What was the outcome of Tenancy Tribunal case 5042288?

The tribunal order states: Reece Christopher Cartmell must pay Mike Flooks and Annette Flooks

How much money was awarded in case 5042288?

Broadband: $24.74 awarded to landlord; Cleaning: $610.00 awarded to landlord; Cleaning: $70.00 awarded to landlord; Carpet Removal, Floor Painting: $1,860.00 awarded to landlord; Filing Fee: $27.00 awarded to landlord; Lawns and Garden Work: $7.50 awarded to landlord; Power: $71.30 awarded to landlord; Property Damage: $228.85 awarded to landlord; Property Damage: $5,871.95 awarded to landlord; Rent Arrears: $240.00 awarded to landlord; Water Rates: $29.14 awarded to landlord

What type of tenancy dispute was case 5042288?

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

Where can I read the official tribunal order for case 5042288?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/11738666-Tribunal_Order.pdf.

What was the outcome of Tenancy Tribunal case 5042288?

The tribunal order states: Reece Christopher Cartmell must pay Mike Flooks and Annette Flooks

How much money was awarded in case 5042288?

Broadband: $24.74 awarded to landlord; Cleaning: $610.00 awarded to landlord; Cleaning: $70.00 awarded to landlord; Carpet Removal, Floor Painting: $1,860.00 awarded to landlord; Filing Fee: $27.00 awarded to landlord; Lawns and Garden Work: $7.50 awarded to landlord; Power: $71.30 awarded to landlord; Property Damage: $228.85 awarded to landlord; Property Damage: $5,871.95 awarded to landlord; Rent Arrears: $240.00 awarded to landlord; Water Rates: $29.14 awarded to landlord

What type of tenancy dispute was case 5042288?

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

Where can I read the official tribunal order for case 5042288?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/11738666-Tribunal_Order.pdf.

11 Eske Place, Highland Park, Auckland 2010 Tenancy Tribunal Case 5042288 — Property damage

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11 Eske Place, Highland Park, Auckland 2010 Tenancy Tribunal Case 5042288 — 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 5042288 — net $8,620.48 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears	$240.00	Rent arrears
Water rates	$29.14	Water rates
Power	$71.30	Power
Broadband	$24.74	Broadband
Lawns and Garden work	$7.50	Lawns and Garden work
Carpet Cleaning: Rug Doctor	$70.00	Carpet Cleaning: Rug Doctor
Carpet Cleaning: and assessment	$610.00	Carpet Cleaning: and assessment
Carpet repairs	$228.85	Carpet repairs
Carpet removal, floor painting	$1,860.00	Carpet removal, floor painting
Carpet replacement	$5,871.95	Carpet replacement
Filing fee reimbursement	$27.00	Filing fee reimbursement
Net award	$8,620.48
Total payable by Tenant to Landlord	$8,620.48

Claims and awards for application 5042288 — net $8,620.48 NZD. Verify on MoJ.

Rent arrears

Amount: $240.00
Awarded to: Landlord
Reason: Rent arrears

Water rates

Amount: $29.14
Awarded to: Landlord
Reason: Water rates

Power

Amount: $71.30
Awarded to: Landlord
Reason: Power

Broadband

Amount: $24.74
Awarded to: Landlord
Reason: Broadband

Lawns and Garden work

Amount: $7.50
Awarded to: Landlord
Reason: Lawns and Garden work

Carpet Cleaning: Rug Doctor

Claim types — money lines allowed on this order

Carpet Cleaning Filing Fee Lawns And Garden Work Property damage Rent arrears Water Rates

Order

Reece Christopher Cartmell must pay Mike Flooks and Annette Flooks $8,620.48 immediately, calculated as shown in table below.
The Bond Centre is to pay the bond of $420.00 (5611223-006) to Mike Flooks and Annette Flooks immediately.
This hearing is adjourned for the purpose of [enter details here].
If [specify party] has not [specify action – eg, lodged their own application, produced the document they want to produce] by [specify date], the hearing will be treated as complete and the final order issued by the Tribunal.

Reasons

Both parties attended the hearing.
The landlord has applied for rent arrears, compensation, refund of the bond, and reimbursement of the filing fee following the end of the tenancy. How much is owed for rent [and water rates]?
The tenancy ended on [date]. The landlord provided rent records and water rates invoices which prove the amount owing at the end of the tenancy [specify details].

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: [list]. The landlord had to replace light bulbs and smoke alarm batteries.
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: [list items]. 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.
Because Mike Flooks, Annette Flooks has wholly succeeded with the claim I must reimburse the filing fee. or
Because Mike Flooks, Annette Flooks 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 5042288 — net $8,620.48 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears	$240.00	Rent arrears
Water rates	$29.14	Water rates
Power	$71.30	Power
Broadband	$24.74	Broadband
Lawns and Garden work	$7.50	Lawns and Garden work
Carpet Cleaning: Rug Doctor	$70.00	Carpet Cleaning: Rug Doctor
Carpet Cleaning: and assessment	$610.00	Carpet Cleaning: and assessment
Carpet repairs	$228.85	Carpet repairs
Carpet removal, floor painting	$1,860.00	Carpet removal, floor painting
Carpet replacement	$5,871.95	Carpet replacement
Filing fee reimbursement	$27.00	Filing fee reimbursement
Net award	$8,620.48
Total payable by Tenant to Landlord	$8,620.48

Claims and awards for application 5042288 — net $8,620.48 NZD. Verify on MoJ.

Rent arrears

Amount: $240.00
Awarded to: Landlord
Reason: Rent arrears

Water rates

Amount: $29.14
Awarded to: Landlord
Reason: Water rates

Power

Amount: $71.30
Awarded to: Landlord
Reason: Power

Broadband

Amount: $24.74
Awarded to: Landlord
Reason: Broadband

Lawns and Garden work

Amount: $7.50
Awarded to: Landlord
Reason: Lawns and Garden work

Carpet Cleaning: Rug Doctor

Claim types — money lines allowed on this order

Carpet Cleaning Filing Fee Lawns And Garden Work Property damage Rent arrears Water Rates

Order

Reece Christopher Cartmell must pay Mike Flooks and Annette Flooks $8,620.48 immediately, calculated as shown in table below.
The Bond Centre is to pay the bond of $420.00 (5611223-006) to Mike Flooks and Annette Flooks immediately.
This hearing is adjourned for the purpose of [enter details here].
If [specify party] has not [specify action – eg, lodged their own application, produced the document they want to produce] by [specify date], the hearing will be treated as complete and the final order issued by the Tribunal.

Reasons

Both parties attended the hearing.
The landlord has applied for rent arrears, compensation, refund of the bond, and reimbursement of the filing fee following the end of the tenancy. How much is owed for rent [and water rates]?
The tenancy ended on [date]. The landlord provided rent records and water rates invoices which prove the amount owing at the end of the tenancy [specify details].

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: [list]. The landlord had to replace light bulbs and smoke alarm batteries.
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: [list items]. 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.
Because Mike Flooks, Annette Flooks has wholly succeeded with the claim I must reimburse the filing fee. or
Because Mike Flooks, Annette Flooks has substantially succeeded with the claim I have reimbursed the filing fee.

Tenancy Tribunal case 5042288 — Property damage at 11 Eske Place, Highland Park, Auckland 2010

At a glance

Tenancy Tribunal case 5042288 — Property damage at 11 Eske Place, Highland Park, Auckland 2010

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