What was Tenancy Tribunal case 5006133 about?

The tribunal order states: The tenancy of Okeroa Karawana at 25 Edmonton Road, Henderson, Auckland

How much money was awarded in case 5006133?

Filing Fee: $27.00 awarded to landlord; Property Damage: $3,289.00 awarded to landlord; Property Damage: $1,113.65 awarded to landlord; Property Damage: $18.00 awarded to landlord; Rent Arrears: $1,757.71 awarded to landlord; Unblock Sink And Replace Missing Sto…: $164.80 awarded to landlord; Water Rates: $420.75 awarded to landlord

What type of tenancy dispute was case 5006133?

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

Where can I read the official tribunal order for case 5006133?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/11008173-Tribunal_Order_Redacted.pdf.

What was Tenancy Tribunal case 5006133 about?

The tribunal order states: The tenancy of Okeroa Karawana at 25 Edmonton Road, Henderson, Auckland

How much money was awarded in case 5006133?

Filing Fee: $27.00 awarded to landlord; Property Damage: $3,289.00 awarded to landlord; Property Damage: $1,113.65 awarded to landlord; Property Damage: $18.00 awarded to landlord; Rent Arrears: $1,757.71 awarded to landlord; Unblock Sink And Replace Missing Sto…: $164.80 awarded to landlord; Water Rates: $420.75 awarded to landlord

What type of tenancy dispute was case 5006133?

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

Where can I read the official tribunal order for case 5006133?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/11008173-Tribunal_Order_Redacted.pdf.

25 Edmonton Road, Henderson, Auckland 0612 Tenancy Tribunal Case 5006133 — Property damage

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25 Edmonton Road, Henderson, Auckland 0612 Tenancy Tribunal Case 5006133 — 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 5006133 — net $6,182.91 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears to 31 October 2024	$1,757.71	Rent arrears to 31 October 2024
Water rates	$420.75	Water rates
Unblock sink and replace missing stopper	$164.80	Unblock sink and replace missing stopper
Repair damage to door and walls	$3,289.00	Repair damage to door and walls
Glass repairs to window and door	$1,113.65	Glass repairs to window and door
Lock/key replacement	$18.00	Lock/key replacement
Filing fee reimbursement	$27.00	Filing fee reimbursement
Net award	$6,182.91
Total payable by Tenant to Landlord	$6,182.91

Claims and awards for application 5006133 — net $6,182.91 NZD. Verify on MoJ.

Rent arrears to 31 October 2024

Amount: $1,757.71
Awarded to: Landlord
Reason: Rent arrears to 31 October 2024

Water rates

Amount: $420.75
Awarded to: Landlord
Reason: Water rates

Unblock sink and replace missing stopper

Amount: $164.80
Awarded to: Landlord
Reason: Unblock sink and replace missing stopper

Repair damage to door and walls

Amount: $3,289.00
Awarded to: Landlord
Reason: Repair damage to door and walls

Glass repairs to window and door

Amount: $1,113.65
Awarded to: Landlord
Reason: Glass repairs to window and door

Claim types — money lines allowed on this order

Filing Fee Property damage Rent arrears Water Rates

Order

The tenancy of Okeroa Karawana at 25 Edmonton Road, Henderson, Auckland 0612 is terminated, and possession is granted to [The landlord/s], at 11:59 pm on 31 October 2024.
Okeroa Karawana must pay [The landlord/s] $5,762.16 immediately, being rent arrears to 31 October 2024, water rates, damages and reimbursement of the filing fee, less the bond, calculated as shown in the table below:
The Bond Centre is to pay the bond of $608.00 (6356248-002) to [The landlord/s] immediately.
The landlord’s claims for rubbish removal; cockroach treatment and timber reglaze are dismissed.

Reasons

The landlord attended the hearing. The tenant did not attend the hearing. The tenant has not communicated with the Tribunal as to why she would not attend the hearing and the hearing proceeded in the tenant’s absence.
The landlord has applied for termination of the tenancy, rent arrears, water rates, damages to the property, and refund of the bond.

Should the tenancy be terminated?

Rent was at least 21 days in arrears on the date the application was filed. The tenancy is terminated in accordance with section 55(1)(a) of the Residential Tenancies Act 1986 (RTA).

How much is owed for rent and water rates?

The landlord provided rent records in the form of a rent ledger which prove the amount of rent owing.
The landlord has also provided written records, including invoices, of the unpaid water rates.
These sums are proved.

Is the tenant responsible for the damage to the premises?

