What was the outcome of Tenancy Tribunal case 4827697?

The tribunal order states: Tererua Maiva and Waimania Korewha must pay Simon Elliott $27,449.20

How much money was awarded in case 4827697?

Individual award amounts are in the official MoJ PDF. Claim amounts appear on this page when claims and net totals reconcile.

What type of tenancy dispute was case 4827697?

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

Where can I read the official tribunal order for case 4827697?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/10357423-Tenancy_Tribunal_Order.pdf.

What was the outcome of Tenancy Tribunal case 4827697?

The tribunal order states: Tererua Maiva and Waimania Korewha must pay Simon Elliott $27,449.20

How much money was awarded in case 4827697?

Individual award amounts are in the official MoJ PDF. Claim amounts appear on this page when claims and net totals reconcile.

What type of tenancy dispute was case 4827697?

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

Where can I read the official tribunal order for case 4827697?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/10357423-Tenancy_Tribunal_Order.pdf.

1 Pangu Way, Mangere, Auckland 2022 Tenancy Tribunal Case 4827697 — Property damage

Order

Tererua Maiva and Waimania Korewha must pay Simon Elliott $27,449.20 immediately, calculated as shown in table below. DescriptionLandlord Rent arrears$7,825.00 Water rates$151.29 Repairs$18,270.48 cleaning, rubbish removal, labour$3,841.99 Filing fee reimbursement$20.44 Total award$30,109.20 Bond-$2,660.00 Total payable by Tenant to Landlord$27,449.20
The Bond Centre is to pay the bond of $2,660.00 (6438709-007) to Simon Elliott immediately.
This order may be enforced immediately.

Reasons

Only the landlord 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.

How much is owed for rent and water rates?

The tenancy ended on 19 April 2024, by agreement. A further three weeks rent is sought for the period during which repairs were undertaken. The landlord provided rent records and water rates invoices which prove the amount owing at 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 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.
Having heard the evidence and seen the photographs provided by the landlord, I am satisfied that the tenant did not leave the premises reasonably clean and tidy, and did not remove all rubbish.
The garage door remote was missing at the end of the tenancy.
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. 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. Damage to walls, doors, and paint throughout the house. b. Damage to the windows and windowsills. c. Damage to the ranch slider. d. Damage to the garage door insulation. e. Damage to the garage door frame f. Damage to curtains and blinds. g. Damage to kitchen cabinetry. h. Damage to window latches. i. Damage to toilet seats. j. Damage to the washing line. k. Damage to taps. l. Damage to the fence.
The damage is more than fair wear and tear, and the tenant has not disproved liability for the damage.
The amounts ordered are proved.
Because Simon Elliott has wholly succeeded with the claim I must reimburse the filing fee.

Order

Tererua Maiva and Waimania Korewha must pay Simon Elliott $27,449.20 immediately, calculated as shown in table below. DescriptionLandlord Rent arrears$7,825.00 Water rates$151.29 Repairs$18,270.48 cleaning, rubbish removal, labour$3,841.99 Filing fee reimbursement$20.44 Total award$30,109.20 Bond-$2,660.00 Total payable by Tenant to Landlord$27,449.20
The Bond Centre is to pay the bond of $2,660.00 (6438709-007) to Simon Elliott immediately.
This order may be enforced immediately.

Reasons

Only the landlord 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.

How much is owed for rent and water rates?

The tenancy ended on 19 April 2024, by agreement. A further three weeks rent is sought for the period during which repairs were undertaken. The landlord provided rent records and water rates invoices which prove the amount owing at 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 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.
Having heard the evidence and seen the photographs provided by the landlord, I am satisfied that the tenant did not leave the premises reasonably clean and tidy, and did not remove all rubbish.
The garage door remote was missing at the end of the tenancy.
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. 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. Damage to walls, doors, and paint throughout the house. b. Damage to the windows and windowsills. c. Damage to the ranch slider. d. Damage to the garage door insulation. e. Damage to the garage door frame f. Damage to curtains and blinds. g. Damage to kitchen cabinetry. h. Damage to window latches. i. Damage to toilet seats. j. Damage to the washing line. k. Damage to taps. l. Damage to the fence.
The damage is more than fair wear and tear, and the tenant has not disproved liability for the damage.
The amounts ordered are proved.
Because Simon Elliott has wholly succeeded with the claim I must reimburse the filing fee.

Tenancy Tribunal case 4827697 — Property damage at 1 Pangu Way, Mangere, Auckland 2022

Tenancy Tribunal case 4827697 — Property damage at 1 Pangu Way, Mangere, Auckland 2022

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?

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?