What was the outcome of Tenancy Tribunal case 4603649?

The tribunal order states: Angel Moses must pay The Rent Shop Limited as agent for Gerrie Cashmore

How much money was awarded in case 4603649?

Filing Fee: $20.44 awarded to landlord; Lightbulbs: $92.00 awarded to landlord; Property Damage: $471.50 awarded to landlord; Property Damage: $207.00 awarded to landlord; Property Damage: $1,000.00 awarded to landlord; Rent Credit: $82.86 awarded to tenant; Replacing Curtains: $60.00 awarded to landlord; Replacing Internal Door Handles: $437.00 awarded to landlord; Rubbish Removal: $207.00 awarded to landlord; Water Rates: $919.03 awarded to landlord

What type of tenancy dispute was case 4603649?

The primary dispute was Property damage.

Where can I read the official tribunal order for case 4603649?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/9533998-Tenancy_Tribunal_Order.pdf.

What was the outcome of Tenancy Tribunal case 4603649?

The tribunal order states: Angel Moses must pay The Rent Shop Limited as agent for Gerrie Cashmore

How much money was awarded in case 4603649?

Filing Fee: $20.44 awarded to landlord; Lightbulbs: $92.00 awarded to landlord; Property Damage: $471.50 awarded to landlord; Property Damage: $207.00 awarded to landlord; Property Damage: $1,000.00 awarded to landlord; Rent Credit: $82.86 awarded to tenant; Replacing Curtains: $60.00 awarded to landlord; Replacing Internal Door Handles: $437.00 awarded to landlord; Rubbish Removal: $207.00 awarded to landlord; Water Rates: $919.03 awarded to landlord

What type of tenancy dispute was case 4603649?

The primary dispute was Property damage.

Where can I read the official tribunal order for case 4603649?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/9533998-Tenancy_Tribunal_Order.pdf.

10 James Road, Manurewa, Auckland 2102 Tenancy Tribunal Case 4603649 — Property damage

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10 James Road, Manurewa, Auckland 2102 Tenancy Tribunal Case 4603649 — 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 4603649 — net $1,596.82 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Tenant	Reason
Water rates	$919.03		Water rates
Rubbish removal	$207.00		Rubbish removal
Lock/key replacement	$471.50		Lock/key replacement
Replacing curtains	$60.00		Replacing curtains
Electrical repairs	$207.00		Electrical repairs
Replacing internal door handles	$437.00		Replacing internal door handles
Replacing bath – insurance excess	$1,000.00		Replacing bath – insurance excess
Light bulb replacement cost	$92.00		Light bulb replacement cost
Filing fee reimbursement	$20.44		Filing fee reimbursement
Bond received		$1,734.29	Bond received
Rent credit		$82.86	Rent credit
Total award	$3,413.97	$1,817.15
Net award	$1,596.82
Total payable by Tenant to Landlord	$1,596.82

Claims and awards for application 4603649 — net $1,596.82 NZD. Verify on MoJ.

Water rates

Amount: $919.03
Awarded to: Landlord
Reason: Water rates

Rubbish removal

Amount: $207.00
Awarded to: Landlord
Reason: Rubbish removal

Lock/key replacement

Amount: $471.50
Awarded to: Landlord
Reason: Lock/key replacement

Replacing curtains

Amount: $60.00
Awarded to: Landlord
Reason: Replacing curtains

Electrical repairs

Amount: $207.00
Awarded to: Landlord
Reason: Electrical repairs

Claim types — money lines allowed on this order

Filing Fee Property damage Rubbish Removal Water Rates

Order

Angel Moses must pay The Rent Shop Limited as agent for Gerrie Cashmore $1,596.82 immediately, calculated as shown in table below.

Reasons

Danelle Kinnear attended the hearing for the landlord. The tenant did not attend.
The landlord has applied for water arrears, compensation for costs incurred, and reimbursement of the filing fee following the end of the tenancy.

How much is owed for water rates?

The tenancy ended on 26 April 2023. Ms Kinnear proved the amount the tenant owes for water.