Sections 40(2)(a), 41 and 49B of the RTA provide that 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.
Section 49B(3)(a) of the RTA provides that 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).
Section 49B(3)(b) of the RTA provides that 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). Section 49B(3A)(a) of the RTA provides that where insurance money is irrecoverable because of the tenant's conduct, the property is treated as if it is not insured against the damage.
Section 49B(1) of the RTA provides that 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.
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 landlord claims the following damage was caused during the tenancy: a. the stopper for the kitchen sink was lost needing to be replaced and causing the sink to become blocked; b. significant damage to a sliding door and walls; c. the glass in the rumpus room window and the front door was broken; d. a key had to be recut; e. significant rubbish which needed to be removed; f. the property needed to be treated for cockroaches; and g. timber needed to be reglazed.
The landlord has provided a pre-tenancy inspection report showing the condition of the property at the start of the premises. The landlord has provided invoices for the damage claimed and photographs showing some of the damage.
Having reviewed the photographic evidence, I am satisfied that the damage referred to in paragraph 12a) to d) above was caused during the tenancy and was more than fair wear and tear. I am also satisfied that the tenant has not disproved liability for this damage.
The landlord has not provided photographs showing that there was rubbish that needed to be collected or that the tenant’s actions (or lack of action) caused a cockroach infestation. The landlord was unable to explain the damage which was referred to as a “timber reglaze”. I am not satisfied that that the damage referred to in paragraph 12e) to g) was caused during the tenancy and these claims are dismissed.
The landlord has substantially succeeded with the claim. For this reason, I have granted the application for suppression and ordered reimbursement of 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 5006133 — net $6,182.91 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears to 31 October 2024	$1,757.71	Rent arrears to 31 October 2024
Water rates	$420.75	Water rates
Unblock sink and replace missing stopper	$164.80	Unblock sink and replace missing stopper
Repair damage to door and walls	$3,289.00	Repair damage to door and walls
Glass repairs to window and door	$1,113.65	Glass repairs to window and door
Lock/key replacement	$18.00	Lock/key replacement
Filing fee reimbursement	$27.00	Filing fee reimbursement
Net award	$6,182.91
Total payable by Tenant to Landlord	$6,182.91

Claims and awards for application 5006133 — net $6,182.91 NZD. Verify on MoJ.

Rent arrears to 31 October 2024

Amount: $1,757.71
Awarded to: Landlord
Reason: Rent arrears to 31 October 2024

Water rates

Amount: $420.75
Awarded to: Landlord
Reason: Water rates

Unblock sink and replace missing stopper

Amount: $164.80
Awarded to: Landlord
Reason: Unblock sink and replace missing stopper

Repair damage to door and walls

Amount: $3,289.00
Awarded to: Landlord
Reason: Repair damage to door and walls

Glass repairs to window and door

Amount: $1,113.65
Awarded to: Landlord
Reason: Glass repairs to window and door

Claim types — money lines allowed on this order

Filing Fee Property damage Rent arrears Water Rates

Order

The tenancy of Okeroa Karawana at 25 Edmonton Road, Henderson, Auckland 0612 is terminated, and possession is granted to [The landlord/s], at 11:59 pm on 31 October 2024.
Okeroa Karawana must pay [The landlord/s] $5,762.16 immediately, being rent arrears to 31 October 2024, water rates, damages and reimbursement of the filing fee, less the bond, calculated as shown in the table below:
The Bond Centre is to pay the bond of $608.00 (6356248-002) to [The landlord/s] immediately.
The landlord’s claims for rubbish removal; cockroach treatment and timber reglaze are dismissed.

Reasons

The landlord attended the hearing. The tenant did not attend the hearing. The tenant has not communicated with the Tribunal as to why she would not attend the hearing and the hearing proceeded in the tenant’s absence.
The landlord has applied for termination of the tenancy, rent arrears, water rates, damages to the property, and refund of the bond.

Should the tenancy be terminated?

Rent was at least 21 days in arrears on the date the application was filed. The tenancy is terminated in accordance with section 55(1)(a) of the Residential Tenancies Act 1986 (RTA).

How much is owed for rent and water rates?

The landlord provided rent records in the form of a rent ledger which prove the amount of rent owing.
The landlord has also provided written records, including invoices, of the unpaid water rates.
These sums are proved.

Is the tenant responsible for the damage to the premises?

Sections 40(2)(a), 41 and 49B of the RTA provide that 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.
Section 49B(3)(a) of the RTA provides that 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).
Section 49B(3)(b) of the RTA provides that 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). Section 49B(3A)(a) of the RTA provides that where insurance money is irrecoverable because of the tenant's conduct, the property is treated as if it is not insured against the damage.
Section 49B(1) of the RTA provides that 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.
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 landlord claims the following damage was caused during the tenancy: a. the stopper for the kitchen sink was lost needing to be replaced and causing the sink to become blocked; b. significant damage to a sliding door and walls; c. the glass in the rumpus room window and the front door was broken; d. a key had to be recut; e. significant rubbish which needed to be removed; f. the property needed to be treated for cockroaches; and g. timber needed to be reglazed.
The landlord has provided a pre-tenancy inspection report showing the condition of the property at the start of the premises. The landlord has provided invoices for the damage claimed and photographs showing some of the damage.
Having reviewed the photographic evidence, I am satisfied that the damage referred to in paragraph 12a) to d) above was caused during the tenancy and was more than fair wear and tear. I am also satisfied that the tenant has not disproved liability for this damage.
The landlord has not provided photographs showing that there was rubbish that needed to be collected or that the tenant’s actions (or lack of action) caused a cockroach infestation. The landlord was unable to explain the damage which was referred to as a “timber reglaze”. I am not satisfied that that the damage referred to in paragraph 12e) to g) was caused during the tenancy and these claims are dismissed.
The landlord has substantially succeeded with the claim. For this reason, I have granted the application for suppression and ordered reimbursement of the filing fee.

Tenancy Tribunal case 5006133 — Property damage at 25 Edmonton Road, Henderson, Auckland 0612

At a glance

Tenancy Tribunal case 5006133 — Property damage at 25 Edmonton Road, Henderson, Auckland 0612

At a glance

Award balance

Claims & awards

Order

Reasons

Should the tenancy be terminated?

How much is owed for rent and water rates?

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

Should the tenancy be terminated?

How much is owed for rent and water rates?

Is the tenant responsible for the damage to the premises?

Topics & place

Residential Tenancies Act sections

Key findings

Frequently asked questions