What was the outcome of Tenancy Tribunal case 4563026?

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

How much money was awarded in case 4563026?

Cleaning: $247.55 awarded to landlord; Filing Fee: $20.44 awarded to landlord; Property Damage: $442.75 awarded to landlord; Rubbish Removal: $166.75 awarded to landlord; Water Rates: $60.43 awarded to landlord; Water Rates: $25.44 awarded to landlord

What type of tenancy dispute was case 4563026?

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

Where can I read the official tribunal order for case 4563026?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/9278683-Tenancy_Tribunal_Order.pdf.

What was the outcome of Tenancy Tribunal case 4563026?

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

How much money was awarded in case 4563026?

Cleaning: $247.55 awarded to landlord; Filing Fee: $20.44 awarded to landlord; Property Damage: $442.75 awarded to landlord; Rubbish Removal: $166.75 awarded to landlord; Water Rates: $60.43 awarded to landlord; Water Rates: $25.44 awarded to landlord

What type of tenancy dispute was case 4563026?

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

Where can I read the official tribunal order for case 4563026?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/9278683-Tenancy_Tribunal_Order.pdf.

Unit/Flat Flat 3, 17 Monterey Avenue, Otahuhu, Auckland Tenancy Tribunal Case 4563026 — Property damage

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Unit/Flat Flat 3, 17 Monterey Avenue, Otahuhu, Auckland Tenancy Tribunal Case 4563026 — 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 4563026 — net $963.36 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Water rates: Period from 25/01/23 to 20/02/23	$25.44	Water rates: Period from 25/01/23 to 20/02/23
Water rates: Period from 24/03/23 to 20/04/23	$60.43	Water rates: Period from 24/03/23 to 20/04/23
Repairs to damaged walls - lounge, hallway, bedroom	$442.75	Repairs to damaged walls - lounge, hallway, bedroom
Rubbish removal	$166.75	Rubbish removal
Carpet cleaning	$247.55	Carpet cleaning
Filing fee reimbursement	$20.44	Filing fee reimbursement
Net award	$963.36
Total payable by Tenant to Landlord	$963.36

Claims and awards for application 4563026 — net $963.36 NZD. Verify on MoJ.

Water rates: Period from 25/01/23 to 20/02/23

Amount: $25.44
Awarded to: Landlord
Reason: Water rates: Period from 25/01/23 to 20/02/23

Water rates: Period from 24/03/23 to 20/04/23

Amount: $60.43
Awarded to: Landlord
Reason: Water rates: Period from 24/03/23 to 20/04/23

Repairs to damaged walls - lounge, hallway, bedroom

Amount: $442.75
Awarded to: Landlord
Reason: Repairs to damaged walls - lounge, hallway, bedroom

Rubbish removal

Amount: $166.75
Awarded to: Landlord
Reason: Rubbish removal

Carpet cleaning

Amount: $247.55
Awarded to: Landlord
Reason

Claim types — money lines allowed on this order

Carpet Cleaning Filing Fee Property damage 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.
Marianne Faletau, Tony Lotam and Florenze Faletau must pay Oracle Property Management Limited - As Agent For Avisha Ltd $963.36 immediately, calculated as shown in the table below.

Reasons

The agent for the landlord attended the hearing. The tenants did not attend. The absence of a party does not prevent the hearing from proceeding.
The landlord has applied for rent arrears, water rates, compensation, and reimbursement of the filing fee following the end of the tenancy.

How much is owed for water rates?

The tenancy ended on 14 May 2023. The landlord provided water rates invoices which prove the amounts 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 landlord has proved with evidence that the tenant did not leave the premises reasonably clean and tidy, and did not remove all rubbish.
The landlord produced entry and exit property inspection reports, photographs and invoices for the costs claimed.
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: there was damage to the walls in the lounge, hallway and bedroom. The damage is more than fair wear and tear, and the tenant has not disproved liability for the damage.
The amounts ordered are proved.
I have taken into account betterment and depreciation. The landlord should be returned to the position they would have been in had the tenant not breached their obligations, and should not be better or worse off. In calculating depreciation, I have taken into account the age and condition of the items at the start of the tenancy and their likely useful lifespan. I do not consider depreciation applies here, as the paintwork was new at the start of the tenancy.
As the landlord has wholly succeeded with the claim, I must order the other party to 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 4563026 — net $963.36 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Water rates: Period from 25/01/23 to 20/02/23	$25.44	Water rates: Period from 25/01/23 to 20/02/23
Water rates: Period from 24/03/23 to 20/04/23	$60.43	Water rates: Period from 24/03/23 to 20/04/23
Repairs to damaged walls - lounge, hallway, bedroom	$442.75	Repairs to damaged walls - lounge, hallway, bedroom
Rubbish removal	$166.75	Rubbish removal
Carpet cleaning	$247.55	Carpet cleaning
Filing fee reimbursement	$20.44	Filing fee reimbursement
Net award	$963.36
Total payable by Tenant to Landlord	$963.36

Claims and awards for application 4563026 — net $963.36 NZD. Verify on MoJ.

Water rates: Period from 25/01/23 to 20/02/23

Amount: $25.44
Awarded to: Landlord
Reason: Water rates: Period from 25/01/23 to 20/02/23

Water rates: Period from 24/03/23 to 20/04/23

Amount: $60.43
Awarded to: Landlord
Reason: Water rates: Period from 24/03/23 to 20/04/23

Repairs to damaged walls - lounge, hallway, bedroom

Amount: $442.75
Awarded to: Landlord
Reason: Repairs to damaged walls - lounge, hallway, bedroom

Rubbish removal

Amount: $166.75
Awarded to: Landlord
Reason: Rubbish removal

Carpet cleaning

Amount: $247.55
Awarded to: Landlord
Reason

Claim types — money lines allowed on this order

Carpet Cleaning Filing Fee Property damage 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.
Marianne Faletau, Tony Lotam and Florenze Faletau must pay Oracle Property Management Limited - As Agent For Avisha Ltd $963.36 immediately, calculated as shown in the table below.

Reasons

The agent for the landlord attended the hearing. The tenants did not attend. The absence of a party does not prevent the hearing from proceeding.
The landlord has applied for rent arrears, water rates, compensation, and reimbursement of the filing fee following the end of the tenancy.

How much is owed for water rates?

The tenancy ended on 14 May 2023. The landlord provided water rates invoices which prove the amounts 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 landlord has proved with evidence that the tenant did not leave the premises reasonably clean and tidy, and did not remove all rubbish.
The landlord produced entry and exit property inspection reports, photographs and invoices for the costs claimed.
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: there was damage to the walls in the lounge, hallway and bedroom. The damage is more than fair wear and tear, and the tenant has not disproved liability for the damage.
The amounts ordered are proved.
I have taken into account betterment and depreciation. The landlord should be returned to the position they would have been in had the tenant not breached their obligations, and should not be better or worse off. In calculating depreciation, I have taken into account the age and condition of the items at the start of the tenancy and their likely useful lifespan. I do not consider depreciation applies here, as the paintwork was new at the start of the tenancy.
As the landlord has wholly succeeded with the claim, I must order the other party to reimburse the filing fee.

Tenancy Tribunal case 4563026 — Property damage at Unit/Flat Flat 3, 17 Monterey Avenue, Otahuhu, Auckland

At a glance

Tenancy Tribunal case 4563026 — Property damage at Unit/Flat Flat 3, 17 Monterey Avenue, Otahuhu, Auckland

At a glance

Award balance

Claims & awards

Order

Reasons

How much is owed for water rates?

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 water rates?

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