What was the outcome of Tenancy Tribunal case 5072111?

The tribunal order states: Christine Watene must pay Street Smart Property Management Limited As

How much money was awarded in case 5072111?

Carpet: $550.00 awarded to landlord; Filing Fee: $27.00 awarded to landlord; Property Damage: $550.00 awarded to landlord; Rent Arrears: $777.14 awarded to landlord; Doors: $550.00 awarded to landlord; Kitchen Cabinetry: $550.00 awarded to landlord; Lights: $250.00 awarded to landlord; Painting: $550.00 awarded to landlord; Shower: $150.00 awarded to landlord; Replace Furnishings: Curtains: $150.00 awarded to landlord

What type of tenancy dispute was case 5072111?

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

Where can I read the official tribunal order for case 5072111?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/11587561-Tenancy_Tribunal_Order.pdf.

What was the outcome of Tenancy Tribunal case 5072111?

The tribunal order states: Christine Watene must pay Street Smart Property Management Limited As

How much money was awarded in case 5072111?

Carpet: $550.00 awarded to landlord; Filing Fee: $27.00 awarded to landlord; Property Damage: $550.00 awarded to landlord; Rent Arrears: $777.14 awarded to landlord; Doors: $550.00 awarded to landlord; Kitchen Cabinetry: $550.00 awarded to landlord; Lights: $250.00 awarded to landlord; Painting: $550.00 awarded to landlord; Shower: $150.00 awarded to landlord; Replace Furnishings: Curtains: $150.00 awarded to landlord

What type of tenancy dispute was case 5072111?

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

Where can I read the official tribunal order for case 5072111?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/11587561-Tenancy_Tribunal_Order.pdf.

Unit/Flat 3, 654 Manukau Road, Epsom, Auckland 1023 Tenancy Tribunal Case 5072111 — Property damage

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Unit/Flat 3, 654 Manukau Road, Epsom, Auckland 1023 Tenancy Tribunal Case 5072111 — 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 5072111 — net $1,464.14 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears to 20 September 2024	$777.14	Rent arrears to 20 September 2024
Repairs: painting	$550.00	Repairs: painting
Repairs: doors	$550.00	Repairs: doors
Repairs: lights	$250.00	Repairs: lights
Repairs: kitchen cabinetry	$550.00	Repairs: kitchen cabinetry
Carpet	$550.00	Carpet
Repairs: shower	$150.00	Repairs: shower
Replace furnishings: curtains	$150.00	Replace furnishings: curtains
Window repairs	$550.00	Window repairs
Filing fee reimbursement	$27.00	Filing fee reimbursement
Net award	$1,464.14
Total payable by Tenant to Landlord	$1,464.14

Claims and awards for application 5072111 — net $1,464.14 NZD. Verify on MoJ.

Rent arrears to 20 September 2024

Amount: $777.14
Awarded to: Landlord
Reason: Rent arrears to 20 September 2024

Repairs: painting

Amount: $550.00
Awarded to: Landlord
Reason: Repairs: painting

Repairs: doors

Amount: $550.00
Awarded to: Landlord
Reason: Repairs: doors

Repairs: lights

Amount: $250.00
Awarded to: Landlord
Reason: Repairs: lights

Repairs: kitchen cabinetry

Amount: $550.00
Awarded to: Landlord
Reason: Repairs: kitchen cabinetry

Claim types — money lines allowed on this order

Filing Fee Property damage Rent arrears

Order

Christine Watene must pay Street Smart Property Management Limited As Agent For Akansha Limited $1,464.14 immediately, calculated as shown in table below.
The Bond Centre is to pay the bond of $2,640.00 (3363998-011) to Street Smart Property Management Limited As Agent For Akansha Limited immediately.

Reasons

The landlord attended the hearing. The tenant did not attend 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?

The tenancy ended on 20 September 2024. The landlord provided rent records and water rates invoices which prove the amount owing at the end of the tenancy was $771.14.

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 landlord stated that at the end of the tenancy the tenant left a large amount of rubbish and belongings both inside and outside the premises. The premises had not been cleaned at all, and the curtains had been taken.

