How much money was awarded in case 4807625?

Bailiff Cost: $200.00 awarded to landlord; Cleaning: $550.00 awarded to landlord; Filing Fee: $20.44 awarded to landlord; Property Damage: $402.50 awarded to landlord; Property Damage: $105.00 awarded to landlord; Previous Order Application 4723689 D…: $2,677.34 awarded to landlord; Rent Arrears: $934.29 awarded to landlord; Digital Lock Excess: $400.00 awarded to landlord; Exterior Wall Excess: $400.00 awarded to landlord; Interior Walls: $700.00 awarded to landlord; Kitchen Drawers And Plugs: $420.00 awarded to landlord; Rubbish Removal: $1,200.00 awarded to landlord; Water Rates: $524.66 awarded to landlord

What type of tenancy dispute was case 4807625?

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

Where can I read the official tribunal order for case 4807625?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/10134260-Tribunal_Order_Redacted.pdf.

How much money was awarded in case 4807625?

Bailiff Cost: $200.00 awarded to landlord; Cleaning: $550.00 awarded to landlord; Filing Fee: $20.44 awarded to landlord; Property Damage: $402.50 awarded to landlord; Property Damage: $105.00 awarded to landlord; Previous Order Application 4723689 D…: $2,677.34 awarded to landlord; Rent Arrears: $934.29 awarded to landlord; Digital Lock Excess: $400.00 awarded to landlord; Exterior Wall Excess: $400.00 awarded to landlord; Interior Walls: $700.00 awarded to landlord; Kitchen Drawers And Plugs: $420.00 awarded to landlord; Rubbish Removal: $1,200.00 awarded to landlord; Water Rates: $524.66 awarded to landlord

What type of tenancy dispute was case 4807625?

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

Where can I read the official tribunal order for case 4807625?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/10134260-Tribunal_Order_Redacted.pdf.

20 Korokio Lane, Henderson, Auckland 0612 Tenancy Tribunal Case 4807625 — Property damage

Reasons

Claims and awards in Tenancy Tribunal application 4807625 — net $8,534.23 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears 15/12/2023 – 6/01/2024	$934.29	Rent arrears 15/12/2023 – 6/01/2024
Previous order application 4723689 dated 13/12/2023	$2,677.34	Previous order application 4723689 dated 13/12/2023
Water rates	$524.66	Water rates
Repairs: exterior wall excess	$400.00	Repairs: exterior wall excess
Repairs: digital lock excess	$400.00	Repairs: digital lock excess
Lock/key replacement: 3 door access cards	$105.00	Lock/key replacement: 3 door access cards
Rubbish removal	$1,200.00	Rubbish removal
Lock/key replacement: 2 garage remotes	$402.50	Lock/key replacement: 2 garage remotes
Repairs: interior walls	$700.00	Repairs: interior walls
Cleaning	$550.00	Cleaning
Repairs: kitchen drawers and plugs	$420.00	Repairs: kitchen drawers and plugs
Bailiff cost	$200.00	Bailiff cost
Filing fee reimbursement	$20.44	Filing fee reimbursement
Net award	$8,534.23
Total payable by Tenant to Landlord	$8,534.23

The landlord’s representative attended the video hearing today. I telephoned the tenant’s number, but the phone was not answered. I continued the hearing in his absence as notice has been emailed and texted.

The landlord has applied for payment of rent and water arrears and compensation for costs following the end of the tenancy.

How much is owed for rent and water rates?

The tenancy was terminated as at 14 December 2023 by previous order of the Tribunal dated 13 December 2023. A bailiff was required to enforce eviction which took place on 6 January 2024.

The landlord provided rent records and water rates invoices which prove the amounts owing up to the eviction date. The rent ledger takes account of the weekly payments of $260.00 made up until the last one on 15 January 2024.

The Tribunal order made on 13 December 2023 under application 4723689 awarded rent arrears to 14 December 2023 and previous water rates owing of $616.47.

The bond of $2,720.00 was refunded as part of the previous order.

The balance owing for rent after the last order is $934.29.

The additional amount owing for water after the last order is $524.66.

I also award the bailiff eviction costs of $200.00.

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 landlord’s evidence shows:- a. That a large volume of rubbish and unwanted furniture and belongings were left in the house and internal garage. b. The premises were not reasonably clean and tidy. c. Three door access cards and two garage remotes were missing.

I award the claims based on the receipts provided.

Is the tenant responsible for the damage to the premises?

