What was Tenancy Tribunal case 5348148 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 5348148?

Cleaning: $180.00 awarded to landlord; Filing Fee: $28.00 awarded to landlord; Property Damage: $232.25 awarded to landlord; Property Damage: $100.00 awarded to landlord; Kitchen Fittings: $100.00 awarded to landlord; Replace Door Bell: $50.00 awarded to landlord; Replace Window Latch: $40.00 awarded to landlord; Water Rates: $25.00 awarded to landlord

What type of tenancy dispute was case 5348148?

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

Where can I read the official tribunal order for case 5348148?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/13235823-Tribunal_Order_Redacted.pdf.

What was Tenancy Tribunal case 5348148 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 5348148?

Cleaning: $180.00 awarded to landlord; Filing Fee: $28.00 awarded to landlord; Property Damage: $232.25 awarded to landlord; Property Damage: $100.00 awarded to landlord; Kitchen Fittings: $100.00 awarded to landlord; Replace Door Bell: $50.00 awarded to landlord; Replace Window Latch: $40.00 awarded to landlord; Water Rates: $25.00 awarded to landlord

What type of tenancy dispute was case 5348148?

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

Where can I read the official tribunal order for case 5348148?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/13235823-Tribunal_Order_Redacted.pdf.

24A Apirana Avenue, Glen Innes, Auckland 1072 Tenancy Tribunal Case 5348148 — Property damage

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24A Apirana Avenue, Glen Innes, Auckland 1072 Tenancy Tribunal Case 5348148 — 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 5348148 — net $755.25 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Carpet Cleaning	$180.00	Carpet Cleaning
Electrical fittings replacement/repair	$232.25	Electrical fittings replacement/repair
Water rates	$25.00	Water rates
Repairs: kitchen fittings	$100.00	Repairs: kitchen fittings
Replace door bell	$50.00	Replace door bell
Bathroom repairs	$100.00	Bathroom repairs
Replace window latch	$40.00	Replace window latch
Filing fee reimbursement	$28.00	Filing fee reimbursement
Net award	$755.25
Total payable by Tenant to Landlord	$755.25

Claims and awards for application 5348148 — net $755.25 NZD. Verify on MoJ.

Carpet Cleaning

Amount: $180.00
Awarded to: Landlord
Reason: Carpet Cleaning

Electrical fittings replacement/repair

Amount: $232.25
Awarded to: Landlord
Reason: Electrical fittings replacement/repair

Water rates

Amount: $25.00
Awarded to: Landlord
Reason: Water rates

Repairs: kitchen fittings

Amount: $100.00
Awarded to: Landlord
Reason: Repairs: kitchen fittings

Replace door bell

Amount: $50.00
Awarded to: Landlord
Reason: Replace door bell

Dismissed claims

Exterior Light — as it is likely the light, which the tenants did not use, fell off the wall during a storm/wind gust and not because of their careless actions.

Claim types — money lines allowed on this order

Carpet Cleaning Filing Fee Property damage Water Rates

Order

An application for suppression has been made in this case, and the Tribunal orders suppression of both parties’ names and identifying details.
[The tenant/s] to pay [The landlord/s] $755.25 from the bond, calculated as shown in table below.

The bond centre is therefore to distribute $755.25 of the bond to the applicant and the remaining $1,624.75 is to be refunded to the tenants.

Reasons

Both parties 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.

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 is required to replace worn out smoke alarm batteries during the tenancy. See section 40(1)(ca) Residential Tenancies Act 1986. The tenant must also replace standard light bulbs.
The tenant did not leave the carpets in a reasonably clean condition and agrees with the request for reimbursement of the cleaning cost.
A door-bell was missing at the end of the tenancy. The landlord had to replace some light bulbs. The claim for replacement of the exterior light is dismissed as it is likely the light, which the tenants did not use, fell off the wall during a storm/wind gust and not because of their careless actions.
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.
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 damage to the dishwasher and kitchen walls is due to fair wear and tear - the evidence establishes that the dishwasher was so old it was not worth fixing and the paintwork in the kitchen was peeling due to simple everyday use of the stove and ordinary cleaning of the surrounding walls.
It is likely the damage to the cat door was caused by a stray cat trying to enter.
The tenant’s evidence that they did not have a cat and therefore did not use the cat door is accepted. Just as they are only responsible for persons at the property with their consent, they are also only responsible for the actions of pets they keep at the property.
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 [The applicant/s] has substantially succeeded with the claim I have reimbursed the filing fee.
The parties’ requests for name suppression are approved as the tenants bond has more than covered what they owe and there is no public interest in publishing either name.

