Published tribunal order
Tenancy Tribunal case 5095410 — Property damage at 16 Montmere Avenue, Te Atatu Peninsula, Auckland 0610
Decided 18 Mar 2025 · Published 18 Mar 2025 · Application 5095410
Landlord favoured
- Property damage
- Cleanliness
Order
- Ngahuia Tiki Nelson and Ayisha Leef-Hiku must pay PR Property Management Limited as agent for Htain Lin Oo $832.81 immediately, calculated as shown in table below.
- The Bond Centre is to pay the bond of $3,400.00 (5667887-001) to PR Property Management Limited as agent for Htain Lin Oo immediately. DescriptionLandlord Washer/Dryer$615.46 Electronic doorbell$223.30 Wi-Fi booster$264.15 Lawn mower$250.00 Heaters$218.90 Venetian blind$59.00 TV and sound bar$250.00 Dining table and chairs$250.00 Cleaning$250.00 Lawns and garden work$250.00 Repairing walls, door frame, dog and other damage$1,250.00 Window repairs$150.00 Lock/key replacement$175.00 Filing fee reimbursement$27.00 Sub-total$4,232.81 Bond$3,400.00 Amount tenants must pay the landlords$832.81
Reasons
- Ramasubramanian Narayanaraja attended the hearing for the landlord’s agent.
- The tenants did not attend. The hearing proceeded in their absence.
- The landlord has applied for compensation, reimbursement of the filing fee, and payment over of the bond following the end of the tenancy.
Did the tenants comply with their obligations at the end of the tenancy?
- At the end of the tenancy the tenants must leave the premises reasonably clean and tidy, remove all rubbish, and leave all chattels provided for their benefit. 1
- The tenants did not leave the premises reasonably clean and tidy.
- The following chattels were missing at the end of the tenancy: washer and dryer, wireless doorbell, Wi-Fi booster, electric lawnmower, three panel heaters, 65-inch televisions and sound bar, six dining chairs, dining table, and four bar stools.
- Having viewed the photographs, receipts, and heard from Mr Narayanaraja, I am satisfied that the landlord has satisfactorily proved the amounts ordered above.
- In calculating the amounts that the tenants owe for the missing chattels, I have accounted for betterment and depreciation. The chattels were about 27 months old. I have adjusted their value to reflect their useful life if the tenants had not taken them.
Are the tenants liable for the damage to the premises?
- During the tenancy, the tenants’ dog chewed the balcony railing and weatherboards, two garage weatherboards were broken, four internal walls were damaged, a wooden venetian blind was broken, the front door’s glass was cracked, the front door’s lock was broken, and an interior door frame was cracked.
- I am satisfied that this damage to the premises occurred during the tenancy and is more than fair wear and tear. 1 Residential Tenancies Act 1986 (RTA), s 40(1)(e)(ii)-(v).
- The tenants have not proven they did not carelessly or intentionally cause or permit the damage.
- The landlord has satisfactorily proved the amounts the Tribunal orders above for the damage. 2 Filing fee
- The tenants must reimburse the landlord for the filing fee. Bond
- The Tribunal directs the Bond Centre to pay the bond to the landlords.