What was Tenancy Tribunal case 5404488 about?

The tribunal order states: [The tenant/s] to pay Emerald Proptech Limited T/A Emerald Property

How much money was awarded in case 5404488?

Cleaning: $300.00 awarded to landlord; Filing Fee: $28.00 awarded to landlord; Property Damage: $125.00 awarded to landlord; Property Damage: $750.00 awarded to landlord; Security System: $838.64 awarded to landlord; Water Rates: $219.41 awarded to landlord

What type of tenancy dispute was case 5404488?

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

Where can I read the official tribunal order for case 5404488?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/13283401-Tenancy_Tribunal_Order.pdf.

What was Tenancy Tribunal case 5404488 about?

The tribunal order states: [The tenant/s] to pay Emerald Proptech Limited T/A Emerald Property

How much money was awarded in case 5404488?

Cleaning: $300.00 awarded to landlord; Filing Fee: $28.00 awarded to landlord; Property Damage: $125.00 awarded to landlord; Property Damage: $750.00 awarded to landlord; Security System: $838.64 awarded to landlord; Water Rates: $219.41 awarded to landlord

What type of tenancy dispute was case 5404488?

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

Where can I read the official tribunal order for case 5404488?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/13283401-Tenancy_Tribunal_Order.pdf.

48 Kauri Drive, Takanini, Takanini 2112 Tenancy Tribunal Case 5404488 — Property damage

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48 Kauri Drive, Takanini, Takanini 2112 Tenancy Tribunal Case 5404488 — 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 5404488 — net $2,261.05 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Water rates	$219.41	Water rates
Garage remote replacement	$125.00	Garage remote replacement
Cleaning	$300.00	Cleaning
Repairs: carpet replacement (limited to excess	$750.00	Repairs: carpet replacement (limited to excess
Repairs: security system	$838.64	Repairs: security system
Filing fee reimbursement	$28.00	Filing fee reimbursement
Net award	$2,261.05
Bond	$2,960.00
Total payable by Tenant to Landlord	$2,261.05

Claims and awards for application 5404488 — net $2,261.05 NZD. Verify on MoJ.

Water rates

Amount: $219.41
Awarded to: Landlord
Reason: Water rates

Garage remote replacement

Amount: $125.00
Awarded to: Landlord
Reason: Garage remote replacement

Cleaning

Amount: $300.00
Awarded to: Landlord
Reason: Cleaning

Repairs: carpet replacement (limited to excess

Amount: $750.00
Awarded to: Landlord
Reason: Repairs: carpet replacement (limited to excess

Repairs: security system

Amount: $838.64
Awarded to: Landlord
Reason: Repairs: security system

Claim types — money lines allowed on this order

Cleanliness Filing Fee Property damage Water Rates

Order

[The tenant/s] to pay Emerald Proptech Limited T/A Emerald Property Management A $2,261.05 from the bond, calculated as shown in table below.
The Bond Centre is to pay the bond of $2,960.00 (BN-00083700) immediately apportioned as follows: Emerald Proptech Limited T/A Emerald Property Management A: $2,261.05 [The tenant/s]: $698.95

Reasons

Only the landlord attended the hearing.
The landlord has applied for water rates, compensation, refund of the bond, and reimbursement of the filing fee following the end of the tenancy.

How much is owed for water rates?

The landlord provided water rates invoices which prove the amount owing at 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 did not leave the premises reasonably clean and tidy.
The tenant did not return the garage remote.
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 relessly, 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.
The carpets were stained and the security system was intentionally damaged during the tenancy. The damage is more than fair wear and tear, and 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.
Pursuant to section 49B(3)(a) RTA, I have limited the tenant's liability for the carpet replacement costs to the lesser of the insurance excess.
Only 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 5404488 — net $2,261.05 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Water rates	$219.41	Water rates
Garage remote replacement	$125.00	Garage remote replacement
Cleaning	$300.00	Cleaning
Repairs: carpet replacement (limited to excess	$750.00	Repairs: carpet replacement (limited to excess
Repairs: security system	$838.64	Repairs: security system
Filing fee reimbursement	$28.00	Filing fee reimbursement
Net award	$2,261.05
Bond	$2,960.00
Total payable by Tenant to Landlord	$2,261.05

Claims and awards for application 5404488 — net $2,261.05 NZD. Verify on MoJ.

Water rates

Amount: $219.41
Awarded to: Landlord
Reason: Water rates

Garage remote replacement

Amount: $125.00
Awarded to: Landlord
Reason: Garage remote replacement

Cleaning

Amount: $300.00
Awarded to: Landlord
Reason: Cleaning

Repairs: carpet replacement (limited to excess

Amount: $750.00
Awarded to: Landlord
Reason: Repairs: carpet replacement (limited to excess

Repairs: security system

Amount: $838.64
Awarded to: Landlord
Reason: Repairs: security system

Claim types — money lines allowed on this order

Cleanliness Filing Fee Property damage Water Rates

Order

[The tenant/s] to pay Emerald Proptech Limited T/A Emerald Property Management A $2,261.05 from the bond, calculated as shown in table below.
The Bond Centre is to pay the bond of $2,960.00 (BN-00083700) immediately apportioned as follows: Emerald Proptech Limited T/A Emerald Property Management A: $2,261.05 [The tenant/s]: $698.95

Reasons

Only the landlord attended the hearing.
The landlord has applied for water rates, compensation, refund of the bond, and reimbursement of the filing fee following the end of the tenancy.

How much is owed for water rates?

The landlord provided water rates invoices which prove the amount owing at 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 did not leave the premises reasonably clean and tidy.
The tenant did not return the garage remote.
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 relessly, 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.
The carpets were stained and the security system was intentionally damaged during the tenancy. The damage is more than fair wear and tear, and 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.
Pursuant to section 49B(3)(a) RTA, I have limited the tenant's liability for the carpet replacement costs to the lesser of the insurance excess.
Only the amounts ordered are proved.

Tenancy Tribunal case 5404488 — Property damage at 48 Kauri Drive, Takanini, Takanini 2112

At a glance

Tenancy Tribunal case 5404488 — Property damage at 48 Kauri Drive, Takanini, Takanini 2112

At a glance

Award balance

Claims & awards

Order

Reasons

How much is owed for water rates?

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

How much is owed for water rates?

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