What was the outcome of Tenancy Tribunal case 5132893?

The tribunal order states: Courtney Edwards must pay Talor Wayne Saxe $22,187.71 immediately,

How much money was awarded in case 5132893?

Cleaning: $1,800.00 awarded to landlord; Cost Of Meth Test Kit Due To Drug Pa…: $121.50 awarded to landlord; Filing Fee: $27.00 awarded to landlord; Lawns and Garden Work: $300.00 awarded to landlord; Lost Rent: $2,480.00 awarded to landlord; Pest Control: $13.99 awarded to landlord; Previous Order Under Application 478…: $1,213.30 awarded to landlord; Property Damage: $94.16 awarded to landlord; Property Damage: $380.00 awarded to landlord; Rent Arrears: $1,505.71 awarded to landlord; Property Damage: $2,480.00 awarded to landlord; Door handles, toilet roll holder, ba…: $356.70 awarded to landlord; Kitchen Cabinets: $2,480.00 awarded to landlord; Walls: $6,000.00 awarded to landlord; Replace furnishings: GIB and curtain…: $435.35 awarded to landlord; Rubbish Removal: $2,500.00 awarded to landlord

What type of tenancy dispute was case 5132893?

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

Where can I read the official tribunal order for case 5132893?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/11794576-Tenancy_Tribunal_Order.pdf.

What was the outcome of Tenancy Tribunal case 5132893?

The tribunal order states: Courtney Edwards must pay Talor Wayne Saxe $22,187.71 immediately,

How much money was awarded in case 5132893?

Cleaning: $1,800.00 awarded to landlord; Cost Of Meth Test Kit Due To Drug Pa…: $121.50 awarded to landlord; Filing Fee: $27.00 awarded to landlord; Lawns and Garden Work: $300.00 awarded to landlord; Lost Rent: $2,480.00 awarded to landlord; Pest Control: $13.99 awarded to landlord; Previous Order Under Application 478…: $1,213.30 awarded to landlord; Property Damage: $94.16 awarded to landlord; Property Damage: $380.00 awarded to landlord; Rent Arrears: $1,505.71 awarded to landlord; Property Damage: $2,480.00 awarded to landlord; Door handles, toilet roll holder, ba…: $356.70 awarded to landlord; Kitchen Cabinets: $2,480.00 awarded to landlord; Walls: $6,000.00 awarded to landlord; Replace furnishings: GIB and curtain…: $435.35 awarded to landlord; Rubbish Removal: $2,500.00 awarded to landlord

What type of tenancy dispute was case 5132893?

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

Where can I read the official tribunal order for case 5132893?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/11794576-Tenancy_Tribunal_Order.pdf.

8B Myna Place, Weymouth, Auckland 2103 Tenancy Tribunal Case 5132893 — Property damage

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8B Myna Place, Weymouth, Auckland 2103 Tenancy Tribunal Case 5132893 — 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 5132893 — net $22,187.71 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears from 10 Jan to 26 Jan 2024	$1,505.71	Rent arrears from 10 Jan to 26 Jan 2024
Previous order under application 4780277 dated 26/01/2024	$1,213.30	Previous order under application 4780277 dated 26/01/2024
Pest control	$13.99	Pest control
Lock/key replacement	$94.16	Lock/key replacement
Replace furnishings: GIB and curtains	$435.35	Replace furnishings: GIB and curtains
Cost of meth test kit due to drug paraphernalia found in the property	$121.50	Cost of meth test kit due to drug paraphernalia found in the property
Repairs: carpet replacement	$2,480.00	Repairs: carpet replacement
Repairs: walls	$6,000.00	Repairs: walls
Repairs: kitchen cabinets	$2,480.00	Repairs: kitchen cabinets
Repairs: Door handles, toilet roll holder, bathroom tap, kitchen tap and toilet	$356.70	Repairs: Door handles, toilet roll holder, bathroom tap, kitchen tap and toilet
Window repairs	$380.00	Window repairs
Rubbish removal	$2,500.00	Rubbish removal
Cleaning	$1,800.00	Cleaning
Lawns and Garden work	$300.00	Lawns and Garden work
Filing fee reimbursement	$27.00	Filing fee reimbursement
Lost rent while repairs and cleaning and rubbish removal are carried out	$2,480.00	Lost rent while repairs and cleaning and rubbish removal are carried out
Net award	$22,187.71
Total payable by Tenant to Landlord	$22,187.71

Claims and awards for application 5132893 — net $22,187.71 NZD. Verify on MoJ.

