What was Tenancy Tribunal case 5110730 about?

The tribunal order states: An application for suppression has been made in this case, and the Tribunal

How much money was awarded in case 5110730?

Filing Fee: $27.00 awarded to landlord; Lightbulbs: $32.00 awarded to landlord; Property Damage: $150.00 awarded to landlord; Back Door: $125.00 awarded to landlord; Bedroom Doors: $250.00 awarded to landlord; Chipped Stovetop: $60.00 awarded to landlord; Holes In Interior Walls: $350.00 awarded to landlord; Kitchen Cabinet: $65.00 awarded to landlord; Walls and Doors: $480.00 awarded to landlord; Scratches On Flooring: $416.00 awarded to landlord; Shower Door Seal Replaced: $50.00 awarded to landlord; Rubbish Removal: $860.00 awarded to landlord; Smoke Alarms: $75.00 awarded to landlord; Water Rates: $30.40 awarded to landlord

What type of tenancy dispute was case 5110730?

The primary dispute was Property damage. Related themes: Smoke alarms.

Where can I read the official tribunal order for case 5110730?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/11437716-Tribunal_Order_Redacted.pdf.

What was Tenancy Tribunal case 5110730 about?

The tribunal order states: An application for suppression has been made in this case, and the Tribunal

How much money was awarded in case 5110730?

Filing Fee: $27.00 awarded to landlord; Lightbulbs: $32.00 awarded to landlord; Property Damage: $150.00 awarded to landlord; Back Door: $125.00 awarded to landlord; Bedroom Doors: $250.00 awarded to landlord; Chipped Stovetop: $60.00 awarded to landlord; Holes In Interior Walls: $350.00 awarded to landlord; Kitchen Cabinet: $65.00 awarded to landlord; Walls and Doors: $480.00 awarded to landlord; Scratches On Flooring: $416.00 awarded to landlord; Shower Door Seal Replaced: $50.00 awarded to landlord; Rubbish Removal: $860.00 awarded to landlord; Smoke Alarms: $75.00 awarded to landlord; Water Rates: $30.40 awarded to landlord

What type of tenancy dispute was case 5110730?

The primary dispute was Property damage. Related themes: Smoke alarms.

Where can I read the official tribunal order for case 5110730?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/11437716-Tribunal_Order_Redacted.pdf.

95 Thompson Terrace, Manurewa, Auckland 2102 Tenancy Tribunal Case 5110730 — Property damage

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95 Thompson Terrace, Manurewa, Auckland 2102 Tenancy Tribunal Case 5110730 — 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 5110730 — net $2,970.40 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Water rates	$30.40	Water rates
Filing fee reimbursement	$27.00	Filing fee reimbursement
Rubbish removal	$860.00	Rubbish removal
Repairs: chipped stovetop	$60.00	Repairs: chipped stovetop
Light bulbs/batteries	$32.00	Light bulbs/batteries
Repairs: shower door seal replaced	$50.00	Repairs: shower door seal replaced
Replace smoke alarms	$75.00	Replace smoke alarms
Repairs: back door	$125.00	Repairs: back door
Repairs: bedroom doors	$250.00	Repairs: bedroom doors
Repairs: Holes in interior walls	$350.00	Repairs: Holes in interior walls
Repairs: repainting walls and doors after repair	$480.00	Repairs: repainting walls and doors after repair
Repairs: scratches on flooring	$416.00	Repairs: scratches on flooring
Lock/key replacement: Damage to front door lock	$150.00	Lock/key replacement: Damage to front door lock
Repairs: Kitchen cabinet	$65.00	Repairs: Kitchen cabinet
Net award	$2,970.40
Total payable by Tenant to Landlord	$2,970.40

Claims and awards for application 5110730 — net $2,970.40 NZD. Verify on MoJ.

