What was Tenancy Tribunal case 5206631 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 5206631?

Cleaning: $552.00 awarded to landlord; Filing Fee: $27.00 awarded to landlord; Lawns and Garden Work: $172.50 awarded to landlord; Property Damage: $310.50 awarded to landlord; Property Damage: $517.50 awarded to landlord; Property Damage: $218.50 awarded to landlord; Two Holes In Hall And Bedroom 2: $575.00 awarded to landlord; Replace Missing Air Conditioner Remo…: $207.00 awarded to landlord

What type of tenancy dispute was case 5206631?

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

Where can I read the official tribunal order for case 5206631?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/12111541-Tribunal_Order_Redacted.pdf.

What was Tenancy Tribunal case 5206631 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 5206631?

Cleaning: $552.00 awarded to landlord; Filing Fee: $27.00 awarded to landlord; Lawns and Garden Work: $172.50 awarded to landlord; Property Damage: $310.50 awarded to landlord; Property Damage: $517.50 awarded to landlord; Property Damage: $218.50 awarded to landlord; Two Holes In Hall And Bedroom 2: $575.00 awarded to landlord; Replace Missing Air Conditioner Remo…: $207.00 awarded to landlord

What type of tenancy dispute was case 5206631?

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

Where can I read the official tribunal order for case 5206631?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/12111541-Tribunal_Order_Redacted.pdf.

New Zealand Tenancy Tribunal Case 5206631 — Property damage

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New Zealand Tenancy Tribunal Case 5206631 — 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 5206631 — net $2,580.00 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Cleaning	$552.00	Cleaning
Lawns and Garden work	$172.50	Lawns and Garden work
Replace missing air conditioner remote	$207.00	Replace missing air conditioner remote
Lock/key replacement	$310.50	Lock/key replacement
Lock/key replacement	$517.50	Lock/key replacement
Replace missing and damaged door handle	$218.50	Replace missing and damaged door handle
Repairs: Two holes in hall and bedroom 2	$575.00	Repairs: Two holes in hall and bedroom 2
Filing fee reimbursement	$27.00	Filing fee reimbursement
Net award	$2,580.00
Total payable by Tenant to Landlord	$2,580.00

Claims and awards for application 5206631 — net $2,580.00 NZD. Verify on MoJ.

Cleaning

Amount: $552.00
Awarded to: Landlord
Reason: Cleaning

Lawns and Garden work

Amount: $172.50
Awarded to: Landlord
Reason: Lawns and Garden work

Replace missing air conditioner remote

Amount: $207.00
Awarded to: Landlord
Reason: Replace missing air conditioner remote

Lock/key replacement

Amount: $310.50
Awarded to: Landlord
Reason: Lock/key replacement

Lock/key replacement

Amount: $517.50
Awarded to: Landlord
Reason: Lock/key replacement

Claim types — money lines allowed on this order

Cleanliness Filing Fee Lawns And Garden Work Property damage

Order

An application for suppression has been made in this case, and the Tribunal orders suppression of the Landlord name and identifying details.
Fatali Louise Faatonuga must pay [The landlord/s] $2,580.00 immediately, calculated as shown in table below.

Reasons

The landlord attended the video hearing. The tenant did not join the video link and calls to his cell phone diverted to voice message. I am satisfied that the tenant received notice of the hearing and did not attend.
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 (RTA).
The tenant did not leave the premises reasonably clean and tidy, including the lawns, and did not remove all rubbish, as shown in photos produced in evidence.
The tenant locked themselves out during the tenancy and the landlord had to arrange a locksmith to open the door for them. The tenants also damaged the keys during the tenancy requiring a change of locks.
The air conditioner remote was missing at the end of the tenancy and had to be replaced.
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: The dining room French door handle was broken off and there were two holes in the hallway and bedroom 2. 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.
As the tenants has substantially succeeded in the proceedings, they are entitled to suppression of their name and identifying details as requested, and to reimbursement of 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 5206631 — net $2,580.00 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Cleaning	$552.00	Cleaning
Lawns and Garden work	$172.50	Lawns and Garden work
Replace missing air conditioner remote	$207.00	Replace missing air conditioner remote
Lock/key replacement	$310.50	Lock/key replacement
Lock/key replacement	$517.50	Lock/key replacement
Replace missing and damaged door handle	$218.50	Replace missing and damaged door handle
Repairs: Two holes in hall and bedroom 2	$575.00	Repairs: Two holes in hall and bedroom 2
Filing fee reimbursement	$27.00	Filing fee reimbursement
Net award	$2,580.00
Total payable by Tenant to Landlord	$2,580.00

Claims and awards for application 5206631 — net $2,580.00 NZD. Verify on MoJ.

Cleaning

Amount: $552.00
Awarded to: Landlord
Reason: Cleaning

Lawns and Garden work

Amount: $172.50
Awarded to: Landlord
Reason: Lawns and Garden work

Replace missing air conditioner remote

Amount: $207.00
Awarded to: Landlord
Reason: Replace missing air conditioner remote

Lock/key replacement

Amount: $310.50
Awarded to: Landlord
Reason: Lock/key replacement

Lock/key replacement

Amount: $517.50
Awarded to: Landlord
Reason: Lock/key replacement

Claim types — money lines allowed on this order

Cleanliness Filing Fee Lawns And Garden Work Property damage

Order

An application for suppression has been made in this case, and the Tribunal orders suppression of the Landlord name and identifying details.
Fatali Louise Faatonuga must pay [The landlord/s] $2,580.00 immediately, calculated as shown in table below.

Reasons

The landlord attended the video hearing. The tenant did not join the video link and calls to his cell phone diverted to voice message. I am satisfied that the tenant received notice of the hearing and did not attend.
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 (RTA).
The tenant did not leave the premises reasonably clean and tidy, including the lawns, and did not remove all rubbish, as shown in photos produced in evidence.
The tenant locked themselves out during the tenancy and the landlord had to arrange a locksmith to open the door for them. The tenants also damaged the keys during the tenancy requiring a change of locks.
The air conditioner remote was missing at the end of the tenancy and had to be replaced.
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: The dining room French door handle was broken off and there were two holes in the hallway and bedroom 2. 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.
As the tenants has substantially succeeded in the proceedings, they are entitled to suppression of their name and identifying details as requested, and to reimbursement of the filing fee.

Tenancy Tribunal case 5206631 — Property damage

At a glance

Tenancy Tribunal case 5206631 — Property damage

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

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

Frequently asked questions