What was Tenancy Tribunal case 5336930 about?

The tribunal order states: [The tenant/s] must pay Kaso Property Management Limited as agent for

How much money was awarded in case 5336930?

Cleaning: $345.00 awarded to landlord; Filing Fee: $28.00 awarded to landlord; Property Damage: $160.00 awarded to landlord; Property Damage: $828.00 awarded to landlord; Property Damage: $207.00 awarded to landlord; Property Damage: $207.00 awarded to landlord; Property Damage: $517.50 awarded to landlord; Property Damage: $632.50 awarded to landlord; Property Damage: $34.50 awarded to landlord; Rubbish Removal: $862.50 awarded to landlord

What type of tenancy dispute was case 5336930?

The primary dispute was Property damage. Related themes: Mould & damp.

Where can I read the official tribunal order for case 5336930?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/12878095-Tenancy_Tribunal_Order.pdf.

What was Tenancy Tribunal case 5336930 about?

The tribunal order states: [The tenant/s] must pay Kaso Property Management Limited as agent for

How much money was awarded in case 5336930?

Cleaning: $345.00 awarded to landlord; Filing Fee: $28.00 awarded to landlord; Property Damage: $160.00 awarded to landlord; Property Damage: $828.00 awarded to landlord; Property Damage: $207.00 awarded to landlord; Property Damage: $207.00 awarded to landlord; Property Damage: $517.50 awarded to landlord; Property Damage: $632.50 awarded to landlord; Property Damage: $34.50 awarded to landlord; Rubbish Removal: $862.50 awarded to landlord

What type of tenancy dispute was case 5336930?

The primary dispute was Property damage. Related themes: Mould & damp.

Where can I read the official tribunal order for case 5336930?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/12878095-Tenancy_Tribunal_Order.pdf.

6 Stoll Place, Clendon Park, Auckland 2103 Tenancy Tribunal Case 5336930 — Property damage

Tenantcheck Insights

Reasons

Claims and awards in Tenancy Tribunal application 5336930 — net $3,822.00 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Cleaning, mould removal	$345.00	Cleaning, mould removal
Rubbish removal	$862.50	Rubbish removal
Lock/key replacement	$160.00	Lock/key replacement
Curtains and blinds replacement	$828.00	Curtains and blinds replacement
Shower door repair	$207.00	Shower door repair
Door glass replacement	$207.00	Door glass replacement
Repairs to walls	$517.50	Repairs to walls
Repairs to floor	$632.50	Repairs to floor
Shower drain cap replacement	$34.50	Shower drain cap replacement
Filing fee reimbursement	$28.00	Filing fee reimbursement
Net award	$3,822.00
Total payable by Tenant to Landlord	$3,822.00

The landlord, represented by Mr Pulumati and Ms Rani attended the hearing. There was no appearance by the tenant at the scheduled time. The start of the hearing was delayed by 10 minutes, and the matter was called again. The tenant still did not attend. As the tenant has been notified, the hearing proceeded.

This tenancy began on 26 October 2024 and was for a one year fixed term, but ended early. The landlord’s application notes the end date as 25 July 2025.

The landlord has applied for rent arrears, water charges, compensation and reimbursement of the filing fee following the end of the tenancy.

At the hearing, the landlord advised that rent and water charges are no longer sought, since these were resolved following mediation. The landlord has since received the bond. The claim for the plumber’s invoice is withdrawn. Exemplary damages are no longer sought.

The compensation claims are considered below.

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) of the Residential Tenancies Act 1986 (the RTA).

The landlord claims cleaning and rubbish removal costs. The landlord has produced evidence, including an invoice, and photographs showing the condition of the premises at the start and end of the tenancy. This evidence establishes that the tenant did not leave the premises reasonably clean and tidy, and did not remove all rubbish. The landlord’s evidence is that the rubbish filled two skip bins and included household items, beds, mattresses, other furniture, and car tyres.

The bathroom needed further cleaning, including mould removal/repainting.