Water rates

Amount: $30.40
Awarded to: Landlord
Reason: Water rates

Filing fee reimbursement

Amount: $27.00
Awarded to: Landlord
Reason: Filing fee reimbursement

Rubbish removal

Amount: $860.00
Awarded to: Landlord
Reason: Rubbish removal

Repairs: chipped stovetop

Amount: $60.00
Awarded to: Landlord
Reason: Repairs: chipped stovetop

Light bulbs/batteries

Amount: $32.00
Awarded to: Landlord
Reason: Light bulbs/batteries

Claim types — money lines allowed on this order

Filing Fee Property damage Rubbish Removal Replace Smoke Alarms Water Rates

Order

An application for suppression has been made in this case, and the Tribunal orders suppression of the Landlord name and identifying details.
Violet Taaka Tekaute, Cliff Richard Rangatira Ocean TAAKA TAKIAHO and Kororia TAUARIKI must pay [The landlord/s] $2,970.40, calculated as shown in table below. DescriptionLandlord Water rates$30.40 Filing fee reimbursement$27.00 Rubbish removal$860.00 Repairs: chipped stovetop$60.00 Light bulbs/batteries$32.00 Repairs: shower door seal replaced$50.00 Replace smoke alarms$75.00 Repairs: back door$125.00 Repairs: bedroom doors$250.00 Repairs: Holes in interior walls$350.00 Repairs: repainting walls and doors after repair$480.00 Repairs: scratches on flooring$416.00 Lock/key replacement: Damage to front door lock$150.00 Repairs: Kitchen cabinet$65.00 Total award$2,970.40 Total payable by Tenant to Landlord$2,970.40
I am dismissing the landlord’s claim for damages to the corridor flooring, window latches and exterior wall by front door.
The landlord withdrew their claim for the cleaning costs.
I am dismissing the landlords claim for the insurance excess.

Reasons

Both parties attended the hearing.
The landlord has applied for a final water bill, compensation and reimbursement of the filing fee following the end of the tenancy.

How much is owed for water rates?

The tenancy ended on 27 November 2024 after an Order for termination was granted by the Tribunal. The landlord provided water rates invoices which prove the amount of $30.40 owing at the end of the tenancy.
I am satisfied that the landlord has proven their claim for the water bill.

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 tenants did not remove all rubbish. The landlord has provided the Tribunal with photographs of rubbish, such as a car engine and furniture, left at the property and an invoice for $860.00 for rubbish removal.
The landlord had initially sought to claim for cleaning, however, withdrew this claim during the hearing.
The smoke alarm was missing at the end of the tenancy and the landlord had to replace light bulbs and the smoke alarm.
The tenant does not dispute the rubbish left at the property and the missing light bulbs and smoke alarm.
I am satisfied that the landlord has proven their claims for the rubbish removal, replacement smoke alarm and light bulbs.