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 5348148 — net $755.25 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Carpet Cleaning	$180.00	Carpet Cleaning
Electrical fittings replacement/repair	$232.25	Electrical fittings replacement/repair
Water rates	$25.00	Water rates
Repairs: kitchen fittings	$100.00	Repairs: kitchen fittings
Replace door bell	$50.00	Replace door bell
Bathroom repairs	$100.00	Bathroom repairs
Replace window latch	$40.00	Replace window latch
Filing fee reimbursement	$28.00	Filing fee reimbursement
Net award	$755.25
Total payable by Tenant to Landlord	$755.25

Claims and awards for application 5348148 — net $755.25 NZD. Verify on MoJ.

Carpet Cleaning

Amount: $180.00
Awarded to: Landlord
Reason: Carpet Cleaning

Electrical fittings replacement/repair

Amount: $232.25
Awarded to: Landlord
Reason: Electrical fittings replacement/repair

Water rates

Amount: $25.00
Awarded to: Landlord
Reason: Water rates

Repairs: kitchen fittings

Amount: $100.00
Awarded to: Landlord
Reason: Repairs: kitchen fittings

Replace door bell

Amount: $50.00
Awarded to: Landlord
Reason: Replace door bell

Dismissed claims

Exterior Light — as it is likely the light, which the tenants did not use, fell off the wall during a storm/wind gust and not because of their careless actions.

Claim types — money lines allowed on this order

Carpet Cleaning Filing Fee Property damage Water Rates

Order

An application for suppression has been made in this case, and the Tribunal orders suppression of both parties’ names and identifying details.
[The tenant/s] to pay [The landlord/s] $755.25 from the bond, calculated as shown in table below.

The bond centre is therefore to distribute $755.25 of the bond to the applicant and the remaining $1,624.75 is to be refunded to the tenants.

Reasons

Both parties 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.

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 is required to replace worn out smoke alarm batteries during the tenancy. See section 40(1)(ca) Residential Tenancies Act 1986. The tenant must also replace standard light bulbs.
The tenant did not leave the carpets in a reasonably clean condition and agrees with the request for reimbursement of the cleaning cost.
A door-bell was missing at the end of the tenancy. The landlord had to replace some light bulbs. The claim for replacement of the exterior light is dismissed as it is likely the light, which the tenants did not use, fell off the wall during a storm/wind gust and not because of their careless actions.
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.
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 damage to the dishwasher and kitchen walls is due to fair wear and tear - the evidence establishes that the dishwasher was so old it was not worth fixing and the paintwork in the kitchen was peeling due to simple everyday use of the stove and ordinary cleaning of the surrounding walls.
It is likely the damage to the cat door was caused by a stray cat trying to enter.
The tenant’s evidence that they did not have a cat and therefore did not use the cat door is accepted. Just as they are only responsible for persons at the property with their consent, they are also only responsible for the actions of pets they keep at the property.
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 [The applicant/s] has substantially succeeded with the claim I have reimbursed the filing fee.
The parties’ requests for name suppression are approved as the tenants bond has more than covered what they owe and there is no public interest in publishing either name.

Tenancy Tribunal case 5348148 — Property damage at 24A Apirana Avenue, Glen Innes, Auckland 1072

At a glance

Tenancy Tribunal case 5348148 — Property damage at 24A Apirana Avenue, Glen Innes, Auckland 1072

At a glance

Award balance

Claims & awards

Dismissed claims

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

Dismissed claims

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