What was the outcome of Tenancy Tribunal case 4993788?

The tribunal order states: Kelly Michelle Rangiamohia Edwards, Jasmine Raquel Tata, Jerry William Tata,

How much money was awarded in case 4993788?

Cleaning: $223.94 awarded to landlord; Filing Fee: $27.00 awarded to landlord; Lawns and Garden Work: $75.00 awarded to landlord; Lightbulbs: $9.99 awarded to landlord; Property Damage: $121.04 awarded to landlord; Property Damage: $301.06 awarded to landlord; Rent Arrears: $535.71 awarded to landlord; Bathroom Towel Rail: $78.26 awarded to landlord; Walls and Doors: $485.59 awarded to landlord; Replace Broken Door Stops: $34.74 awarded to landlord; Replace Sink Plugs: $15.87 awarded to landlord; Replace Wardrobe Rail: $45.60 awarded to landlord; Rubbish Removal: $479.00 awarded to landlord; Smoke Alarms: $8.66 awarded to landlord; Storage: $136.08 awarded to landlord

What type of tenancy dispute was case 4993788?

The primary dispute was Property damage. Related themes: Rent arrears, Cleanliness, Smoke alarms.

Where can I read the official tribunal order for case 4993788?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/11422931-Tenancy_Tribunal_Order.pdf.

What was the outcome of Tenancy Tribunal case 4993788?

The tribunal order states: Kelly Michelle Rangiamohia Edwards, Jasmine Raquel Tata, Jerry William Tata,

How much money was awarded in case 4993788?

Cleaning: $223.94 awarded to landlord; Filing Fee: $27.00 awarded to landlord; Lawns and Garden Work: $75.00 awarded to landlord; Lightbulbs: $9.99 awarded to landlord; Property Damage: $121.04 awarded to landlord; Property Damage: $301.06 awarded to landlord; Rent Arrears: $535.71 awarded to landlord; Bathroom Towel Rail: $78.26 awarded to landlord; Walls and Doors: $485.59 awarded to landlord; Replace Broken Door Stops: $34.74 awarded to landlord; Replace Sink Plugs: $15.87 awarded to landlord; Replace Wardrobe Rail: $45.60 awarded to landlord; Rubbish Removal: $479.00 awarded to landlord; Smoke Alarms: $8.66 awarded to landlord; Storage: $136.08 awarded to landlord

What type of tenancy dispute was case 4993788?

The primary dispute was Property damage. Related themes: Rent arrears, Cleanliness, Smoke alarms.

Where can I read the official tribunal order for case 4993788?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/11422931-Tenancy_Tribunal_Order.pdf.

2 Selsey Lane, Manurewa, Auckland 2102 Tenancy Tribunal Case 4993788 — Property damage

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2 Selsey Lane, Manurewa, Auckland 2102 Tenancy Tribunal Case 4993788 — 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 4993788 — net $2,577.54 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears to 8 July 2024	$535.71	Rent arrears to 8 July 2024
Lock/key replacement	$121.04	Lock/key replacement
Window repairs	$301.06	Window repairs
Cleaning	$223.94	Cleaning
Lawns and Garden work	$75.00	Lawns and Garden work
Light bulbs/batteries	$9.99	Light bulbs/batteries
Replace smoke alarms	$8.66	Replace smoke alarms
Replace wardrobe rail	$45.60	Replace wardrobe rail
Replace sink plugs	$15.87	Replace sink plugs
Repairs: Bathroom towel rail	$78.26	Repairs: Bathroom towel rail
Replace broken door stops	$34.74	Replace broken door stops
Repairs: Walls and doors	$485.59	Repairs: Walls and doors
Storage	$136.08	Storage
Rubbish removal	$479.00	Rubbish removal
Filing fee reimbursement	$27.00	Filing fee reimbursement
Net award	$2,577.54
Total payable by Tenant to Landlord	$2,577.54

Claims and awards for application 4993788 — net $2,577.54 NZD. Verify on MoJ.

