What was the outcome of Tenancy Tribunal case 4859877?

The tribunal order states: Ioane Lui to pay Linkpeople Limited $276.00 from the bond, calculated as

How much money was awarded in case 4859877?

Locks: $179.01 awarded to landlord; Property Damage: $96.99 awarded to landlord

What type of tenancy dispute was case 4859877?

The primary dispute was Property damage.

Where can I read the official tribunal order for case 4859877?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/10336317-Tenancy_Tribunal_Order.pdf.

What was the outcome of Tenancy Tribunal case 4859877?

The tribunal order states: Ioane Lui to pay Linkpeople Limited $276.00 from the bond, calculated as

How much money was awarded in case 4859877?

Locks: $179.01 awarded to landlord; Property Damage: $96.99 awarded to landlord

What type of tenancy dispute was case 4859877?

The primary dispute was Property damage.

Where can I read the official tribunal order for case 4859877?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/10336317-Tenancy_Tribunal_Order.pdf.

Unit/Flat 3, 3 Jack Browne Place, Otahuhu, Auckland 1062 Tenancy Tribunal Case 4859877 — Property damage

Reasons

Claims and awards in Tenancy Tribunal application 4859877 — net $276.00 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Repairs- contribution	$96.99	Repairs- contribution
Locks	$179.01	Locks
Net award	$276.00
Bond	$276.00
Total payable by Tenant to Landlord	$276.00

The landlord attended the hearing, conducted via teleconference. There was no phone number available for the tenant.

This tenancy ended on 21 November 2022. I was satisfied, given the circumstances and efforts made by the landlord to contact the tenant, to dispense with the requirement for service and proceed as if the notice or any other document had been served on the party in accordance with s91B(2)(c) Residential Tenancies Act 1986 Act.

The landlord has applied for compensation and refund of the bond. The claim has been limited to the amount of the bond being $276.00

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 tenant did not return the keys.

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 following damage was caused during the tenancy: There was a broken window and the front door frame was badly damaged. The damage is more than fair wear and tear, and the tenant has not disproved liability for the damage.

The amounts ordered are proved.

Claims and awards in Tenancy Tribunal application 4859877 — net $276.00 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Repairs- contribution	$96.99	Repairs- contribution
Locks	$179.01	Locks
Net award	$276.00
Bond	$276.00
Total payable by Tenant to Landlord	$276.00

Order

Ioane Lui to pay Linkpeople Limited $276.00 from the bond, calculated as shown in table below.
The Bond Centre is to pay the bond of $276.00 (3157380-017) to Linkpeople Limited immediately. DescriptionLandlord Repairs- contribution$96.99 Locks$179.01 Total award$276.00 Bond$276.00

Reasons

The landlord attended the hearing, conducted via teleconference. There was no phone number available for the tenant.
This tenancy ended on 21 November 2022. I was satisfied, given the circumstances and efforts made by the landlord to contact the tenant, to dispense with the requirement for service and proceed as if the notice or any other document had been served on the party in accordance with s91B(2)(c) Residential Tenancies Act 1986 Act.
The landlord has applied for compensation and refund of the bond. The claim has been limited to the amount of the bond being $276.00

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 tenant did not return the keys.
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 following damage was caused during the tenancy: There was a broken window and the front door frame was badly damaged. The damage is more than fair wear and tear, and the tenant has not disproved liability for the damage.
The amounts ordered are proved.

Tenancy Tribunal case 4859877 — Property damage at Unit/Flat 3, 3 Jack Browne Place, Otahuhu, Auckland 1062

At a glance

Tenancy Tribunal case 4859877 — Property damage at Unit/Flat 3, 3 Jack Browne Place, Otahuhu, Auckland 1062

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