What was the outcome of Tenancy Tribunal case 4935073?

The tribunal order states: Rawinia Wikitoria Joseph must pay Oaks Property Management Limited

How much money was awarded in case 4935073?

Property Damage: $230.00 awarded to landlord; Filing Fee: $27.00 awarded to landlord; Property Damage: $862.50 awarded to landlord; Property Damage: $621.00 awarded to landlord; Property Damage: $920.00 awarded to landlord; Property Damage: $690.00 awarded to landlord; Property Damage: $1,380.00 awarded to landlord; Dining Rooms Walls: $450.00 awarded to landlord; Property Damage: $575.00 awarded to landlord; Replace Pantry Door: $230.00 awarded to landlord; Rubbish Removal: $1,280.00 awarded to landlord; Property Damage: $287.50 awarded to landlord

What type of tenancy dispute was case 4935073?

The primary dispute was Property damage.

Where can I read the official tribunal order for case 4935073?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/10925146-Tenancy_Tribunal_Order.pdf.

What was the outcome of Tenancy Tribunal case 4935073?

The tribunal order states: Rawinia Wikitoria Joseph must pay Oaks Property Management Limited

How much money was awarded in case 4935073?

Property Damage: $230.00 awarded to landlord; Filing Fee: $27.00 awarded to landlord; Property Damage: $862.50 awarded to landlord; Property Damage: $621.00 awarded to landlord; Property Damage: $920.00 awarded to landlord; Property Damage: $690.00 awarded to landlord; Property Damage: $1,380.00 awarded to landlord; Dining Rooms Walls: $450.00 awarded to landlord; Property Damage: $575.00 awarded to landlord; Replace Pantry Door: $230.00 awarded to landlord; Rubbish Removal: $1,280.00 awarded to landlord; Property Damage: $287.50 awarded to landlord

What type of tenancy dispute was case 4935073?

The primary dispute was Property damage.

Where can I read the official tribunal order for case 4935073?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/10925146-Tenancy_Tribunal_Order.pdf.

65 Smiths Avenue, Papakura, Auckland 2110 Tenancy Tribunal Case 4935073 — Property damage

Reasons

Claims and awards in Tenancy Tribunal application 4935073 — net $7,553.00 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rubbish removal: large skip and trailer	$1,280.00	Rubbish removal: large skip and trailer
Window replacement in exterior doors	$862.50	Window replacement in exterior doors
Lock/key and door handle replacement	$621.00	Lock/key and door handle replacement
Repairs: water damaged floor	$575.00	Repairs: water damaged floor
Window repairs: bedroom	$287.50	Window repairs: bedroom
Repairs: dining rooms walls	$450.00	Repairs: dining rooms walls
Electrical fittings replacement/repair: switch in living area and laundry	$230.00	Electrical fittings replacement/repair: switch in living area and laundry
Replace pantry door	$230.00	Replace pantry door
Oven/stove replacement	$920.00	Oven/stove replacement
Repairs to hallway walls	$690.00	Repairs to hallway walls
Repairs to bedroom walls	$1,380.00	Repairs to bedroom walls
Filing fee reimbursement	$27.00	Filing fee reimbursement
Net award	$7,553.00
Total payable by Tenant to Landlord	$7,553.00

Only the applicant landlord attended the hearing. The tenant did not join the video meeting and did not answer calls to her cellphone.

The landlord has applied for compensation and reimbursement of the filing fee following the end of the tenancy. The bond has been refunded to the applicant and used to reduce the rent arrears 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 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.

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

The tenant did not return the keys. The exterior doors were damaged, and the windows, locks and handles needed to be replaced.

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 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: several walls, doors, windows and areas of flooring were damaged. A new oven provided during the tenancy was not working (probably because it was used as a heating source, despite a heat pump being provided). Two electrical switches were damaged The damage is more than fair wear and tear, is likely largely caused by intentional actions and the tenant has not disproved liability for the damage.

The claim for replacement of the exterior doors is reduced to the window panes and door handle and lock replacement as there is insufficient evidence that the doors had to be replaced or reason provided as to why the replacement cost is so high given the aged doors that were replaced.

The amounts ordered are proved.

I have taken into account betterment and depreciation when assessing the claim for painting and repairs to the flooring and replacement of the stove. 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.

Because Oaks Property Management Limited has substantially succeeded with the claim I have reimbursed the filing fee.

Claims and awards in Tenancy Tribunal application 4935073 — net $7,553.00 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rubbish removal: large skip and trailer	$1,280.00	Rubbish removal: large skip and trailer
Window replacement in exterior doors	$862.50	Window replacement in exterior doors
Lock/key and door handle replacement	$621.00	Lock/key and door handle replacement
Repairs: water damaged floor	$575.00	Repairs: water damaged floor
Window repairs: bedroom	$287.50	Window repairs: bedroom
Repairs: dining rooms walls	$450.00	Repairs: dining rooms walls
Electrical fittings replacement/repair: switch in living area and laundry	$230.00	Electrical fittings replacement/repair: switch in living area and laundry
Replace pantry door	$230.00	Replace pantry door
Oven/stove replacement	$920.00	Oven/stove replacement
Repairs to hallway walls	$690.00	Repairs to hallway walls
Repairs to bedroom walls	$1,380.00	Repairs to bedroom walls
Filing fee reimbursement	$27.00	Filing fee reimbursement
Net award	$7,553.00
Total payable by Tenant to Landlord	$7,553.00

Order

Rawinia Wikitoria Joseph must pay Oaks Property Management Limited $7,553.00 immediately, calculated as shown in table below.

Reasons

Only the applicant landlord attended the hearing. The tenant did not join the video meeting and did not answer calls to her cellphone.
The landlord has applied for compensation and reimbursement of the filing fee following the end of the tenancy. The bond has been refunded to the applicant and used to reduce the rent arrears 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 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.
The tenant did not leave the premises reasonably clean and tidy, and did not remove extensive rubbish.
The tenant did not return the keys. The exterior doors were damaged, and the windows, locks and handles needed to be replaced.
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 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: several walls, doors, windows and areas of flooring were damaged. A new oven provided during the tenancy was not working (probably because it was used as a heating source, despite a heat pump being provided). Two electrical switches were damaged The damage is more than fair wear and tear, is likely largely caused by intentional actions and the tenant has not disproved liability for the damage.
The claim for replacement of the exterior doors is reduced to the window panes and door handle and lock replacement as there is insufficient evidence that the doors had to be replaced or reason provided as to why the replacement cost is so high given the aged doors that were replaced.
The amounts ordered are proved.
I have taken into account betterment and depreciation when assessing the claim for painting and repairs to the flooring and replacement of the stove. 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.
Because Oaks Property Management Limited has substantially succeeded with the claim I have reimbursed the filing fee.

Tenancy Tribunal case 4935073 — Property damage at 65 Smiths Avenue, Papakura, Auckland 2110

At a glance

Tenancy Tribunal case 4935073 — Property damage at 65 Smiths Avenue, Papakura, Auckland 2110

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