What was Tenancy Tribunal case 4859123 about?

The tribunal order states: Kavina Rakete must pay [The landlord/s] $3,296.94 immediately, calculated

How much money was awarded in case 4859123?

2 Recycling Bins: $39.00 awarded to landlord; Cleaning: $320.00 awarded to landlord; Filing Fee: $20.44 awarded to landlord; Fireplace Glazing: $125.00 awarded to landlord; Property Damage: $140.00 awarded to landlord; Property Damage: $161.00 awarded to landlord; 5 Walls: $500.00 awarded to landlord; 7 Doors: $827.50 awarded to landlord; Blinds: $50.00 awarded to landlord; Front Door, French Door: $472.00 awarded to landlord; Wooden Floors: $542.00 awarded to landlord; Rubbish Removal: $100.00 awarded to landlord

What type of tenancy dispute was case 4859123?

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

Where can I read the official tribunal order for case 4859123?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/10645250-Tribunal_Order_Redacted.pdf.

What was Tenancy Tribunal case 4859123 about?

The tribunal order states: Kavina Rakete must pay [The landlord/s] $3,296.94 immediately, calculated

How much money was awarded in case 4859123?

2 Recycling Bins: $39.00 awarded to landlord; Cleaning: $320.00 awarded to landlord; Filing Fee: $20.44 awarded to landlord; Fireplace Glazing: $125.00 awarded to landlord; Property Damage: $140.00 awarded to landlord; Property Damage: $161.00 awarded to landlord; 5 Walls: $500.00 awarded to landlord; 7 Doors: $827.50 awarded to landlord; Blinds: $50.00 awarded to landlord; Front Door, French Door: $472.00 awarded to landlord; Wooden Floors: $542.00 awarded to landlord; Rubbish Removal: $100.00 awarded to landlord

What type of tenancy dispute was case 4859123?

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

Where can I read the official tribunal order for case 4859123?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/10645250-Tribunal_Order_Redacted.pdf.

24 Brocas Avenue, Hillcrest, Hamilton 3216 Tenancy Tribunal Case 4859123 — Property damage

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24 Brocas Avenue, Hillcrest, Hamilton 3216 Tenancy Tribunal Case 4859123 — 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 4859123 — net $3,296.94 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Cleaning and repair of holes	$320.00	Cleaning and repair of holes
Repairs: 5 walls	$500.00	Repairs: 5 walls
Lock/key replacement and letter box	$140.00	Lock/key replacement and letter box
Fireplace glazing	$125.00	Fireplace glazing
2 recycling bins	$39.00	2 recycling bins
Repairs: Blinds	$50.00	Repairs: Blinds
Rubbish removal: compost	$100.00	Rubbish removal: compost
Curtain replacement/install	$161.00	Curtain replacement/install
Repairs: Front door, French door	$472.00	Repairs: Front door, French door
Repairs: 7 doors	$827.50	Repairs: 7 doors
Repairs: Wooden floors	$542.00	Repairs: Wooden floors
Filing fee reimbursement	$20.44	Filing fee reimbursement
Net award	$3,296.94
Total payable by Tenant to Landlord	$3,296.94

Claims and awards for application 4859123 — net $3,296.94 NZD. Verify on MoJ.

Cleaning and repair of holes

Amount: $320.00
Awarded to: Landlord
Reason: Cleaning and repair of holes

Repairs: 5 walls

Amount: $500.00
Awarded to: Landlord
Reason: Repairs: 5 walls

Lock/key replacement and letter box

Amount: $140.00
Awarded to: Landlord
Reason: Lock/key replacement and letter box

Fireplace glazing

Amount: $125.00
Awarded to: Landlord
Reason: Fireplace glazing

2 recycling bins

Amount: $39.00
Awarded to: Landlord
Reason: 2 recycling bins

Dismissed claims

Cleaning — This is not a cost that tenants are liable for. Is the tenant responsible for the damage to the premises?

Claim types — money lines allowed on this order

Cleanliness Filing Fee Property damage Rubbish Removal Carpet Cleaning

Order

Kavina Rakete must pay [The landlord/s] $3,296.94 immediately, calculated as shown in table below.

Reasons

The landlord attended the hearing. The tenant did not appear.
The landlord has applied for compensation and reimbursement of the filing fee following the end of the tenancy.
The tenancy ended on 19 February 2024 and the bond has been received by the landlord.

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 premises reasonably clean and tidy, and did not remove all rubbish. The cleaning costs included an oven clean and repairs to small dents in the walls. A compost bin and its contents were also removed.
The tenant did not return the keys, which included keys for a locked letter box. The letter box had to be replaced.
The following chattels were missing at the end of the tenancy: Two council rubbish bins were replaced.
The amounts ordered are proved.
The claim for carpet cleaning the area after the area had been painted is dismissed. This is not a cost that tenants are liable for.

