What was the outcome of Tenancy Tribunal case 4886036?

The tribunal order states: Athena Herbert must pay Kings Property Management Limited as agent for Good

How much money was awarded in case 4886036?

Cleaning: $238.63 awarded to landlord; Cleaning: $140.00 awarded to landlord; Filing Fee: $20.44 awarded to landlord; Lawns and Garden Work: $150.00 awarded to landlord; Pest Control: $201.00 awarded to landlord; Property Damage: $345.00 awarded to landlord; Property Damage: $230.00 awarded to landlord; Rent For Additional Day: 22.4.2024: $92.86 awarded to landlord; Rubbish Removal: $661.25 awarded to landlord

What type of tenancy dispute was case 4886036?

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

Where can I read the official tribunal order for case 4886036?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/10643537-Tenancy_Tribunal_Order.pdf.

What was the outcome of Tenancy Tribunal case 4886036?

The tribunal order states: Athena Herbert must pay Kings Property Management Limited as agent for Good

How much money was awarded in case 4886036?

Cleaning: $238.63 awarded to landlord; Cleaning: $140.00 awarded to landlord; Filing Fee: $20.44 awarded to landlord; Lawns and Garden Work: $150.00 awarded to landlord; Pest Control: $201.00 awarded to landlord; Property Damage: $345.00 awarded to landlord; Property Damage: $230.00 awarded to landlord; Rent For Additional Day: 22.4.2024: $92.86 awarded to landlord; Rubbish Removal: $661.25 awarded to landlord

What type of tenancy dispute was case 4886036?

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

Where can I read the official tribunal order for case 4886036?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/10643537-Tenancy_Tribunal_Order.pdf.

19 Commissariat Road, Mount Wellington, Auckland 1060 Tenancy Tribunal Case 4886036 — Property damage

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19 Commissariat Road, Mount Wellington, Auckland 1060 Tenancy Tribunal Case 4886036 — 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 4886036 — net $2,079.18 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent for additional day: 22.4.2024	$92.86	Rent for additional day: 22.4.2024
Cleaning	$238.63	Cleaning
Cleaning of oven & stove	$140.00	Cleaning of oven & stove
Rubbish removal	$661.25	Rubbish removal
Lawns and garden work	$150.00	Lawns and garden work
Pest control	$201.00	Pest control
Lock/key replacement	$345.00	Lock/key replacement
Repairs to bedroom door	$230.00	Repairs to bedroom door
Filing fee reimbursement	$20.44	Filing fee reimbursement
Net award	$2,079.18
Total payable by Tenant to Landlord	$2,079.18

Claims and awards for application 4886036 — net $2,079.18 NZD. Verify on MoJ.

Rent for additional day: 22.4.2024

Amount: $92.86
Awarded to: Landlord
Reason: Rent for additional day: 22.4.2024

Cleaning

Amount: $238.63
Awarded to: Landlord
Reason: Cleaning

Cleaning of oven & stove

Amount: $140.00
Awarded to: Landlord
Reason: Cleaning of oven & stove

Rubbish removal

Amount: $661.25
Awarded to: Landlord
Reason: Rubbish removal

Lawns and garden work

Amount: $150.00
Awarded to: Landlord
Reason: Lawns and garden work

Claim types — money lines allowed on this order

Cleanliness Filing Fee Lawns And Garden Work Pest Control Property damage Rubbish Removal

Order

Athena Herbert must pay Kings Property Management Limited as agent for Good News Investment Co. Ltd $2,079.18 immediately, calculated as shown in the table below.

Reasons

Only the landlord, represented by Mr George Gao, attended the hearing. The tenant did not attend at the scheduled time. The start of the hearing was delayed, the matter was called again, however, there was still no appearance by the tenant. As the tenant had been notified, the hearing proceeded in her absence.
This tenancy began on 19 January 2024 and came to an end on 21 April 2024 following an order of the Tribunal. The bond has been paid to the landlord.
The landlord has applied for an additional day’s rent, compensation and reimbursement of the filing fee following the end of the tenancy.

How much is owed for rent?

The tenancy was terminated on 21 April 2024. The tenant asked to be allowed to stay an additional day, which the landlord agreed to, subject to payment of rent, being $92.86 for the extra day. The text exchange between the parties has been provided. The landlord’s evidence is that the tenant did not pay the additional sum due, so this is awarded above.

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) of the Residential Tenancies Act 1986 (the RTA).
The landlord claims that the tenant did not leave the premises reasonably clean and tidy, and did not remove all rubbish. The landlord has produced evidence to support the claim for cleaning, cleaning of the oven and stove, rubbish removal, lawns/gardening and pest control costs. This includes photographic evidence of the condition of the premises before the tenancy began and at the end of the tenancy. An invoice has also been provided.
The tenant did not return the keys. The landlord incurred costs for changing the locks and keys, as shown in the invoice.
The amounts ordered are proved. General principles regarding responsibility for damage
The landlord claims compensation for damage. To be successful, 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 of the RTA.
Where the damage is careless, and occurs after 27 August 2019, section 49B of the RTA applies. 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) of the 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) of the 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) of the RTA.
In this case the landlord is insured for tenant damage and advises that the insurance excess is $500.00. The rent for the premises is $650.00 per week.
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) of the 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.

