What was Tenancy Tribunal case 5315885 about?

The tribunal order states: [The tenant/s] must pay Linkpeople Limited $9,912.80 immediately, calculated

How much money was awarded in case 5315885?

Bailiff'S Eviction Fees: $258.00 awarded to landlord; Cleaning: $402.50 awarded to landlord; Filing Fee: $28.00 awarded to landlord; Property Damage: $701.50 awarded to landlord; Double Glaze Balcony Doors: $1,527.03 awarded to landlord; Walls and Doors: $6,830.84 awarded to landlord; Smoke Alarms: $380.93 awarded to landlord

What type of tenancy dispute was case 5315885?

The primary dispute was Property damage. Related themes: Cleanliness, Smoke alarms.

Where can I read the official tribunal order for case 5315885?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/12748669-Tenancy_Tribunal_Order.pdf.

What was Tenancy Tribunal case 5315885 about?

The tribunal order states: [The tenant/s] must pay Linkpeople Limited $9,912.80 immediately, calculated

How much money was awarded in case 5315885?

Bailiff'S Eviction Fees: $258.00 awarded to landlord; Cleaning: $402.50 awarded to landlord; Filing Fee: $28.00 awarded to landlord; Property Damage: $701.50 awarded to landlord; Double Glaze Balcony Doors: $1,527.03 awarded to landlord; Walls and Doors: $6,830.84 awarded to landlord; Smoke Alarms: $380.93 awarded to landlord

What type of tenancy dispute was case 5315885?

The primary dispute was Property damage. Related themes: Cleanliness, Smoke alarms.

Where can I read the official tribunal order for case 5315885?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/12748669-Tenancy_Tribunal_Order.pdf.

Unit/Flat 5, 5A Pantera Way, Hillpark, Auckland 2102 Tenancy Tribunal Case 5315885 — Property damage

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Unit/Flat 5, 5A Pantera Way, Hillpark, Auckland 2102 Tenancy Tribunal Case 5315885 — 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 5315885 — net $9,912.80 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Repairs: lounge and bedrooms walls and doors, kitchen cabinets, cupboards, door handles, bathroom vanity	$6,830.84	Repairs: lounge and bedrooms walls and doors, kitchen cabinets, cupboards, door handles, bathroom vanity
carpet and vinyl, blinds, curtains, smoke alarms replaced door stops replacement	$380.93	carpet and vinyl, blinds, curtains, smoke alarms replaced door stops replacement
Window repairs	$701.50	Window repairs
Cleaning	$402.50	Cleaning
Repairs: double glaze balcony doors	$1,527.03	Repairs: double glaze balcony doors
Bailiff's eviction fees	$258.00	Bailiff's eviction fees
Filing fee reimbursement	$28.00	Filing fee reimbursement
Net award	$9,912.80
Total payable by Tenant to Landlord	$9,912.80

Claims and awards for application 5315885 — net $9,912.80 NZD. Verify on MoJ.

Repairs: lounge and bedrooms walls and doors, kitchen cabinets, cupboards, door handles, bathroom vanity

Amount: $6,830.84
Awarded to: Landlord
Reason: Repairs: lounge and bedrooms walls and doors, kitchen cabinets, cupboards, door handles, bathroom vanity

carpet and vinyl, blinds, curtains, smoke alarms replaced door stops replacement

Amount: $380.93
Awarded to: Landlord
Reason: carpet and vinyl, blinds, curtains, smoke alarms replaced door stops replacement

Window repairs

Amount: $701.50
Awarded to: Landlord
Reason: Window repairs

Cleaning

Amount: $402.50
Awarded to: Landlord
Reason: Cleaning

Repairs: double glaze balcony doors

Amount: $1,527.03
Awarded to

Claim types — money lines allowed on this order

Cleanliness Filing Fee Property damage Replace Smoke Alarms

Order

[The tenant/s] must pay Linkpeople Limited $9,912.80 immediately, calculated as shown in table below.
The Bond Centre is to pay the bond of $216.00 (6424930-002) to Linkpeople Limited immediately.

