What was the outcome of Tenancy Tribunal case 4555592?

The tribunal order states: Aaron James Murphy must pay Qq Rentals Ltd as Agent for Jennifer Tsai-Lin

How much money was awarded in case 4555592?

Disposal Of Dining Room Table: $150.00 awarded to landlord; Property Damage: $299.50 awarded to landlord; Property Damage: $49.50 awarded to landlord; Leak Inspections After Floodings: $718.75 awarded to landlord; Property Damage: $127.00 awarded to landlord; Property Damage: $437.00 awarded to landlord; Cleaning: $28.75 awarded to landlord; Rent Arrears: $2,600.00 awarded to landlord; Bathroom Tiles Re-Waterproofing: $862.50 awarded to landlord; Property Damage: $402.50 awarded to landlord; Property Damage: $632.50 awarded to landlord; Property Damage: $283.50 awarded to landlord; Smoke Alarms: $201.25 awarded to landlord

What type of tenancy dispute was case 4555592?

The primary dispute was Property damage. Related themes: Rent arrears, Leaks, Smoke alarms, Cleanliness.

Where can I read the official tribunal order for case 4555592?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/10210896-Tribunal_Order.pdf.

What was the outcome of Tenancy Tribunal case 4555592?

The tribunal order states: Aaron James Murphy must pay Qq Rentals Ltd as Agent for Jennifer Tsai-Lin

How much money was awarded in case 4555592?

Disposal Of Dining Room Table: $150.00 awarded to landlord; Property Damage: $299.50 awarded to landlord; Property Damage: $49.50 awarded to landlord; Leak Inspections After Floodings: $718.75 awarded to landlord; Property Damage: $127.00 awarded to landlord; Property Damage: $437.00 awarded to landlord; Cleaning: $28.75 awarded to landlord; Rent Arrears: $2,600.00 awarded to landlord; Bathroom Tiles Re-Waterproofing: $862.50 awarded to landlord; Property Damage: $402.50 awarded to landlord; Property Damage: $632.50 awarded to landlord; Property Damage: $283.50 awarded to landlord; Smoke Alarms: $201.25 awarded to landlord

What type of tenancy dispute was case 4555592?

The primary dispute was Property damage. Related themes: Rent arrears, Leaks, Smoke alarms, Cleanliness.

Where can I read the official tribunal order for case 4555592?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/10210896-Tribunal_Order.pdf.

Unit/Flat 2302, 32 Swanson Street, Auckland Central, Tenancy Tribunal Case 4555592 — Property damage

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Unit/Flat 2302, 32 Swanson Street, Auckland Central, Tenancy Tribunal Case 4555592 — Property damage | TenantCheck

Claims & awards

What this tenancy cost at tribunal — claim, category, amount, and party awarded, with reconciled net total.

Claims and awards for application 4555592 — net $3,992.75 NZD. Verify on MoJ.

Rent arrears

Amount: $2,600.00
Awarded to: Landlord
Reason: Rent arrears

Repairs: Kitchen bench repair

Amount: $402.50
Awarded to: Landlord
Reason: Repairs: Kitchen bench repair

Repairs: Bathroom tiles re-waterproofing

Amount: $862.50
Awarded to: Landlord
Reason: Repairs: Bathroom tiles re-waterproofing

Repairs: Repair and re-paint walls and skirting

Amount: $632.50
Awarded to: Landlord
Reason: Repairs: Repair and re-paint walls and skirting

