital door lock was faulty. Having seen the evidence, I order the landlord to compensate this amount under section 45(1)(d) RTA.

Because Crockers Property Management Limited Acting Agent For Ramu Chidambaram has wholly succeeded with the claim, I order the tenant to reimburse the landlord’s filing fee.

Claims and awards in Tenancy Tribunal application 4785258 — net $32.82 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Tenant	Reason
Rent arrears to 25/12/2023	$328.57		6. Having seen the rent records and water rates invoices, I find that the amounts sought have been proven.
Water rates	$11.31		Water rates
Exit cleaning	$517.50		Exit cleaning
Carpet replacement: insurance excess	$400.00		Carpet replacement: insurance excess
Cooktop replacement: insurance excess	$400.00		Cooktop replacement: insurance excess
Repairs: door frame plaster and paint	$345.00		Repairs: door frame plaster and paint
Filing fee reimbursement	$20.44		Filing fee reimbursement
Compensation: emergency locksmith		$150.00	emergency locksmith
Total award	$2,022.82	$150.00
Net award	$32.82
Total payable by Tenant to Landlord	$32.82

Order

The Bond Centre is to pay the bond of $1,840.00 ([Bond number suppressed]) to Crockers Property Management Limited Acting Agent For Ramu Chidambaram immediately.
[The tenant/s] must pay Crockers Property Management Limited Acting Agent For Ramu Chidambaram $32.82 immediately, calculated as shown in table below.

Reasons

Both parties attended the hearing.
The landlord has applied for rent arrears, compensation, refund of the bond, and reimbursement of the filing fee following the end of the tenancy.
The tenant made a cross-application to rebut the landlord’s claims and for refund of the emergency locksmith costs.
I deal with the landlord’s application first.

How much is owed for rent and water rates?

The tenancy ended on 25 th December 2023. The landlord provided rent records and water rates invoices which prove the amount owing at the end of the tenancy.
Having seen the rent records and water rates invoices, I find that the amounts sought have been proven. I order the tenant to pay the landlord $328.57 for rent arrears and $11.31 for water rates arrears.

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. See section 40(1)(e) Residential Tenancies Act 1986 (“RTA”).
Although the tenant cleaned the premises themselves and engaged in a professional carpet cleaner, I find that there were areas not left reasonably clean by the tenant.
The carpet required further cleaning before it could be tenanted again.
I order the tenant to pay the landlord $517.50 for the final exit cleaning.

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. See section 49B(3)(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 4785258, 47898173 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: cooktop, carpet and two door frames.
The damage is more than fair wear and tear, and the tenant accepted having caused the damage.
The landlord had insurance to cover for the cooktop and carpet replacement. The insurance excess was $400.00 each. Accordingly, I order the tenant to pay for the two lots of insurance excess for those items.
For the damage done to the two door frames by the tenant’s uncle’s dog, I find that the damage was carelessly caused. The cost to fix them was less than the insurance excess. I order the tenant to pay the landlord $345.00 for this. The tenant’s cross-application and filing fee reimbursement
The tenant’s cross-application was essentially questioning the need for the replacement of the carpet and the cooktop and their prices only. Once it became clear that only the insurance excesses were sought, the issues became non-existent.
The tenant did seek compensation of $150.00 for getting an emergency locksmith out on 2 nd December 2023 when the front digital door lock was faulty. Having seen the evidence, I order the landlord to compensate this amount under section 45(1)(d) RTA.
Because Crockers Property Management Limited Acting Agent For Ramu Chidambaram has wholly succeeded with the claim, I order the tenant to reimburse the landlord’s filing fee.

Tenancy Tribunal case 4785258 — Property damage at Unit/Flat 1A, 87 Taikata Road, Te Atatu Peninsula,

At a glance

Tenancy Tribunal case 4785258 — Property damage at Unit/Flat 1A, 87 Taikata Road, Te Atatu Peninsula,

At a glance

Award balance

Claims & awards

Order

Reasons

How much is owed for rent and 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 rent and 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