What was Tenancy Tribunal case 5350163 about?

The tribunal order states: [The tenant/s] must pay Arent1 Limited $2,912.00 immediately,

How much money was awarded in case 5350163?

Filing Fee: $28.00 awarded to landlord; Property Damage: $155.00 awarded to landlord; Property Damage: $45.00 awarded to landlord; Glass Doors: $999.00 awarded to landlord; Handrail: $75.00 awarded to landlord; Kitchen Sink: $300.00 awarded to landlord; Paint And Plaster: $900.00 awarded to landlord; Tiles: $110.00 awarded to landlord; Rubbish Removal: $300.00 awarded to landlord

What type of tenancy dispute was case 5350163?

The primary dispute was Property damage.

Where can I read the official tribunal order for case 5350163?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/12704238-Tenancy_Tribunal_Order.pdf.

What was Tenancy Tribunal case 5350163 about?

The tribunal order states: [The tenant/s] must pay Arent1 Limited $2,912.00 immediately,

How much money was awarded in case 5350163?

Filing Fee: $28.00 awarded to landlord; Property Damage: $155.00 awarded to landlord; Property Damage: $45.00 awarded to landlord; Glass Doors: $999.00 awarded to landlord; Handrail: $75.00 awarded to landlord; Kitchen Sink: $300.00 awarded to landlord; Paint And Plaster: $900.00 awarded to landlord; Tiles: $110.00 awarded to landlord; Rubbish Removal: $300.00 awarded to landlord

What type of tenancy dispute was case 5350163?

The primary dispute was Property damage.

Where can I read the official tribunal order for case 5350163?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/12704238-Tenancy_Tribunal_Order.pdf.

14A Dignan Street, Point Chevalier, Auckland 1022 Tenancy Tribunal Case 5350163 — Property damage

Reasons

Claims and awards in Tenancy Tribunal application 5350163 — net $2,912.00 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Repairs: Paint and plaster	$900.00	Repairs: Paint and plaster
Repairs: kitchen sink	$300.00	Repairs: kitchen sink
Repairs: glass doors	$999.00	Repairs: glass doors
Window repairs	$155.00	Window repairs
Repairs: tiles	$110.00	Repairs: tiles
Electrical fittings replacement/repair	$45.00	Electrical fittings replacement/repair
Repairs: handrail	$75.00	Repairs: handrail
Rubbish removal	$300.00	Rubbish removal
Filing fee reimbursement	$28.00	Filing fee reimbursement
Net award	$2,912.00
Total payable by Tenant to Landlord	$2,912.00

The landlord attended the hearing which was held by teleconference. The tenant did not answer either of 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 and remove all rubbish. See section 40(1)(e)(ii)-(v) Residential Tenancies Act 1986.

The landlord says the tenant did not leave the premises reasonably tidy and did not remove all the rubbish at the end of the tenancy. The landlord provided an invoice in support of his claim.

The amount ordered is 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 that during the tenancy a significant amount of damage was caused to the walls, doors, the kitchen sink, the floor tiles in the bathroom, the handrail on the deck, to a large glass door and to a window. The landlord produced photographs and an invoice in support of the claims.

The landlord says that he has owned the property for many years and last renovated it in 2020. He says the amounts being claimed are for repairs wherever possible, rather than replacement of fittings or fixtures.

The information provided by the landlord has gone unchallenged today. I am persuaded that the damage exceeds fair wear and tear. The tenant has not disproved liability for the damage.

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.

The amounts ordered are proved.

Because Arent1 Limited has substantially succeeded with the claim I have reimbursed the filing fee.

Claims and awards in Tenancy Tribunal application 5350163 — net $2,912.00 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Repairs: Paint and plaster	$900.00	Repairs: Paint and plaster
Repairs: kitchen sink	$300.00	Repairs: kitchen sink
Repairs: glass doors	$999.00	Repairs: glass doors
Window repairs	$155.00	Window repairs
Repairs: tiles	$110.00	Repairs: tiles
Electrical fittings replacement/repair	$45.00	Electrical fittings replacement/repair
Repairs: handrail	$75.00	Repairs: handrail
Rubbish removal	$300.00	Rubbish removal
Filing fee reimbursement	$28.00	Filing fee reimbursement
Net award	$2,912.00
Total payable by Tenant to Landlord	$2,912.00

Order

[The tenant/s] must pay Arent1 Limited $2,912.00 immediately, calculated as shown in table below.

Reasons

The landlord attended the hearing which was held by teleconference. The tenant did not answer either of 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 and remove all rubbish. See section 40(1)(e)(ii)-(v) Residential Tenancies Act 1986.
The landlord says the tenant did not leave the premises reasonably tidy and did not remove all the rubbish at the end of the tenancy. The landlord provided an invoice in support of his claim.
The amount ordered is 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 that during the tenancy a significant amount of damage was caused to the walls, doors, the kitchen sink, the floor tiles in the bathroom, the handrail on the deck, to a large glass door and to a window. The landlord produced photographs and an invoice in support of the claims.
The landlord says that he has owned the property for many years and last renovated it in 2020. He says the amounts being claimed are for repairs wherever possible, rather than replacement of fittings or fixtures.
The information provided by the landlord has gone unchallenged today. I am persuaded that the damage exceeds fair wear and tear. The tenant has not disproved liability for the damage.
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.
The amounts ordered are proved.
Because Arent1 Limited has substantially succeeded with the claim I have reimbursed the filing fee.

Tenancy Tribunal case 5350163 — Property damage at 14A Dignan Street, Point Chevalier, Auckland 1022

At a glance

Tenancy Tribunal case 5350163 — Property damage at 14A Dignan Street, Point Chevalier, Auckland 1022

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