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 careless, and occurs after 27 August 2019, section 49B RTA applies. If the landlord becomes aware of the damage after 27 August, the damage is presumed to have occurred after that date unless the tenant proves otherwise.
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: -Broken glass back door. -Two broken bedroom doors. -Holes in the interior walls. -Damaged front door lock. -Damaged kitchen cabinet hinges. -Scratches on flooring in lounge -Chipped stovetop -Missing shower door seal. -Damaged walls and door repainting.
The damage is more than fair wear and tear, and the tenant has not disproved liability for the damage.
The landlord has provided pre let photos and exit photographs of the damage. The landlord has also provided invoices for the cost of the repairs to the property.
The tenant accepts the damage was caused by a person in her family that was residing there during the tenancy, relating to the walls and doors, broken glass in back door, chipped stove, missing shower seal. She does not dispute the other claims for door lock, kitchen cabinet and scratches on the lounge floor.
I am satisfied that the landlord has proven their claim for the damages listed above.
The landlord also claimed that the tenants caused the following damages: -Broken flooring in the corridor. -Broken window latches. -Damage to exterior wall by front door.
The landlord stated that the tenant is responsible for the damage to the corridor flooring, broken latches, and wall by front door.
The tenant denies damaging the flooring and stated that there was an ongoing issue with that flooring. It is not in dispute that this flooring had cracked before in a similar way to the damage we see in the photos and had to be repaired by the landlord.
The landlord claims that the previous cracking was repaired and is unrelated to this crack.
The tenant sister, Therese, attended the hearing and said that the corridor flooring was always spongy and there were problems with it and the cracking was not related to damage caused by the tenants.
There has been known issues with cracking of the corridor flooring that required repairs to be carried out during the tenancy, and ongoing claims that the flooring was spongy. For these reasons I am not satisfied that the landlord has proven their claim for the cracked flooring in the corridor.
The tenant says that the window latches were old and plastic. They said they broke off as the result of ordinary use. The landlord said that the property was built in the 1970’s and that some of the latches had been replaced. The landlord was unable to tell the Tribunal which latches had been replaced and when.
The windows were single gazed old style aluminium framed ones. Without proof of replacement and when, I am not satisfied that the window latches were damaged by the tenant, rather than simply broken due to their age and condition.
Similarly, in the pre let photos there was clear evidence of damage to the exterior wall by the front door. The landlord is claiming that the tenants have caused damage, but it was damaged before the tenancy began. I accept that the damage is worse now than at the start of the tenancy.
However, I am not convinced that the deterioration is due to damage rather time or other factors unrelated to the tenants. There was damage to that wall before the tenant took over the property and so I do not accept that the tenant is liable for this damage.
I have taken into account betterment and depreciation on the claims I have accepted as damage that the tenants are liable for. 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.
I am reducing the award for the doors by 50% due to their age and 20% for the walls and doors repairs and repainting. The landlord advised that the property had been repainted and renovated in 2022.
The landlord has applied for suppression of their name and details and as they have largely been successful, I am granting suppression.
For completeness, the landlord also sought an insurance excess relating to a fire at the property. This fire was after the end of the tenancy and not related to the tenant at the hearing. I am dismissing the insurance excess claim as there is no connection between the tenant and the fire and this tenancy.
Because [The applicant/s] 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 5110730 — net $2,970.40 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Water rates	$30.40	Water rates
Filing fee reimbursement	$27.00	Filing fee reimbursement
Rubbish removal	$860.00	Rubbish removal
Repairs: chipped stovetop	$60.00	Repairs: chipped stovetop
Light bulbs/batteries	$32.00	Light bulbs/batteries
Repairs: shower door seal replaced	$50.00	Repairs: shower door seal replaced
Replace smoke alarms	$75.00	Replace smoke alarms
Repairs: back door	$125.00	Repairs: back door
Repairs: bedroom doors	$250.00	Repairs: bedroom doors
Repairs: Holes in interior walls	$350.00	Repairs: Holes in interior walls
Repairs: repainting walls and doors after repair	$480.00	Repairs: repainting walls and doors after repair
Repairs: scratches on flooring	$416.00	Repairs: scratches on flooring
Lock/key replacement: Damage to front door lock	$150.00	Lock/key replacement: Damage to front door lock
Repairs: Kitchen cabinet	$65.00	Repairs: Kitchen cabinet
Net award	$2,970.40
Total payable by Tenant to Landlord	$2,970.40

Claims and awards for application 5110730 — net $2,970.40 NZD. Verify on MoJ.

Water rates

Amount: $30.40
Awarded to: Landlord
Reason: Water rates

Filing fee reimbursement

Amount: $27.00
Awarded to: Landlord
Reason: Filing fee reimbursement

Rubbish removal

Amount: $860.00
Awarded to: Landlord
Reason: Rubbish removal

Repairs: chipped stovetop

Amount: $60.00
Awarded to: Landlord
Reason: Repairs: chipped stovetop

Light bulbs/batteries

Amount: $32.00
Awarded to: Landlord
Reason: Light bulbs/batteries

Claim types — money lines allowed on this order

Filing Fee Property damage Rubbish Removal Replace Smoke Alarms Water Rates

Order

An application for suppression has been made in this case, and the Tribunal orders suppression of the Landlord name and identifying details.
Violet Taaka Tekaute, Cliff Richard Rangatira Ocean TAAKA TAKIAHO and Kororia TAUARIKI must pay [The landlord/s] $2,970.40, calculated as shown in table below. DescriptionLandlord Water rates$30.40 Filing fee reimbursement$27.00 Rubbish removal$860.00 Repairs: chipped stovetop$60.00 Light bulbs/batteries$32.00 Repairs: shower door seal replaced$50.00 Replace smoke alarms$75.00 Repairs: back door$125.00 Repairs: bedroom doors$250.00 Repairs: Holes in interior walls$350.00 Repairs: repainting walls and doors after repair$480.00 Repairs: scratches on flooring$416.00 Lock/key replacement: Damage to front door lock$150.00 Repairs: Kitchen cabinet$65.00 Total award$2,970.40 Total payable by Tenant to Landlord$2,970.40
I am dismissing the landlord’s claim for damages to the corridor flooring, window latches and exterior wall by front door.
The landlord withdrew their claim for the cleaning costs.
I am dismissing the landlords claim for the insurance excess.

Reasons

Both parties attended the hearing.
The landlord has applied for a final water bill, compensation and reimbursement of the filing fee following the end of the tenancy.

How much is owed for water rates?