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 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.
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 at the end of this tenancy the tenants left the property in poor condition. The landlord produced photographs which showed holes or patches where holes have been partially repaired, in the walls and doors in the lounge, hallway, three bedrooms and bathroom.
The photographs show the kitchen cabinetry to have broken cupboard doors and drawers, and the bathroom to have damaged cabinetry, a broken shower and a missing toilet roll holder. The photographs also show the carpet to be badly stained throughout the house, and to have burn marks in bedroom one. Windows were smashed in the lounge, and the blinds and curtains throughout the house were taken or ruined.
From the extent of the damage and the lack of any explanation from the tenant, I conclude the damage was caused intentionally.
The landlord produced a quote for repairs which amounted to $20,527.50 including GST.
The landlord also submitted an insurance claim. Assessors assessed the value of the damage to be $12,293.50. A cash settlement offer of $7,343.50 was accepted by the landlord. This was the value of the damage less $4,950.00 for nine insurance excesses of $550.00 each.
For some reason, the document provided by the landlord has eight individual claims not nine. I also note that some of the claims are for less than the excess amount of $550.00.
The landlord produced a document from the insurance company which costed the repairs as below: a. Painting$5,000.00 b. Replace doors$700.00 c. Lights$250.00 d. Curtains$400.00 e. Carpet$1,540.00 f. Kitchen$1,500.00 g. Shower repair$300.00 h. Glass repair$1,000.00
Where the cost of repairs is less than the insurance excess, (lights, curtains, shower repair) I have awarded the cost of the repairs. In the case of curtains and shower repair I have reduced the amount further to account for depreciation and betterment. Where the cost of repairs exceeds the insurance excess, I have awarded the insurance excess. I have considered depreciation and betterment for these claims as well, and I determine the insurance excess amounts to be below the residual value of these items. This amounts to a total of $3,300.00.
The amounts ordered are proved.
Because Street Smart Property Management Limited As Agent For Akansha Limited 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 5072111 — net $1,464.14 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears to 20 September 2024	$777.14	Rent arrears to 20 September 2024
Repairs: painting	$550.00	Repairs: painting
Repairs: doors	$550.00	Repairs: doors
Repairs: lights	$250.00	Repairs: lights
Repairs: kitchen cabinetry	$550.00	Repairs: kitchen cabinetry
Carpet	$550.00	Carpet
Repairs: shower	$150.00	Repairs: shower
Replace furnishings: curtains	$150.00	Replace furnishings: curtains
Window repairs	$550.00	Window repairs
Filing fee reimbursement	$27.00	Filing fee reimbursement
Net award	$1,464.14
Total payable by Tenant to Landlord	$1,464.14

Claims and awards for application 5072111 — net $1,464.14 NZD. Verify on MoJ.

Rent arrears to 20 September 2024

Amount: $777.14
Awarded to: Landlord
Reason: Rent arrears to 20 September 2024

Repairs: painting

Amount: $550.00
Awarded to: Landlord
Reason: Repairs: painting

Repairs: doors

Amount: $550.00
Awarded to: Landlord
Reason: Repairs: doors

Repairs: lights

Amount: $250.00
Awarded to: Landlord
Reason: Repairs: lights

Repairs: kitchen cabinetry

Amount: $550.00
Awarded to: Landlord
Reason: Repairs: kitchen cabinetry

Claim types — money lines allowed on this order

Filing Fee Property damage Rent arrears

Order

Christine Watene must pay Street Smart Property Management Limited As Agent For Akansha Limited $1,464.14 immediately, calculated as shown in table below.
The Bond Centre is to pay the bond of $2,640.00 (3363998-011) to Street Smart Property Management Limited As Agent For Akansha Limited immediately.

Reasons

The landlord attended the hearing. The tenant did not attend 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?

The tenancy ended on 20 September 2024. The landlord provided rent records and water rates invoices which prove the amount owing at the end of the tenancy was $771.14.

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 landlord stated that at the end of the tenancy the tenant left a large amount of rubbish and belongings both inside and outside the premises. The premises had not been cleaned at all, and the curtains had been taken.

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 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.
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 at the end of this tenancy the tenants left the property in poor condition. The landlord produced photographs which showed holes or patches where holes have been partially repaired, in the walls and doors in the lounge, hallway, three bedrooms and bathroom.
The photographs show the kitchen cabinetry to have broken cupboard doors and drawers, and the bathroom to have damaged cabinetry, a broken shower and a missing toilet roll holder. The photographs also show the carpet to be badly stained throughout the house, and to have burn marks in bedroom one. Windows were smashed in the lounge, and the blinds and curtains throughout the house were taken or ruined.
From the extent of the damage and the lack of any explanation from the tenant, I conclude the damage was caused intentionally.
The landlord produced a quote for repairs which amounted to $20,527.50 including GST.
The landlord also submitted an insurance claim. Assessors assessed the value of the damage to be $12,293.50. A cash settlement offer of $7,343.50 was accepted by the landlord. This was the value of the damage less $4,950.00 for nine insurance excesses of $550.00 each.
For some reason, the document provided by the landlord has eight individual claims not nine. I also note that some of the claims are for less than the excess amount of $550.00.
The landlord produced a document from the insurance company which costed the repairs as below: a. Painting$5,000.00 b. Replace doors$700.00 c. Lights$250.00 d. Curtains$400.00 e. Carpet$1,540.00 f. Kitchen$1,500.00 g. Shower repair$300.00 h. Glass repair$1,000.00
Where the cost of repairs is less than the insurance excess, (lights, curtains, shower repair) I have awarded the cost of the repairs. In the case of curtains and shower repair I have reduced the amount further to account for depreciation and betterment. Where the cost of repairs exceeds the insurance excess, I have awarded the insurance excess. I have considered depreciation and betterment for these claims as well, and I determine the insurance excess amounts to be below the residual value of these items. This amounts to a total of $3,300.00.
The amounts ordered are proved.
Because Street Smart Property Management Limited As Agent For Akansha Limited has substantially succeeded with the claim I have reimbursed the filing fee.

Tenancy Tribunal case 5072111 — Property damage at Unit/Flat 3, 654 Manukau Road, Epsom, Auckland 1023

At a glance

Tenancy Tribunal case 5072111 — Property damage at Unit/Flat 3, 654 Manukau Road, Epsom, Auckland 1023

At a glance

Award balance

Claims & awards

Order

Reasons

How much is owed for rent?

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

How much is owed for rent?

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