What was Tenancy Tribunal case 5483989 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 5483989?

Cleaning: $287.50 awarded to landlord; Doorknob: $17.25 awarded to landlord; Back Door, Frame Fixing And Filling: $402.50 awarded to landlord; Property Damage: $684.25 awarded to landlord; Property Damage: $678.50 awarded to landlord; Property Damage: $1,311.00 awarded to landlord

What type of tenancy dispute was case 5483989?

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

Where can I read the official tribunal order for case 5483989?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/13704080-Tribunal_Order_Redacted.pdf.

What was Tenancy Tribunal case 5483989 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 5483989?

Cleaning: $287.50 awarded to landlord; Doorknob: $17.25 awarded to landlord; Back Door, Frame Fixing And Filling: $402.50 awarded to landlord; Property Damage: $684.25 awarded to landlord; Property Damage: $678.50 awarded to landlord; Property Damage: $1,311.00 awarded to landlord

What type of tenancy dispute was case 5483989?

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

Where can I read the official tribunal order for case 5483989?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/13704080-Tribunal_Order_Redacted.pdf.

Unit/Flat 3, 31 Laureston Avenue, Papatoetoe, Auckland Tenancy Tribunal Case 5483989 — Property damage

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Unit/Flat 3, 31 Laureston Avenue, Papatoetoe, Auckland Tenancy Tribunal Case 5483989 — 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 5483989 — net $3,381.00 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Repairs: Back door, frame fixing and filling	$402.50	Repairs: Back door, frame fixing and filling
Window repairs: Back door windows	$678.50	Window repairs: Back door windows
Window repairs: Lounge windows x 6	$1,311.00	Window repairs: Lounge windows x 6
Cleaning	$287.50	Cleaning
Doorknob	$17.25	Doorknob
Repairs: Front door replacement	$684.25	Repairs: Front door replacement
Net award	$3,381.00
Total payable by Tenant to Landlord	$3,381.00

Claims and awards for application 5483989 — net $3,381.00 NZD. Verify on MoJ.

Repairs: Back door, frame fixing and filling

Amount: $402.50
Awarded to: Landlord
Reason: Repairs: Back door, frame fixing and filling

Window repairs: Back door windows

Amount: $678.50
Awarded to: Landlord
Reason: Window repairs: Back door windows

Window repairs: Lounge windows x 6

Amount: $1,311.00
Awarded to: Landlord
Reason: Window repairs: Lounge windows x 6

Cleaning

Amount: $287.50
Awarded to: Landlord
Reason: Cleaning

Doorknob

Amount: $17.25
Awarded to: Landlord
Reason: Doorknob

Claim types — money lines allowed on this order

Cleanliness Property damage

Order

An application for suppression has been made in this case, and the Tribunal orders suppression of the Landlord name and identifying details.
Bernadine Maaka must pay [The landlord/s] $3,381.00 immediately, calculated as shown in table below. DescriptionLandlord Repairs: Back door, frame fixing and filling$402.50 Window repairs: Back door windows$678.50 Window repairs: Lounge windows x 6$1,311.00 Cleaning$287.50 Doorknob$17.25 Repairs: Front door replacement$684.25 Total award$3,381.00 Total payable by Tenant to Landlord$3,381.00

Reasons

The landlord attended the hearing, the tenant did not attend.
The landlord has applied for compensation 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 premises reasonably clean and tidy. The landlord provided an exit inspection report and photos to show that the property was not left in a clean and tidy condition. Furthermore, the landlord provided an invoice for the cost of the cleaning.
I am satisfied that the landlord has proven their claim for the cleaning costs.

