What was Tenancy Tribunal case 4879300 about?

The tribunal order states: An application for suppression has been made in this case, and the Tribunal

How much money was awarded in case 4879300?

Cleaning: $805.00 awarded to landlord; Filing Fee: $20.44 awarded to landlord; Lawns and Garden Work: $402.50 awarded to landlord; Property Damage: $1,725.00 awarded to landlord; Property Damage: $207.00 awarded to landlord; Painting: $2,070.00 awarded to landlord; Rubbish Removal: $920.00 awarded to landlord

What type of tenancy dispute was case 4879300?

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

Where can I read the official tribunal order for case 4879300?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/11352439-Tribunal_Order_Redacted.pdf.

What was Tenancy Tribunal case 4879300 about?

The tribunal order states: An application for suppression has been made in this case, and the Tribunal

How much money was awarded in case 4879300?

Cleaning: $805.00 awarded to landlord; Filing Fee: $20.44 awarded to landlord; Lawns and Garden Work: $402.50 awarded to landlord; Property Damage: $1,725.00 awarded to landlord; Property Damage: $207.00 awarded to landlord; Painting: $2,070.00 awarded to landlord; Rubbish Removal: $920.00 awarded to landlord

What type of tenancy dispute was case 4879300?

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

Where can I read the official tribunal order for case 4879300?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/11352439-Tribunal_Order_Redacted.pdf.

49 Roys Road, Weymouth, Auckland 2103 Tenancy Tribunal Case 4879300 — Property damage

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49 Roys Road, Weymouth, Auckland 2103 Tenancy Tribunal Case 4879300 — 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 4879300 — net $6,149.94 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Repairs	$1,725.00	Repairs
Rubbish removal	$920.00	Rubbish removal
Cleaning	$805.00	Cleaning
Electrical repairs	$207.00	Electrical repairs
Lawns and Garden work	$402.50	Lawns and Garden work
Repairs: Painting	$2,070.00	Repairs: Painting
Filing fee reimbursement	$20.44	Filing fee reimbursement
Net award	$6,149.94
Total payable by Tenant to Landlord	$6,149.94

Claims and awards for application 4879300 — net $6,149.94 NZD. Verify on MoJ.

Repairs

Amount: $1,725.00
Awarded to: Landlord
Reason: Repairs

Rubbish removal

Amount: $920.00
Awarded to: Landlord
Reason: Rubbish removal

Cleaning

Amount: $805.00
Awarded to: Landlord
Reason: Cleaning

Electrical repairs

Amount: $207.00
Awarded to: Landlord
Reason: Electrical repairs

Lawns and Garden work

Amount: $402.50
Awarded to: Landlord
Reason: Lawns and Garden work

Repairs: Painting

Claim types — money lines allowed on this order

Cleanliness Filing Fee Lawns And Garden Work Property damage Rubbish Removal

Order

An application for suppression has been made in this case, and the Tribunal orders suppression of the Landlord name and identifying details.
Casey Paerau Selwyn must pay [The landlord/s] $6,149.94 immediately, calculated as shown in table below.

Reasons

The landlord attended the hearing. The tenant did not attend the hearing.
The proceedings had been adjourned as the application was filed more than two months after the tenancy ended and therefore section 91A(2) Residential Tenancies Act 1986 applies.
On 16 September 2024 the Tribunal made an order directing that the tenant be served with the proceedings by email. That has occurred and this hearing is to deal with the landlord’s substantive application.
The Tribunal had made an earlier order on 16 May 2024 awarding rent arrears and releasing the bond to the landlord.
For this application the landlord seeks, compensation for repairs, rubbish removal, cleaning, electrical work, lawns, painting and reimbursement of the filing fee 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 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.
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: wall holes (2), damaged garage door, damaged front door, damaged wardrobe door, painted walls and paint spills on the floor.
In relation to the paint damage, the tenant painted dark walls with what appears to be one coat of white paint. The painting is not to a good standard and does not cover the dark surface beneath. The walls will need to be repainted. The landlord said that it involves two bedrooms, the living room and hallway as well as floor spillage.
The invoice submitted lists painting at a cost of $7,000.00. That is for repainting the entire premises. On the evidence submitted I consider that a reasonable contribution from the tenant toward the painting is $2,070.00.
Because [The applicant/s] has substantially succeeded with the claim I have reimbursed the filing fee. For the same reason I have suppressed the landlord’s name.

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 4879300 — net $6,149.94 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Repairs	$1,725.00	Repairs
Rubbish removal	$920.00	Rubbish removal
Cleaning	$805.00	Cleaning
Electrical repairs	$207.00	Electrical repairs
Lawns and Garden work	$402.50	Lawns and Garden work
Repairs: Painting	$2,070.00	Repairs: Painting
Filing fee reimbursement	$20.44	Filing fee reimbursement
Net award	$6,149.94
Total payable by Tenant to Landlord	$6,149.94

Claims and awards for application 4879300 — net $6,149.94 NZD. Verify on MoJ.

Repairs

Amount: $1,725.00
Awarded to: Landlord
Reason: Repairs

Rubbish removal

Amount: $920.00
Awarded to: Landlord
Reason: Rubbish removal

Cleaning

Amount: $805.00
Awarded to: Landlord
Reason: Cleaning

Electrical repairs

Amount: $207.00
Awarded to: Landlord
Reason: Electrical repairs

Lawns and Garden work

Amount: $402.50
Awarded to: Landlord
Reason: Lawns and Garden work

Repairs: Painting

Claim types — money lines allowed on this order

Cleanliness Filing Fee Lawns And Garden Work Property damage Rubbish Removal

Order

An application for suppression has been made in this case, and the Tribunal orders suppression of the Landlord name and identifying details.
Casey Paerau Selwyn must pay [The landlord/s] $6,149.94 immediately, calculated as shown in table below.

Reasons

The landlord attended the hearing. The tenant did not attend the hearing.
The proceedings had been adjourned as the application was filed more than two months after the tenancy ended and therefore section 91A(2) Residential Tenancies Act 1986 applies.
On 16 September 2024 the Tribunal made an order directing that the tenant be served with the proceedings by email. That has occurred and this hearing is to deal with the landlord’s substantive application.
The Tribunal had made an earlier order on 16 May 2024 awarding rent arrears and releasing the bond to the landlord.
For this application the landlord seeks, compensation for repairs, rubbish removal, cleaning, electrical work, lawns, painting and reimbursement of the filing fee 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 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.
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: wall holes (2), damaged garage door, damaged front door, damaged wardrobe door, painted walls and paint spills on the floor.
In relation to the paint damage, the tenant painted dark walls with what appears to be one coat of white paint. The painting is not to a good standard and does not cover the dark surface beneath. The walls will need to be repainted. The landlord said that it involves two bedrooms, the living room and hallway as well as floor spillage.
The invoice submitted lists painting at a cost of $7,000.00. That is for repainting the entire premises. On the evidence submitted I consider that a reasonable contribution from the tenant toward the painting is $2,070.00.
Because [The applicant/s] has substantially succeeded with the claim I have reimbursed the filing fee. For the same reason I have suppressed the landlord’s name.

Tenancy Tribunal case 4879300 — Property damage at 49 Roys Road, Weymouth, Auckland 2103

At a glance

Tenancy Tribunal case 4879300 — Property damage at 49 Roys Road, Weymouth, Auckland 2103

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