What was Tenancy Tribunal case 4984833 about?

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

How much money was awarded in case 4984833?

Cleaning: $402.50 awarded to landlord; Filing Fee: $27.00 awarded to landlord; Lawns and Garden Work: $172.50 awarded to landlord; Property Damage: $868.25 awarded to landlord; Property Damage: $281.75 awarded to landlord; Property Damage: $4,485.00 awarded to landlord; Front Door: $258.75 awarded to landlord; Rubbish Removal: $287.50 awarded to landlord

What type of tenancy dispute was case 4984833?

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

Where can I read the official tribunal order for case 4984833?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/11212324-Tribunal_Order_Redacted.pdf.

What was Tenancy Tribunal case 4984833 about?

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

How much money was awarded in case 4984833?

Cleaning: $402.50 awarded to landlord; Filing Fee: $27.00 awarded to landlord; Lawns and Garden Work: $172.50 awarded to landlord; Property Damage: $868.25 awarded to landlord; Property Damage: $281.75 awarded to landlord; Property Damage: $4,485.00 awarded to landlord; Front Door: $258.75 awarded to landlord; Rubbish Removal: $287.50 awarded to landlord

What type of tenancy dispute was case 4984833?

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

Where can I read the official tribunal order for case 4984833?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/11212324-Tribunal_Order_Redacted.pdf.

Unit/Flat Unit 7, 2 Donnell Avenue, Favona, Auckland 2024 Tenancy Tribunal Case 4984833 — Property damage

Tenantcheck Insights

Unit/Flat Unit 7, 2 Donnell Avenue, Favona, Auckland 2024 Tenancy Tribunal Case 4984833 — 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 4984833 — net $6,471.25 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Tenant	Reason
Repairs: Front door	$258.75		Repairs: Front door
Rubbish removal	$287.50		Rubbish removal
Window repairs	$868.25		Window repairs
Cleaning	$402.50		Cleaning
Lawns and Garden work	$172.50		Lawns and Garden work
Kitchen tap replacement	$281.75		Kitchen tap replacement
Repairs	$4,485.00		Repairs
Filing fee reimbursement	$27.00		Filing fee reimbursement
Bond released		$312.00	Bond released
Total award	$6,783.25	$312.00
Net award	$6,471.25
Total payable by Tenant to Landlord	$6,471.25

Claims and awards for application 4984833 — net $6,471.25 NZD. Verify on MoJ.

Repairs: Front door

Amount: $258.75
Awarded to: Landlord
Reason: Repairs: Front door

Rubbish removal

Amount: $287.50
Awarded to: Landlord
Reason: Rubbish removal

Window repairs

Amount: $868.25
Awarded to: Landlord
Reason: Window repairs

Cleaning

Amount: $402.50
Awarded to: Landlord
Reason: Cleaning

Lawns and Garden work

Amount: $172.50
Awarded to: Landlord
Reason: Lawns and Garden work

Kitchen tap replacement

Claim types — money lines allowed on this order

Cleanliness Filing Fee Lawns And Garden Work Property damage Rubbish Removal

Order

An application for suppression has been made in this case, and the Tribunal orders suppression of the Landlord name and identifying details.
Matangaro Tangimetua Tangimetua must pay [The landlord/s] $6,471.25 immediately, calculated as shown in table below.

Reasons

The landlord attended the hearing. The tenant did not attend the hearing.
The landlord has applied for compensation and reimbursement of the filing fee following 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 did not leave the premises reasonably clean and tidy, and did not remove all rubbish.
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: missing door, damaged bedroom door, damaged front door, two large wall holes, missing wardrobe door, broken blind, broken window, broken gate hinge, broken kitchen tap. 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.
The landlord sought compensation for replacement of the dishwasher on the basis that it was not working at the end of the tenancy. I am not satisfied that it is the tenant’s fault if an appliance is not working due to normal usage. If the landlord had established that the tenant had used the dishwasher in a negligent manner, then that claim could be successful. In the circumstances the claim is dismissed.
The bond had been released to the landlord prior to the hearing. Therefore, the amount of the bond is deducted from the costs awarded against the tenant.
Because [The applicant/s] has substantially succeeded with the claim I have reimbursed 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 4984833 — net $6,471.25 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Tenant	Reason
Repairs: Front door	$258.75		Repairs: Front door
Rubbish removal	$287.50		Rubbish removal
Window repairs	$868.25		Window repairs
Cleaning	$402.50		Cleaning
Lawns and Garden work	$172.50		Lawns and Garden work
Kitchen tap replacement	$281.75		Kitchen tap replacement
Repairs	$4,485.00		Repairs
Filing fee reimbursement	$27.00		Filing fee reimbursement
Bond released		$312.00	Bond released
Total award	$6,783.25	$312.00
Net award	$6,471.25
Total payable by Tenant to Landlord	$6,471.25

Claims and awards for application 4984833 — net $6,471.25 NZD. Verify on MoJ.

Repairs: Front door

Amount: $258.75
Awarded to: Landlord
Reason: Repairs: Front door

Rubbish removal

Amount: $287.50
Awarded to: Landlord
Reason: Rubbish removal

Window repairs

Amount: $868.25
Awarded to: Landlord
Reason: Window repairs

Cleaning

Amount: $402.50
Awarded to: Landlord
Reason: Cleaning

Lawns and Garden work

Amount: $172.50
Awarded to: Landlord
Reason: Lawns and Garden work

Kitchen tap replacement

Claim types — money lines allowed on this order

Cleanliness Filing Fee Lawns And Garden Work Property damage Rubbish Removal

Order

An application for suppression has been made in this case, and the Tribunal orders suppression of the Landlord name and identifying details.
Matangaro Tangimetua Tangimetua must pay [The landlord/s] $6,471.25 immediately, calculated as shown in table below.

Reasons

The landlord attended the hearing. The tenant did not attend the hearing.
The landlord has applied for compensation and reimbursement of the filing fee following 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 did not leave the premises reasonably clean and tidy, and did not remove all rubbish.
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: missing door, damaged bedroom door, damaged front door, two large wall holes, missing wardrobe door, broken blind, broken window, broken gate hinge, broken kitchen tap. 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.
The landlord sought compensation for replacement of the dishwasher on the basis that it was not working at the end of the tenancy. I am not satisfied that it is the tenant’s fault if an appliance is not working due to normal usage. If the landlord had established that the tenant had used the dishwasher in a negligent manner, then that claim could be successful. In the circumstances the claim is dismissed.
The bond had been released to the landlord prior to the hearing. Therefore, the amount of the bond is deducted from the costs awarded against the tenant.
Because [The applicant/s] has substantially succeeded with the claim I have reimbursed the filing fee.

Tenancy Tribunal case 4984833 — Property damage at Unit/Flat Unit 7, 2 Donnell Avenue, Favona, Auckland 2024

At a glance

Tenancy Tribunal case 4984833 — Property damage at Unit/Flat Unit 7, 2 Donnell Avenue, Favona, Auckland 2024

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

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

Frequently asked questions