What was Tenancy Tribunal case 5298765 about?

The tribunal order states: [The tenant/s] must pay Fair Rentals Limited As Agent For

How much money was awarded in case 5298765?

Filing Fee: $28.00 awarded to landlord; Previous Order Application 5047872 D…: $124.14 awarded to landlord; Property Damage: $195.50 awarded to landlord; Ranch Slider: $230.00 awarded to landlord; Property Damage: $1,380.00 awarded to landlord; Rubbish Removal: $1,725.00 awarded to landlord; Rubbish Removal: $517.50 awarded to landlord

What type of tenancy dispute was case 5298765?

The primary dispute was Property damage.

Where can I read the official tribunal order for case 5298765?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/12762346-Tribunal_Order.pdf.

What was Tenancy Tribunal case 5298765 about?

The tribunal order states: [The tenant/s] must pay Fair Rentals Limited As Agent For

How much money was awarded in case 5298765?

Filing Fee: $28.00 awarded to landlord; Previous Order Application 5047872 D…: $124.14 awarded to landlord; Property Damage: $195.50 awarded to landlord; Ranch Slider: $230.00 awarded to landlord; Property Damage: $1,380.00 awarded to landlord; Rubbish Removal: $1,725.00 awarded to landlord; Rubbish Removal: $517.50 awarded to landlord

What type of tenancy dispute was case 5298765?

The primary dispute was Property damage.

Where can I read the official tribunal order for case 5298765?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/12762346-Tribunal_Order.pdf.

8B Maplesden Drive, Clendon Park, Auckland 2103 Tenancy Tribunal Case 5298765 — Property damage

Reasons

Claims and awards in Tenancy Tribunal application 5298765 — net $4,200.14 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Previous order application 5047872 dated 03/12/2024	$124.14	Previous order application 5047872 dated 03/12/2024
Rubbish removal	$1,725.00	Rubbish removal
Rubbish removal	$517.50	Rubbish removal
Lock/key replacement	$195.50	Lock/key replacement
Repairs: Wall repairs	$1,380.00	Repairs: Wall repairs
Repairs: Ranch slider	$230.00	Repairs: Ranch slider
Filing fee reimbursement	$28.00	Filing fee reimbursement
Net award	$4,200.14
Total payable by Tenant to Landlord	$4,200.14

The landlord attended the hearing by video call.

The tenant was telephoned on the phone number provided but the phone call went unanswered. I am satisfied the tenant was properly served with notice of the hearing. The hearing proceeded in her absence.

The landlord has applied for compensation and reimbursement of the filing fee following the end of the tenancy. Relevant legal considerations

The relevant law that applies is found in the Residential Tenancies Act 1986 (RTA).

With any claim before the Tenancy Tribunal, the Tribunal applies the usual civil law standards and expectations That includes a requirement that the applicant, establish their claims on the balance of probabilities. The balance of probabilities means more likely than un-likely, or in mathematical terms, has a fractionally more than 50% likelihood.

The Tribunal does not need to be certain or very sure about any claim, only that what is claimed is likely. This obligation carried by the applicant is referred to as the “burden of proof”. Independent witnesses, corroborating documents and photographs are an important part of discharging this burden.

Did the tenant comply with their obligations at the end of the tenancy?

At the end of the tenancy the tenant must remove all his or her goods from the premises, leave the premises (including the land provided with the premises) reasonably clean and tidy, remove all rubbish, return all keys and security devices and leave all chattels provided for their benefit. 1 Cleaning and rubbish removal:

The tenant did not leave the premises reasonably clean and tidy and did not remove all rubbish. The tenant left a significant amount of rubbish in and outside the premises. The tenant did not mow the lawns. The amounts claimed by the landlord are ordered: Interior rubbish removal - $1,725 and exterior rubbish removal and lawn-mowing - $517.50 Lock/key replacement:

The tenant did not return the keys. I order the tenant to pay for the front door lock replacement - $195.50 1 See section 40(1)(e) of the RTA.

The amounts ordered are proved with pre-tenancy inspection reports, post- tenancy inspection reports and invoices.

Is the tenant responsible for the damage to the premises?

A tenant must not intentionally or carelessly cause damage or permit any other person to damage the premises. 2 Where a landlord is claiming compensation for damage 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. 3

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). 4 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). 5 Where insurance money is irrecoverable because of the tenant's conduct, the property is treated as if it is not insured against the damage. 6

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. 7 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. 8

In assessing a claim for compensation, I must take 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 must take into account the age and condition of the items at the start of the tenancy and their likely useful lifespan.

The following damage was caused during the tenancy: a. The walls were damaged. Due to the nature and extent of the damage I consider the damage was likely caused intentionally and the full amount claimed to repair the damage is ordered - $1,380. 2 See s 40 (2)(a) of the RTA. 3 See sections 40(2)(a), 41 and 49B RTA. 4 See section 49B(3)(a) RTA. 5 See section 49B(3)(b) RTA. 6 See section 49B(3A)(a) RTA. 7 See section 49B(1) RTA. 8 See Guo v Korck [2019] NZHC 1541. b. The ranch slider window was broken. The amount claimed of $230 is ordered.

The damage is more than fair wear and tear, and the tenant has not disproved liability for the damage.

