What was the outcome of Tenancy Tribunal case 4608990?

The tribunal order states: The Bond Centre is to pay the bond of $1,460.00 (5366092-009) to El Amor

How much money was awarded in case 4608990?

Body Corp Breach Notice - Smoking: $109.25 awarded to landlord; Cleaning: $224.25 awarded to landlord; Cleaning: $345.00 awarded to landlord; Cleaning: $206.25 awarded to landlord; Contractor Cost For Temporary Front…: $209.88 awarded to landlord; Contractor Cost To Set Up TV Unit, E…: $211.60 awarded to landlord; Filing Fee: $20.44 awarded to landlord; Other: $626.21 awarded to tenant; Property Damage: $402.50 awarded to landlord; Property Damage: $161.46 awarded to landlord; Property Damage: $179.17 awarded to landlord; Property Damage: $498.35 awarded to landlord; Rent Arrears: $842.12 awarded to landlord; Replace Dining Chairs 75: $119.25 awarded to landlord; Replace Front Door: $1,042.94 awarded to landlord; Replace Sofa 75: $411.75 awarded to landlord; Replace TV 50: $224.50 awarded to landlord; Replace TV Cabinet - 75: $101.25 awarded to landlord; Replace Two Coffee Tables 75: $119.25 awarded to landlord; Water Rates: $332.36 awarded to landlord

What type of tenancy dispute was case 4608990?

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

Where can I read the official tribunal order for case 4608990?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/9522584-Tenancy_Tribunal_Order.pdf.

What was the outcome of Tenancy Tribunal case 4608990?

The tribunal order states: The Bond Centre is to pay the bond of $1,460.00 (5366092-009) to El Amor

How much money was awarded in case 4608990?

Body Corp Breach Notice - Smoking: $109.25 awarded to landlord; Cleaning: $224.25 awarded to landlord; Cleaning: $345.00 awarded to landlord; Cleaning: $206.25 awarded to landlord; Contractor Cost For Temporary Front…: $209.88 awarded to landlord; Contractor Cost To Set Up TV Unit, E…: $211.60 awarded to landlord; Filing Fee: $20.44 awarded to landlord; Other: $626.21 awarded to tenant; Property Damage: $402.50 awarded to landlord; Property Damage: $161.46 awarded to landlord; Property Damage: $179.17 awarded to landlord; Property Damage: $498.35 awarded to landlord; Rent Arrears: $842.12 awarded to landlord; Replace Dining Chairs 75: $119.25 awarded to landlord; Replace Front Door: $1,042.94 awarded to landlord; Replace Sofa 75: $411.75 awarded to landlord; Replace TV 50: $224.50 awarded to landlord; Replace TV Cabinet - 75: $101.25 awarded to landlord; Replace Two Coffee Tables 75: $119.25 awarded to landlord; Water Rates: $332.36 awarded to landlord

What type of tenancy dispute was case 4608990?

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

Where can I read the official tribunal order for case 4608990?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/9522584-Tenancy_Tribunal_Order.pdf.

Room 315, 149 Nelson Street, Auckland Central, Auckland Tenancy Tribunal Case 4608990 — Property damage

Claims and awards in Tenancy Tribunal application 4608990 — net $5,135.36 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Tenant	Reason
Rent arrears to 1 May 2023	$842.12		Rent arrears to 1 May 2023
Water rates	$332.36		Water rates
Cleaning	$345.00		Cleaning
Carpet Cleaning	$224.25		Carpet Cleaning
Lock/key replacement	$402.50		Lock/key replacement
Replace vacuum cleaner 75	$206.25		Replace vacuum cleaner 75
Replace two coffee tables 75	$119.25		Replace two coffee tables 75
Replace dining chairs 75	$119.25		Replace dining chairs 75
Replace sofa 75	$411.75		Replace sofa 75
Replace TV cabinet - 75	$101.25		Replace TV cabinet - 75
Replace TV 50	$224.50		Replace TV 50
Replace front door	$1,042.94		Replace front door
Contractor cost for temporary front door lock	$209.88		Contractor cost for temporary front door lock
Contractor cost to set up TV unit, electronics	$211.60		Contractor cost to set up TV unit, electronics
Contractor cost for ranch slider and other minor repairs	$161.46		Contractor cost for ranch slider and other minor repairs
Contractor cost for bulb replacement and lighting	$179.17		Contractor cost for bulb replacement and lighting
Window repairs	$498.35		Window repairs
Body Corp breach notice - smoking	$109.25		Body Corp breach notice - smoking
Filing fee reimbursement	$20.44		Filing fee reimbursement
Other		$626.21	Other
Total award	$5,761.57	$626.21
Net award	$5,135.36
Total payable by Tenant to Landlord	$5,135.36

Claims and awards in Tenancy Tribunal application 4608990 — net $5,135.36 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.

