What was the outcome of Tenancy Tribunal case 4562429?

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

How much money was awarded in case 4562429?

Cleaning: $460.00 awarded to landlord; Filing Fee: $20.44 awarded to landlord; Property Damage: $1,150.00 awarded to landlord; Property Damage: $2,645.00 awarded to landlord; Property Damage: $1,150.00 awarded to landlord; Rent Arrears: $4,024.48 awarded to landlord; Plaster And Painting: $4,600.00 awarded to landlord; Plumbing Taps: $1,380.00 awarded to landlord; Rubbish Removal: $920.00 awarded to landlord; Water Rates: $457.97 awarded to landlord

What type of tenancy dispute was case 4562429?

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

Where can I read the official tribunal order for case 4562429?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/9264472-Tenancy_Tribunal_Order.pdf.

What was the outcome of Tenancy Tribunal case 4562429?

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

How much money was awarded in case 4562429?

Cleaning: $460.00 awarded to landlord; Filing Fee: $20.44 awarded to landlord; Property Damage: $1,150.00 awarded to landlord; Property Damage: $2,645.00 awarded to landlord; Property Damage: $1,150.00 awarded to landlord; Rent Arrears: $4,024.48 awarded to landlord; Plaster And Painting: $4,600.00 awarded to landlord; Plumbing Taps: $1,380.00 awarded to landlord; Rubbish Removal: $920.00 awarded to landlord; Water Rates: $457.97 awarded to landlord

What type of tenancy dispute was case 4562429?

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

Where can I read the official tribunal order for case 4562429?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/9264472-Tenancy_Tribunal_Order.pdf.

87 Oranga Avenue, Onehunga, Auckland 1061 Tenancy Tribunal Case 4562429 — Property damage

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87 Oranga Avenue, Onehunga, Auckland 1061 Tenancy Tribunal Case 4562429 — 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 4562429 — net $16,807.89 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears to 9 March 2023	$4,024.48	2. The landlord has applied for rent arrears, water rates arrears, compensation, and reimbursement of the filing fee following the end of the tenancy.
Water rates	$457.97	Water rates
Rubbish removal	$920.00	Rubbish removal
Carpet replacement	$1,150.00	Carpet replacement
Replacement Hot water cylinder	$2,645.00	Replacement Hot water cylinder
Repair wall holes	$1,150.00	Repair wall holes
Repairs: Plaster and painting	$4,600.00	Repairs: Plaster and painting
Repairs: Plumbing taps	$1,380.00	Repairs: Plumbing taps
Cleaning	$460.00	Cleaning
Filing fee reimbursement	$20.44	Filing fee reimbursement
Net award	$16,807.89
Total payable by Tenant to Landlord	$16,807.89

Claims and awards for application 4562429 — net $16,807.89 NZD. Verify on MoJ.

Rent arrears to 9 March 2023

Amount: $4,024.48
Awarded to: Landlord
Reason: 2. The landlord has applied for rent arrears, water rates arrears, compensation, and reimbursement of the filing fee following the end of the tenancy.

Water rates

Amount: $457.97
Awarded to: Landlord
Reason: Water rates

Rubbish removal

Amount: $920.00
Awarded to: Landlord
Reason: Rubbish removal

Carpet replacement

Amount: $1,150.00
Awarded to: Landlord
Reason: Carpet replacement

Replacement Hot water cylinder

Amount: $2,645.00
Awarded to: Landlord
Reason: Replacement Hot water cylinder

Claim types — money lines allowed on this order

Cleanliness Filing Fee Property damage Rent arrears Rubbish Removal Water Rates

Order

No application for suppression has been made in this case and no suppression orders apply around publication of this decision.
Alistair Murray Arlidge and Krystle Kelly Fleming Arlidge must pay Ihome Property Management Limited As Agent For Yu Li $16,807.89 immediately, calculated as shown in table below.

Reasons

The Landlord attended the hearing. The Tenants did not appear.
The landlord has applied for rent arrears, water rates arrears, compensation, and reimbursement of the filing fee following the end of the tenancy.

How much is owed for rent and water rates arrears?

The tenancy ended on 9 March 2023. The landlord provided rent records and water rates invoices which prove the amount owing at 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 provided an ingoing inspection report, photographs of the property when the Tenants vacated and an invoice for the cleaning and rubbish removal.
There was a substantial amount of rubbish left behind in the house, sunroom and garage which included broken furniture, multiple bags of clothing, linen, a fridge, mattresses, a trampoline and outdoor table. There was also broken furniture lined up against the outside fence.
Once the rubbish was cleared, the Landlord had to clean the property. This took over three hours and an invoice was provided.
The following chattels were missing at the end of the tenancy: Hotwater cylinder. An invoice for the replacement was provided.
The amounts ordered 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. 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: Damage to bathroom and kitchen taps, holes in the walls, splattered paint and scribbles on the walls, ripped wallpaper and paint splattered carpet. An ingoing inspection report was provided to show this damage occurred during the tenancy. The Landlord submitted the property was renovated just before the Tenants moved in.
Damage to taps: The kitchen and bathroom taps were removed. An invoice was provided for the labour and costs to install new taps.
Damage to walls: There were multiple holes in the walls in the kitchen, living room area, bedroom and hallway. Most of these were large holes which appeared as if they had been kicked in. The hole in the bedroom appeared as if it had been carved out. In the living room, one wall had the wallpaper stripped off. The hot water cupboard frame was also damaged when the hot water cylinder was removed. A carpenter was required to fix the holes and cupboard. An invoice was provided to substantiate the costs.
Drawings and paint on the walls: There were substantial amounts of blue, black and gray paint splattered across the walls, carpet, and ceilings in the hallway, master bedroom and living room. An open can of paint was seen in the photographs provided by the landlord. The walls required plastering and painting and an invoice was provided for the repairs.
Damage to the carpet: There was paint splattered across the carpet which could not be removed in the master bedroom carpet so it had to be replaced. Photographs of the bedroom carpet and an invoice was provided.
The damage is more than fair wear and tear, and the tenant has not disproved liability for the damage.
The amounts ordered are proved.
As Ihome Property Management Limited As Agent For Yu Li has wholly succeeded with the claim the Tenant must reimburse the filing fee.

