How much money was awarded in case 4986149?

Break Lease Costs: $575.00 awarded to landlord; Filing Fee: $27.00 awarded to landlord; Rent Arrears: $1,131.43 awarded to landlord; Oven: $1,254.67 awarded to landlord; Stairs: $200.00 awarded to landlord

What type of tenancy dispute was case 4986149?

The primary dispute was Property damage. Related themes: Rent arrears.

Where can I read the official tribunal order for case 4986149?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/11406504-Tribunal_Order_Redacted.pdf.

How much money was awarded in case 4986149?

Break Lease Costs: $575.00 awarded to landlord; Filing Fee: $27.00 awarded to landlord; Rent Arrears: $1,131.43 awarded to landlord; Oven: $1,254.67 awarded to landlord; Stairs: $200.00 awarded to landlord

What type of tenancy dispute was case 4986149?

The primary dispute was Property damage. Related themes: Rent arrears.

Where can I read the official tribunal order for case 4986149?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/11406504-Tribunal_Order_Redacted.pdf.

39B Cascades Road, Pakuranga Heights, Auckland 2010 Tenancy Tribunal Case 4986149 — Property damage

Q: What was Tenancy Tribunal case 4986149 about?

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

Tenantcheck Insights

Order

Claims and awards in Tenancy Tribunal application 4986149 — net $308.10 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears to 25 July 2024	$1,131.43	Rent arrears to 25 July 2024
Repairs: Oven	$1,254.67	Repairs: Oven
Repairs: Stairs	$200.00	Repairs: Stairs
Break lease costs	$575.00	Break lease costs
Filing fee reimbursement	$27.00	Filing fee reimbursement
Net award	$308.10
Total payable by Tenant to Landlord	$308.10

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

Cherie Ann Ngaha, Jaylah - Lee Aroha Duncan and Norman Arthur charles Duncan must pay [The landlord/s] $308.10 immediately, calculated as shown in table below.

The Bond Centre is to pay the bond of $2,880.00 ([Bond number suppressed]) to [The landlord/s] immediately.

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 their claim to the civil law standard of proof, on the balance of probabilities.

How much is owed for rent?

The tenancy ended on 25 July 2024. The landlord provided rent records and which prove the amount owing at the end of the tenancy, namely $1,131.43.

The landlord’s claim for rent arrears is granted in full $1,131.43.

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.

When considering a claim for compensation for damage, the Tribunal has a discretion to award either the full cost of replacement or diminution in value. In determining what option to award, the overarching principle is one of reasonableness. 1

The landlord claims the tenant caused the following damage during the tenancy: a. Removal of oven door; and b. Chips and scratches to the stairs.

I deal with each issue in turn below. Oven door

The landlord gave evidence that the tenant damaged the door of the Bosch oven. The landlord claims the oven was brand new at the beginning of the tenancy and only 7 months old at the end. The landlord gave evidence that the tenancy address is a newly built townhouse and the tenant was the first person to live in the property. 1 Ruxley Electronics v Forsyth [1996] 1 AC 344.

The landlord submitted a photograph of the oven taken during an inspection on 5 May 2024. This photograph shows the entire oven door missing.

On the basis of the photograph submitted by the landlord and evidence given at the hearing, I am satisfied on the balance of probabilities that the tenant damaged the oven door during the tenancy. The damage is more than fair wear and tear, and the tenant has not disproved liability.

The landlord submitted evidence from Bosch declining to repair the oven under warranty. This was because Bosch determined the issue to be the result of intentional damage, rather than a product defect.

The landlord has had the oven replaced at a cost of $1,254.67, including installation. Invoices for this amount were provided.

The landlord’s claim for compensation to replace the oven is granted in full for $1,254.67. Chips and scratches to the stairs

The landlord claims the tenant damaged the stairs during the tenancy when moving furniture.

The landlord submitted photographs of the stairs taken at the end of the tenancy, which show minor chips and scratches on 1 – 2 stairs. The landlord gave evidence that the stairs were brand new at the beginning of the tenancy.

On the basis of the photographs submitted by the landlord and evidence given at the hearing, I am satisfied on the balance of probabilities that the tenant damaged 1 - 2 stairs during the tenancy. I consider the damage to be careless, rather than intentional. It is more than fair wear and tear, and the tenant has not disproved liability.

