What was the outcome of Tenancy Tribunal case 4561890?

The tribunal order states: Ariana Rita Te Reopikiora Allen must pay Li Qian $2,688.64 immediately,

How much money was awarded in case 4561890?

Cleaning: $500.00 awarded to landlord; Filing Fee: $20.44 awarded to landlord; Lightbulbs: $22.00 awarded to landlord; Property Damage: $1,537.10 awarded to landlord; Property Damage: $86.10 awarded to landlord; Property Damage: $900.00 awarded to landlord; Rent In Lieu: $2,400.00 awarded to landlord; Rubbish Removal: $423.00 awarded to landlord

What type of tenancy dispute was case 4561890?

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

Where can I read the official tribunal order for case 4561890?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/9928680-Tribunal_Order.pdf.

What was the outcome of Tenancy Tribunal case 4561890?

The tribunal order states: Ariana Rita Te Reopikiora Allen must pay Li Qian $2,688.64 immediately,

How much money was awarded in case 4561890?

Cleaning: $500.00 awarded to landlord; Filing Fee: $20.44 awarded to landlord; Lightbulbs: $22.00 awarded to landlord; Property Damage: $1,537.10 awarded to landlord; Property Damage: $86.10 awarded to landlord; Property Damage: $900.00 awarded to landlord; Rent In Lieu: $2,400.00 awarded to landlord; Rubbish Removal: $423.00 awarded to landlord

What type of tenancy dispute was case 4561890?

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

Where can I read the official tribunal order for case 4561890?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/9928680-Tribunal_Order.pdf.

1286A Dairy Flat Highway, Dairy Flat, RD 4, Auckland 0794 Tenancy Tribunal Case 4561890 — Property damage

Order

Claims and awards in Tenancy Tribunal application 4561890 — net $2,688.64 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Cleaning	$500.00	Cleaning
Rubbish removal	$423.00	Rubbish removal
Wall repairs and repainting	$1,537.10	Wall repairs and repainting
Light bulb replacement	$22.00	Light bulb replacement
Lock/key replacement	$86.10	Lock/key replacement
Window repairs	$900.00	Window repairs
Rent in lieu	$2,400.00	Rent in lieu
Filing fee reimbursement	$20.44	Filing fee reimbursement
Net award	$2,688.64
Total payable by Tenant to Landlord	$2,688.64

Ariana Rita Te Reopikiora Allen must pay Li Qian $2,688.64 immediately, calculated as shown in table below.

The Bond Centre is to pay the bond of $3,200.00 (6030262-008) to LI QIAN immediately. DescriptionLandlord Cleaning$500.00 Rubbish removal$423.00 Wall repairs and repainting$1,537.10 Light bulb replacement$22.00 Lock/key replacement$86.10 Window repairs$900.00 Rent in lieu$2,400.00 Filing fee reimbursement$20.44 Total award$5,888.64 Bond$3,200.00 Total payable by Tenant to Landlord$2,688.64

Reasons

The landlord attended the hearing in person. He was assisted by a Mandarin interpreter, Hazel Shao.

The tenant did not attend. Tenancy Services gave the tenant notice of the hearing and several reminders of the hearing. The hearing proceeded in the tenant’s absence.

The landlord has applied for rent arrears, rent in lieu, 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 29 March 2023. No rent arrears were owed as at that date.

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. 1

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 tenant did not return the keys. The tenant did not replace a standard lightbulb.

The amounts ordered for cleaning, rubbish removal, lock replacement, and lightbulb replacement 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. 2 1 Residential Tenancies Act 1986 (RTA), s 40(1)(e)(ii)-(v). 2 RTA, ss 40(2)(a), 41, and 49B.

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. 3

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. 4

During the tenancy, the premises’ walls were extensively scratched, and scribbled on. The walls were dented in two places and holed in two places. Several doors were badly damaged, and six windows were broken. The photographs indicate the damage was caused intentionally. The damage is more than fair wear and tear, and the tenant has not disproved liability for the damage.

The amounts ordered for repairs are proved. Rent in lieu

The landlord spent a lot of his own time carrying out the repairs. I am not making an order for reimbursement of his time. However, I consider the tenant is liable to pay the landlord rent in lieu for the time it took to make the premises tenantable again.

The tenant moved out on 29 March 2023. However, she did not tell the landlord she had done so. When the landlord went to the premises, many of the tenant’s belongings were still in the premises, so the landlord was unsure whether the tenant had moved out or not for a week. It then took about two weeks to repair the premises to a rentable condition.