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 careless, and occurs after 27 August 2019, section 49B RTA applies. If the landlord becomes aware of the damage after 27 August, the damage is presumed to have occurred after that date unless the tenant proves otherwise.
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.
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) 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: -Front door was smashed, and all 6 windows broken. The doorknob was broken. -Back door was smashed and all the windows in it broken.
The landlord has provided a detailed invoice and a pre let and exit report and photos to prove the damage was caused during this tenancy.
The damage is more than fair wear and tear, and the tenant has not disproved liability for the damage.
I am satisfied that the landlord has proven their claim for the damages to the windows and doors in the property.
The landlord has applied for termination of the tenancy for abandonment through the expedited process under section 91AA Residential Tenancies Act 1986.
The landlord has applied for suppression of their name and details and as they have been successful, I am granting suppression.

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 5483989 — net $3,381.00 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Repairs: Back door, frame fixing and filling	$402.50	Repairs: Back door, frame fixing and filling
Window repairs: Back door windows	$678.50	Window repairs: Back door windows
Window repairs: Lounge windows x 6	$1,311.00	Window repairs: Lounge windows x 6
Cleaning	$287.50	Cleaning
Doorknob	$17.25	Doorknob
Repairs: Front door replacement	$684.25	Repairs: Front door replacement
Net award	$3,381.00
Total payable by Tenant to Landlord	$3,381.00

Claims and awards for application 5483989 — net $3,381.00 NZD. Verify on MoJ.

Repairs: Back door, frame fixing and filling

Amount: $402.50
Awarded to: Landlord
Reason: Repairs: Back door, frame fixing and filling

Window repairs: Back door windows

Amount: $678.50
Awarded to: Landlord
Reason: Window repairs: Back door windows

Window repairs: Lounge windows x 6

Amount: $1,311.00
Awarded to: Landlord
Reason: Window repairs: Lounge windows x 6

Cleaning

Amount: $287.50
Awarded to: Landlord
Reason: Cleaning

Doorknob

Amount: $17.25
Awarded to: Landlord
Reason: Doorknob

Claim types — money lines allowed on this order

Cleanliness Property damage

Order

An application for suppression has been made in this case, and the Tribunal orders suppression of the Landlord name and identifying details.
Bernadine Maaka must pay [The landlord/s] $3,381.00 immediately, calculated as shown in table below. DescriptionLandlord Repairs: Back door, frame fixing and filling$402.50 Window repairs: Back door windows$678.50 Window repairs: Lounge windows x 6$1,311.00 Cleaning$287.50 Doorknob$17.25 Repairs: Front door replacement$684.25 Total award$3,381.00 Total payable by Tenant to Landlord$3,381.00

Reasons

The landlord attended the hearing, the tenant did not attend.
The landlord has applied for compensation 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 premises reasonably clean and tidy. The landlord provided an exit inspection report and photos to show that the property was not left in a clean and tidy condition. Furthermore, the landlord provided an invoice for the cost of the cleaning.
I am satisfied that the landlord has proven their claim for the cleaning costs.

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 careless, and occurs after 27 August 2019, section 49B RTA applies. If the landlord becomes aware of the damage after 27 August, the damage is presumed to have occurred after that date unless the tenant proves otherwise.
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.
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) 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: -Front door was smashed, and all 6 windows broken. The doorknob was broken. -Back door was smashed and all the windows in it broken.
The landlord has provided a detailed invoice and a pre let and exit report and photos to prove the damage was caused during this tenancy.
The damage is more than fair wear and tear, and the tenant has not disproved liability for the damage.
I am satisfied that the landlord has proven their claim for the damages to the windows and doors in the property.
The landlord has applied for termination of the tenancy for abandonment through the expedited process under section 91AA Residential Tenancies Act 1986.
The landlord has applied for suppression of their name and details and as they have been successful, I am granting suppression.

Tenancy Tribunal case 5483989 — Property damage at Unit/Flat 3, 31 Laureston Avenue, Papatoetoe, Auckland

At a glance

Tenancy Tribunal case 5483989 — Property damage at Unit/Flat 3, 31 Laureston Avenue, Papatoetoe, Auckland

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

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

Frequently asked questions