What was Tenancy Tribunal case 5267060 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 5267060?

Cleaning: $1,081.00 awarded to landlord; Filing Fee: $27.00 awarded to landlord; Property Damage: $180.00 awarded to landlord; stair rail, bathroom door, door fram…: $1,959.50 awarded to landlord; Rubbish Removal: $389.85 awarded to landlord; Water Rates: $49.54 awarded to landlord

What type of tenancy dispute was case 5267060?

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

Where can I read the official tribunal order for case 5267060?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/12301507-Tribunal_Order_Redacted.pdf.

What was Tenancy Tribunal case 5267060 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 5267060?

Cleaning: $1,081.00 awarded to landlord; Filing Fee: $27.00 awarded to landlord; Property Damage: $180.00 awarded to landlord; stair rail, bathroom door, door fram…: $1,959.50 awarded to landlord; Rubbish Removal: $389.85 awarded to landlord; Water Rates: $49.54 awarded to landlord

What type of tenancy dispute was case 5267060?

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

Where can I read the official tribunal order for case 5267060?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/12301507-Tribunal_Order_Redacted.pdf.

22 Whai Hua Lane, Mangere Bridge, Auckland 2022 Tenancy Tribunal Case 5267060 — Property damage

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22 Whai Hua Lane, Mangere Bridge, Auckland 2022 Tenancy Tribunal Case 5267060 — 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 5267060 — net $3,686.89 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Water rates	$49.54	Water rates
Repairs: stair rail, bathroom door, door frame, walls	$1,959.50	Repairs: stair rail, bathroom door, door frame, walls
Rubbish removal	$389.85	Rubbish removal
Lock/key replacement	$180.00	Lock/key replacement
Cleaning: and lawns	$1,081.00	Cleaning: and lawns
Filing fee reimbursement	$27.00	Filing fee reimbursement
Net award	$3,686.89
Total payable by Tenant to Landlord	$3,686.89

Claims and awards for application 5267060 — net $3,686.89 NZD. Verify on MoJ.

Water rates

Amount: $49.54
Awarded to: Landlord
Reason: Water rates

Repairs: stair rail, bathroom door, door frame, walls

Amount: $1,959.50
Awarded to: Landlord
Reason: Repairs: stair rail, bathroom door, door frame, walls

Rubbish removal

Amount: $389.85
Awarded to: Landlord
Reason: Rubbish removal

Lock/key replacement

Amount: $180.00
Awarded to: Landlord
Reason: Lock/key replacement

Cleaning: and lawns

Amount: $1,081.00
Awarded to: Landlord
Reason: Cleaning: and lawns

Claim types — money lines allowed on this order

Cleanliness Filing Fee Property damage Rubbish Removal Water Rates

Order

An application for suppression has been made in this case, and the Tribunal orders suppression of the Landlord’s name and identifying details. 2.

Reasons

The landlord attended the hearing which was held by teleconference. The tenant did not answer the calls made at the scheduled time on the number provided to the Tribunal.
The tenant has been served by email which is an address for service on his tenancy agreement.
Because I am satisfied the tenant has been served notice of the hearing in accordance with the Residential Tenancies Act, 1986 and the tenant has not requested an adjournment, the hearing was conducted in the tenant’s absence.
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 and return all keys and security devices. See section 40(1)(e)(ii)-(v) Residential Tenancies Act 1986.
The landlord produced photographs that show a large amount of rubbish and belongings of no value have been left at the premises at the end of the tenancy.
No attempt to clean the premises or maintain the lawn has been made. The carpets were left with many stains which remained even after the carpets were professionally cleaned.
The tenant did not return the keys.
The landlord produced invoices for cleaning, rubbish removal and re-barrelling two locks.
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.
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 landlord claims the tenant damaged a stair railing, a doorframe, the bathroom door and the walls. Photographs and an invoice for repairs were produced in support of the claims.
The damage is more than fair wear and tear, and the tenant has not disproved liability for the damage. I consider the damage to include both careless damage and intentional 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.
Because has wholly succeeded with the claim I 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 5267060 — net $3,686.89 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Water rates	$49.54	Water rates
Repairs: stair rail, bathroom door, door frame, walls	$1,959.50	Repairs: stair rail, bathroom door, door frame, walls
Rubbish removal	$389.85	Rubbish removal
Lock/key replacement	$180.00	Lock/key replacement
Cleaning: and lawns	$1,081.00	Cleaning: and lawns
Filing fee reimbursement	$27.00	Filing fee reimbursement
Net award	$3,686.89
Total payable by Tenant to Landlord	$3,686.89

Claims and awards for application 5267060 — net $3,686.89 NZD. Verify on MoJ.

Water rates

Amount: $49.54
Awarded to: Landlord
Reason: Water rates

Repairs: stair rail, bathroom door, door frame, walls

Amount: $1,959.50
Awarded to: Landlord
Reason: Repairs: stair rail, bathroom door, door frame, walls

Rubbish removal

Amount: $389.85
Awarded to: Landlord
Reason: Rubbish removal

Lock/key replacement

Amount: $180.00
Awarded to: Landlord
Reason: Lock/key replacement

Cleaning: and lawns

Amount: $1,081.00
Awarded to: Landlord
Reason: Cleaning: and lawns

Claim types — money lines allowed on this order

Cleanliness Filing Fee Property damage Rubbish Removal Water Rates

Order

An application for suppression has been made in this case, and the Tribunal orders suppression of the Landlord’s name and identifying details. 2.

Reasons

The landlord attended the hearing which was held by teleconference. The tenant did not answer the calls made at the scheduled time on the number provided to the Tribunal.
The tenant has been served by email which is an address for service on his tenancy agreement.
Because I am satisfied the tenant has been served notice of the hearing in accordance with the Residential Tenancies Act, 1986 and the tenant has not requested an adjournment, the hearing was conducted in the tenant’s absence.
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 and return all keys and security devices. See section 40(1)(e)(ii)-(v) Residential Tenancies Act 1986.
The landlord produced photographs that show a large amount of rubbish and belongings of no value have been left at the premises at the end of the tenancy.
No attempt to clean the premises or maintain the lawn has been made. The carpets were left with many stains which remained even after the carpets were professionally cleaned.
The tenant did not return the keys.
The landlord produced invoices for cleaning, rubbish removal and re-barrelling two locks.
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.
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 landlord claims the tenant damaged a stair railing, a doorframe, the bathroom door and the walls. Photographs and an invoice for repairs were produced in support of the claims.
The damage is more than fair wear and tear, and the tenant has not disproved liability for the damage. I consider the damage to include both careless damage and intentional 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.
Because has wholly succeeded with the claim I must reimburse the filing fee.

Tenancy Tribunal case 5267060 — Property damage at 22 Whai Hua Lane, Mangere Bridge, Auckland 2022

At a glance

Tenancy Tribunal case 5267060 — Property damage at 22 Whai Hua Lane, Mangere Bridge, Auckland 2022

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