Lock/key replacement: Replace broken door lock

Amount: $437.00
Awarded to: Landlord
Reason

Claim types — money lines allowed on this order

Property damage Cleanliness Rent arrears Replace Smoke Alarms

Order

Aaron James Murphy must pay Qq Rentals Ltd as Agent for Jennifer Tsai-Lin Marr $3,992.75 immediately for rent arrears and damages, as calculated and shown in table below. DescriptionLandlord Rent arrears$2,600.00 Repairs: Kitchen bench repair$402.50 Repairs: Bathroom tiles re-waterproofing$862.50 Repairs: Repair and re-paint walls and skirting$632.50 Lock/key replacement: Replace broken door lock$437.00 Leak inspections after floodings$718.75 Lock/key replacement: Key/Fob/Mailbox$127.00 Disposal of dining room table$150.00 Electrical fittings replacement/repair: Cooktop$299.50 Smoke alarm reset$201.25 Replace furnishings: Coffee table replacement$283.50 Meth testing/Cleaning: Test adminsitration fee$28.75 Electrical fittings replacement/repair: Replace microwave$49.50 Total award$6,792.75 Minus Bond-$2,800.00 Total payable by Tenant to Landlord$3,992.75
The Bond Centre is to pay the bond of $2,800.00 (6337788-002) to Qq Rentals Ltd as Agent for Jennifer Tsai-Lin Marr immediately.
I am dismissing the landlord claim for damage to the bollard.

Reasons

The landlord attended the hearing, but the tenant and his representative did not attend. At 10.17am I received an email from the representative, (sent at 9.26am this morning), asking for a teleconference for a 9.30am hearing.
This is the third hearing of this matter. On 7 September 2023, the matter was before me. The landlord and representative, (Elise Stickley) appeared, but the tenant did not as he was sick. Ms Stickley was unable to address issues raised in the hearing. The tenant was called but did not want to appear by teleconference. As a result, an adjournment was granted to allow the tenant to appear in person when he had recovered.
On 23 January 2024, the matter was before me again. The tenant, landlord and Ms Stickley appeared. After discussions on the issues, the landlord made an offer for a full and final payment of the claims. The hearing was adjourned again to allow the tenant and his representative the chance to consider the offer.
Significant movement had been made in this hearing with an acknowledgement and acceptance of some debts claimed by the landlord. The following were not disputed by the tenant: -Key, fob, and mailbox key replacement -Disposal of the broken dining room table -Replacement of broken cooktop -Smoke alarm reset fee. -Replacement of marble coffee table -Meth test administration fee -Replacement of microwave
The undisputed claims are included in this order.
The tenant did not accept the offer made by the landlord and it was set down for a further hearing to determining the remaining claims.
The landlord has applied for rent arrears, compensation, refund of the bond, and reimbursement of the filing fee following the end of the tenancy.

How much is owed for rent?

The tenancy ended on 10 January 2023. The landlord provided rent records which prove the amount of $2600.00 owing at the end of the tenancy.
I am satisfied that the landlord has proven his claim for rent arrears.

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 leave the premise reasonable clean and tidy but did not remove a broken dining room table.
The landlord did provide an invoice for the cost of $150.00 for the dining room table to be remove and disposed of.
The tenant did not return the keys for the door and mailbox and the access fob.
The landlord has provided an invoice for $127.00 for the replacement of these items.
I am satisfied that the amounts claimed are proven.

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: -Broken kitchen benchtop -Broken bathroom tile -Chipped and damaged walls and skirting boards -Broken door lock -Broken cooktop -Broken marble table -Broken microwave
The landlord provided the Tribunal with a pre- let and exit inspection reports and attached photographs and invoices for the cost of the repairs and for the replacement appliances.
At the last hearing, the tenant did not deny the damage claims but disputed the cost of the repairs and replacement items. At this hearing, the landlord has provided amended costs for the work and replacement appliances.
The damage is more than fair wear and tear, and the tenant has not disproved liability for the damage.
The amounts ordered are proved. Additional costs:
The landlord sought to claim the cost of repairs to a bollard in the building. The owner had been sent an invoice from the Body Corporation, that they paid for the alleged damage by their tenant.
The tenant is not here to assist with this dispute and the landlord has not provided me with proof of the damage, nor evidence that it was the tenant that is responsible for the damage.
I am unable to consider the repair costs to the bollard and so dismiss the claim.
There is no dispute between the parties, at the last hearing, that there was deliberate overflowing of water in the bathroom. The tenant described a former girlfriend who suffered from mental health issues, who did flood the bathroom on several occasions, requiring the landlord to pay for the cost of tradespeople to resolve the leaks.
The landlord has provided an invoice for $718.75 for the cost of the leak inspection and repair.
I am satisfied that the landlord has proven his claim for the leak repair costs.
The bond is to be refunded to the landlord to offset some of the debt owed by the tenant to the landlord.
Because Qq Rentals Ltd as Agent for Jennifer Tsai-Lin Marr has substantially succeeded with the claim I have reimbursed the filing fee.