Rent arrears to 8 July 2024

Amount: $535.71
Awarded to: Landlord
Reason: Rent arrears to 8 July 2024

Lock/key replacement

Amount: $121.04
Awarded to: Landlord
Reason: Lock/key replacement

Window repairs

Amount: $301.06
Awarded to: Landlord
Reason: Window repairs

Cleaning

Amount: $223.94
Awarded to: Landlord
Reason: Cleaning

Lawns and Garden work

Amount: $75.00
Awarded to: Landlord
Reason: Lawns and Garden work

Claim types — money lines allowed on this order

Cleanliness Filing Fee Lawns And Garden Work Property damage Rent arrears Rubbish Removal Replace Smoke Alarms

Order

Kelly Michelle Rangiamohia Edwards, Jasmine Raquel Tata, Jerry William Tata, Aaliyah Jennifer Tata and Wayne Tata must pay Superfund Holdings Limited $2,577.54 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 rent arrears, compensation, and reimbursement of the filing fee following the end of the tenancy.
The Tribunal made an order on 20 June 2024 terminating the tenancy, awarding rent arrears to that date and releasing the bond.
The landlord seeks rent arrears for the period between 21 June 2024 and 8 July 2024 as the tenant was evicted from the tenancy on 9 July 2024. The rent arrears sought is granted.

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 following chattels were missing at the end of the tenancy: smoke alarm, wardrobe rail, door stops, sink plugs. The landlord had to replace light bulbs.
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 walls and doors, broken garage window. The damage is more than fair wear and tear, and the tenant has not disproved liability for the damage.
The amounts ordered are proved.
Because Superfund Holdings Limited has wholly succeeded with the claim I 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 4993788 — net $2,577.54 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears to 8 July 2024	$535.71	Rent arrears to 8 July 2024
Lock/key replacement	$121.04	Lock/key replacement
Window repairs	$301.06	Window repairs
Cleaning	$223.94	Cleaning
Lawns and Garden work	$75.00	Lawns and Garden work
Light bulbs/batteries	$9.99	Light bulbs/batteries
Replace smoke alarms	$8.66	Replace smoke alarms
Replace wardrobe rail	$45.60	Replace wardrobe rail
Replace sink plugs	$15.87	Replace sink plugs
Repairs: Bathroom towel rail	$78.26	Repairs: Bathroom towel rail
Replace broken door stops	$34.74	Replace broken door stops
Repairs: Walls and doors	$485.59	Repairs: Walls and doors
Storage	$136.08	Storage
Rubbish removal	$479.00	Rubbish removal
Filing fee reimbursement	$27.00	Filing fee reimbursement
Net award	$2,577.54
Total payable by Tenant to Landlord	$2,577.54

Claims and awards for application 4993788 — net $2,577.54 NZD. Verify on MoJ.

Rent arrears to 8 July 2024

Amount: $535.71
Awarded to: Landlord
Reason: Rent arrears to 8 July 2024

Lock/key replacement

Amount: $121.04
Awarded to: Landlord
Reason: Lock/key replacement

Window repairs

Amount: $301.06
Awarded to: Landlord
Reason: Window repairs

Cleaning

Amount: $223.94
Awarded to: Landlord
Reason: Cleaning

Lawns and Garden work

Amount: $75.00
Awarded to: Landlord
Reason: Lawns and Garden work

Claim types — money lines allowed on this order

Cleanliness Filing Fee Lawns And Garden Work Property damage Rent arrears Rubbish Removal Replace Smoke Alarms

Order

Kelly Michelle Rangiamohia Edwards, Jasmine Raquel Tata, Jerry William Tata, Aaliyah Jennifer Tata and Wayne Tata must pay Superfund Holdings Limited $2,577.54 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 rent arrears, compensation, and reimbursement of the filing fee following the end of the tenancy.
The Tribunal made an order on 20 June 2024 terminating the tenancy, awarding rent arrears to that date and releasing the bond.
The landlord seeks rent arrears for the period between 21 June 2024 and 8 July 2024 as the tenant was evicted from the tenancy on 9 July 2024. The rent arrears sought is granted.

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 following chattels were missing at the end of the tenancy: smoke alarm, wardrobe rail, door stops, sink plugs. The landlord had to replace light bulbs.
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 walls and doors, broken garage window. The damage is more than fair wear and tear, and the tenant has not disproved liability for the damage.
The amounts ordered are proved.
Because Superfund Holdings Limited has wholly succeeded with the claim I must reimburse the filing fee.

Tenancy Tribunal case 4993788 — Property damage at 2 Selsey Lane, Manurewa, Auckland 2102

At a glance

Tenancy Tribunal case 4993788 — Property damage at 2 Selsey Lane, Manurewa, Auckland 2102

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