How much money was awarded in case 4553991?

Cleaning: $504.05 awarded to landlord; Filing Fee: $20.44 awarded to landlord; Previous Order Application 4490129 D…: $3,440.44 awarded to landlord; Property Damage: $790.00 awarded to landlord; Property Damage: $250.70 awarded to landlord

What type of tenancy dispute was case 4553991?

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

Where can I read the official tribunal order for case 4553991?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/9271190-Tenancy_Tribunal_Order.pdf.

How much money was awarded in case 4553991?

Cleaning: $504.05 awarded to landlord; Filing Fee: $20.44 awarded to landlord; Previous Order Application 4490129 D…: $3,440.44 awarded to landlord; Property Damage: $790.00 awarded to landlord; Property Damage: $250.70 awarded to landlord

What type of tenancy dispute was case 4553991?

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

Where can I read the official tribunal order for case 4553991?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/9271190-Tenancy_Tribunal_Order.pdf.

22C Larsen Street, Otara, Auckland 2025 Tenancy Tribunal Case 4553991 — Property damage

Q: What was the outcome of Tenancy Tribunal case 4553991?

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

Order

Claims and awards in Tenancy Tribunal application 4553991 — net $5,005.63 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Previous order application 4490129 dated 08/03/2023	$3,440.44	Previous order application 4490129 dated 08/03/2023
Filing fee reimbursement	$20.44	Filing fee reimbursement
Repairs	$790.00	Repairs
Replacement glass	$250.70	Replacement glass
Cleaning	$504.05	Cleaning
Net award	$5,005.63
Total payable by Tenant to Landlord	$5,005.63

No application for suppression has been made in this case and no suppression orders apply around publication of this decision.

Anamaria Tavae, James Lui and Mareko Tavae must pay Inspire Real Estate Limited as Agent for Dean Mackenzie $5,005.63 immediately, calculated as shown in table below. DescriptionLandlord Previous order application 4490129 dated 08/03/2023$3,440.44 Filing fee reimbursement$20.44 Repairs$790.00 Replacement glass$250.70 Cleaning$504.05 Total award$5,005.63 Total payable by Tenant to Landlord$5,005.63

Reasons

The landlord attended the hearing, the tenants did not appear. Previous order

There was a previous order dated 8 March 2023, application number 4490129, relating to this tenancy. Adjudicator Maher ordered termination and possession of the property to landlord for rent arrears.

The order also awarded $5720.44 for rent arrears to 8 March 2023 and the filing fee. The bond of $2280.00 was refunded to the landlord. However, there was an outstanding amount of $3440.44 still to be paid by the tenant from the earlier order.

I incorporate the outstanding sum of $3440.44 into this order.

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 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 and did not remove all rubbish.

The landlord has provided the Tribunal with photographs, a final inspection report and an invoice from Auckland House Cleaners dated 12 April 2023 for $504.05.

The inspection report and photographs show that the property was not left in a reasonably clean and tidy condition.

The landlord has satisfied me that they have proven their claim for cleaning.

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: -Holes in the walls and doors -Replace two broken windows in the house.

The landlord has provided an in-going inspection report dated 15 December 2022 to the Tribunal with photos which shows the property in good condition without damage. The landlord also provided a final inspection report and photos dated 9 March 2023 which show broken windows in one bedroom and the glass front door and holes knocked in the walls in the hallway and bedroom.

The landlord has provided an invoice from Promaxx Property Maintenance dated 17 April 2023 for $790.00 for the cost of repairing the holes in the wall and doors.

The landlord has also provided the Tribunal with an invoice from Manurewa Glass Ltd dated 19 March 2023 for $250.70 to replace and install the broken glass.

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 Inspire Real Estate Limited as Agent for Dean Mackenzie has wholly succeeded with the claim I must reimburse the filing fee.

Claims and awards in Tenancy Tribunal application 4553991 — net $5,005.63 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Previous order application 4490129 dated 08/03/2023	$3,440.44	Previous order application 4490129 dated 08/03/2023
Filing fee reimbursement	$20.44	Filing fee reimbursement
Repairs	$790.00	Repairs
Replacement glass	$250.70	Replacement glass
Cleaning	$504.05	Cleaning
Net award	$5,005.63
Total payable by Tenant to Landlord	$5,005.63

Order

No application for suppression has been made in this case and no suppression orders apply around publication of this decision.
Anamaria Tavae, James Lui and Mareko Tavae must pay Inspire Real Estate Limited as Agent for Dean Mackenzie $5,005.63 immediately, calculated as shown in table below. DescriptionLandlord Previous order application 4490129 dated 08/03/2023$3,440.44 Filing fee reimbursement$20.44 Repairs$790.00 Replacement glass$250.70 Cleaning$504.05 Total award$5,005.63 Total payable by Tenant to Landlord$5,005.63

Reasons

The landlord attended the hearing, the tenants did not appear. Previous order
There was a previous order dated 8 March 2023, application number 4490129, relating to this tenancy. Adjudicator Maher ordered termination and possession of the property to landlord for rent arrears.
The order also awarded $5720.44 for rent arrears to 8 March 2023 and the filing fee. The bond of $2280.00 was refunded to the landlord. However, there was an outstanding amount of $3440.44 still to be paid by the tenant from the earlier order.
I incorporate the outstanding sum of $3440.44 into this order.
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 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 and did not remove all rubbish.
The landlord has provided the Tribunal with photographs, a final inspection report and an invoice from Auckland House Cleaners dated 12 April 2023 for $504.05.
The inspection report and photographs show that the property was not left in a reasonably clean and tidy condition.
The landlord has satisfied me that they have proven their claim for cleaning.

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: -Holes in the walls and doors -Replace two broken windows in the house.
The landlord has provided an in-going inspection report dated 15 December 2022 to the Tribunal with photos which shows the property in good condition without damage. The landlord also provided a final inspection report and photos dated 9 March 2023 which show broken windows in one bedroom and the glass front door and holes knocked in the walls in the hallway and bedroom.
The landlord has provided an invoice from Promaxx Property Maintenance dated 17 April 2023 for $790.00 for the cost of repairing the holes in the wall and doors.
The landlord has also provided the Tribunal with an invoice from Manurewa Glass Ltd dated 19 March 2023 for $250.70 to replace and install the broken glass.
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 Inspire Real Estate Limited as Agent for Dean Mackenzie has wholly succeeded with the claim I must reimburse the filing fee.

Tenancy Tribunal case 4553991 — Property damage at 22C Larsen Street, Otara, Auckland 2025

At a glance

Tenancy Tribunal case 4553991 — Property damage at 22C Larsen Street, Otara, Auckland 2025

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