The tenant did not return the keys to the sleepout, so the keys and lock had to be replaced.

The shower drain cap was missing at the end of the tenancy and had to be replaced.

The amounts ordered are proved. General principles regarding responsibility for damage

The landlord seeks compensation for tenant damage. To be successful, 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 of the RTA.

Where the damage is careless, and occurs after 27 August 2019, section 49B RTA applies. 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) of the 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) of the RTA.

The landlord advises that the insurance excess for tenant damage is $500.00.

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) of the 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.

When determining the quantum of compensation, betterment and depreciation must be taken into account. Applying the principle of betterment, 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, the age and condition of the items at the start of the tenancy and their likely useful lifespan must be considered.

Is the tenant responsible for the damage to the premises?

The landlord has provided an invoice from Prime Services, which details the repairs undertaken. There is also photographic evidence, along with entry and exit inspection reports. The landlord’s evidence establishes that the following damage was caused during the tenancy:

Blinds and curtains: the landlord states that the blinds for 6 windows (three bedrooms and living area) were damaged and had to be replaced. The lounge curtains were also damaged, could not be repaired, and had to be replaced.

Shower door: The shower door was no longer functioning properly (could not be opened or closed) and had to be repaired.

Door glass: the glass in the door to the dining area was damaged, and had to be replaced.

Walls: there was damage to multiple walls throughout the house, including holes. Walls in the sleepout were also damaged.

Kitchen floor: landlord’s evidence is that the kitchen floor damage was likely caused by a heavy object being placed on it. The floorboard had to be replaced.

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

The amounts ordered are proved. Filing fee and name suppression

The tenant is to pay the landlord’s filing fee, since the landlord has been successful with the application.

The landlord does not seek name suppression.

Reasons

Claims and awards in Tenancy Tribunal application 5336930 — net $3,822.00 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Cleaning, mould removal	$345.00	Cleaning, mould removal
Rubbish removal	$862.50	Rubbish removal
Lock/key replacement	$160.00	Lock/key replacement
Curtains and blinds replacement	$828.00	Curtains and blinds replacement
Shower door repair	$207.00	Shower door repair
Door glass replacement	$207.00	Door glass replacement
Repairs to walls	$517.50	Repairs to walls
Repairs to floor	$632.50	Repairs to floor
Shower drain cap replacement	$34.50	Shower drain cap replacement
Filing fee reimbursement	$28.00	Filing fee reimbursement
Net award	$3,822.00
Total payable by Tenant to Landlord	$3,822.00

This tenancy began on 26 October 2024 and was for a one year fixed term, but ended early. The landlord’s application notes the end date as 25 July 2025.

The landlord has applied for rent arrears, water charges, compensation and reimbursement of the filing fee following the end of the tenancy.

The compensation claims are considered below.

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

The bathroom needed further cleaning, including mould removal/repainting.

The tenant did not return the keys to the sleepout, so the keys and lock had to be replaced.

The shower drain cap was missing at the end of the tenancy and had to be replaced.

The amounts ordered are proved. General principles regarding responsibility for damage

The landlord advises that the insurance excess for tenant damage is $500.00.

Is the tenant responsible for the damage to the premises?

Shower door: The shower door was no longer functioning properly (could not be opened or closed) and had to be repaired.

Door glass: the glass in the door to the dining area was damaged, and had to be replaced.

Walls: there was damage to multiple walls throughout the house, including holes. Walls in the sleepout were also damaged.

Kitchen floor: landlord’s evidence is that the kitchen floor damage was likely caused by a heavy object being placed on it. The floorboard had to be replaced.

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

The amounts ordered are proved. Filing fee and name suppression

The tenant is to pay the landlord’s filing fee, since the landlord has been successful with the application.

The landlord does not seek name suppression.

Tenancy Tribunal case 5336930 — Property damage at 6 Stoll Place, Clendon Park, Auckland 2103

At a glance

Tenancy Tribunal case 5336930 — Property damage at 6 Stoll Place, 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