What was the outcome of Tenancy Tribunal case 4879037?

The tribunal order states: Schjaan Leewes must pay Michelle Honore $29,007.81 immediately, calculated

How much money was awarded in case 4879037?

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 4879037?

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

Where can I read the official tribunal order for case 4879037?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/10773289-Tenancy_Tribunal_Order.pdf.

What was the outcome of Tenancy Tribunal case 4879037?

The tribunal order states: Schjaan Leewes must pay Michelle Honore $29,007.81 immediately, calculated

How much money was awarded in case 4879037?

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 4879037?

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

Where can I read the official tribunal order for case 4879037?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/10773289-Tenancy_Tribunal_Order.pdf.

30B Grassways Avenue, Pakuranga, Auckland 2010 Tenancy Tribunal Case 4879037 — Property damage

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Reasons

Only the landlord attended the hearing.

The landlord has applied for compensation water rates, and reimbursement of the filing fee following the end of the tenancy.

How much is owed for water rates ?

The tenancy ended by order of the Tribunal on 3 April 2024. The landlord provided 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 did not leave the premises reasonably clean and tidy, and did not 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.

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, bathroom, garage door, doors throughout the house, skirting boards, door frames, curtain rails, curtains, curtain rods, sink, vanity, carpets, and garden shed. The damage is more than fair wear and tear, and the tenant has not disproved liability for the damage. The vast majority of the damage is intentionally caused.

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.

On 3 April 2024, the Tribunal made a monetary order relating to this tenancy. The previous order is incorporated into this order for enforcement purposes.

Because Michelle Honore has substantially succeeded with the claim I have also reimbursed the filing fee.

Reasons

Only the landlord attended the hearing.

The landlord has applied for compensation water rates, and reimbursement of the filing fee following the end of the tenancy.

How much is owed for water rates ?

The tenancy ended by order of the Tribunal on 3 April 2024. The landlord provided 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?

The tenant did not leave the premises reasonably clean and tidy, and did not remove all rubbish.

The amounts ordered are proved.

Is the tenant responsible for the damage to the premises?

The amounts ordered are proved.

On 3 April 2024, the Tribunal made a monetary order relating to this tenancy. The previous order is incorporated into this order for enforcement purposes.

Because Michelle Honore has substantially succeeded with the claim I have also reimbursed the filing fee.

Tenancy Tribunal case 4879037 — Property damage at 30B Grassways Avenue, Pakuranga, Auckland 2010

Tenancy Tribunal case 4879037 — Property damage at 30B Grassways Avenue, Pakuranga, Auckland 2010

Order

Reasons

How much is owed for 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 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?