Therefore, the Tribunal orders the tenant to pay the landlord the equivalent of three weeks rent for the period it took to repair the deliberately caused damage. Filing fee

The Tribunal orders the tenant to reimburse the landlord for the filing fee because the landlord has substantially succeeded in the case, and it is appropriate for the tenant to meet that cost in the circumstances. 3 RTA, s 49B(1). 4 See Guo v Korck [2019] NZHC 1541. Bond

The Tribunal directs the Bond Centre to pay the bond out to the landlord. The bond payment will reduce the amount the tenant owes the landlord.

Claims and awards in Tenancy Tribunal application 4561890 — net $2,688.64 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Cleaning	$500.00	Cleaning
Rubbish removal	$423.00	Rubbish removal
Wall repairs and repainting	$1,537.10	Wall repairs and repainting
Light bulb replacement	$22.00	Light bulb replacement
Lock/key replacement	$86.10	Lock/key replacement
Window repairs	$900.00	Window repairs
Rent in lieu	$2,400.00	Rent in lieu
Filing fee reimbursement	$20.44	Filing fee reimbursement
Net award	$2,688.64
Total payable by Tenant to Landlord	$2,688.64

Order

Ariana Rita Te Reopikiora Allen must pay Li Qian $2,688.64 immediately, calculated as shown in table below.
The Bond Centre is to pay the bond of $3,200.00 (6030262-008) to LI QIAN immediately. DescriptionLandlord Cleaning$500.00 Rubbish removal$423.00 Wall repairs and repainting$1,537.10 Light bulb replacement$22.00 Lock/key replacement$86.10 Window repairs$900.00 Rent in lieu$2,400.00 Filing fee reimbursement$20.44 Total award$5,888.64 Bond$3,200.00 Total payable by Tenant to Landlord$2,688.64

Reasons

The landlord attended the hearing in person. He was assisted by a Mandarin interpreter, Hazel Shao.
The tenant did not attend. Tenancy Services gave the tenant notice of the hearing and several reminders of the hearing. The hearing proceeded in the tenant’s absence.
The landlord has applied for rent arrears, rent in lieu, 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 29 March 2023. No rent arrears were owed as at that date.

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. 1
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 tenant did not return the keys. The tenant did not replace a standard lightbulb.
The amounts ordered for cleaning, rubbish removal, lock replacement, and lightbulb replacement 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. 2 1 Residential Tenancies Act 1986 (RTA), s 40(1)(e)(ii)-(v). 2 RTA, ss 40(2)(a), 41, and 49B.
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. 3
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. 4
During the tenancy, the premises’ walls were extensively scratched, and scribbled on. The walls were dented in two places and holed in two places. Several doors were badly damaged, and six windows were broken. The photographs indicate the damage was caused intentionally. The damage is more than fair wear and tear, and the tenant has not disproved liability for the damage.
The amounts ordered for repairs are proved. Rent in lieu
The landlord spent a lot of his own time carrying out the repairs. I am not making an order for reimbursement of his time. However, I consider the tenant is liable to pay the landlord rent in lieu for the time it took to make the premises tenantable again.
The tenant moved out on 29 March 2023. However, she did not tell the landlord she had done so. When the landlord went to the premises, many of the tenant’s belongings were still in the premises, so the landlord was unsure whether the tenant had moved out or not for a week. It then took about two weeks to repair the premises to a rentable condition.
Therefore, the Tribunal orders the tenant to pay the landlord the equivalent of three weeks rent for the period it took to repair the deliberately caused damage. Filing fee
The Tribunal orders the tenant to reimburse the landlord for the filing fee because the landlord has substantially succeeded in the case, and it is appropriate for the tenant to meet that cost in the circumstances. 3 RTA, s 49B(1). 4 See Guo v Korck [2019] NZHC 1541. Bond
The Tribunal directs the Bond Centre to pay the bond out to the landlord. The bond payment will reduce the amount the tenant owes the landlord.

Tenancy Tribunal case 4561890 — Property damage at 1286A Dairy Flat Highway, Dairy Flat, RD 4, Auckland 0794

At a glance

Tenancy Tribunal case 4561890 — Property damage at 1286A Dairy Flat Highway, Dairy Flat, RD 4, Auckland 0794

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

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

Frequently asked questions