What was the outcome of Tenancy Tribunal case 4550663?

The tribunal order states: No application for suppression has been made in this case and no suppression

How much money was awarded in case 4550663?

Carpet Stain Removal: $125.00 awarded to landlord; Filing Fee: $20.44 awarded to landlord; Property Damage: $419.75 awarded to landlord; Property Damage: $391.00 awarded to landlord; Water Rates: $25.90 awarded to landlord

What type of tenancy dispute was case 4550663?

The primary dispute was Property damage.

Where can I read the official tribunal order for case 4550663?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/9216782-Tenancy_Tribunal_Order.pdf.

What was the outcome of Tenancy Tribunal case 4550663?

The tribunal order states: No application for suppression has been made in this case and no suppression

How much money was awarded in case 4550663?

Carpet Stain Removal: $125.00 awarded to landlord; Filing Fee: $20.44 awarded to landlord; Property Damage: $419.75 awarded to landlord; Property Damage: $391.00 awarded to landlord; Water Rates: $25.90 awarded to landlord

What type of tenancy dispute was case 4550663?

The primary dispute was Property damage.

Where can I read the official tribunal order for case 4550663?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/9216782-Tenancy_Tribunal_Order.pdf.

61E Wellington Street, Pukekohe, Auckland 2120 Tenancy Tribunal Case 4550663 — Property damage

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61E Wellington Street, Pukekohe, Auckland 2120 Tenancy Tribunal Case 4550663 — 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 4550663 — net $982.09 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Water rates as at end of tenancy	$25.90	Water rates as at end of tenancy
Carpet stain removal	$125.00	Carpet stain removal
Outstanding repair cost	$419.75	Outstanding repair cost
Repair to wall and door	$391.00	Repair to wall and door
Filing fee reimbursement	$20.44	Filing fee reimbursement
Net award	$982.09
Total payable by Tenant to Landlord	$982.09

Claims and awards for application 4550663 — net $982.09 NZD. Verify on MoJ.

Water rates as at end of tenancy

Amount: $25.90
Awarded to: Landlord
Reason: Water rates as at end of tenancy

Carpet stain removal

Amount: $125.00
Awarded to: Landlord
Reason: Carpet stain removal

Outstanding repair cost

Amount: $419.75
Awarded to: Landlord
Reason: Outstanding repair cost

Repair to wall and door

Amount: $391.00
Awarded to: Landlord
Reason: Repair to wall and door

Filing fee reimbursement

Amount: $20.44
Awarded to: Landlord
Reason: Filing fee reimbursement

Claim types — money lines allowed on this order

Filing Fee Property damage Water Rates

Order

No application for suppression has been made in this case and no suppression orders apply around publication of this decision.
Lisa Michelle Kite must pay Inspire Property Management As Agent For Mark And Mary Richardson $982.09 immediately, calculated as shown in table below.

Reasons

This claim was scheduled to be heard by teleconference. Both times I rang the number provided for the tenant my call went unanswered and so the hearing went ahead in her absence.
The landlord has applied for compensation and reimbursement of the filing fee following the end of the tenancy.

How much is owed for water rates?

The tenancy ended on 17 March 2023. The landlord provided water rates invoices which prove the amount owing at the end of the tenancy - $25.90.

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.
The following damage was caused during the tenancy: • A hole in the master bedroom wall • A hole in bedroom 3’s door
The damage is more than fair wear and tear, and the tenant has not disproved liability for the damage. I note that the house was brand new when the tenant moved in.
The tenant also remains liable for the cost of repairing a hole in bedroom’s 3 wall which occurred at the beginning of the tenancy. I accept that the amount remaining to be paid for this damage is $419.75. Filing fee reimbursement
I am ordering Ms Kite to reimburse the filing fee to the landlord because they were wholly successful in their claim against her. Previous order
For the sake of clarity there has been a previous order against Ms Kite for this same tenancy – application number 4511913.
The bond was paid to the landlord by an order dated 5 April 2023. C ter Haar 25 July 2023

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 4550663 — net $982.09 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Water rates as at end of tenancy	$25.90	Water rates as at end of tenancy
Carpet stain removal	$125.00	Carpet stain removal
Outstanding repair cost	$419.75	Outstanding repair cost
Repair to wall and door	$391.00	Repair to wall and door
Filing fee reimbursement	$20.44	Filing fee reimbursement
Net award	$982.09
Total payable by Tenant to Landlord	$982.09

Claims and awards for application 4550663 — net $982.09 NZD. Verify on MoJ.

Water rates as at end of tenancy

Amount: $25.90
Awarded to: Landlord
Reason: Water rates as at end of tenancy

Carpet stain removal

Amount: $125.00
Awarded to: Landlord
Reason: Carpet stain removal

Outstanding repair cost

Amount: $419.75
Awarded to: Landlord
Reason: Outstanding repair cost

Repair to wall and door

Amount: $391.00
Awarded to: Landlord
Reason: Repair to wall and door

Filing fee reimbursement

Amount: $20.44
Awarded to: Landlord
Reason: Filing fee reimbursement

Claim types — money lines allowed on this order

Filing Fee Property damage Water Rates

Order

No application for suppression has been made in this case and no suppression orders apply around publication of this decision.
Lisa Michelle Kite must pay Inspire Property Management As Agent For Mark And Mary Richardson $982.09 immediately, calculated as shown in table below.

Reasons

This claim was scheduled to be heard by teleconference. Both times I rang the number provided for the tenant my call went unanswered and so the hearing went ahead in her absence.
The landlord has applied for compensation and reimbursement of the filing fee following the end of the tenancy.

How much is owed for water rates?

The tenancy ended on 17 March 2023. The landlord provided water rates invoices which prove the amount owing at the end of the tenancy - $25.90.

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.
The following damage was caused during the tenancy: • A hole in the master bedroom wall • A hole in bedroom 3’s door
The damage is more than fair wear and tear, and the tenant has not disproved liability for the damage. I note that the house was brand new when the tenant moved in.
The tenant also remains liable for the cost of repairing a hole in bedroom’s 3 wall which occurred at the beginning of the tenancy. I accept that the amount remaining to be paid for this damage is $419.75. Filing fee reimbursement
I am ordering Ms Kite to reimburse the filing fee to the landlord because they were wholly successful in their claim against her. Previous order
For the sake of clarity there has been a previous order against Ms Kite for this same tenancy – application number 4511913.
The bond was paid to the landlord by an order dated 5 April 2023. C ter Haar 25 July 2023

Tenancy Tribunal case 4550663 — Property damage at 61E Wellington Street, Pukekohe, Auckland 2120

At a glance

Tenancy Tribunal case 4550663 — Property damage at 61E Wellington Street, Pukekohe, Auckland 2120

At a glance

Award balance

Claims & awards

Order

Reasons

How much is owed for water rates?

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?

Is the tenant responsible for the damage to the premises?

Topics & place

Residential Tenancies Act sections

Key findings

Property management

Frequently asked questions