What was the outcome of Tenancy Tribunal case 4578550?

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

How much money was awarded in case 4578550?

Cleaning: $575.00 awarded to landlord; Filing Fee: $20.44 awarded to landlord; Lawns and Garden Work: $230.00 awarded to landlord; Property Damage: $241.50 awarded to landlord; Property Damage: $6,900.00 awarded to landlord; Rent Arrears: $620.00 awarded to landlord; Internal Locks: $345.00 awarded to landlord; Rubbish Removal: $2,760.00 awarded to landlord; Water Rates: $334.52 awarded to landlord

What type of tenancy dispute was case 4578550?

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

Where can I read the official tribunal order for case 4578550?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/9903203-Tenancy_Tribunal_Order.pdf.

What was the outcome of Tenancy Tribunal case 4578550?

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

How much money was awarded in case 4578550?

Cleaning: $575.00 awarded to landlord; Filing Fee: $20.44 awarded to landlord; Lawns and Garden Work: $230.00 awarded to landlord; Property Damage: $241.50 awarded to landlord; Property Damage: $6,900.00 awarded to landlord; Rent Arrears: $620.00 awarded to landlord; Internal Locks: $345.00 awarded to landlord; Rubbish Removal: $2,760.00 awarded to landlord; Water Rates: $334.52 awarded to landlord

What type of tenancy dispute was case 4578550?

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

Where can I read the official tribunal order for case 4578550?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/9903203-Tenancy_Tribunal_Order.pdf.

182 Hutchinson Avenue, New Lynn, Auckland 0600 Tenancy Tribunal Case 4578550 — Property damage

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182 Hutchinson Avenue, New Lynn, Auckland 0600 Tenancy Tribunal Case 4578550 — 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 4578550 — net $12,026.46 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears (13/04/2023 to 19/04/2023	$620.00	4. I order the tenant to pay the landlord $620.00 for rent arrears and $334.52 for water rates arrears.
Water rates	$334.52	Water rates
Cleaning	$575.00	Cleaning
Rubbish removal	$2,760.00	Rubbish removal
Lock/key replacement	$241.50	Lock/key replacement
Lawns and Garden work	$230.00	Lawns and Garden work
Repairs	$6,900.00	Repairs
Repairs: Internal locks	$345.00	Repairs: Internal locks
Filing fee reimbursement	$20.44	Filing fee reimbursement
Net award	$12,026.46
Total payable by Tenant to Landlord	$12,026.46

Claims and awards for application 4578550 — net $12,026.46 NZD. Verify on MoJ.

Rent arrears (13/04/2023 to 19/04/2023

Amount: $620.00
Awarded to: Landlord
Reason: 4. I order the tenant to pay the landlord $620.00 for rent arrears and $334.52 for water rates arrears.

Water rates

Amount: $334.52
Awarded to: Landlord
Reason: Water rates

Cleaning

Amount: $575.00
Awarded to: Landlord
Reason: Cleaning

Rubbish removal

Amount: $2,760.00
Awarded to: Landlord
Reason: Rubbish removal

Lock/key replacement

Amount: $241.50
Awarded to: Landlord
Reason: Lock/key replacement

Claim types — money lines allowed on this order

Cleanliness Filing Fee Lawns And Garden Work 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.
Nakoia Saifiti must pay Ihome Property Management Limited Acting Agent For City Plus International Ltd $12,026.46 immediately, calculated as shown in table below.

Reasons

The landlord attended the hearing. The tenant did not.
The landlord has applied for rent arrears, compensation, and reimbursement of the filing fee following the end of the tenancy.

How much is owed for rent and water rates?

The tenancy ended on 19 th April 2023. The landlord provided rent records and water rates invoices which prove the amount owing at the end of the tenancy.
I order the tenant to pay the landlord $620.00 for rent arrears and $334.52 for water rates 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) Residential Tenancies Act 1986 (“RTA”).
The tenant did not leave the premises reasonably clean and tidy, and did not remove all rubbish.
The garden was not left reasonably clean and tidy.
The tenant did not return the keys having been evicted from the premises.
Having seen the photos and invoices provided, I find that 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 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. 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. 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 landlord provided photos of the premises having been extensively damaged with holes, marks, broken glass and broken locks.
The damage is more than fair wear and tear, and the tenant has not disproved liability for the damage.
The amounts ordered are proved. Filing fee reimbursement
Because the landlord has wholly succeeded with the application, 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 4578550 — net $12,026.46 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears (13/04/2023 to 19/04/2023	$620.00	4. I order the tenant to pay the landlord $620.00 for rent arrears and $334.52 for water rates arrears.
Water rates	$334.52	Water rates
Cleaning	$575.00	Cleaning
Rubbish removal	$2,760.00	Rubbish removal
Lock/key replacement	$241.50	Lock/key replacement
Lawns and Garden work	$230.00	Lawns and Garden work
Repairs	$6,900.00	Repairs
Repairs: Internal locks	$345.00	Repairs: Internal locks
Filing fee reimbursement	$20.44	Filing fee reimbursement
Net award	$12,026.46
Total payable by Tenant to Landlord	$12,026.46

Claims and awards for application 4578550 — net $12,026.46 NZD. Verify on MoJ.

Rent arrears (13/04/2023 to 19/04/2023

Amount: $620.00
Awarded to: Landlord
Reason: 4. I order the tenant to pay the landlord $620.00 for rent arrears and $334.52 for water rates arrears.

Water rates

Amount: $334.52
Awarded to: Landlord
Reason: Water rates

Cleaning

Amount: $575.00
Awarded to: Landlord
Reason: Cleaning

Rubbish removal

Amount: $2,760.00
Awarded to: Landlord
Reason: Rubbish removal

Lock/key replacement

Amount: $241.50
Awarded to: Landlord
Reason: Lock/key replacement

Claim types — money lines allowed on this order

Cleanliness Filing Fee Lawns And Garden Work 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.
Nakoia Saifiti must pay Ihome Property Management Limited Acting Agent For City Plus International Ltd $12,026.46 immediately, calculated as shown in table below.

Reasons

The landlord attended the hearing. The tenant did not.
The landlord has applied for rent arrears, compensation, and reimbursement of the filing fee following the end of the tenancy.

How much is owed for rent and water rates?

The tenancy ended on 19 th April 2023. The landlord provided rent records and water rates invoices which prove the amount owing at the end of the tenancy.
I order the tenant to pay the landlord $620.00 for rent arrears and $334.52 for water rates 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) Residential Tenancies Act 1986 (“RTA”).
The tenant did not leave the premises reasonably clean and tidy, and did not remove all rubbish.
The garden was not left reasonably clean and tidy.
The tenant did not return the keys having been evicted from the premises.
Having seen the photos and invoices provided, I find that 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 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. 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. 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 landlord provided photos of the premises having been extensively damaged with holes, marks, broken glass and broken locks.
The damage is more than fair wear and tear, and the tenant has not disproved liability for the damage.
The amounts ordered are proved. Filing fee reimbursement
Because the landlord has wholly succeeded with the application, the tenant must reimburse the filing fee.

Tenancy Tribunal case 4578550 — Property damage at 182 Hutchinson Avenue, New Lynn, Auckland 0600

At a glance

Tenancy Tribunal case 4578550 — Property damage at 182 Hutchinson Avenue, New Lynn, Auckland 0600

At a glance

Award balance

Claims & awards

Order

Reasons

How much is owed for rent and 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 rent and 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