The amounts ordered are proved with a pre-tenancy inspection report, post tenancy inspection report, oral evidence and an invoice.

The claim for the wardrobe rods repair was withdrawn as the landlord could not produce an invoice in support of the claim. Previous order

On 3 December 2024 the Tribunal made an order relating to this tenancy, for rent arrears to 23 October 2024 (the end of the tenancy) and reimbursement of the filing fee and payment of the bond. The previous order is incorporated into this order for enforcement purposes. Filing fee and Suppression

Because the landlord has succeeded with the claim, I have reimbursed the filing fee. 9 The landlord did not seek name suppression

Claims and awards in Tenancy Tribunal application 5298765 — net $4,200.14 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Previous order application 5047872 dated 03/12/2024	$124.14	Previous order application 5047872 dated 03/12/2024
Rubbish removal	$1,725.00	Rubbish removal
Rubbish removal	$517.50	Rubbish removal
Lock/key replacement	$195.50	Lock/key replacement
Repairs: Wall repairs	$1,380.00	Repairs: Wall repairs
Repairs: Ranch slider	$230.00	Repairs: Ranch slider
Filing fee reimbursement	$28.00	Filing fee reimbursement
Net award	$4,200.14
Total payable by Tenant to Landlord	$4,200.14

Order

[The tenant/s] must pay Fair Rentals Limited As Agent For Mr Miguel $4,200.14 immediately, calculated as shown in table below.
This order incorporates the Tribunal order made on 3 December 2024 under application 5047872.
The balance of the claim is dismissed.

Reasons

The landlord attended the hearing by video call.
The tenant was telephoned on the phone number provided but the phone call went unanswered. I am satisfied the tenant was properly served with notice of the hearing. The hearing proceeded in her absence.
The landlord has applied for compensation and reimbursement of the filing fee following the end of the tenancy. Relevant legal considerations
The relevant law that applies is found in the Residential Tenancies Act 1986 (RTA).
With any claim before the Tenancy Tribunal, the Tribunal applies the usual civil law standards and expectations That includes a requirement that the applicant, establish their claims on the balance of probabilities. The balance of probabilities means more likely than un-likely, or in mathematical terms, has a fractionally more than 50% likelihood.
The Tribunal does not need to be certain or very sure about any claim, only that what is claimed is likely. This obligation carried by the applicant is referred to as the “burden of proof”. Independent witnesses, corroborating documents and photographs are an important part of discharging this burden.

Did the tenant comply with their obligations at the end of the tenancy?

At the end of the tenancy the tenant must remove all his or her goods from the premises, leave the premises (including the land provided with the premises) reasonably clean and tidy, remove all rubbish, return all keys and security devices and leave all chattels provided for their benefit. 1 Cleaning and rubbish removal:
The tenant did not leave the premises reasonably clean and tidy and did not remove all rubbish. The tenant left a significant amount of rubbish in and outside the premises. The tenant did not mow the lawns. The amounts claimed by the landlord are ordered: Interior rubbish removal - $1,725 and exterior rubbish removal and lawn-mowing - $517.50 Lock/key replacement:
The tenant did not return the keys. I order the tenant to pay for the front door lock replacement - $195.50 1 See section 40(1)(e) of the RTA.
The amounts ordered are proved with pre-tenancy inspection reports, post- tenancy inspection reports and invoices.

Is the tenant responsible for the damage to the premises?

A tenant must not intentionally or carelessly cause damage or permit any other person to damage the premises. 2 Where a landlord is claiming compensation for damage 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. 3
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). 4 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). 5 Where insurance money is irrecoverable because of the tenant's conduct, the property is treated as if it is not insured against the damage. 6
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. 7 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. 8
In assessing a claim for compensation, I must take 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 must take into account the age and condition of the items at the start of the tenancy and their likely useful lifespan.
The following damage was caused during the tenancy: a. The walls were damaged. Due to the nature and extent of the damage I consider the damage was likely caused intentionally and the full amount claimed to repair the damage is ordered - $1,380. 2 See s 40 (2)(a) of the RTA. 3 See sections 40(2)(a), 41 and 49B RTA. 4 See section 49B(3)(a) RTA. 5 See section 49B(3)(b) RTA. 6 See section 49B(3A)(a) RTA. 7 See section 49B(1) RTA. 8 See Guo v Korck [2019] NZHC 1541. b. The ranch slider window was broken. The amount claimed of $230 is ordered.
The damage is more than fair wear and tear, and the tenant has not disproved liability for the damage.
The amounts ordered are proved with a pre-tenancy inspection report, post tenancy inspection report, oral evidence and an invoice.
The claim for the wardrobe rods repair was withdrawn as the landlord could not produce an invoice in support of the claim. Previous order
On 3 December 2024 the Tribunal made an order relating to this tenancy, for rent arrears to 23 October 2024 (the end of the tenancy) and reimbursement of the filing fee and payment of the bond. The previous order is incorporated into this order for enforcement purposes. Filing fee and Suppression
Because the landlord has succeeded with the claim, I have reimbursed the filing fee. 9 The landlord did not seek name suppression

Tenancy Tribunal case 5298765 — Property damage at 8B Maplesden Drive, Clendon Park, Auckland 2103

At a glance

Tenancy Tribunal case 5298765 — Property damage at 8B Maplesden Drive, Clendon Park, Auckland 2103

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