Claims & awards

What this tenancy cost at tribunal — claim, category, amount, and party awarded, with reconciled net total.

Claims and awards for application 4555592 — net $3,992.75 NZD. Verify on MoJ.

Rent arrears

Amount: $2,600.00
Awarded to: Landlord
Reason: Rent arrears

Repairs: Kitchen bench repair

Amount: $402.50
Awarded to: Landlord
Reason: Repairs: Kitchen bench repair

Repairs: Bathroom tiles re-waterproofing

Amount: $862.50
Awarded to: Landlord
Reason: Repairs: Bathroom tiles re-waterproofing

Repairs: Repair and re-paint walls and skirting

Amount: $632.50
Awarded to: Landlord
Reason: Repairs: Repair and re-paint walls and skirting

Lock/key replacement: Replace broken door lock

Amount: $437.00
Awarded to: Landlord
Reason

Claim types — money lines allowed on this order

Property damage Cleanliness Rent arrears Replace Smoke Alarms

Order

Aaron James Murphy must pay Qq Rentals Ltd as Agent for Jennifer Tsai-Lin Marr $3,992.75 immediately for rent arrears and damages, as calculated and shown in table below. DescriptionLandlord Rent arrears$2,600.00 Repairs: Kitchen bench repair$402.50 Repairs: Bathroom tiles re-waterproofing$862.50 Repairs: Repair and re-paint walls and skirting$632.50 Lock/key replacement: Replace broken door lock$437.00 Leak inspections after floodings$718.75 Lock/key replacement: Key/Fob/Mailbox$127.00 Disposal of dining room table$150.00 Electrical fittings replacement/repair: Cooktop$299.50 Smoke alarm reset$201.25 Replace furnishings: Coffee table replacement$283.50 Meth testing/Cleaning: Test adminsitration fee$28.75 Electrical fittings replacement/repair: Replace microwave$49.50 Total award$6,792.75 Minus Bond-$2,800.00 Total payable by Tenant to Landlord$3,992.75
The Bond Centre is to pay the bond of $2,800.00 (6337788-002) to Qq Rentals Ltd as Agent for Jennifer Tsai-Lin Marr immediately.
I am dismissing the landlord claim for damage to the bollard.

Reasons

The landlord attended the hearing, but the tenant and his representative did not attend. At 10.17am I received an email from the representative, (sent at 9.26am this morning), asking for a teleconference for a 9.30am hearing.
This is the third hearing of this matter. On 7 September 2023, the matter was before me. The landlord and representative, (Elise Stickley) appeared, but the tenant did not as he was sick. Ms Stickley was unable to address issues raised in the hearing. The tenant was called but did not want to appear by teleconference. As a result, an adjournment was granted to allow the tenant to appear in person when he had recovered.
On 23 January 2024, the matter was before me again. The tenant, landlord and Ms Stickley appeared. After discussions on the issues, the landlord made an offer for a full and final payment of the claims. The hearing was adjourned again to allow the tenant and his representative the chance to consider the offer.
Significant movement had been made in this hearing with an acknowledgement and acceptance of some debts claimed by the landlord. The following were not disputed by the tenant: -Key, fob, and mailbox key replacement -Disposal of the broken dining room table -Replacement of broken cooktop -Smoke alarm reset fee. -Replacement of marble coffee table -Meth test administration fee -Replacement of microwave
The undisputed claims are included in this order.
The tenant did not accept the offer made by the landlord and it was set down for a further hearing to determining the remaining claims.
The landlord has applied for rent arrears, compensation, refund of the bond, and reimbursement of the filing fee following the end of the tenancy.

