What was the outcome of Tenancy Tribunal case 4907073?

The tribunal order states: Pani Rawinia Harker must pay Nancy Fong-Anae $29,659.09 immediately,

How much money was awarded in case 4907073?

Cleaning: $200.00 awarded to landlord; Lightbulbs: $11.21 awarded to landlord; Filing Fee: $20.44 awarded to landlord; Lawns and Garden Work: $90.00 awarded to landlord; Property Damage: $250.00 awarded to landlord; Rent Arrears: $7,380.00 awarded to landlord; Doors: $2,477.91 awarded to landlord; Electrical Switches And Power Points: $359.38 awarded to landlord; Floors: $1,120.00 awarded to landlord; Garage Roller Door: $1,725.00 awarded to landlord; Holes In Walls: $1,746.41 awarded to landlord; Kitchen Cupboards: $840.00 awarded to landlord; Plumbing, Drainage And Gas Fixtures: $14,950.00 awarded to landlord; Window: $246.56 awarded to landlord; Replace furnishings: heat pump remot…: $35.90 awarded to landlord; Rubbish Removal: $545.04 awarded to landlord; Smoke Alarms: $20.80 awarded to landlord

What type of tenancy dispute was case 4907073?

The primary dispute was Leaks. Related themes: Property damage, Rent arrears, Cleanliness, Smoke alarms.

Where can I read the official tribunal order for case 4907073?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/10884408-Tenancy_Tribunal_Order.pdf.

What was the outcome of Tenancy Tribunal case 4907073?

The tribunal order states: Pani Rawinia Harker must pay Nancy Fong-Anae $29,659.09 immediately,

How much money was awarded in case 4907073?

Cleaning: $200.00 awarded to landlord; Lightbulbs: $11.21 awarded to landlord; Filing Fee: $20.44 awarded to landlord; Lawns and Garden Work: $90.00 awarded to landlord; Property Damage: $250.00 awarded to landlord; Rent Arrears: $7,380.00 awarded to landlord; Doors: $2,477.91 awarded to landlord; Electrical Switches And Power Points: $359.38 awarded to landlord; Floors: $1,120.00 awarded to landlord; Garage Roller Door: $1,725.00 awarded to landlord; Holes In Walls: $1,746.41 awarded to landlord; Kitchen Cupboards: $840.00 awarded to landlord; Plumbing, Drainage And Gas Fixtures: $14,950.00 awarded to landlord; Window: $246.56 awarded to landlord; Replace furnishings: heat pump remot…: $35.90 awarded to landlord; Rubbish Removal: $545.04 awarded to landlord; Smoke Alarms: $20.80 awarded to landlord

What type of tenancy dispute was case 4907073?

The primary dispute was Leaks. Related themes: Property damage, Rent arrears, Cleanliness, Smoke alarms.

Where can I read the official tribunal order for case 4907073?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/10884408-Tenancy_Tribunal_Order.pdf.

5 Raleigh Place, Otara, Auckland 2023 Tenancy Tribunal Case 4907073 — Leaks

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Claims and awards in Tenancy Tribunal application 4907073 — net $29,659.09 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears to 1 May 2024	$7,380.00	Rent arrears to 1 May 2024
Lock/key replacement	$250.00	Lock/key replacement
Lawns and Garden work	$90.00	Lawns and Garden work
Replace furnishings: heat pump remote	$35.90	Replace furnishings: heat pump remote
Electrical fittings replacement/repair: light bulbs	$11.21	Electrical fittings replacement/repair: light bulbs
Replace smoke alarms	$20.80	Replace smoke alarms
Rubbish removal	$545.04	Rubbish removal
Repairs: electrical switches and power points	$359.38	Repairs: electrical switches and power points
Repairs: plumbing, drainage and gas fixtures	$14,950.00	Repairs: plumbing, drainage and gas fixtures
Repairs: garage roller door	$1,725.00	Repairs: garage roller door
Repairs: holes in walls	$1,746.41	Repairs: holes in walls
Repairs: doors	$2,477.91	Repairs: doors
Repairs: floors	$1,120.00	Repairs: floors
Repairs: window	$246.56	Repairs: window
Repairs: kitchen cupboards	$840.00	Repairs: kitchen cupboards
Cleaning	$200.00	Cleaning
Filing fee reimbursement	$20.44	Filing fee reimbursement
Net award	$29,659.09
Total payable by Tenant to Landlord	$29,659.09

Claims and awards in Tenancy Tribunal application 4907073 — net $29,659.09 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.

Claim

Landlord

Tenant

Reason

Rent arrears to 1 May 2024

$7,380.00

Rent arrears to 1 May 2024

Lock/key replacement

$250.00

Lock/key replacement

Lawns and Garden work

$90.00

Lawns and Garden work

Replace furnishings: heat pump remote

$35.90

Replace furnishings: heat pump remote

Electrical fittings replacement/repair: light bulbs

$11.21

Electrical fittings replacement/repair: light bulbs

Replace smoke alarms

$20.80

Replace smoke alarms

Rubbish removal

$545.04

Rubbish removal

Repairs: electrical switches and power points

$359.38

Repairs: electrical switches and power points

Repairs: plumbing, drainage and gas fixtures

$14,950.00

Repairs: plumbing, drainage and gas fixtures

Repairs: garage roller door

$1,725.00

Repairs: garage roller door

Repairs: holes in walls

$1,746.41

Repairs: holes in walls

Repairs: doors

$2,477.91

Repairs: doors

Repairs: floors

$1,120.00

Repairs: floors

Repairs: window

$246.56

Repairs: window

Repairs: kitchen cupboards

$840.00

Repairs: kitchen cupboards

Cleaning

$200.00

Cleaning

Filing fee reimbursement

$20.44

Filing fee reimbursement

Net award

$29,659.09

Total payable by Tenant to Landlord

$29,659.09

Reasons

The landlord attended the hearing. The tenant did not.

