What was the outcome of Tenancy Tribunal case 4975934?

The tribunal order states: Phillip Wimutu Te Pou must pay Reforma P.M. Limited T/A Harcouts As Agent

How much money was awarded in case 4975934?

Cleaning: $402.50 awarded to landlord; Filing Fee: $27.00 awarded to landlord; Property Damage: $675.17 awarded to landlord; Property Damage: $608.25 awarded to landlord; Property Damage: $402.00 awarded to landlord; Water Rates: $557.74 awarded to landlord

What type of tenancy dispute was case 4975934?

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

Where can I read the official tribunal order for case 4975934?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/10956849-Tenancy_Tribunal_Order.pdf.

What was the outcome of Tenancy Tribunal case 4975934?

The tribunal order states: Phillip Wimutu Te Pou must pay Reforma P.M. Limited T/A Harcouts As Agent

How much money was awarded in case 4975934?

Cleaning: $402.50 awarded to landlord; Filing Fee: $27.00 awarded to landlord; Property Damage: $675.17 awarded to landlord; Property Damage: $608.25 awarded to landlord; Property Damage: $402.00 awarded to landlord; Water Rates: $557.74 awarded to landlord

What type of tenancy dispute was case 4975934?

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

Where can I read the official tribunal order for case 4975934?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/10956849-Tenancy_Tribunal_Order.pdf.

Unit/Flat 3, 239 Great South Road, Manurewa, Auckland Tenancy Tribunal Case 4975934 — Property damage

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Unit/Flat 3, 239 Great South Road, Manurewa, Auckland Tenancy Tribunal Case 4975934 — 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 4975934 — net $2,672.66 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Water rates	$557.74	2. The landlord has applied for water rates arrears, compensation and reimbursement of the filing fee following the end of the tenancy.
Carpet replacement	$675.17	Carpet replacement
Repair to ceiling and removal of rubbish	$608.25	Repair to ceiling and removal of rubbish
Lock/key replacement	$402.00	Lock/key replacement
Cleaning	$402.50	Cleaning
Filing fee reimbursement	$27.00	Filing fee reimbursement
Net award	$2,672.66
Total payable by Tenant to Landlord	$2,672.66

Claims and awards for application 4975934 — net $2,672.66 NZD. Verify on MoJ.

Water rates

Amount: $557.74
Awarded to: Landlord
Reason: 2. The landlord has applied for water rates arrears, compensation and reimbursement of the filing fee following the end of the tenancy.

Carpet replacement

Amount: $675.17
Awarded to: Landlord
Reason: Carpet replacement

Repair to ceiling and removal of rubbish

Amount: $608.25
Awarded to: Landlord
Reason: Repair to ceiling and removal of rubbish

Lock/key replacement

Amount: $402.00
Awarded to: Landlord
Reason: Lock/key replacement

Cleaning

Amount: $402.50
Awarded to: Landlord
Reason

Claim types — money lines allowed on this order

Cleanliness Filing Fee Property damage Water Rates

Order

Phillip Wimutu Te Pou must pay Reforma P.M. Limited T/A Harcouts As Agent For Mcauslin Family Trust $2,672.66 immediately, calculated as shown in table below.

Reasons

The Landlord attended the hearing by video. The Tenant did not attend by video or answer two telephone calls made by the Tribunal to the Tenants mobile.
The landlord has applied for water rates arrears, compensation and reimbursement of the filing fee following the end of the tenancy.

How much is owed for water rates?