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 4562429 — net $16,807.89 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears to 9 March 2023	$4,024.48	2. The landlord has applied for rent arrears, water rates arrears, compensation, and reimbursement of the filing fee following the end of the tenancy.
Water rates	$457.97	Water rates
Rubbish removal	$920.00	Rubbish removal
Carpet replacement	$1,150.00	Carpet replacement
Replacement Hot water cylinder	$2,645.00	Replacement Hot water cylinder
Repair wall holes	$1,150.00	Repair wall holes
Repairs: Plaster and painting	$4,600.00	Repairs: Plaster and painting
Repairs: Plumbing taps	$1,380.00	Repairs: Plumbing taps
Cleaning	$460.00	Cleaning
Filing fee reimbursement	$20.44	Filing fee reimbursement
Net award	$16,807.89
Total payable by Tenant to Landlord	$16,807.89

Claims and awards for application 4562429 — net $16,807.89 NZD. Verify on MoJ.

Rent arrears to 9 March 2023

Amount: $4,024.48
Awarded to: Landlord
Reason: 2. The landlord has applied for rent arrears, water rates arrears, compensation, and reimbursement of the filing fee following the end of the tenancy.

Water rates

Amount: $457.97
Awarded to: Landlord
Reason: Water rates

Rubbish removal

Amount: $920.00
Awarded to: Landlord
Reason: Rubbish removal

Carpet replacement

Amount: $1,150.00
Awarded to: Landlord
Reason: Carpet replacement

Replacement Hot water cylinder

Amount: $2,645.00
Awarded to: Landlord
Reason: Replacement Hot water cylinder

Claim types — money lines allowed on this order

Cleanliness Filing Fee Property damage Rent arrears Rubbish Removal Water Rates

Order

No application for suppression has been made in this case and no suppression orders apply around publication of this decision.
Alistair Murray Arlidge and Krystle Kelly Fleming Arlidge must pay Ihome Property Management Limited As Agent For Yu Li $16,807.89 immediately, calculated as shown in table below.

Reasons

The Landlord attended the hearing. The Tenants did not appear.
The landlord has applied for rent arrears, water rates arrears, compensation, and reimbursement of the filing fee following the end of the tenancy.

How much is owed for rent and water rates arrears?

The tenancy ended on 9 March 2023. The landlord provided rent records and water rates invoices which prove the amount owing at 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 provided an ingoing inspection report, photographs of the property when the Tenants vacated and an invoice for the cleaning and rubbish removal.
There was a substantial amount of rubbish left behind in the house, sunroom and garage which included broken furniture, multiple bags of clothing, linen, a fridge, mattresses, a trampoline and outdoor table. There was also broken furniture lined up against the outside fence.
Once the rubbish was cleared, the Landlord had to clean the property. This took over three hours and an invoice was provided.
The following chattels were missing at the end of the tenancy: Hotwater cylinder. An invoice for the replacement was provided.
The amounts ordered 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. 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: Damage to bathroom and kitchen taps, holes in the walls, splattered paint and scribbles on the walls, ripped wallpaper and paint splattered carpet. An ingoing inspection report was provided to show this damage occurred during the tenancy. The Landlord submitted the property was renovated just before the Tenants moved in.
Damage to taps: The kitchen and bathroom taps were removed. An invoice was provided for the labour and costs to install new taps.
Damage to walls: There were multiple holes in the walls in the kitchen, living room area, bedroom and hallway. Most of these were large holes which appeared as if they had been kicked in. The hole in the bedroom appeared as if it had been carved out. In the living room, one wall had the wallpaper stripped off. The hot water cupboard frame was also damaged when the hot water cylinder was removed. A carpenter was required to fix the holes and cupboard. An invoice was provided to substantiate the costs.
Drawings and paint on the walls: There were substantial amounts of blue, black and gray paint splattered across the walls, carpet, and ceilings in the hallway, master bedroom and living room. An open can of paint was seen in the photographs provided by the landlord. The walls required plastering and painting and an invoice was provided for the repairs.
Damage to the carpet: There was paint splattered across the carpet which could not be removed in the master bedroom carpet so it had to be replaced. Photographs of the bedroom carpet and an invoice was provided.
The damage is more than fair wear and tear, and the tenant has not disproved liability for the damage.
The amounts ordered are proved.
As Ihome Property Management Limited As Agent For Yu Li has wholly succeeded with the claim the Tenant must reimburse the filing fee.

Tenancy Tribunal case 4562429 — Property damage at 87 Oranga Avenue, Onehunga, Auckland 1061

At a glance

Tenancy Tribunal case 4562429 — Property damage at 87 Oranga Avenue, Onehunga, Auckland 1061

At a glance

Award balance

Claims & awards

Order

Reasons

How much is owed for rent and water rates arrears?

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 and water rates arrears?

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