The landlord has applied for rent arrears, compensation, refund of the bond, and reimbursement of the filing fee following the end of the tenancy.

As the applicant, the landlord must prove each claim to the civil law standard of proof, on the balance of probabilities.

How much is owed for rent?

The tenancy ended some time in March 2024 after the tenant gave notice however, the tenant did not remove their belongings or return the keys. The landlord applied for a possession order, which was granted on 1 May 2024. The landlord provided rent records, which prove the amount owing at this date, namely $7,380.00. The landlord’s application for rent arrears to 1 May 2024 is granted.

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 is required to replace worn out smoke alarm batteries during the tenancy. See section 40(1)(ca) Residential Tenancies Act 1986. The tenant must also replace standard light bulbs. Rubbish removal, cleaning and lawns

The landlord provided photographs of the property taken at the end of the tenancy. These photographs show a significant amount of rubbish and personal belongings were left at the property. They also show the lawns were overgrown and needed mowing. Based on these photographs, I find that the tenant did not leave the premises reasonably clean and tidy, and did not remove all rubbish.

The landlord sought compensation as follows: a. Rubbish removal: $545.04 b. Cleaning: $200.00 c. Lawns: $90.00 for cleaning.

The landlord provided invoices of the truck and trailer hire to dispose of the rubbish, as well as tipping fees and petrol costs. These totalled $545.04.

The landlord also provided an invoice from Clive Priske for lawnmowing services for $90.00.

The landlord completed the rubbish removal and cleaning themselves and sought compensation of $200.00 for their time. I find this to be a very reasonable amount considering the state the property was left in.

The landlords claims for compensation for rubbish removal, cleaning and lawnmowing are granted in full. Lock/key replacement

The tenant did not return the keys at the end of the tenancy and the landlord had to replace the locks. The landlord provided an invoice for $250.00. The landlord’s claim for compensation for key/lock replacement is granted. Heat pump remote, lightbulbs and smoke alarms

The following chattels were missing at the end of the tenancy: a. Heat pump remote.

The landlord replaced the heat pump remote at a cost of $35.90.

The landlord also replaced three light bulbs at a cost of $11.21 and one smoke alarm at a cost of $20.80.

The landlord provided invoices for all items. The landlord’s claims for compensation for each item are granted.

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 landlord provided photographs of the property taken at the end of the tenancy. These photographs show extensive damage throughout the property. Based on these photographs and the landlord’s evidence, I find that the following damage was caused during the tenancy: a. Broken window in the lounge b. Loose and damaged switches and power points c. Plumbing, drainage and gas fixtures all removed d. Damaged garage roller door e. Holes in walls throughout the property f. Holes in doors, door removed and missing entirely from inside the property g. Damaged floorboards h. Damaged kitchen cabinets

The damage is more than fair wear and tear and the tenant has not disproved liability for the damage.

The landlord provided invoices for everything listed above, except the following items: a. Reinstatement of plumbing, drainage and gas fixtures b. Repair doors c. Repair floors d. Repair kitchen cupboards

In respect of these items, the landlord provided quotes. The nature of the damage for each item is significant. I am satisfied that the landlord will undertake the necessary repair work. The property will not tenantable without repairs being undertaken.

The landlord’s claim for compensation to repair of the damage listed at paragraph [22] above is granted for a total amount of $23,465.26.

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. Filing fee

Because Nancy Fong-Anae has wholly succeeded with the claim I must reimburse the filing fee.

Claims and awards in Tenancy Tribunal application 4907073 — net $29,659.09 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears to 1 May 2024	$7,380.00	Rent arrears to 1 May 2024
Lock/key replacement	$250.00	Lock/key replacement
Lawns and Garden work	$90.00	Lawns and Garden work
Replace furnishings: heat pump remote	$35.90	Replace furnishings: heat pump remote
Electrical fittings replacement/repair: light bulbs	$11.21	Electrical fittings replacement/repair: light bulbs
Replace smoke alarms	$20.80	Replace smoke alarms
Rubbish removal	$545.04	Rubbish removal
Repairs: electrical switches and power points	$359.38	Repairs: electrical switches and power points
Repairs: plumbing, drainage and gas fixtures	$14,950.00	Repairs: plumbing, drainage and gas fixtures
Repairs: garage roller door	$1,725.00	Repairs: garage roller door
Repairs: holes in walls	$1,746.41	Repairs: holes in walls
Repairs: doors	$2,477.91	Repairs: doors
Repairs: floors	$1,120.00	Repairs: floors
Repairs: window	$246.56	Repairs: window
Repairs: kitchen cupboards	$840.00	Repairs: kitchen cupboards
Cleaning	$200.00	Cleaning
Filing fee reimbursement	$20.44	Filing fee reimbursement
Net award	$29,659.09
Total payable by Tenant to Landlord	$29,659.09