What was Tenancy Tribunal case 5493302 about?

The tribunal order states: [The tenant/s] must pay One Up Property Management Ltd As Agent For

How much money was awarded in case 5493302?

Filing Fee: $28.00 awarded to landlord; Property Damage: $660.10 awarded to landlord; bathroom vanity, ranchslider, window…: $8,000.00 awarded to landlord; Clothsline: $230.00 awarded to landlord; Rubbish Removal: $977.50 awarded to landlord

What type of tenancy dispute was case 5493302?

The primary dispute was Property damage.

Where can I read the official tribunal order for case 5493302?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/13927428-Tenancy_Tribunal_Order.pdf.

What was Tenancy Tribunal case 5493302 about?

The tribunal order states: [The tenant/s] must pay One Up Property Management Ltd As Agent For

How much money was awarded in case 5493302?

Filing Fee: $28.00 awarded to landlord; Property Damage: $660.10 awarded to landlord; bathroom vanity, ranchslider, window…: $8,000.00 awarded to landlord; Clothsline: $230.00 awarded to landlord; Rubbish Removal: $977.50 awarded to landlord

What type of tenancy dispute was case 5493302?

The primary dispute was Property damage.

Where can I read the official tribunal order for case 5493302?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/13927428-Tenancy_Tribunal_Order.pdf.

3A Benton Place, Manurewa, Auckland 2102 Tenancy Tribunal Case 5493302 — Property damage

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3A Benton Place, Manurewa, Auckland 2102 Tenancy Tribunal Case 5493302 — 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 5493302 — net $9,895.60 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Repairs: bathroom vanity, ranchslider, windows, mirror cabinets, flooring, walls, carpet, towel rail and doors limited t	$8,000.00	Repairs: bathroom vanity, ranchslider, windows, mirror cabinets, flooring, walls, carpet, towel rail and doors limited t
Rubbish removal	$977.50	Rubbish removal
Lock/key replacement	$660.10	Lock/key replacement
Repairs: clothsline	$230.00	Repairs: clothsline
Filing fee reimbursement	$28.00	Filing fee reimbursement
Net award	$9,895.60
Total payable by Tenant to Landlord	$9,895.60

Claims and awards for application 5493302 — net $9,895.60 NZD. Verify on MoJ.

Repairs: bathroom vanity, ranchslider, windows, mirror cabinets, flooring, walls, carpet, towel rail and doors limited t

Amount: $8,000.00
Awarded to: Landlord
Reason: Repairs: bathroom vanity, ranchslider, windows, mirror cabinets, flooring, walls, carpet, towel rail and doors limited t

Rubbish removal

Amount: $977.50
Awarded to: Landlord
Reason: Rubbish removal

Lock/key replacement

Amount: $660.10
Awarded to: Landlord
Reason: Lock/key replacement

Repairs: clothsline

Amount: $230.00
Awarded to: Landlord
Reason: Repairs: clothsline

Filing fee reimbursement

Amount: $28.00
Awarded to: Landlord

Claim types — money lines allowed on this order

Filing Fee Property damage Rubbish Removal

Order

[The tenant/s] must pay One Up Property Management Ltd As Agent For Mrs Tracy Cherie Belcher And [The landlord/s] $9,895.60 immediately, calculated as shown in table below.

Reasons

Only the landlord attended the hearing.
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, 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, and did not remove all rubbish.
The tenant did not return the keys.
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.
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 throughout the property during the tenancy: bathroom vanity, ranchslider, windows, mirror, cabinets, flooring, walls, carpet, towel rail and doors.
The damage is more than fair wear and tear, and the tenant has not disproved liability for the damage.
The amounts ordered are proved.
Because One Up Property Management Ltd As Agent For Mrs Tracy Cherie Belcher And [The landlord/s] has wholly succeeded with the claim I must reimburse the filing fee.

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 5493302 — net $9,895.60 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Repairs: bathroom vanity, ranchslider, windows, mirror cabinets, flooring, walls, carpet, towel rail and doors limited t	$8,000.00	Repairs: bathroom vanity, ranchslider, windows, mirror cabinets, flooring, walls, carpet, towel rail and doors limited t
Rubbish removal	$977.50	Rubbish removal
Lock/key replacement	$660.10	Lock/key replacement
Repairs: clothsline	$230.00	Repairs: clothsline
Filing fee reimbursement	$28.00	Filing fee reimbursement
Net award	$9,895.60
Total payable by Tenant to Landlord	$9,895.60

Claims and awards for application 5493302 — net $9,895.60 NZD. Verify on MoJ.

Repairs: bathroom vanity, ranchslider, windows, mirror cabinets, flooring, walls, carpet, towel rail and doors limited t

Amount: $8,000.00
Awarded to: Landlord
Reason: Repairs: bathroom vanity, ranchslider, windows, mirror cabinets, flooring, walls, carpet, towel rail and doors limited t

Rubbish removal

Amount: $977.50
Awarded to: Landlord
Reason: Rubbish removal

Lock/key replacement

Amount: $660.10
Awarded to: Landlord
Reason: Lock/key replacement

Repairs: clothsline

Amount: $230.00
Awarded to: Landlord
Reason: Repairs: clothsline

Filing fee reimbursement

Amount: $28.00
Awarded to: Landlord

Claim types — money lines allowed on this order

Filing Fee Property damage Rubbish Removal

Order

[The tenant/s] must pay One Up Property Management Ltd As Agent For Mrs Tracy Cherie Belcher And [The landlord/s] $9,895.60 immediately, calculated as shown in table below.

Reasons

Only the landlord attended the hearing.
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, 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, and did not remove all rubbish.
The tenant did not return the keys.
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.
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 throughout the property during the tenancy: bathroom vanity, ranchslider, windows, mirror, cabinets, flooring, walls, carpet, towel rail and doors.
The damage is more than fair wear and tear, and the tenant has not disproved liability for the damage.
The amounts ordered are proved.
Because One Up Property Management Ltd As Agent For Mrs Tracy Cherie Belcher And [The landlord/s] has wholly succeeded with the claim I must reimburse the filing fee.

Tenancy Tribunal case 5493302 — Property damage at 3A Benton Place, Manurewa, Auckland 2102

At a glance

Tenancy Tribunal case 5493302 — Property damage at 3A Benton Place, Manurewa, Auckland 2102

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