Rent arrears from 10 Jan to 26 Jan 2024

Amount: $1,505.71
Awarded to: Landlord
Reason: Rent arrears from 10 Jan to 26 Jan 2024

Previous order under application 4780277 dated 26/01/2024

Amount: $1,213.30
Awarded to: Landlord
Reason: Previous order under application 4780277 dated 26/01/2024

Pest control

Amount: $13.99
Awarded to: Landlord
Reason: Pest control

Lock/key replacement

Amount: $94.16
Awarded to: Landlord
Reason: Lock/key replacement

Replace furnishings: GIB and curtains

Amount: $435.35
Awarded to: Landlord
Reason: Replace furnishings: GIB and curtains

Claim types — money lines allowed on this order

Cleanliness Filing Fee Lawns And Garden Work Lost Rent Pest Control Property damage Rent arrears Rubbish Removal

Order

Courtney Edwards must pay Talor Wayne Saxe $22,187.71 immediately, calculated as shown in table below. DescriptionLandlord Rent arrears from 10 Jan to 26 Jan 2024$1,505.71 Previous order under application 4780277 dated 26/01/2024$1,213.30 Pest control$13.99 Lock/key replacement$94.16 Replace furnishings: GIB and curtains$435.35 Cost of meth test kit due to drug paraphernalia found in the property$121.50 Repairs: carpet replacement$2,480.00 Repairs: walls$6,000.00 Repairs: kitchen cabinets$2,480.00 Repairs: Door handles, toilet roll holder, bathroom tap, kitchen tap and toilet $356.70 Window repairs$380.00 Rubbish removal$2,500.00 Cleaning$1,800.00 Lawns and Garden work$300.00 Filing fee reimbursement$27.00 Lost rent while repairs and cleaning and rubbish removal are carried out $2,480.00 Total award$22,187.71 Total payable by Tenant to Landlord$22,187.71
This order incorporates the Tribunal order made on 26 January 2024 under application4780277.

Reasons

Only the landlord attended 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 26 January 2024 by order of the Tribunal dated 26/01/2024 under application 4780277. The landlord provided rent records which prove the amount owing at the end of the tenancy.
The previous order dated 26 January 2024 only included rent arrears to 9 January 2024, the filing fee and refund of the bond. The previous order is incorporated into this order for enforcement purposes.

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 did not leave the premises reasonably clean and tidy, and did not remove all rubbish.
The tenant did not return the keys.
The following chattels were missing at the end of the tenancy: gib and curtains. The landlord had to replace them.
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: walls, doors, kitchen, bathroom, toilet and carpet. The damage is more than fair wear and tear, and the tenant has not disproved liability for the damage.
The amounts ordered are proved.
I have taken into account betterment and depreciation. 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.