The tenancy ended on 27 November 2024 after an Order for termination was granted by the Tribunal. The landlord provided water rates invoices which prove the amount of $30.40 owing at the end of the tenancy.
I am satisfied that the landlord has proven their claim for the water bill.

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 tenants did not remove all rubbish. The landlord has provided the Tribunal with photographs of rubbish, such as a car engine and furniture, left at the property and an invoice for $860.00 for rubbish removal.
The landlord had initially sought to claim for cleaning, however, withdrew this claim during the hearing.
The smoke alarm was missing at the end of the tenancy and the landlord had to replace light bulbs and the smoke alarm.
The tenant does not dispute the rubbish left at the property and the missing light bulbs and smoke alarm.
I am satisfied that the landlord has proven their claims for the rubbish removal, replacement smoke alarm and light bulbs.

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 careless, and occurs after 27 August 2019, section 49B RTA applies. If the landlord becomes aware of the damage after 27 August, the damage is presumed to have occurred after that date unless the tenant proves otherwise.
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: -Broken glass back door. -Two broken bedroom doors. -Holes in the interior walls. -Damaged front door lock. -Damaged kitchen cabinet hinges. -Scratches on flooring in lounge -Chipped stovetop -Missing shower door seal. -Damaged walls and door repainting.
The damage is more than fair wear and tear, and the tenant has not disproved liability for the damage.
The landlord has provided pre let photos and exit photographs of the damage. The landlord has also provided invoices for the cost of the repairs to the property.
The tenant accepts the damage was caused by a person in her family that was residing there during the tenancy, relating to the walls and doors, broken glass in back door, chipped stove, missing shower seal. She does not dispute the other claims for door lock, kitchen cabinet and scratches on the lounge floor.
I am satisfied that the landlord has proven their claim for the damages listed above.
The landlord also claimed that the tenants caused the following damages: -Broken flooring in the corridor. -Broken window latches. -Damage to exterior wall by front door.
The landlord stated that the tenant is responsible for the damage to the corridor flooring, broken latches, and wall by front door.
The tenant denies damaging the flooring and stated that there was an ongoing issue with that flooring. It is not in dispute that this flooring had cracked before in a similar way to the damage we see in the photos and had to be repaired by the landlord.
The landlord claims that the previous cracking was repaired and is unrelated to this crack.
The tenant sister, Therese, attended the hearing and said that the corridor flooring was always spongy and there were problems with it and the cracking was not related to damage caused by the tenants.
There has been known issues with cracking of the corridor flooring that required repairs to be carried out during the tenancy, and ongoing claims that the flooring was spongy. For these reasons I am not satisfied that the landlord has proven their claim for the cracked flooring in the corridor.
The tenant says that the window latches were old and plastic. They said they broke off as the result of ordinary use. The landlord said that the property was built in the 1970’s and that some of the latches had been replaced. The landlord was unable to tell the Tribunal which latches had been replaced and when.
The windows were single gazed old style aluminium framed ones. Without proof of replacement and when, I am not satisfied that the window latches were damaged by the tenant, rather than simply broken due to their age and condition.
Similarly, in the pre let photos there was clear evidence of damage to the exterior wall by the front door. The landlord is claiming that the tenants have caused damage, but it was damaged before the tenancy began. I accept that the damage is worse now than at the start of the tenancy.
However, I am not convinced that the deterioration is due to damage rather time or other factors unrelated to the tenants. There was damage to that wall before the tenant took over the property and so I do not accept that the tenant is liable for this damage.
I have taken into account betterment and depreciation on the claims I have accepted as damage that the tenants are liable for. 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.
I am reducing the award for the doors by 50% due to their age and 20% for the walls and doors repairs and repainting. The landlord advised that the property had been repainted and renovated in 2022.
The landlord has applied for suppression of their name and details and as they have largely been successful, I am granting suppression.
For completeness, the landlord also sought an insurance excess relating to a fire at the property. This fire was after the end of the tenancy and not related to the tenant at the hearing. I am dismissing the insurance excess claim as there is no connection between the tenant and the fire and this tenancy.
Because [The applicant/s] has substantially succeeded with the claim I have reimbursed the filing fee.

Tenancy Tribunal case 5110730 — Property damage at 95 Thompson Terrace, Manurewa, Auckland 2102

At a glance

Tenancy Tribunal case 5110730 — Property damage at 95 Thompson Terrace, Manurewa, Auckland 2102

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

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

Frequently asked questions