What was Tenancy Tribunal case 4859061 about?

The tribunal order states: Billy Chandra and Vivian Andriani Andriani to pay [The landlord/s] $1,800.00

How much money was awarded in case 4859061?

Cleaning: $400.00 awarded to landlord; Property Damage: $1,100.00 awarded to landlord; Rubbish Removal: $300.00 awarded to landlord

What type of tenancy dispute was case 4859061?

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

Where can I read the official tribunal order for case 4859061?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/10567587-Tribunal_Order_Redacted.pdf.

What was Tenancy Tribunal case 4859061 about?

The tribunal order states: Billy Chandra and Vivian Andriani Andriani to pay [The landlord/s] $1,800.00

How much money was awarded in case 4859061?

Cleaning: $400.00 awarded to landlord; Property Damage: $1,100.00 awarded to landlord; Rubbish Removal: $300.00 awarded to landlord

What type of tenancy dispute was case 4859061?

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

Where can I read the official tribunal order for case 4859061?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/10567587-Tribunal_Order_Redacted.pdf.

28Y Wilkinson Road, Ellerslie, Auckland 1060 Tenancy Tribunal Case 4859061 — Property damage

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28Y Wilkinson Road, Ellerslie, Auckland 1060 Tenancy Tribunal Case 4859061 — 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 4859061 — net $1,800.00 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Repairs: Damage to walls	$1,100.00	Repairs: Damage to walls
Rubbish removal	$300.00	Rubbish removal
Cleaning	$400.00	Cleaning
Net award	$1,800.00
Bond	$1,800.00
Total payable by Tenant to Landlord	$1,800.00

Claims and awards for application 4859061 — net $1,800.00 NZD. Verify on MoJ.

Repairs: Damage to walls

Amount: $1,100.00
Awarded to: Landlord
Reason: Repairs: Damage to walls

Rubbish removal

Amount: $300.00
Awarded to: Landlord
Reason: Rubbish removal

Cleaning

Amount: $400.00
Awarded to: Landlord
Reason: Cleaning

Net award

Landlord $1,800.00

Bond

Landlord $1,800.00

Total payable by Tenant to Landlord

Landlord $1,800.00

Claim types — money lines allowed on this order

Cleanliness Property damage Rubbish Removal

Order

Billy Chandra and Vivian Andriani Andriani to pay [The landlord/s] $1,800.00 from the bond, calculated as shown in table below.
The Bond Centre is to pay the bond of $1,800.00 ([Bond number suppressed]) to [The landlord/s] immediately.

Reasons

The landlord attended the hearing by remote teleconference. Attempts were made to contact both tenants on the telephone numbers provided. Both attempts were unsuccessful. The hearing continued in their absence.
The landlord has applied for compensation and refund of the bond 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 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 tenant did not leave the premises reasonably clean and tidy and did not remove all rubbish.
The landlord provided photographic evidence in support of these two claims. Having sighted this evidence I am satisfied that the tenants have failed to leave the premises reasonably clean and tidy and remove all rubbish.
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 careless, and occurs after 27 August 2019, section 49B RTA applies. If the landlord becomes aware of the damage after 27 August, the damage is presumed to have occurred after that date unless the tenant proves otherwise.
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.
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 landlord claims that the tenants damaged the walls. The landlord also provided photographic evidence of the damage. I have also sighted a payment receipt from Megy Montana Limited dated 19 February 2024 confirming the remedial work which had to be carried out.
Having sighted the evidence filed by the landlord in support I am satisfied that the damage claim is reasonable.
The amounts ordered are proved.
The landlord confirmed during the hearing that he is not seeking reimbursement of the filing fee.

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 4859061 — net $1,800.00 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Repairs: Damage to walls	$1,100.00	Repairs: Damage to walls
Rubbish removal	$300.00	Rubbish removal
Cleaning	$400.00	Cleaning
Net award	$1,800.00
Bond	$1,800.00
Total payable by Tenant to Landlord	$1,800.00

Claims and awards for application 4859061 — net $1,800.00 NZD. Verify on MoJ.

Repairs: Damage to walls

Amount: $1,100.00
Awarded to: Landlord
Reason: Repairs: Damage to walls

Rubbish removal

Amount: $300.00
Awarded to: Landlord
Reason: Rubbish removal

Cleaning

Amount: $400.00
Awarded to: Landlord
Reason: Cleaning

Net award

Landlord $1,800.00

Bond

Landlord $1,800.00

Total payable by Tenant to Landlord

Landlord $1,800.00

Claim types — money lines allowed on this order

Cleanliness Property damage Rubbish Removal

Order

Billy Chandra and Vivian Andriani Andriani to pay [The landlord/s] $1,800.00 from the bond, calculated as shown in table below.
The Bond Centre is to pay the bond of $1,800.00 ([Bond number suppressed]) to [The landlord/s] immediately.

Reasons

The landlord attended the hearing by remote teleconference. Attempts were made to contact both tenants on the telephone numbers provided. Both attempts were unsuccessful. The hearing continued in their absence.
The landlord has applied for compensation and refund of the bond 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 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 tenant did not leave the premises reasonably clean and tidy and did not remove all rubbish.
The landlord provided photographic evidence in support of these two claims. Having sighted this evidence I am satisfied that the tenants have failed to leave the premises reasonably clean and tidy and remove all rubbish.
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 careless, and occurs after 27 August 2019, section 49B RTA applies. If the landlord becomes aware of the damage after 27 August, the damage is presumed to have occurred after that date unless the tenant proves otherwise.
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.
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 landlord claims that the tenants damaged the walls. The landlord also provided photographic evidence of the damage. I have also sighted a payment receipt from Megy Montana Limited dated 19 February 2024 confirming the remedial work which had to be carried out.
Having sighted the evidence filed by the landlord in support I am satisfied that the damage claim is reasonable.
The amounts ordered are proved.
The landlord confirmed during the hearing that he is not seeking reimbursement of the filing fee.

Tenancy Tribunal case 4859061 — Property damage at 28Y Wilkinson Road, Ellerslie, Auckland 1060

At a glance

Tenancy Tribunal case 4859061 — Property damage at 28Y Wilkinson Road, Ellerslie, Auckland 1060

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

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

Frequently asked questions