What was Tenancy Tribunal case 5493749 about?

The tribunal order states: [The tenant/s] tenant/s] must pay [The tenant/s] landlord/s] $1,918.40 immediately,

How much money was awarded in case 5493749?

Body Corporate Fee: $173.10 awarded to landlord; Chattels: $142.56 awarded to landlord; Filing Fee: $28.00 awarded to landlord; Property Damage: $1,574.74 awarded to landlord

What type of tenancy dispute was case 5493749?

The primary dispute was Property damage.

Where can I read the official tribunal order for case 5493749?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/14015060-Tribunal_Order.pdf.

What was Tenancy Tribunal case 5493749 about?

The tribunal order states: [The tenant/s] tenant/s] must pay [The tenant/s] landlord/s] $1,918.40 immediately,

How much money was awarded in case 5493749?

Body Corporate Fee: $173.10 awarded to landlord; Chattels: $142.56 awarded to landlord; Filing Fee: $28.00 awarded to landlord; Property Damage: $1,574.74 awarded to landlord

What type of tenancy dispute was case 5493749?

The primary dispute was Property damage.

Where can I read the official tribunal order for case 5493749?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/14015060-Tribunal_Order.pdf.

Unit/Flat 1C, 25 Rutland Street, Auckland Central, Auckland Tenancy Tribunal Case 5493749 — Property damage

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Unit/Flat 1C, 25 Rutland Street, Auckland Central, Auckland Tenancy Tribunal Case 5493749 — 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 5493749 — net $1,918.40 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Body Corporate Fee	$173.10	Body Corporate Fee
Repairs	$1,574.74	Repairs
Chattels	$142.56	Chattels
Filing fee reimbursement	$28.00	Filing fee reimbursement
Net award	$1,918.40
Total payable by Tenant to Landlord	$1,918.40

Claims and awards for application 5493749 — net $1,918.40 NZD. Verify on MoJ.

Body Corporate Fee

Amount: $173.10
Awarded to: Landlord
Reason: Body Corporate Fee

Repairs

Amount: $1,574.74
Awarded to: Landlord
Reason: Repairs

Chattels

Amount: $142.56
Awarded to: Landlord
Reason: Chattels

Filing fee reimbursement

Amount: $28.00
Awarded to: Landlord
Reason: Filing fee reimbursement

Net award

Landlord $1,918.40

Total payable by Tenant to Landlord

Landlord $1,918.40

Claim types — money lines allowed on this order

Filing Fee Property damage

Order

[The tenant/s] tenant/s] must pay [The tenant/s] landlord/s] $1,918.40 immediately, calculated as shown in table below:

Reasons

The applicant attended the hearing. The respondent did not.
Following the end of the tenancy the applicant seeks: a) $173.10 for a Unit Titles breach notice. This amount was charged to the landlord after the tenant disabled the fire alarm, requiring attendance at the unit. b) $1,574.74 for repair costs, comprising plumbing costs, an electrician's invoice, replacement of an LED mirror, installation of the replacement LED mirror, replacement of blinds removed from the unit, and repairs to holes in the gib. c) $712.80 for replacement chattels, being a television, mattress protector, cutlery tray, and kitchen utensils. d) Reimbursement of the filing fee.

Is the respondent liable for the call-out invoice?

I am satisfied that the call-out invoice arose from the tenant's breach of the Body Corporate rules, with which the tenant was required to comply. I am also satisfied that it was reasonable for the landlord to incur, and now recover, the costs associated with administering that breach. Accordingly, the sum of $173.10 is awarded.

Is the respondent liable for the damage repair costs?

I have reviewed the exit inspection photographs, which show damage to the walls, the LED mirror having been removed from the wall, holes left where it had been mounted, and further damage to the surrounding walls. I have also reviewed the associated invoices. I am satisfied that the landlord incurred these costs in remedying damage caused by the tenant in breach of section 40(2)(a) of the Residential Tenancies Act, which prohibits a tenant from intentionally or carelessly damaging the premises.
I am satisfied that the damage was intentional. Accordingly, the claimed repair costs of $1,574.74 are awarded.

Is the tenant liable for the chattel replacement costs?

Although I am satisfied that the tenant removed the chattels, the landlord has provided only pre-tenancy photographs showing the chattels in the property. The landlord did not provide a chattel list, contrary to the requirements of section 13A of the Residential Tenancies Act. Further, when asked about the age of the chattels, the landlord was unable to provide any specific information. As a result, I am unable to properly assess depreciation or betterment.
In those circumstances, I consider it appropriate to award 20% of the total amount claimed, being $142.56. Filing fee
As the applicant has substantially succeeded in the claim, the filing fee is awarded.