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.
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. The glass door to the fireplace was broken. b. Blinds were broken. c. 7 doors and some hardware required fixing. The wooden doors were repaired and painted rather than replaced. d. 5 walls in two bedrooms had holes and unsatisfactory repair attempts. The claim included a repaint of the whole bedrooms and the award is adjusted considering depreciation. e. French doors and a front door jamb damaged. Only a quote was received, and a nominal award is made. The amounts ordered are nominal because the landlord has not completed the repairs. I do not find that the landlord has established a loss and award a nominal sum to recognise that the tenant has breached their obligations and have caused damage for which they are liable, but I am not persuaded the precise loss has been quantified. f.A wooden floor was scratched. One room repair is claimed. The photographs show extensive scratching on a polished floor.
The damage is more than fair wear and tear, and the tenant has not disproved liability for the damage.
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.
Because [The applicant/s] has substantially succeeded with the claim I have reimbursed the filing fee.
Section 95A RTA states regarding suppression orders that the Tribunal must, on the application of a party that has wholly or substantially succeeded in proceedings, order that the party’s name or identifying particulars not be published, unless the Tribunal considers that publication is in the public interest or is justified because of the party’s conduct or any other circumstances of the case.
Suppression the landlords details is granted.

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 4859123 — net $3,296.94 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Cleaning and repair of holes	$320.00	Cleaning and repair of holes
Repairs: 5 walls	$500.00	Repairs: 5 walls
Lock/key replacement and letter box	$140.00	Lock/key replacement and letter box
Fireplace glazing	$125.00	Fireplace glazing
2 recycling bins	$39.00	2 recycling bins
Repairs: Blinds	$50.00	Repairs: Blinds
Rubbish removal: compost	$100.00	Rubbish removal: compost
Curtain replacement/install	$161.00	Curtain replacement/install
Repairs: Front door, French door	$472.00	Repairs: Front door, French door
Repairs: 7 doors	$827.50	Repairs: 7 doors
Repairs: Wooden floors	$542.00	Repairs: Wooden floors
Filing fee reimbursement	$20.44	Filing fee reimbursement
Net award	$3,296.94
Total payable by Tenant to Landlord	$3,296.94

Claims and awards for application 4859123 — net $3,296.94 NZD. Verify on MoJ.

Cleaning and repair of holes

Amount: $320.00
Awarded to: Landlord
Reason: Cleaning and repair of holes

Repairs: 5 walls

Amount: $500.00
Awarded to: Landlord
Reason: Repairs: 5 walls

Lock/key replacement and letter box

Amount: $140.00
Awarded to: Landlord
Reason: Lock/key replacement and letter box

Fireplace glazing

Amount: $125.00
Awarded to: Landlord
Reason: Fireplace glazing

2 recycling bins

Amount: $39.00
Awarded to: Landlord
Reason: 2 recycling bins

Dismissed claims

Cleaning — This is not a cost that tenants are liable for. Is the tenant responsible for the damage to the premises?

Claim types — money lines allowed on this order

Cleanliness Filing Fee Property damage Rubbish Removal Carpet Cleaning

Order

Kavina Rakete must pay [The landlord/s] $3,296.94 immediately, calculated as shown in table below.

Reasons

The landlord attended the hearing. The tenant did not appear.
The landlord has applied for compensation and reimbursement of the filing fee following the end of the tenancy.
The tenancy ended on 19 February 2024 and the bond has been received by the landlord.

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 premises reasonably clean and tidy, and did not remove all rubbish. The cleaning costs included an oven clean and repairs to small dents in the walls. A compost bin and its contents were also removed.
The tenant did not return the keys, which included keys for a locked letter box. The letter box had to be replaced.
The following chattels were missing at the end of the tenancy: Two council rubbish bins were replaced.
The amounts ordered are proved.
The claim for carpet cleaning the area after the area had been painted is dismissed. This is not a cost that tenants are liable for.

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.
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. The glass door to the fireplace was broken. b. Blinds were broken. c. 7 doors and some hardware required fixing. The wooden doors were repaired and painted rather than replaced. d. 5 walls in two bedrooms had holes and unsatisfactory repair attempts. The claim included a repaint of the whole bedrooms and the award is adjusted considering depreciation. e. French doors and a front door jamb damaged. Only a quote was received, and a nominal award is made. The amounts ordered are nominal because the landlord has not completed the repairs. I do not find that the landlord has established a loss and award a nominal sum to recognise that the tenant has breached their obligations and have caused damage for which they are liable, but I am not persuaded the precise loss has been quantified. f.A wooden floor was scratched. One room repair is claimed. The photographs show extensive scratching on a polished floor.
The damage is more than fair wear and tear, and the tenant has not disproved liability for the damage.
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.
Because [The applicant/s] has substantially succeeded with the claim I have reimbursed the filing fee.
Section 95A RTA states regarding suppression orders that the Tribunal must, on the application of a party that has wholly or substantially succeeded in proceedings, order that the party’s name or identifying particulars not be published, unless the Tribunal considers that publication is in the public interest or is justified because of the party’s conduct or any other circumstances of the case.
Suppression the landlords details is granted.

Tenancy Tribunal case 4859123 — Property damage at 24 Brocas Avenue, Hillcrest, Hamilton 3216

At a glance

Tenancy Tribunal case 4859123 — Property damage at 24 Brocas Avenue, Hillcrest, Hamilton 3216

At a glance

Award balance

Claims & awards

Dismissed claims

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

Dismissed claims

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