What was the outcome of Tenancy Tribunal case 5118388?

The tribunal order states: Uinise Isanita Lavemai Tupou must pay Riverlands Real Estate Limited As

How much money was awarded in case 5118388?

Filing Fee: $27.00 awarded to landlord; Glazing: $922.00 awarded to landlord; Hot Water Cylinder: $2,313.67 awarded to landlord; Lightbulbs: $385.00 awarded to landlord

What type of tenancy dispute was case 5118388?

The primary dispute was Property damage.

Where can I read the official tribunal order for case 5118388?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/11772341-Tenancy_Tribunal_Order.pdf.

What was the outcome of Tenancy Tribunal case 5118388?

The tribunal order states: Uinise Isanita Lavemai Tupou must pay Riverlands Real Estate Limited As

How much money was awarded in case 5118388?

Filing Fee: $27.00 awarded to landlord; Glazing: $922.00 awarded to landlord; Hot Water Cylinder: $2,313.67 awarded to landlord; Lightbulbs: $385.00 awarded to landlord

What type of tenancy dispute was case 5118388?

The primary dispute was Property damage.

Where can I read the official tribunal order for case 5118388?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/11772341-Tenancy_Tribunal_Order.pdf.

7 Fairfield Avenue, Huntly, Huntly 3700 Tenancy Tribunal Case 5118388 — Property damage

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7 Fairfield Avenue, Huntly, Huntly 3700 Tenancy Tribunal Case 5118388 — 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 5118388 — net $3,647.67 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Hot water cylinder	$2,313.67	Hot water cylinder
Replace furnishings: Curtains and lightbulbs	$385.00	Replace furnishings: Curtains and lightbulbs
Glazing	$922.00	Glazing
Filing fee reimbursement	$27.00	Filing fee reimbursement
Net award	$3,647.67
Total payable by Tenant to Landlord	$3,647.67

Claims and awards for application 5118388 — net $3,647.67 NZD. Verify on MoJ.

Hot water cylinder

Amount: $2,313.67
Awarded to: Landlord
Reason: Hot water cylinder

Replace furnishings: Curtains and lightbulbs

Amount: $385.00
Awarded to: Landlord
Reason: Replace furnishings: Curtains and lightbulbs

Glazing

Amount: $922.00
Awarded to: Landlord
Reason: Glazing

Filing fee reimbursement

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

Net award

Landlord $3,647.67

Total payable by Tenant to Landlord

Landlord $3,647.67

Claim types — money lines allowed on this order

Filing Fee Property damage

Order

Uinise Isanita Lavemai Tupou must pay Riverlands Real Estate Limited As Agent For Moueen & Mauzima Hanif $3,647.67 immediately, calculated as shown in table below.

Reasons

The landlord attended the hearing. The tenant was called on the number provided but did not reply. The absence of a party does not prevent the matter from being heard and determined.
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 landlord found the hot water cylinder, curtains and tracks were missing at the end of the tenancy. The landlord had to replace some 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.
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: multiple windows/panes of glass were cracked and broken. The damage is more than fair wear and tear, and the tenant has not disproved liability for the damage.
The amounts ordered are proved.
Because Riverlands Real Estate Limited As Agent For Moueen & Mauzima Hanif has wholly succeeded with the claim, the tenant must reimburse 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 5118388 — net $3,647.67 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Hot water cylinder	$2,313.67	Hot water cylinder
Replace furnishings: Curtains and lightbulbs	$385.00	Replace furnishings: Curtains and lightbulbs
Glazing	$922.00	Glazing
Filing fee reimbursement	$27.00	Filing fee reimbursement
Net award	$3,647.67
Total payable by Tenant to Landlord	$3,647.67

Claims and awards for application 5118388 — net $3,647.67 NZD. Verify on MoJ.

Hot water cylinder

Amount: $2,313.67
Awarded to: Landlord
Reason: Hot water cylinder

Replace furnishings: Curtains and lightbulbs

Amount: $385.00
Awarded to: Landlord
Reason: Replace furnishings: Curtains and lightbulbs

Glazing

Amount: $922.00
Awarded to: Landlord
Reason: Glazing

Filing fee reimbursement

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

Net award

Landlord $3,647.67

Total payable by Tenant to Landlord

Landlord $3,647.67

Claim types — money lines allowed on this order

Filing Fee Property damage

Order

Uinise Isanita Lavemai Tupou must pay Riverlands Real Estate Limited As Agent For Moueen & Mauzima Hanif $3,647.67 immediately, calculated as shown in table below.

Reasons

The landlord attended the hearing. The tenant was called on the number provided but did not reply. The absence of a party does not prevent the matter from being heard and determined.
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 landlord found the hot water cylinder, curtains and tracks were missing at the end of the tenancy. The landlord had to replace some 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.
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: multiple windows/panes of glass were cracked and broken. The damage is more than fair wear and tear, and the tenant has not disproved liability for the damage.
The amounts ordered are proved.
Because Riverlands Real Estate Limited As Agent For Moueen & Mauzima Hanif has wholly succeeded with the claim, the tenant must reimburse the filing fee.

Tenancy Tribunal case 5118388 — Property damage at 7 Fairfield Avenue, Huntly, Huntly 3700

At a glance

Tenancy Tribunal case 5118388 — Property damage at 7 Fairfield Avenue, Huntly, Huntly 3700

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