Reasons

Only the landlord attended the hearing.
The landlord has applied for compensation, refund of the bond, and reimbursement of the filing fee following the end of the tenancy.
Eviction proceedings were carried out at the end of the tenancy.
The landlord provided an invoice from the bailiff which prove the amount claimed.

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 exterior cladding also required cleaning.
The landlord had to replace smoke alarms and door stops throughout the premises.
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 following damage was caused during the tenancy: balcony doors, lounge and bedrooms walls and doors, kitchen cabinets, cupboards, door handles, bathroom vanity, carpet and vinyl, blinds, curtains, stove and rangehood, and toilet seat.
The damage is more than fair wear and tear, and the tenant has not disproved liability for the damage.
The amounts ordered are proved.

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 5315885 — net $9,912.80 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Repairs: lounge and bedrooms walls and doors, kitchen cabinets, cupboards, door handles, bathroom vanity	$6,830.84	Repairs: lounge and bedrooms walls and doors, kitchen cabinets, cupboards, door handles, bathroom vanity
carpet and vinyl, blinds, curtains, smoke alarms replaced door stops replacement	$380.93	carpet and vinyl, blinds, curtains, smoke alarms replaced door stops replacement
Window repairs	$701.50	Window repairs
Cleaning	$402.50	Cleaning
Repairs: double glaze balcony doors	$1,527.03	Repairs: double glaze balcony doors
Bailiff's eviction fees	$258.00	Bailiff's eviction fees
Filing fee reimbursement	$28.00	Filing fee reimbursement
Net award	$9,912.80
Total payable by Tenant to Landlord	$9,912.80

Claims and awards for application 5315885 — net $9,912.80 NZD. Verify on MoJ.

Repairs: lounge and bedrooms walls and doors, kitchen cabinets, cupboards, door handles, bathroom vanity

Amount: $6,830.84
Awarded to: Landlord
Reason: Repairs: lounge and bedrooms walls and doors, kitchen cabinets, cupboards, door handles, bathroom vanity

carpet and vinyl, blinds, curtains, smoke alarms replaced door stops replacement

Amount: $380.93
Awarded to: Landlord
Reason: carpet and vinyl, blinds, curtains, smoke alarms replaced door stops replacement

Window repairs

Amount: $701.50
Awarded to: Landlord
Reason: Window repairs

Cleaning

Amount: $402.50
Awarded to: Landlord
Reason: Cleaning

Repairs: double glaze balcony doors

Amount: $1,527.03
Awarded to

Claim types — money lines allowed on this order

Cleanliness Filing Fee Property damage Replace Smoke Alarms

Order

[The tenant/s] must pay Linkpeople Limited $9,912.80 immediately, calculated as shown in table below.
The Bond Centre is to pay the bond of $216.00 (6424930-002) to Linkpeople Limited immediately.

Reasons

Only the landlord attended the hearing.
The landlord has applied for compensation, refund of the bond, and reimbursement of the filing fee following the end of the tenancy.
Eviction proceedings were carried out at the end of the tenancy.
The landlord provided an invoice from the bailiff which prove the amount claimed.

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 exterior cladding also required cleaning.
The landlord had to replace smoke alarms and door stops throughout the premises.
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 following damage was caused during the tenancy: balcony doors, lounge and bedrooms walls and doors, kitchen cabinets, cupboards, door handles, bathroom vanity, carpet and vinyl, blinds, curtains, stove and rangehood, and toilet seat.
The damage is more than fair wear and tear, and the tenant has not disproved liability for the damage.
The amounts ordered are proved.

Tenancy Tribunal case 5315885 — Property damage at Unit/Flat 5, 5A Pantera Way, Hillpark, Auckland 2102

At a glance

Tenancy Tribunal case 5315885 — Property damage at Unit/Flat 5, 5A Pantera Way, Hillpark, Auckland 2102

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