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 5132893 — net $22,187.71 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears from 10 Jan to 26 Jan 2024	$1,505.71	Rent arrears from 10 Jan to 26 Jan 2024
Previous order under application 4780277 dated 26/01/2024	$1,213.30	Previous order under application 4780277 dated 26/01/2024
Pest control	$13.99	Pest control
Lock/key replacement	$94.16	Lock/key replacement
Replace furnishings: GIB and curtains	$435.35	Replace furnishings: GIB and curtains
Cost of meth test kit due to drug paraphernalia found in the property	$121.50	Cost of meth test kit due to drug paraphernalia found in the property
Repairs: carpet replacement	$2,480.00	Repairs: carpet replacement
Repairs: walls	$6,000.00	Repairs: walls
Repairs: kitchen cabinets	$2,480.00	Repairs: kitchen cabinets
Repairs: Door handles, toilet roll holder, bathroom tap, kitchen tap and toilet	$356.70	Repairs: Door handles, toilet roll holder, bathroom tap, kitchen tap and toilet
Window repairs	$380.00	Window repairs
Rubbish removal	$2,500.00	Rubbish removal
Cleaning	$1,800.00	Cleaning
Lawns and Garden work	$300.00	Lawns and Garden work
Filing fee reimbursement	$27.00	Filing fee reimbursement
Lost rent while repairs and cleaning and rubbish removal are carried out	$2,480.00	Lost rent while repairs and cleaning and rubbish removal are carried out
Net award	$22,187.71
Total payable by Tenant to Landlord	$22,187.71

Claims and awards for application 5132893 — net $22,187.71 NZD. Verify on MoJ.

Rent arrears from 10 Jan to 26 Jan 2024

Amount: $1,505.71
Awarded to: Landlord
Reason: Rent arrears from 10 Jan to 26 Jan 2024

Previous order under application 4780277 dated 26/01/2024

Amount: $1,213.30
Awarded to: Landlord
Reason: Previous order under application 4780277 dated 26/01/2024

Pest control

Amount: $13.99
Awarded to: Landlord
Reason: Pest control

Lock/key replacement

Amount: $94.16
Awarded to: Landlord
Reason: Lock/key replacement

Replace furnishings: GIB and curtains

Amount: $435.35
Awarded to: Landlord
Reason: Replace furnishings: GIB and curtains

Claim types — money lines allowed on this order

Cleanliness Filing Fee Lawns And Garden Work Lost Rent Pest Control Property damage Rent arrears Rubbish Removal

Order

Courtney Edwards must pay Talor Wayne Saxe $22,187.71 immediately, calculated as shown in table below. DescriptionLandlord Rent arrears from 10 Jan to 26 Jan 2024$1,505.71 Previous order under application 4780277 dated 26/01/2024$1,213.30 Pest control$13.99 Lock/key replacement$94.16 Replace furnishings: GIB and curtains$435.35 Cost of meth test kit due to drug paraphernalia found in the property$121.50 Repairs: carpet replacement$2,480.00 Repairs: walls$6,000.00 Repairs: kitchen cabinets$2,480.00 Repairs: Door handles, toilet roll holder, bathroom tap, kitchen tap and toilet $356.70 Window repairs$380.00 Rubbish removal$2,500.00 Cleaning$1,800.00 Lawns and Garden work$300.00 Filing fee reimbursement$27.00 Lost rent while repairs and cleaning and rubbish removal are carried out $2,480.00 Total award$22,187.71 Total payable by Tenant to Landlord$22,187.71
This order incorporates the Tribunal order made on 26 January 2024 under application4780277.

Reasons

Only the landlord attended 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 26 January 2024 by order of the Tribunal dated 26/01/2024 under application 4780277. The landlord provided rent records which prove the amount owing at the end of the tenancy.
The previous order dated 26 January 2024 only included rent arrears to 9 January 2024, the filing fee and refund of the bond. The previous order is incorporated into this order for enforcement purposes.

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 did not leave the premises reasonably clean and tidy, and did not remove all rubbish.
The tenant did not return the keys.
The following chattels were missing at the end of the tenancy: gib and curtains. The landlord had to replace them.
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: walls, doors, kitchen, bathroom, toilet and carpet. The damage is more than fair wear and tear, and the tenant has not disproved liability for the damage.
The amounts ordered are proved.
I have taken into account betterment and depreciation. 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.

Tenancy Tribunal case 5132893 — Property damage at 8B Myna Place, Weymouth, Auckland 2103

At a glance

Tenancy Tribunal case 5132893 — Property damage at 8B Myna Place, Weymouth, Auckland 2103

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

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

Frequently asked questions