The landlord has not repaired the stairs but submitted a quote to repair all 15 stairs for $2,550.00 plus GST.

I do not consider it is fair and reasonable to order the tenant to pay the full cost of replacing the entire staircase. The quote to repair the stairs relates to all 15 stairs however, on the basis of the photographs provided by the landlord, I am only convinced that the tenant damaged 1 – 2 stairs. The damage is small and the landlord has not had the repair work completed.

Considering the extent of the damage, I order the tenant to pay the landlord an amount equivalent to the diminution in value. I consider $200.00 fairly reflects this.

The landlord’s claim for compensation to repair the stairs is granted for $200.00.

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. Break lease costs

This was a fixed-term tenancy running from 19 November 2023 to 30 November 2024.

The tenant assigned their tenancy before the end of the fixed term with the consent of the landlord. The landlord is entitled to recover any expenses reasonably incurred by them in respect of the assignment. See section 44A(1) RTA.

The landlord seeks compensation of $575.00 to cover the advertising costs and time incurred vetting new tenants, completing credit checks and lodging a new bond. The landlord provided invoices from TradeMe and their property management company for this amount.

The landlord’s claim for compensation is granted in full for $575.00. Keys

The landlord claims the tenant did not return a spare key, which they replaced at a cost of $8.00. No invoice was submitted and I therefore dismiss this claim. Filing fee

Because [The applicant/s] has wholly succeeded with the claim I must reimburse the filing fee.

Order

Claims and awards in Tenancy Tribunal application 4986149 — net $308.10 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears to 25 July 2024	$1,131.43	Rent arrears to 25 July 2024
Repairs: Oven	$1,254.67	Repairs: Oven
Repairs: Stairs	$200.00	Repairs: Stairs
Break lease costs	$575.00	Break lease costs
Filing fee reimbursement	$27.00	Filing fee reimbursement
Net award	$308.10
Total payable by Tenant to Landlord	$308.10

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

Cherie Ann Ngaha, Jaylah - Lee Aroha Duncan and Norman Arthur charles Duncan must pay [The landlord/s] $308.10 immediately, calculated as shown in table below.

The Bond Centre is to pay the bond of $2,880.00 ([Bond number suppressed]) to [The landlord/s] immediately.

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 their claim to the civil law standard of proof, on the balance of probabilities.

How much is owed for rent?

The tenancy ended on 25 July 2024. The landlord provided rent records and which prove the amount owing at the end of the tenancy, namely $1,131.43.

The landlord’s claim for rent arrears is granted in full $1,131.43.

Is the tenant responsible for the damage to the premises?

The landlord claims the tenant caused the following damage during the tenancy: a. Removal of oven door; and b. Chips and scratches to the stairs.

I deal with each issue in turn below. Oven door

The landlord submitted a photograph of the oven taken during an inspection on 5 May 2024. This photograph shows the entire oven door missing.

The landlord has had the oven replaced at a cost of $1,254.67, including installation. Invoices for this amount were provided.

The landlord’s claim for compensation to replace the oven is granted in full for $1,254.67. Chips and scratches to the stairs

The landlord claims the tenant damaged the stairs during the tenancy when moving furniture.

The landlord has not repaired the stairs but submitted a quote to repair all 15 stairs for $2,550.00 plus GST.

Considering the extent of the damage, I order the tenant to pay the landlord an amount equivalent to the diminution in value. I consider $200.00 fairly reflects this.

The landlord’s claim for compensation to repair the stairs is granted for $200.00.

The amounts ordered are proved.

This was a fixed-term tenancy running from 19 November 2023 to 30 November 2024.

The landlord’s claim for compensation is granted in full for $575.00. Keys

The landlord claims the tenant did not return a spare key, which they replaced at a cost of $8.00. No invoice was submitted and I therefore dismiss this claim. Filing fee

Because [The applicant/s] has wholly succeeded with the claim I must reimburse the filing fee.

Tenancy Tribunal case 4986149 — Property damage at 39B Cascades Road, Pakuranga Heights, Auckland 2010

At a glance

Tenancy Tribunal case 4986149 — Property damage at 39B Cascades Road, Pakuranga Heights, Auckland 2010

At a glance

Award balance

Claims & awards

Order

Reasons

How much is owed for rent?

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?

Is the tenant responsible for the damage to the premises?

Topics & place

Residential Tenancies Act sections

Key findings

Frequently asked questions