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 5493749 — net $1,918.40 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Body Corporate Fee	$173.10	Body Corporate Fee
Repairs	$1,574.74	Repairs
Chattels	$142.56	Chattels
Filing fee reimbursement	$28.00	Filing fee reimbursement
Net award	$1,918.40
Total payable by Tenant to Landlord	$1,918.40

Claims and awards for application 5493749 — net $1,918.40 NZD. Verify on MoJ.

Body Corporate Fee

Amount: $173.10
Awarded to: Landlord
Reason: Body Corporate Fee

Repairs

Amount: $1,574.74
Awarded to: Landlord
Reason: Repairs

Chattels

Amount: $142.56
Awarded to: Landlord
Reason: Chattels

Filing fee reimbursement

Amount: $28.00
Awarded to: Landlord
Reason: Filing fee reimbursement

Net award

Landlord $1,918.40

Total payable by Tenant to Landlord

Landlord $1,918.40

Claim types — money lines allowed on this order

Filing Fee Property damage

Order

[The tenant/s] tenant/s] must pay [The tenant/s] landlord/s] $1,918.40 immediately, calculated as shown in table below:

Reasons

The applicant attended the hearing. The respondent did not.
Following the end of the tenancy the applicant seeks: a) $173.10 for a Unit Titles breach notice. This amount was charged to the landlord after the tenant disabled the fire alarm, requiring attendance at the unit. b) $1,574.74 for repair costs, comprising plumbing costs, an electrician's invoice, replacement of an LED mirror, installation of the replacement LED mirror, replacement of blinds removed from the unit, and repairs to holes in the gib. c) $712.80 for replacement chattels, being a television, mattress protector, cutlery tray, and kitchen utensils. d) Reimbursement of the filing fee.

Is the respondent liable for the call-out invoice?

I am satisfied that the call-out invoice arose from the tenant's breach of the Body Corporate rules, with which the tenant was required to comply. I am also satisfied that it was reasonable for the landlord to incur, and now recover, the costs associated with administering that breach. Accordingly, the sum of $173.10 is awarded.

Is the respondent liable for the damage repair costs?

I have reviewed the exit inspection photographs, which show damage to the walls, the LED mirror having been removed from the wall, holes left where it had been mounted, and further damage to the surrounding walls. I have also reviewed the associated invoices. I am satisfied that the landlord incurred these costs in remedying damage caused by the tenant in breach of section 40(2)(a) of the Residential Tenancies Act, which prohibits a tenant from intentionally or carelessly damaging the premises.
I am satisfied that the damage was intentional. Accordingly, the claimed repair costs of $1,574.74 are awarded.

Is the tenant liable for the chattel replacement costs?

Although I am satisfied that the tenant removed the chattels, the landlord has provided only pre-tenancy photographs showing the chattels in the property. The landlord did not provide a chattel list, contrary to the requirements of section 13A of the Residential Tenancies Act. Further, when asked about the age of the chattels, the landlord was unable to provide any specific information. As a result, I am unable to properly assess depreciation or betterment.
In those circumstances, I consider it appropriate to award 20% of the total amount claimed, being $142.56. Filing fee
As the applicant has substantially succeeded in the claim, the filing fee is awarded.

Tenancy Tribunal case 5493749 — Property damage at Unit/Flat 1C, 25 Rutland Street, Auckland Central, Auckland

At a glance

Tenancy Tribunal case 5493749 — Property damage at Unit/Flat 1C, 25 Rutland Street, Auckland Central, Auckland

At a glance

Award balance

Claims & awards

Order

Reasons

Is the respondent liable for the call-out invoice?

Is the respondent liable for the damage repair costs?

Is the tenant liable for the chattel replacement costs?

Topics & place

Residential Tenancies Act sections

Key findings

Frequently asked questions

Reduce avoidable tribunal risk with proper tenant checks.

Award balance

Claims & awards

Order

Reasons

Is the respondent liable for the call-out invoice?

Is the respondent liable for the damage repair costs?

Is the tenant liable for the chattel replacement costs?

Topics & place

Residential Tenancies Act sections

Key findings

Frequently asked questions

Reduce avoidable tribunal risk with proper tenant checks.