What was the outcome of Tenancy Tribunal case 4789397?

The tribunal order states: Chak Norman and Tuupologa Ng-Wun must pay Trailblazer Holdings Limited

How much money was awarded in case 4789397?

Cleaning: $184.00 awarded to landlord; Filing Fee: $20.44 awarded to landlord; Property Damage: $717.17 awarded to landlord; Replace Irrigation Connection: $186.24 awarded to landlord; Property Damage: $2,000.00 awarded to landlord

What type of tenancy dispute was case 4789397?

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

Where can I read the official tribunal order for case 4789397?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/10471633-Tenancy_Tribunal_Order.pdf.

What was the outcome of Tenancy Tribunal case 4789397?

The tribunal order states: Chak Norman and Tuupologa Ng-Wun must pay Trailblazer Holdings Limited

How much money was awarded in case 4789397?

Cleaning: $184.00 awarded to landlord; Filing Fee: $20.44 awarded to landlord; Property Damage: $717.17 awarded to landlord; Replace Irrigation Connection: $186.24 awarded to landlord; Property Damage: $2,000.00 awarded to landlord

What type of tenancy dispute was case 4789397?

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

Where can I read the official tribunal order for case 4789397?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/10471633-Tenancy_Tribunal_Order.pdf.

18 Pate Crescent, Favona, Auckland 2024 Tenancy Tribunal Case 4789397 — Property damage

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18 Pate Crescent, Favona, Auckland 2024 Tenancy Tribunal Case 4789397 — Property damage | TenantCheck

Claims & awards

What this tenancy cost at tribunal — claim, category, amount, and party awarded, with reconciled net total.

Claims and awards in Tenancy Tribunal application 4789397 — net $427.85 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Lock/key replacement	$717.17	Lock/key replacement
Repairs: walls (less depreciation and projected insurance excess	$2,000.00	Repairs: walls (less depreciation and projected insurance excess
Repairs: replace irrigation connection	$186.24	Repairs: replace irrigation connection
Cleaning: blocked gas jets	$184.00	Cleaning: blocked gas jets
Filing fee reimbursement	$20.44	Filing fee reimbursement
Net award	$427.85
Total payable by Tenant to Landlord	$427.85

Claims and awards for application 4789397 — net $427.85 NZD. Verify on MoJ.

Lock/key replacement

Amount: $717.17
Awarded to: Landlord
Reason: Lock/key replacement

Repairs: walls (less depreciation and projected insurance excess

Amount: $2,000.00
Awarded to: Landlord
Reason: Repairs: walls (less depreciation and projected insurance excess

Repairs: replace irrigation connection

Amount: $186.24
Awarded to: Landlord
Reason: Repairs: replace irrigation connection

Cleaning: blocked gas jets

Amount: $184.00
Awarded to: Landlord
Reason: Cleaning: blocked gas jets

Filing fee reimbursement

Amount: $20.44
Awarded to: Landlord
Reason

Claim types — money lines allowed on this order

Cleanliness Filing Fee Property damage

Order

Chak Norman and Tuupologa Ng-Wun must pay Trailblazer Holdings Limited $427.85 immediately, calculated as shown in table below.
The Bond Centre is to pay the bond of $2,680.00 (6171105-005) to Trailblazer Holdings Limited immediately.

Reasons

Both parties attended the hearing.
The landlord has applied for compensation, refund of the bond, 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 did not leave the gas cooking jet reasonably clean the blockage had to be cleaned.
The tenant did not return a key to the main door.
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 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.
The following damage was caused during the tenancy: walls outdoor irrigation connection. The damage is more than fair wear and tear, and the tenant has not disproved liability for the damage.
I have taken into account 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 taken into account the age and condition of the items at the start of the tenancy and their likely useful lifespan.
I have also taken into account the tenant's liability being limited to the lesser of the projected insurance excess had the landlord made a claim.
Only the amounts ordered are proved.

Claims & awards

What this tenancy cost at tribunal — claim, category, amount, and party awarded, with reconciled net total.

Claims and awards in Tenancy Tribunal application 4789397 — net $427.85 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Lock/key replacement	$717.17	Lock/key replacement
Repairs: walls (less depreciation and projected insurance excess	$2,000.00	Repairs: walls (less depreciation and projected insurance excess
Repairs: replace irrigation connection	$186.24	Repairs: replace irrigation connection
Cleaning: blocked gas jets	$184.00	Cleaning: blocked gas jets
Filing fee reimbursement	$20.44	Filing fee reimbursement
Net award	$427.85
Total payable by Tenant to Landlord	$427.85

Claims and awards for application 4789397 — net $427.85 NZD. Verify on MoJ.

Lock/key replacement

Amount: $717.17
Awarded to: Landlord
Reason: Lock/key replacement

Repairs: walls (less depreciation and projected insurance excess

Amount: $2,000.00
Awarded to: Landlord
Reason: Repairs: walls (less depreciation and projected insurance excess

Repairs: replace irrigation connection

Amount: $186.24
Awarded to: Landlord
Reason: Repairs: replace irrigation connection

Cleaning: blocked gas jets

Amount: $184.00
Awarded to: Landlord
Reason: Cleaning: blocked gas jets

Filing fee reimbursement

Amount: $20.44
Awarded to: Landlord
Reason

Claim types — money lines allowed on this order

Cleanliness Filing Fee Property damage

Order

Chak Norman and Tuupologa Ng-Wun must pay Trailblazer Holdings Limited $427.85 immediately, calculated as shown in table below.
The Bond Centre is to pay the bond of $2,680.00 (6171105-005) to Trailblazer Holdings Limited immediately.

Reasons

Both parties attended the hearing.
The landlord has applied for compensation, refund of the bond, 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 did not leave the gas cooking jet reasonably clean the blockage had to be cleaned.
The tenant did not return a key to the main door.
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 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.
The following damage was caused during the tenancy: walls outdoor irrigation connection. The damage is more than fair wear and tear, and the tenant has not disproved liability for the damage.
I have taken into account 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 taken into account the age and condition of the items at the start of the tenancy and their likely useful lifespan.
I have also taken into account the tenant's liability being limited to the lesser of the projected insurance excess had the landlord made a claim.
Only the amounts ordered are proved.

Tenancy Tribunal case 4789397 — Property damage at 18 Pate Crescent, Favona, Auckland 2024

At a glance

Tenancy Tribunal case 4789397 — Property damage at 18 Pate Crescent, Favona, Auckland 2024

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

Property management

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

Property management

Frequently asked questions