Is the tenant responsible for the damage to the premises?

From the photographic, oral, and documentary evidence produced by the landlord, I am satisfied that the following damage was caused during the tenancy: • Damage to the bedroom door: the large hole had to be repaired, at a cost of $230.00.
The above damage is more than fair wear and tear, and the tenant has not disproved liability for the damage.
The amount ordered is 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 Filing fee
Because the landlord has been successful with its application, the tenant is to pay the landlord’s 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 4886036 — net $2,079.18 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent for additional day: 22.4.2024	$92.86	Rent for additional day: 22.4.2024
Cleaning	$238.63	Cleaning
Cleaning of oven & stove	$140.00	Cleaning of oven & stove
Rubbish removal	$661.25	Rubbish removal
Lawns and garden work	$150.00	Lawns and garden work
Pest control	$201.00	Pest control
Lock/key replacement	$345.00	Lock/key replacement
Repairs to bedroom door	$230.00	Repairs to bedroom door
Filing fee reimbursement	$20.44	Filing fee reimbursement
Net award	$2,079.18
Total payable by Tenant to Landlord	$2,079.18

Claims and awards for application 4886036 — net $2,079.18 NZD. Verify on MoJ.

Rent for additional day: 22.4.2024

Amount: $92.86
Awarded to: Landlord
Reason: Rent for additional day: 22.4.2024

Cleaning

Amount: $238.63
Awarded to: Landlord
Reason: Cleaning

Cleaning of oven & stove

Amount: $140.00
Awarded to: Landlord
Reason: Cleaning of oven & stove

Rubbish removal

Amount: $661.25
Awarded to: Landlord
Reason: Rubbish removal

Lawns and garden work

Amount: $150.00
Awarded to: Landlord
Reason: Lawns and garden work

Claim types — money lines allowed on this order

Cleanliness Filing Fee Lawns And Garden Work Pest Control Property damage Rubbish Removal

Order

Athena Herbert must pay Kings Property Management Limited as agent for Good News Investment Co. Ltd $2,079.18 immediately, calculated as shown in the table below.

Reasons

Only the landlord, represented by Mr George Gao, attended the hearing. The tenant did not attend at the scheduled time. The start of the hearing was delayed, the matter was called again, however, there was still no appearance by the tenant. As the tenant had been notified, the hearing proceeded in her absence.
This tenancy began on 19 January 2024 and came to an end on 21 April 2024 following an order of the Tribunal. The bond has been paid to the landlord.
The landlord has applied for an additional day’s rent, compensation and reimbursement of the filing fee following the end of the tenancy.

How much is owed for rent?

The tenancy was terminated on 21 April 2024. The tenant asked to be allowed to stay an additional day, which the landlord agreed to, subject to payment of rent, being $92.86 for the extra day. The text exchange between the parties has been provided. The landlord’s evidence is that the tenant did not pay the additional sum due, so this is awarded above.

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) of the Residential Tenancies Act 1986 (the RTA).
The landlord claims that the tenant did not leave the premises reasonably clean and tidy, and did not remove all rubbish. The landlord has produced evidence to support the claim for cleaning, cleaning of the oven and stove, rubbish removal, lawns/gardening and pest control costs. This includes photographic evidence of the condition of the premises before the tenancy began and at the end of the tenancy. An invoice has also been provided.
The tenant did not return the keys. The landlord incurred costs for changing the locks and keys, as shown in the invoice.
The amounts ordered are proved. General principles regarding responsibility for damage
The landlord claims compensation for damage. To be successful, 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 of the RTA.
Where the damage is careless, and occurs after 27 August 2019, section 49B of the RTA applies. 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) of the 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) of the 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) of the RTA.
In this case the landlord is insured for tenant damage and advises that the insurance excess is $500.00. The rent for the premises is $650.00 per week.
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) of the 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.

Is the tenant responsible for the damage to the premises?

From the photographic, oral, and documentary evidence produced by the landlord, I am satisfied that the following damage was caused during the tenancy: • Damage to the bedroom door: the large hole had to be repaired, at a cost of $230.00.
The above damage is more than fair wear and tear, and the tenant has not disproved liability for the damage.
The amount ordered is 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 Filing fee
Because the landlord has been successful with its application, the tenant is to pay the landlord’s filing fee.

Tenancy Tribunal case 4886036 — Property damage at 19 Commissariat Road, Mount Wellington, Auckland 1060

At a glance

Tenancy Tribunal case 4886036 — Property damage at 19 Commissariat Road, Mount Wellington, Auckland 1060

At a glance

Award balance

Claims & awards

Order

Reasons

How much is owed for rent?

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

How much is owed for rent?

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