What was Tenancy Tribunal case 5155131 about?

The tribunal order states: [The tenant/s] must pay Now Realty Limited T/A Ray White as Agent

How much money was awarded in case 5155131?

Filing Fee: $27.00 awarded to landlord; Property Damage: $1,000.00 awarded to landlord

What type of tenancy dispute was case 5155131?

The primary dispute was Property damage.

Where can I read the official tribunal order for case 5155131?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/11690666-Tenancy_Tribunal_Order.pdf.

What was Tenancy Tribunal case 5155131 about?

The tribunal order states: [The tenant/s] must pay Now Realty Limited T/A Ray White as Agent

How much money was awarded in case 5155131?

Filing Fee: $27.00 awarded to landlord; Property Damage: $1,000.00 awarded to landlord

What type of tenancy dispute was case 5155131?

The primary dispute was Property damage.

Where can I read the official tribunal order for case 5155131?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/11690666-Tenancy_Tribunal_Order.pdf.

Unit/Flat 1, 36 Kirton Crescent, Manurewa, Auckland 2102 Tenancy Tribunal Case 5155131 — Property damage

Tenantcheck Insights

Unit/Flat 1, 36 Kirton Crescent, Manurewa, Auckland 2102 Tenancy Tribunal Case 5155131 — 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 5155131 — net $1,027.00 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Insurance excess	$1,000.00	Insurance excess
Filing fee reimbursement	$27.00	Filing fee reimbursement
Bond deducted from insurance settlement	$2,600.00	Bond deducted from insurance settlement
Net award	$1,027.00
Total payable by Tenant to Landlord	$1,027.00

Claims and awards for application 5155131 — net $1,027.00 NZD. Verify on MoJ.

Insurance excess

Amount: $1,000.00
Awarded to: Landlord
Reason: Insurance excess

Filing fee reimbursement

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

Bond deducted from insurance settlement

Amount: $2,600.00
Awarded to: Landlord
Reason: Bond deducted from insurance settlement

Net award

Landlord $1,027.00

Total payable by Tenant to Landlord

Landlord $1,027.00

Claim types — money lines allowed on this order

Filing Fee Property damage

Order

[The tenant/s] must pay Now Realty Limited T/A Ray White as Agent for Edward Lescher $1,027.00 immediately, calculated as shown in the table below.
The Bond Centre is to pay the bond of $2,600.00 (6548066-001) to Now Realty Limited T/A Ray White as Agent for Edward Lescher immediately.

Reasons

The landlord attended the hearing today. There was no appearance by the tenant.
The landlord has applied for rent arrears, compensation, refund of the bond, and reimbursement of the filing fee following the end of the tenancy. Rent
The tenancy ended on 23 January 2025. The landlord provided rent records showing rent arrears of $2,852.00. Cleaning and Rubbish Removal
At the end of the tenancy the tenant must leave the premises reasonably clean and tidy and remove all rubbish.
There was some cleaning required to the oven and a mattress, bedframe, bike, and other items had been left behind. The invoiced amount for cleaning and rubbish removal was $632.50. Damage to 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.
There was some minor damage to the walls of the premises in the stairwell and an external gate was missing. The damage in the stairwell is more than fair wear and tear and the tenant has not disproved liability for the damage.
The invoiced cost of repairs was $1,194.85. Insurers paid $194.00 for the repairs after deduction of the $1,000.00 excess. Payment by Insurers
The situation is complicated by the fact that insurers accepted liability to pay a maximum of 8 weeks’ loss of rent, less any amount recoverable from funds held as rent in advance and the bond.
Insurers agreed to pay 8 weeks rent ($5,200.00) but deducted the remaining part of the bond ($1,679.50) from this amount after first deducting cleaning ($632.50) and locks ($288.00) from the bond. In other words, insurers reduced their liability by notionally crediting the bond to the landlord.
To the best of my understanding, what this means is that insurers have paid for all the claims, after deduction of the $1,000.00 excess and the bond. It follows that, on these unusual facts, the bond of $2,600.00 represents uninsured loss and must be refunded to the landlord. Filing Fee
The landlord’s application has succeeded. I award 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 5155131 — net $1,027.00 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Insurance excess	$1,000.00	Insurance excess
Filing fee reimbursement	$27.00	Filing fee reimbursement
Bond deducted from insurance settlement	$2,600.00	Bond deducted from insurance settlement
Net award	$1,027.00
Total payable by Tenant to Landlord	$1,027.00

Claims and awards for application 5155131 — net $1,027.00 NZD. Verify on MoJ.

Insurance excess

Amount: $1,000.00
Awarded to: Landlord
Reason: Insurance excess

Filing fee reimbursement

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

Bond deducted from insurance settlement

Amount: $2,600.00
Awarded to: Landlord
Reason: Bond deducted from insurance settlement

Net award

Landlord $1,027.00

Total payable by Tenant to Landlord

Landlord $1,027.00

Claim types — money lines allowed on this order

Filing Fee Property damage

Order

[The tenant/s] must pay Now Realty Limited T/A Ray White as Agent for Edward Lescher $1,027.00 immediately, calculated as shown in the table below.
The Bond Centre is to pay the bond of $2,600.00 (6548066-001) to Now Realty Limited T/A Ray White as Agent for Edward Lescher immediately.

Reasons

The landlord attended the hearing today. There was no appearance by the tenant.
The landlord has applied for rent arrears, compensation, refund of the bond, and reimbursement of the filing fee following the end of the tenancy. Rent
The tenancy ended on 23 January 2025. The landlord provided rent records showing rent arrears of $2,852.00. Cleaning and Rubbish Removal
At the end of the tenancy the tenant must leave the premises reasonably clean and tidy and remove all rubbish.
There was some cleaning required to the oven and a mattress, bedframe, bike, and other items had been left behind. The invoiced amount for cleaning and rubbish removal was $632.50. Damage to 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.
There was some minor damage to the walls of the premises in the stairwell and an external gate was missing. The damage in the stairwell is more than fair wear and tear and the tenant has not disproved liability for the damage.
The invoiced cost of repairs was $1,194.85. Insurers paid $194.00 for the repairs after deduction of the $1,000.00 excess. Payment by Insurers
The situation is complicated by the fact that insurers accepted liability to pay a maximum of 8 weeks’ loss of rent, less any amount recoverable from funds held as rent in advance and the bond.
Insurers agreed to pay 8 weeks rent ($5,200.00) but deducted the remaining part of the bond ($1,679.50) from this amount after first deducting cleaning ($632.50) and locks ($288.00) from the bond. In other words, insurers reduced their liability by notionally crediting the bond to the landlord.
To the best of my understanding, what this means is that insurers have paid for all the claims, after deduction of the $1,000.00 excess and the bond. It follows that, on these unusual facts, the bond of $2,600.00 represents uninsured loss and must be refunded to the landlord. Filing Fee
The landlord’s application has succeeded. I award the filing fee.

Tenancy Tribunal case 5155131 — Property damage at Unit/Flat 1, 36 Kirton Crescent, Manurewa, Auckland 2102

At a glance

Tenancy Tribunal case 5155131 — Property damage at Unit/Flat 1, 36 Kirton Crescent, Manurewa, Auckland 2102

At a glance

Award balance

Claims & awards

Order

Reasons

Topics & place

Residential Tenancies Act sections

Key findings

Property management

Frequently asked questions

Award balance

Claims & awards

Order

Reasons

Topics & place

Residential Tenancies Act sections

Key findings

Property management

Frequently asked questions