The tenancy ended on 18 July 2024. The landlord provided 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 Landlord provided photographs of the untidy condition of the property at the end of the tenancy and a cleaning invoice. It appeared as if the Tenant just left the property with no effort to clean anything.
The tenant did not return the keys. The Landlord had to re-key a number of doors and an invoice was provided from the locksmith.
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: damage to the carpet in one bedroom and hole in the ceiling.
The Landlord claimed the carpet in one bedroom was extensively damaged by what appeared to be chemical burns. This was tested for drug manufacture however the results were inconclusive. The Landlord claimed for the replacement of the carpet because the damage was widespread.
The bedroom also had a make-shift ventilation hole. Photographs were provided of the hole in the wardrobe ceiling and carpet damage. There were also costs claimed to remove the rubbish after the repairs were complete.
An invoice was provided for the damage to the carpet and ceiling as well as an ingoing inspection report to prove this damage was caused during the tenancy. It appears as if the damage was intentional. 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 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.
As the Landlord has been wholly successful, the Tenant must reimburse the 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 4975934 — net $2,672.66 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Water rates	$557.74	2. The landlord has applied for water rates arrears, compensation and reimbursement of the filing fee following the end of the tenancy.
Carpet replacement	$675.17	Carpet replacement
Repair to ceiling and removal of rubbish	$608.25	Repair to ceiling and removal of rubbish
Lock/key replacement	$402.00	Lock/key replacement
Cleaning	$402.50	Cleaning
Filing fee reimbursement	$27.00	Filing fee reimbursement
Net award	$2,672.66
Total payable by Tenant to Landlord	$2,672.66

Claims and awards for application 4975934 — net $2,672.66 NZD. Verify on MoJ.

Water rates

Amount: $557.74
Awarded to: Landlord
Reason: 2. The landlord has applied for water rates arrears, compensation and reimbursement of the filing fee following the end of the tenancy.

Carpet replacement

Amount: $675.17
Awarded to: Landlord
Reason: Carpet replacement

Repair to ceiling and removal of rubbish

Amount: $608.25
Awarded to: Landlord
Reason: Repair to ceiling and removal of rubbish

Lock/key replacement

Amount: $402.00
Awarded to: Landlord
Reason: Lock/key replacement

Cleaning

Amount: $402.50
Awarded to: Landlord
Reason

Claim types — money lines allowed on this order

Cleanliness Filing Fee Property damage Water Rates

Order

Phillip Wimutu Te Pou must pay Reforma P.M. Limited T/A Harcouts As Agent For Mcauslin Family Trust $2,672.66 immediately, calculated as shown in table below.

Reasons

The Landlord attended the hearing by video. The Tenant did not attend by video or answer two telephone calls made by the Tribunal to the Tenants mobile.
The landlord has applied for water rates arrears, compensation and reimbursement of the filing fee following the end of the tenancy.

How much is owed for water rates?

The tenancy ended on 18 July 2024. The landlord provided 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 Landlord provided photographs of the untidy condition of the property at the end of the tenancy and a cleaning invoice. It appeared as if the Tenant just left the property with no effort to clean anything.
The tenant did not return the keys. The Landlord had to re-key a number of doors and an invoice was provided from the locksmith.
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: damage to the carpet in one bedroom and hole in the ceiling.
The Landlord claimed the carpet in one bedroom was extensively damaged by what appeared to be chemical burns. This was tested for drug manufacture however the results were inconclusive. The Landlord claimed for the replacement of the carpet because the damage was widespread.
The bedroom also had a make-shift ventilation hole. Photographs were provided of the hole in the wardrobe ceiling and carpet damage. There were also costs claimed to remove the rubbish after the repairs were complete.
An invoice was provided for the damage to the carpet and ceiling as well as an ingoing inspection report to prove this damage was caused during the tenancy. It appears as if the damage was intentional. 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 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.
As the Landlord has been wholly successful, the Tenant must reimburse the filing fee.

Tenancy Tribunal case 4975934 — Property damage at Unit/Flat 3, 239 Great South Road, Manurewa, Auckland

At a glance

Tenancy Tribunal case 4975934 — Property damage at Unit/Flat 3, 239 Great South Road, Manurewa, Auckland

At a glance

Award balance

Claims & awards

Order

Reasons

How much is owed for water rates?

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 water rates?

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