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 Tenants must also replace standard light bulbs.
The tenant did not remove all rubbish and did not return the keys.
A set of curtains was missing at the end of the tenancy.
The landlord had to have a contractor replace six missing light bulbs.
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. 2
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). 3 1 Residential Tenancies Act (RTA), s 40(1)(e)(ii)-(v). 2 RTA, ss 40(2)(a), 41 and 49B. 3 RTA, s 49B(3)(a).
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. 4
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. 5
The landlord proved that damage occurred during the tenancy. A set of curtains was damaged by someone using a permanent marker, or similar, which required the landlord to replace the curtains. A power point and the DVS panel were pulled away from the wall, which required an electrician to repair them. Four internal door handles had been removed or broken off. The bath’s enamel was burnt through by some unknown mechanism, requiring the bath to be replaced.
The damage is more than fair wear and tear, and the tenant has not disproved liability for the damage.
The landlord was covered by their insurer for the damage to the bath, so the tenant is liable to pay only the landlord’s $1,000.00 excess.
The amounts ordered are proved. Filing fee
The Tribunal must order the tenant to reimburse the landlord for the cost of the filing fee because the landlord has wholly succeeded in their claim.

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 4603649 — net $1,596.82 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Tenant	Reason
Water rates	$919.03		Water rates
Rubbish removal	$207.00		Rubbish removal
Lock/key replacement	$471.50		Lock/key replacement
Replacing curtains	$60.00		Replacing curtains
Electrical repairs	$207.00		Electrical repairs
Replacing internal door handles	$437.00		Replacing internal door handles
Replacing bath – insurance excess	$1,000.00		Replacing bath – insurance excess
Light bulb replacement cost	$92.00		Light bulb replacement cost
Filing fee reimbursement	$20.44		Filing fee reimbursement
Bond received		$1,734.29	Bond received
Rent credit		$82.86	Rent credit
Total award	$3,413.97	$1,817.15
Net award	$1,596.82
Total payable by Tenant to Landlord	$1,596.82

Claims and awards for application 4603649 — net $1,596.82 NZD. Verify on MoJ.

Water rates

Amount: $919.03
Awarded to: Landlord
Reason: Water rates

Rubbish removal

Amount: $207.00
Awarded to: Landlord
Reason: Rubbish removal

Lock/key replacement

Amount: $471.50
Awarded to: Landlord
Reason: Lock/key replacement

Replacing curtains

Amount: $60.00
Awarded to: Landlord
Reason: Replacing curtains

Electrical repairs

Amount: $207.00
Awarded to: Landlord
Reason: Electrical repairs

Claim types — money lines allowed on this order

Filing Fee Property damage Rubbish Removal Water Rates

Order

Angel Moses must pay The Rent Shop Limited as agent for Gerrie Cashmore $1,596.82 immediately, calculated as shown in table below.

Reasons

Danelle Kinnear attended the hearing for the landlord. The tenant did not attend.
The landlord has applied for water arrears, compensation for costs incurred, and reimbursement of the filing fee following the end of the tenancy.

How much is owed for water rates?

The tenancy ended on 26 April 2023. Ms Kinnear proved the amount the tenant owes for water.

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 Tenants must also replace standard light bulbs.
The tenant did not remove all rubbish and did not return the keys.
A set of curtains was missing at the end of the tenancy.
The landlord had to have a contractor replace six missing light bulbs.
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. 2
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). 3 1 Residential Tenancies Act (RTA), s 40(1)(e)(ii)-(v). 2 RTA, ss 40(2)(a), 41 and 49B. 3 RTA, s 49B(3)(a).
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. 4
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. 5
The landlord proved that damage occurred during the tenancy. A set of curtains was damaged by someone using a permanent marker, or similar, which required the landlord to replace the curtains. A power point and the DVS panel were pulled away from the wall, which required an electrician to repair them. Four internal door handles had been removed or broken off. The bath’s enamel was burnt through by some unknown mechanism, requiring the bath to be replaced.
The damage is more than fair wear and tear, and the tenant has not disproved liability for the damage.
The landlord was covered by their insurer for the damage to the bath, so the tenant is liable to pay only the landlord’s $1,000.00 excess.
The amounts ordered are proved. Filing fee
The Tribunal must order the tenant to reimburse the landlord for the cost of the filing fee because the landlord has wholly succeeded in their claim.

Tenancy Tribunal case 4603649 — Property damage at 10 James Road, Manurewa, Auckland 2102

At a glance

Tenancy Tribunal case 4603649 — Property damage at 10 James Road, Manurewa, Auckland 2102

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