What was the outcome of Tenancy Tribunal case 4844660?

The tribunal order states: Nicole Sarah Steiner must pay Port Property Management Limited Acting Agent

How much money was awarded in case 4844660?

Lightbulbs: $65.88 awarded to landlord; Property Damage: $213.91 awarded to landlord; Doors: $4,000.00 awarded to landlord; Ranchslider Door: $1,341.50 awarded to landlord; Kitchen Vinyl: $1,327.93 awarded to landlord; Wall, Garage Door, Door Hinges: $1,514.91 awarded to landlord

What type of tenancy dispute was case 4844660?

The primary dispute was Property damage.

Where can I read the official tribunal order for case 4844660?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/10730672-Tenancy_Tribunal_Order.pdf.

What was the outcome of Tenancy Tribunal case 4844660?

The tribunal order states: Nicole Sarah Steiner must pay Port Property Management Limited Acting Agent

How much money was awarded in case 4844660?

Lightbulbs: $65.88 awarded to landlord; Property Damage: $213.91 awarded to landlord; Doors: $4,000.00 awarded to landlord; Ranchslider Door: $1,341.50 awarded to landlord; Kitchen Vinyl: $1,327.93 awarded to landlord; Wall, Garage Door, Door Hinges: $1,514.91 awarded to landlord

What type of tenancy dispute was case 4844660?

The primary dispute was Property damage.

Where can I read the official tribunal order for case 4844660?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/10730672-Tenancy_Tribunal_Order.pdf.

1 Rifle Range Road, Pukekohe, RD 1, Pukekohe 2676 Tenancy Tribunal Case 4844660 — Property damage

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1 Rifle Range Road, Pukekohe, RD 1, Pukekohe 2676 Tenancy Tribunal Case 4844660 — 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 4844660 — net $5,664.13 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Repairs: wall, garage door, door hinges	$1,514.91	Repairs: wall, garage door, door hinges
Repairs: vinyl	$1,327.93	Repairs: vinyl
Light bulbs	$65.88	Light bulbs
Repairs: ranchslider door	$1,341.50	Repairs: ranchslider door
Window repairs	$213.91	Window repairs
Repairs: doors	$4,000.00	Repairs: doors
Net award	$5,664.13
Total payable by Tenant to Landlord	$5,664.13

Claims and awards for application 4844660 — net $5,664.13 NZD. Verify on MoJ.

Repairs: wall, garage door, door hinges

Amount: $1,514.91
Awarded to: Landlord
Reason: Repairs: wall, garage door, door hinges

Repairs: vinyl

Amount: $1,327.93
Awarded to: Landlord
Reason: Repairs: vinyl

Light bulbs

Amount: $65.88
Awarded to: Landlord
Reason: Light bulbs

Repairs: ranchslider door

Amount: $1,341.50
Awarded to: Landlord
Reason: Repairs: ranchslider door

Window repairs

Amount: $213.91
Awarded to: Landlord
Reason: Window repairs

Claim types — money lines allowed on this order

Property damage

Order

Nicole Sarah Steiner must pay Port Property Management Limited Acting Agent For Mark & Natalja Spiers & Abramova $5,664.13 immediately, calculated as shown in table below.
The Bond Centre is to pay the bond of $2,800.00 (3562439-003) to Port Property Management Limited Acting Agent For Mark & Natalja Spiers & Abramova immediately.

Reasons

Both parties attended the hearing.
The landlord has applied for compensation and refund of the bond following the end of the tenancy.
The tenancy ended on 4 June 2024.

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 landlord had to replace light bulbs.
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.
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: walls, garage, doors, vinyl floor, ranchslider, and window. The damage is more than fair wear and tear, and the tenant has not disproved liability for the damage. The tenant admits that the majority of the damage was intentionally caused by the tenant’s ex-partner.
Only the amounts ordered are proved.
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.

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 4844660 — net $5,664.13 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Repairs: wall, garage door, door hinges	$1,514.91	Repairs: wall, garage door, door hinges
Repairs: vinyl	$1,327.93	Repairs: vinyl
Light bulbs	$65.88	Light bulbs
Repairs: ranchslider door	$1,341.50	Repairs: ranchslider door
Window repairs	$213.91	Window repairs
Repairs: doors	$4,000.00	Repairs: doors
Net award	$5,664.13
Total payable by Tenant to Landlord	$5,664.13

Claims and awards for application 4844660 — net $5,664.13 NZD. Verify on MoJ.

Repairs: wall, garage door, door hinges

Amount: $1,514.91
Awarded to: Landlord
Reason: Repairs: wall, garage door, door hinges

Repairs: vinyl

Amount: $1,327.93
Awarded to: Landlord
Reason: Repairs: vinyl

Light bulbs

Amount: $65.88
Awarded to: Landlord
Reason: Light bulbs

Repairs: ranchslider door

Amount: $1,341.50
Awarded to: Landlord
Reason: Repairs: ranchslider door

Window repairs

Amount: $213.91
Awarded to: Landlord
Reason: Window repairs

Claim types — money lines allowed on this order

Property damage

Order

Nicole Sarah Steiner must pay Port Property Management Limited Acting Agent For Mark & Natalja Spiers & Abramova $5,664.13 immediately, calculated as shown in table below.
The Bond Centre is to pay the bond of $2,800.00 (3562439-003) to Port Property Management Limited Acting Agent For Mark & Natalja Spiers & Abramova immediately.

Reasons

Both parties attended the hearing.
The landlord has applied for compensation and refund of the bond following the end of the tenancy.
The tenancy ended on 4 June 2024.

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 landlord had to replace light bulbs.
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.
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: walls, garage, doors, vinyl floor, ranchslider, and window. The damage is more than fair wear and tear, and the tenant has not disproved liability for the damage. The tenant admits that the majority of the damage was intentionally caused by the tenant’s ex-partner.
Only the amounts ordered are proved.
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.

Tenancy Tribunal case 4844660 — Property damage at 1 Rifle Range Road, Pukekohe, RD 1, Pukekohe 2676

At a glance

Tenancy Tribunal case 4844660 — Property damage at 1 Rifle Range Road, Pukekohe, RD 1, Pukekohe 2676

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