How much money was awarded in case 4951342?

Filing Fee: $7,066.95 awarded to landlord; To Walls In Living Area: $454.25 awarded to landlord; Rubbish Removal: $345.00 awarded to landlord

What type of tenancy dispute was case 4951342?

The primary dispute was Property damage.

Where can I read the official tribunal order for case 4951342?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/11089345-Tribunal_Order_Redacted.pdf.

How much money was awarded in case 4951342?

Filing Fee: $7,066.95 awarded to landlord; To Walls In Living Area: $454.25 awarded to landlord; Rubbish Removal: $345.00 awarded to landlord

What type of tenancy dispute was case 4951342?

The primary dispute was Property damage.

Where can I read the official tribunal order for case 4951342?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/11089345-Tribunal_Order_Redacted.pdf.

Unit/Flat Unit 1003, 10 Commerce Street, Auckland Central, Tenancy Tribunal Case 4951342 — Property damage

Q: What was Tenancy Tribunal case 4951342 about?

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

Order

Claims and awards in Tenancy Tribunal application 4951342 — net $7,866.20 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent and water arrears, locks and keys, filing fee less bond as per interim order issued 1/10/2024	$7,066.95	Rent and water arrears, locks and keys, filing fee less bond as per interim order issued 1/10/2024
Cleaning and rubbish removal	$345.00	Cleaning and rubbish removal
Repairs: to walls in living area	$454.25	Repairs: to walls in living area
Net award	$7,866.20
Total payable by Tenant to Landlord	$7,866.20

An application for suppression has been made in this case, and the Tribunal orders suppression of the landlord’s name and identifying details.

This order replaces and revokes the interim order issued on 1 October 2024.

Andriyanto Andriyanto must pay [The landlord/s] $7,866.20 immediately, calculated as shown in table below.

Reasons

Only the applicant landlord attended the hearing.

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

How much is owed for rent?

The tenancy ended on 23 September 2024. The landlord provided rent records and 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 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 all rubbish.

The tenant did not return the keys.

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 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.

The following damage was caused during the tenancy: two areas of the living room wall were cracked/damaged during the tenancy. The damage is more than fair wear and tear, and the tenant has not disproved liability for the damage.

The amounts ordered are proved.

I have not taken into account betterment and depreciation. The amount ordered is the repair cost only including touch up painting. The landlord will therefore only be returned to the position they would have been in had the tenant not breached their obligations, and will not be better or worse off.

The landlord’s request for name suppression is approved as the application is successful.

The public interest requires that the tenants name is published.

Claims and awards in Tenancy Tribunal application 4951342 — net $7,866.20 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent and water arrears, locks and keys, filing fee less bond as per interim order issued 1/10/2024	$7,066.95	Rent and water arrears, locks and keys, filing fee less bond as per interim order issued 1/10/2024
Cleaning and rubbish removal	$345.00	Cleaning and rubbish removal
Repairs: to walls in living area	$454.25	Repairs: to walls in living area
Net award	$7,866.20
Total payable by Tenant to Landlord	$7,866.20

Order

An application for suppression has been made in this case, and the Tribunal orders suppression of the landlord’s name and identifying details.
This order replaces and revokes the interim order issued on 1 October 2024.
Andriyanto Andriyanto must pay [The landlord/s] $7,866.20 immediately, calculated as shown in table below.

Reasons

Only the applicant landlord attended the hearing.
The landlord had applied for rent arrears, compensation, refund of the bond, and reimbursement of the filing fee following the end of the tenancy.

How much is owed for rent?

The tenancy ended on 23 September 2024. The landlord provided rent records and 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 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 all rubbish.
The tenant did not return the keys.
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 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.
The following damage was caused during the tenancy: two areas of the living room wall were cracked/damaged during the tenancy. The damage is more than fair wear and tear, and the tenant has not disproved liability for the damage.
The amounts ordered are proved.
I have not taken into account betterment and depreciation. The amount ordered is the repair cost only including touch up painting. The landlord will therefore only be returned to the position they would have been in had the tenant not breached their obligations, and will not be better or worse off.
The landlord’s request for name suppression is approved as the application is successful.
The public interest requires that the tenants name is published.

Tenancy Tribunal case 4951342 — Property damage at Unit/Flat Unit 1003, 10 Commerce Street, Auckland Central,

At a glance

Tenancy Tribunal case 4951342 — Property damage at Unit/Flat Unit 1003, 10 Commerce Street, Auckland Central,

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

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

Frequently asked questions