What was the outcome of Tenancy Tribunal case 5042669?

The tribunal order states: Tutai Tekii must pay Barfoot & Thompson Limited $244.50 immediately,

How much money was awarded in case 5042669?

Cleaning: $747.50 awarded to landlord; Filing Fee: $27.00 awarded to landlord; Property Damage: $2,150.00 awarded to landlord

What type of tenancy dispute was case 5042669?

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

Where can I read the official tribunal order for case 5042669?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/11348594-Tenancy_Tribunal_Order.pdf.

What was the outcome of Tenancy Tribunal case 5042669?

The tribunal order states: Tutai Tekii must pay Barfoot & Thompson Limited $244.50 immediately,

How much money was awarded in case 5042669?

Cleaning: $747.50 awarded to landlord; Filing Fee: $27.00 awarded to landlord; Property Damage: $2,150.00 awarded to landlord

What type of tenancy dispute was case 5042669?

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

Where can I read the official tribunal order for case 5042669?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/11348594-Tenancy_Tribunal_Order.pdf.

180A Old Wairoa Road, Papakura, Papakura 2110 Tenancy Tribunal Case 5042669 — Property damage

Reasons

Claims and awards in Tenancy Tribunal application 5042669 — net $244.50 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Insurance excess for fire damage	$2,150.00	Insurance excess for fire damage
Cleaning	$747.50	Cleaning
Filing fee reimbursement	$27.00	Filing fee reimbursement
Net award	$244.50
Total payable by Tenant to Landlord	$244.50

The landlord’s agent attended the hearing, which was conducted by teleconference. Despite several attempts, the Tribunal was unable to contact the tenant on the contact number provided in the application. I find it reasonable to proceed with the hearing in the tenant’s absence as I am satisfied that adequate service of the hearing notice has been completed.

The landlord has applied for compensation for damages and cleaning, refund of the bond, 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, tenants are obligated to leave the premises reasonably clean and tidy, remove all rubbish, return all keys and security devices, and leave all chattels provided for their benefit. This is outlined in section 40(1)(e)(ii)-(v) of the Residential Tenancies Act 1986 (RTA). Additionally, a landlord must prove that damage to the premises occurred during the tenancy and that the damage exceeds fair wear and tear. If this is established, the tenant must prove they did not carelessly or intentionally cause or permit the damage. Tenants are also liable for the actions of individuals at the premises with their permission, per sections 40(2)(a), 41, and 49B RTA.

The landlord claims an insurance excess of $2,150.00 for fire damage. On or about 9 September 2024, a fire occurred in a bedroom at the tenancy address. The SMS incident report confirms that the fire was caused by the overheating of a power pack used for charging a vape. The fire gutted the entire bedroom, causing extensive fire and smoke damage and rendering the property uninhabitable. This was supported by photographic evidence produced by the landlord, which demonstrates the extent of the damage. Additionally, the landlord’s insurer accepted cover for the damage, and the insurance excess was confirmed through communications from the insurer. The landlord’s evidence regarding the fire damage and insurance excess is undisputed. On this evidence, I find the tenant liable for the damage caused by the fire and award the landlord’s claim for the insurance excess of $2,150.00

Due to the severity of the fire damage, the property was no longer safe for the tenant and their family to occupy, and the tenancy had to end. Notwithstanding the fire-damaged areas, the tenant was still required to leave the remainder of the property reasonably clean and tidy, as stipulated under section 40(1)(e) RTA. However, the landlord’s photographs of the property at the end of the tenancy show that the tenant failed to meet this obligation. The landlord’s evidence, which includes photographs and testimony regarding the condition of the property, is undisputed. The evidence supports the landlord’s claim for cleaning costs, which I find reasonable under the circumstances, and I award $747.50 for cleaning.

The landlord has established both claims to the required standard of proof. The amounts awarded are reasonable, supported by evidence, and consistent with the obligations imposed on tenants under the RTA.

As the landlord has wholly succeeded with the claim, I must order the tenant to reimburse the filing fee.

Claims and awards in Tenancy Tribunal application 5042669 — net $244.50 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Insurance excess for fire damage	$2,150.00	Insurance excess for fire damage
Cleaning	$747.50	Cleaning
Filing fee reimbursement	$27.00	Filing fee reimbursement
Net award	$244.50
Total payable by Tenant to Landlord	$244.50

Order

Tutai Tekii must pay Barfoot & Thompson Limited $244.50 immediately, calculated as shown in table below.
The Bond Centre is to pay the bond of $2,680.00 (3539230-006) to Barfoot & Thompson Limited immediately.

Reasons

The landlord’s agent attended the hearing, which was conducted by teleconference. Despite several attempts, the Tribunal was unable to contact the tenant on the contact number provided in the application. I find it reasonable to proceed with the hearing in the tenant’s absence as I am satisfied that adequate service of the hearing notice has been completed.
The landlord has applied for compensation for damages and cleaning, refund of the bond, 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, tenants are obligated to leave the premises reasonably clean and tidy, remove all rubbish, return all keys and security devices, and leave all chattels provided for their benefit. This is outlined in section 40(1)(e)(ii)-(v) of the Residential Tenancies Act 1986 (RTA). Additionally, a landlord must prove that damage to the premises occurred during the tenancy and that the damage exceeds fair wear and tear. If this is established, the tenant must prove they did not carelessly or intentionally cause or permit the damage. Tenants are also liable for the actions of individuals at the premises with their permission, per sections 40(2)(a), 41, and 49B RTA.
The landlord claims an insurance excess of $2,150.00 for fire damage. On or about 9 September 2024, a fire occurred in a bedroom at the tenancy address. The SMS incident report confirms that the fire was caused by the overheating of a power pack used for charging a vape. The fire gutted the entire bedroom, causing extensive fire and smoke damage and rendering the property uninhabitable. This was supported by photographic evidence produced by the landlord, which demonstrates the extent of the damage. Additionally, the landlord’s insurer accepted cover for the damage, and the insurance excess was confirmed through communications from the insurer. The landlord’s evidence regarding the fire damage and insurance excess is undisputed. On this evidence, I find the tenant liable for the damage caused by the fire and award the landlord’s claim for the insurance excess of $2,150.00
Due to the severity of the fire damage, the property was no longer safe for the tenant and their family to occupy, and the tenancy had to end. Notwithstanding the fire-damaged areas, the tenant was still required to leave the remainder of the property reasonably clean and tidy, as stipulated under section 40(1)(e) RTA. However, the landlord’s photographs of the property at the end of the tenancy show that the tenant failed to meet this obligation. The landlord’s evidence, which includes photographs and testimony regarding the condition of the property, is undisputed. The evidence supports the landlord’s claim for cleaning costs, which I find reasonable under the circumstances, and I award $747.50 for cleaning.
The landlord has established both claims to the required standard of proof. The amounts awarded are reasonable, supported by evidence, and consistent with the obligations imposed on tenants under the RTA.
As the landlord has wholly succeeded with the claim, I must order the tenant to reimburse the filing fee.

Tenancy Tribunal case 5042669 — Property damage at 180A Old Wairoa Road, Papakura, Papakura 2110

At a glance

Tenancy Tribunal case 5042669 — Property damage at 180A Old Wairoa Road, Papakura, Papakura 2110

At a glance

Award balance

Claims & awards

Order

Reasons

Did the tenant comply with their obligations?

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?

Topics & place

Residential Tenancies Act sections

Key findings

Property management

Frequently asked questions