How much is owed for rent?

The tenancy ended on 10 January 2023. The landlord provided rent records which prove the amount of $2600.00 owing at the end of the tenancy.
I am satisfied that the landlord has proven his claim for rent arrears.

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 leave the premise reasonable clean and tidy but did not remove a broken dining room table.
The landlord did provide an invoice for the cost of $150.00 for the dining room table to be remove and disposed of.
The tenant did not return the keys for the door and mailbox and the access fob.
The landlord has provided an invoice for $127.00 for the replacement of these items.
I am satisfied that the amounts claimed are proven.

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: -Broken kitchen benchtop -Broken bathroom tile -Chipped and damaged walls and skirting boards -Broken door lock -Broken cooktop -Broken marble table -Broken microwave
The landlord provided the Tribunal with a pre- let and exit inspection reports and attached photographs and invoices for the cost of the repairs and for the replacement appliances.
At the last hearing, the tenant did not deny the damage claims but disputed the cost of the repairs and replacement items. At this hearing, the landlord has provided amended costs for the work and replacement appliances.
The damage is more than fair wear and tear, and the tenant has not disproved liability for the damage.
The amounts ordered are proved. Additional costs:
The landlord sought to claim the cost of repairs to a bollard in the building. The owner had been sent an invoice from the Body Corporation, that they paid for the alleged damage by their tenant.
The tenant is not here to assist with this dispute and the landlord has not provided me with proof of the damage, nor evidence that it was the tenant that is responsible for the damage.
I am unable to consider the repair costs to the bollard and so dismiss the claim.
There is no dispute between the parties, at the last hearing, that there was deliberate overflowing of water in the bathroom. The tenant described a former girlfriend who suffered from mental health issues, who did flood the bathroom on several occasions, requiring the landlord to pay for the cost of tradespeople to resolve the leaks.
The landlord has provided an invoice for $718.75 for the cost of the leak inspection and repair.
I am satisfied that the landlord has proven his claim for the leak repair costs.
The bond is to be refunded to the landlord to offset some of the debt owed by the tenant to the landlord.
Because Qq Rentals Ltd as Agent for Jennifer Tsai-Lin Marr has substantially succeeded with the claim I have reimbursed the filing fee.

Tenancy Tribunal case 4555592 — Property damage at Unit/Flat 2302, 32 Swanson Street, Auckland Central,

At a glance

Tenancy Tribunal case 4555592 — Property damage at Unit/Flat 2302, 32 Swanson Street, Auckland Central,

At a glance

Award balance

Claims & awards

Order

Reasons

How much is owed for rent?

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

How much is owed for rent?

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

Claim	Landlord	Reason
Rent arrears	$2,600.00	Rent arrears
Repairs: Kitchen bench repair	$402.50	Repairs: Kitchen bench repair
Repairs: Bathroom tiles re-waterproofing	$862.50	Repairs: Bathroom tiles re-waterproofing
Repairs: Repair and re-paint walls and skirting	$632.50	Repairs: Repair and re-paint walls and skirting
Lock/key replacement: Replace broken door lock	$437.00	Lock/key replacement: Replace broken door lock
Leak inspections after floodings	$718.75	Leak inspections after floodings
Lock/key replacement: Key/Fob/Mailbox	$127.00	Lock/key replacement: Key/Fob/Mailbox
Disposal of dining room table	$150.00	Disposal of dining room table
Electrical fittings replacement/repair: Cooktop	$299.50	Electrical fittings replacement/repair: Cooktop
Smoke alarm reset	$201.25	Smoke alarm reset
Replace furnishings: Coffee table replacement	$283.50	Replace furnishings: Coffee table replacement
Meth testing/Cleaning: Test adminsitration fee	$28.75	Meth testing/Cleaning: Test adminsitration fee
Electrical fittings replacement/repair: Replace microwave	$49.50	Electrical fittings replacement/repair: Replace microwave
Net award	$3,992.75
Total payable by Tenant to Landlord	$3,992.75