What was the outcome of Tenancy Tribunal case 5044918?

The tribunal order states: Kelly-Anne Purvis must pay Mission Property Management Limited $16,430.00

How much money was awarded in case 5044918?

Cleaning: $690.00 awarded to landlord; Filing Fee: $27.00 awarded to landlord; Lightbulbs: $414.00 awarded to landlord; Property Damage: $1,725.00 awarded to landlord; Property Damage: $920.00 awarded to landlord; Painting Of Walls: $4,370.00 awarded to landlord; Replace Carpet: $2,300.00 awarded to landlord; Property Damage: $460.00 awarded to landlord; Property Damage: $299.00 awarded to landlord; Replace Furnishings: Curtains: $1,725.00 awarded to landlord; Rubbish Removal: $3,500.00 awarded to landlord

What type of tenancy dispute was case 5044918?

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

Where can I read the official tribunal order for case 5044918?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/11534718-Tenancy_Tribunal_Order.pdf.

What was the outcome of Tenancy Tribunal case 5044918?

The tribunal order states: Kelly-Anne Purvis must pay Mission Property Management Limited $16,430.00

How much money was awarded in case 5044918?

Cleaning: $690.00 awarded to landlord; Filing Fee: $27.00 awarded to landlord; Lightbulbs: $414.00 awarded to landlord; Property Damage: $1,725.00 awarded to landlord; Property Damage: $920.00 awarded to landlord; Painting Of Walls: $4,370.00 awarded to landlord; Replace Carpet: $2,300.00 awarded to landlord; Property Damage: $460.00 awarded to landlord; Property Damage: $299.00 awarded to landlord; Replace Furnishings: Curtains: $1,725.00 awarded to landlord; Rubbish Removal: $3,500.00 awarded to landlord

What type of tenancy dispute was case 5044918?

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

Where can I read the official tribunal order for case 5044918?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/11534718-Tenancy_Tribunal_Order.pdf.

24 Mirrabooka Avenue, Botany Downs, Auckland 2010 Tenancy Tribunal Case 5044918 — Property damage

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24 Mirrabooka Avenue, Botany Downs, Auckland 2010 Tenancy Tribunal Case 5044918 — 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 5044918 — net $16,430.00 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Cleaning: including carpet cleaning	$690.00	Cleaning: including carpet cleaning
Rubbish removal	$3,500.00	Rubbish removal
Lock/key replacement: including replacement of door	$1,725.00	Lock/key replacement: including replacement of door
Repairs: toilet seat replacement	$460.00	Repairs: toilet seat replacement
Repairs: painting of walls	$4,370.00	Repairs: painting of walls
Window repairs	$920.00	Window repairs
Repairs: window handle replacement	$299.00	Repairs: window handle replacement
Repairs: replace carpet	$2,300.00	Repairs: replace carpet
Light bulbs	$414.00	Light bulbs
Replace furnishings: curtains	$1,725.00	Replace furnishings: curtains
Filing fee reimbursement	$27.00	Filing fee reimbursement
Net award	$16,430.00
Total payable by Tenant to Landlord	$16,430.00

Claims and awards for application 5044918 — net $16,430.00 NZD. Verify on MoJ.

Cleaning: including carpet cleaning

Amount: $690.00
Awarded to: Landlord
Reason: Cleaning: including carpet cleaning

Rubbish removal

Amount: $3,500.00
Awarded to: Landlord
Reason: Rubbish removal

Lock/key replacement: including replacement of door

Amount: $1,725.00
Awarded to: Landlord
Reason: Lock/key replacement: including replacement of door

Repairs: toilet seat replacement

Amount: $460.00
Awarded to: Landlord
Reason: Repairs: toilet seat replacement

Repairs: painting of walls

Amount: $4,370.00
Awarded to: Landlord
Reason: Repairs: painting of walls

Claim types — money lines allowed on this order

Carpet Cleaning Filing Fee Property damage Rubbish Removal

Order

Kelly-Anne Purvis must pay Mission Property Management Limited $16,430.00 immediately, calculated as shown in table below.

Reasons

Only the landlord attended the hearing.
The landlord has applied for compensation, 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?

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 curtains were missing at the end of the tenancy 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.
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: toilet seat, doors, walls, windows, curtains and carpet. 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.

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 5044918 — net $16,430.00 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Cleaning: including carpet cleaning	$690.00	Cleaning: including carpet cleaning
Rubbish removal	$3,500.00	Rubbish removal
Lock/key replacement: including replacement of door	$1,725.00	Lock/key replacement: including replacement of door
Repairs: toilet seat replacement	$460.00	Repairs: toilet seat replacement
Repairs: painting of walls	$4,370.00	Repairs: painting of walls
Window repairs	$920.00	Window repairs
Repairs: window handle replacement	$299.00	Repairs: window handle replacement
Repairs: replace carpet	$2,300.00	Repairs: replace carpet
Light bulbs	$414.00	Light bulbs
Replace furnishings: curtains	$1,725.00	Replace furnishings: curtains
Filing fee reimbursement	$27.00	Filing fee reimbursement
Net award	$16,430.00
Total payable by Tenant to Landlord	$16,430.00

Claims and awards for application 5044918 — net $16,430.00 NZD. Verify on MoJ.

Cleaning: including carpet cleaning

Amount: $690.00
Awarded to: Landlord
Reason: Cleaning: including carpet cleaning

Rubbish removal

Amount: $3,500.00
Awarded to: Landlord
Reason: Rubbish removal

Lock/key replacement: including replacement of door

Amount: $1,725.00
Awarded to: Landlord
Reason: Lock/key replacement: including replacement of door

Repairs: toilet seat replacement

Amount: $460.00
Awarded to: Landlord
Reason: Repairs: toilet seat replacement

Repairs: painting of walls

Amount: $4,370.00
Awarded to: Landlord
Reason: Repairs: painting of walls

Claim types — money lines allowed on this order

Carpet Cleaning Filing Fee Property damage Rubbish Removal

Order

Kelly-Anne Purvis must pay Mission Property Management Limited $16,430.00 immediately, calculated as shown in table below.

Reasons

Only the landlord attended the hearing.
The landlord has applied for compensation, 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?

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 curtains were missing at the end of the tenancy 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.
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: toilet seat, doors, walls, windows, curtains and carpet. 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.

Tenancy Tribunal case 5044918 — Property damage at 24 Mirrabooka Avenue, Botany Downs, Auckland 2010

At a glance

Tenancy Tribunal case 5044918 — Property damage at 24 Mirrabooka Avenue, Botany Downs, 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

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