A landlord must prove that any 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: a. A dent on an exterior corner of the wall of the house which broke through the aluminium cladding and slightly damaged the substructure beneath. b. The digital lock mechanism was bent so that the lock would not work. c. There were six dents or holes in internal walls inside the house. One had been repaired by the tenant but needed to be redone as the plaster was not to a good standard. Another was a cracked section of plasterboard that needed replacing. There was also damage to the internal garage walls. d. Two kitchen drawers had been damaged. The drawer fronts had come off and internal runners bent.

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

I award the amount of the insurance excess for the exterior dent and digital lock ($400.00 each).

I award the full amounts of the repair invoices for the internal wall and kitchen drawer repairs. More than one excess would apply because there are multiple events so the full invoice is cheaper for the tenant.

I award the filing fee.

The previous order is incorporated into this order for enforcement purposes.

Claims and awards in Tenancy Tribunal application 4807625 — net $8,534.23 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears 15/12/2023 – 6/01/2024	$934.29	Rent arrears 15/12/2023 – 6/01/2024
Previous order application 4723689 dated 13/12/2023	$2,677.34	Previous order application 4723689 dated 13/12/2023
Water rates	$524.66	Water rates
Repairs: exterior wall excess	$400.00	Repairs: exterior wall excess
Repairs: digital lock excess	$400.00	Repairs: digital lock excess
Lock/key replacement: 3 door access cards	$105.00	Lock/key replacement: 3 door access cards
Rubbish removal	$1,200.00	Rubbish removal
Lock/key replacement: 2 garage remotes	$402.50	Lock/key replacement: 2 garage remotes
Repairs: interior walls	$700.00	Repairs: interior walls
Cleaning	$550.00	Cleaning
Repairs: kitchen drawers and plugs	$420.00	Repairs: kitchen drawers and plugs
Bailiff cost	$200.00	Bailiff cost
Filing fee reimbursement	$20.44	Filing fee reimbursement
Net award	$8,534.23
Total payable by Tenant to Landlord	$8,534.23

Order

2.
This order incorporates the Tribunal order made on 13 December 2023 under application 4723689.

Reasons

The landlord’s representative attended the video hearing today. I telephoned the tenant’s number, but the phone was not answered. I continued the hearing in his absence as notice has been emailed and texted.
The landlord has applied for payment of rent and water arrears and compensation for costs following the end of the tenancy.

How much is owed for rent and water rates?

The tenancy was terminated as at 14 December 2023 by previous order of the Tribunal dated 13 December 2023. A bailiff was required to enforce eviction which took place on 6 January 2024.
The landlord provided rent records and water rates invoices which prove the amounts owing up to the eviction date. The rent ledger takes account of the weekly payments of $260.00 made up until the last one on 15 January 2024.
The Tribunal order made on 13 December 2023 under application 4723689 awarded rent arrears to 14 December 2023 and previous water rates owing of $616.47.
The bond of $2,720.00 was refunded as part of the previous order.
The balance owing for rent after the last order is $934.29.
The additional amount owing for water after the last order is $524.66.
I also award the bailiff eviction costs of $200.00.

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 landlord’s evidence shows:- a. That a large volume of rubbish and unwanted furniture and belongings were left in the house and internal garage. b. The premises were not reasonably clean and tidy. c. Three door access cards and two garage remotes were missing.
I award the claims based on the receipts provided.

Is the tenant responsible for the damage to the premises?

A landlord must prove that any 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: a. A dent on an exterior corner of the wall of the house which broke through the aluminium cladding and slightly damaged the substructure beneath. b. The digital lock mechanism was bent so that the lock would not work. c. There were six dents or holes in internal walls inside the house. One had been repaired by the tenant but needed to be redone as the plaster was not to a good standard. Another was a cracked section of plasterboard that needed replacing. There was also damage to the internal garage walls. d. Two kitchen drawers had been damaged. The drawer fronts had come off and internal runners bent.
The above damage is more than fair wear and tear, and the tenant has not disproved liability for the damage.
I award the amount of the insurance excess for the exterior dent and digital lock ($400.00 each).
I award the full amounts of the repair invoices for the internal wall and kitchen drawer repairs. More than one excess would apply because there are multiple events so the full invoice is cheaper for the tenant.
I award the filing fee.
The previous order is incorporated into this order for enforcement purposes.

Tenancy Tribunal case 4807625 — Property damage at 20 Korokio Lane, Henderson, Auckland 0612

At a glance

Tenancy Tribunal case 4807625 — Property damage at 20 Korokio Lane, Henderson, Auckland 0612

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