What was the outcome of Tenancy Tribunal case 5098391?

The tribunal order states: Sam William-Duffy must pay Property Empire Limited As Agent For Qin And Yu

How much money was awarded in case 5098391?

Cleaning: $500.00 awarded to landlord; Filing Fee: $27.00 awarded to landlord; Walls: $747.45 awarded to landlord; Rubbish Removal: $575.00 awarded to landlord; Water Rates: $380.95 awarded to landlord

What type of tenancy dispute was case 5098391?

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

Where can I read the official tribunal order for case 5098391?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/11566287-Tenancy_Tribunal_Order.pdf.

What was the outcome of Tenancy Tribunal case 5098391?

The tribunal order states: Sam William-Duffy must pay Property Empire Limited As Agent For Qin And Yu

How much money was awarded in case 5098391?

Cleaning: $500.00 awarded to landlord; Filing Fee: $27.00 awarded to landlord; Walls: $747.45 awarded to landlord; Rubbish Removal: $575.00 awarded to landlord; Water Rates: $380.95 awarded to landlord

What type of tenancy dispute was case 5098391?

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

Where can I read the official tribunal order for case 5098391?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/11566287-Tenancy_Tribunal_Order.pdf.

220A Hillsborough Road, Hillsborough, Auckland 1042 Tenancy Tribunal Case 5098391 — Property damage

Reasons

Claims and awards in Tenancy Tribunal application 5098391 — net $2,230.40 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Water rates	$380.95	Water rates
Rubbish removal and cleaning	$575.00	Rubbish removal and cleaning
Repairs: walls	$747.45	Repairs: walls
Carpet cleaning	$500.00	Carpet cleaning
Filing fee reimbursement	$27.00	Filing fee reimbursement
Net award	$2,230.40
Total payable by Tenant to Landlord	$2,230.40

Both parties attended the hearing via teleconference.

The landlord has applied for compensation, exemplary damages, and reimbursement of the filing fee following the end of the tenancy.

How much is owed for water rates?

The tenancy ended on 22 November 2024. The landlord provided a water rates invoices which proves the amount owing at 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 tenant does dispute this part of the claim.

I award $575.00 as claimed.

The landlord claimed $800.00 for carpet cleaning but was unable to provide an in-going inspection report. The tenant does not dispute he is responsible for some carpet cleaning.

Based on the general state of the premises at the end of the tenancy, I find it fair and reasonable that the tenant pay $500.00 for carpet cleaning.

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 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: marks on walls, hole behind door. The damage is more than fair wear and tear, and the tenant does not dispute the claim.

The amount ordered is proved.

The landlord also claimed $1,000.00 exemplary damages for the tenant failing to leave the premises clean and tidy and removal of rubbish. However, this is not an unlawful act under the RTA so this part of the claim must be dismissed.

Because Property Empire Limited As Agent For Qin And Yu Zhang And Zhao has substantially succeeded with the claim, the tenant must reimburse the filing fee.

Claims and awards in Tenancy Tribunal application 5098391 — net $2,230.40 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Water rates	$380.95	Water rates
Rubbish removal and cleaning	$575.00	Rubbish removal and cleaning
Repairs: walls	$747.45	Repairs: walls
Carpet cleaning	$500.00	Carpet cleaning
Filing fee reimbursement	$27.00	Filing fee reimbursement
Net award	$2,230.40
Total payable by Tenant to Landlord	$2,230.40

Order

Sam William-Duffy must pay Property Empire Limited As Agent For Qin And Yu Zhang And Zhao $2,230.40 immediately, calculated as shown in table below.

Reasons

Both parties attended the hearing via teleconference.
The landlord has applied for compensation, exemplary damages, and reimbursement of the filing fee following the end of the tenancy.

How much is owed for water rates?

The tenancy ended on 22 November 2024. The landlord provided a water rates invoices which proves the amount owing at 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 tenant does dispute this part of the claim.
I award $575.00 as claimed.
The landlord claimed $800.00 for carpet cleaning but was unable to provide an in-going inspection report. The tenant does not dispute he is responsible for some carpet cleaning.
Based on the general state of the premises at the end of the tenancy, I find it fair and reasonable that the tenant pay $500.00 for carpet cleaning.
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 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: marks on walls, hole behind door. The damage is more than fair wear and tear, and the tenant does not dispute the claim.
The amount ordered is proved.
The landlord also claimed $1,000.00 exemplary damages for the tenant failing to leave the premises clean and tidy and removal of rubbish. However, this is not an unlawful act under the RTA so this part of the claim must be dismissed.
Because Property Empire Limited As Agent For Qin And Yu Zhang And Zhao has substantially succeeded with the claim, the tenant must reimburse the filing fee.

Tenancy Tribunal case 5098391 — Property damage at 220A Hillsborough Road, Hillsborough, Auckland 1042

At a glance

Tenancy Tribunal case 5098391 — Property damage at 220A Hillsborough Road, Hillsborough, Auckland 1042

At a glance

Award balance

Claims & awards

Order

Reasons

How much is owed for water rates?

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 water rates?

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