Claim

Landlord

Tenant

Reason

Rent arrears to 1 May 2023

$842.12

Rent arrears to 1 May 2023

Water rates

$332.36

Water rates

Cleaning

$345.00

Cleaning

Carpet Cleaning

$224.25

Carpet Cleaning

Lock/key replacement

$402.50

Lock/key replacement

Replace vacuum cleaner 75

$206.25

Replace vacuum cleaner 75

Replace two coffee tables 75

$119.25

Replace two coffee tables 75

Replace dining chairs 75

$119.25

Replace dining chairs 75

Replace sofa 75

$411.75

Replace sofa 75

Replace TV cabinet - 75

$101.25

Replace TV cabinet - 75

Replace TV 50

$224.50

Replace TV 50

Replace front door

$1,042.94

Replace front door

Contractor cost for temporary front door lock

$209.88

Contractor cost for temporary front door lock

Contractor cost to set up TV unit, electronics

$211.60

Contractor cost to set up TV unit, electronics

Contractor cost for ranch slider and other minor repairs

$161.46

Contractor cost for ranch slider and other minor repairs

Contractor cost for bulb replacement and lighting

$179.17

Contractor cost for bulb replacement and lighting

Window repairs

$498.35

Window repairs

Body Corp breach notice - smoking

$109.25

Body Corp breach notice - smoking

Filing fee reimbursement

$20.44

Filing fee reimbursement

Other

$626.21

Other

Total award

$5,761.57

$626.21

Net award

$5,135.36

Total payable by Tenant to Landlord

$5,135.36

Order

The Bond Centre is to pay the bond of $1,460.00 (5366092-009) to El Amor Limited T/A Quinovic Property Management as agent for Nicholas Anthony Bean immediately.

Hendrix Cherington must pay El Amor Limited T/A Quinovic Property Management as agent for Nicholas Anthony Bean $3,675.36 immediately, calculated as shown in table below.

Reasons

Adele Graham attended the hearing for El Amor Limited.

The tenant did not attend. The hearing proceeded in their absence.

The landlord applies for rent and water arrears, compensation, refund of the bond, 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 1 May 2023. The landlord provided rent and water records 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. 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. Orders are made for the cost of cleaning and carpet cleaning.

The tenant did not return the keys. The landlord had to pay a locksmith to replace the locks and keys.

The vacuum cleaner, two coffee tables, and the dining chairs were missing at the end of the tenancy.

The amounts ordered are proved. 1 . Residential Tenancies Act 1986 (RTA), s 40(1)(e)(ii)-(v).

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

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.

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.

During the tenancy the sofa arm was damaged, the television cabinet was destroyed and mostly missing, the television itself was broken, the front door was damaged by someone breaking in with a jemmy (a temporary lock had to be arranged for this while a replacement was arranged for), a window was broken, the balcony ranch slider frame was bent, one of the fridge’s shelves and two bins had to be replaced, a vanity cover had to be replaced.

The damage is more than fair wear and tear, and the tenant has not disproved liability for the damage.

The amounts ordered are proved.

Betterment and depreciation have been taken into account. 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. Body Corporate fee

The premises’ Body Corporate fined the landlord $109.25 for the tenant smoking in the premises.

The breach was the tenant’s and he should reimburse the tenant for the fine. 2 RTA, ss 40(2)(a), 41 and, 49B RTA. Tenant’s payments

Ms Graham confirms that the tenant has paid $626.21 towards the outstanding charges. Filing fee

Because the landlord has wholly succeeded with the claim the Tribunal must order the tenant to reimburse the filing fee. Bond

The Bond Centre is directed to pay the bond to the landlord.

Claims and awards in Tenancy Tribunal application 4608990 — net $5,135.36 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Tenant	Reason
Rent arrears to 1 May 2023	$842.12		Rent arrears to 1 May 2023
Water rates	$332.36		Water rates
Cleaning	$345.00		Cleaning
Carpet Cleaning	$224.25		Carpet Cleaning
Lock/key replacement	$402.50		Lock/key replacement
Replace vacuum cleaner 75	$206.25		Replace vacuum cleaner 75
Replace two coffee tables 75	$119.25		Replace two coffee tables 75
Replace dining chairs 75	$119.25		Replace dining chairs 75
Replace sofa 75	$411.75		Replace sofa 75
Replace TV cabinet - 75	$101.25		Replace TV cabinet - 75
Replace TV 50	$224.50		Replace TV 50
Replace front door	$1,042.94		Replace front door
Contractor cost for temporary front door lock	$209.88		Contractor cost for temporary front door lock
Contractor cost to set up TV unit, electronics	$211.60		Contractor cost to set up TV unit, electronics
Contractor cost for ranch slider and other minor repairs	$161.46		Contractor cost for ranch slider and other minor repairs
Contractor cost for bulb replacement and lighting	$179.17		Contractor cost for bulb replacement and lighting
Window repairs	$498.35		Window repairs
Body Corp breach notice - smoking	$109.25		Body Corp breach notice - smoking
Filing fee reimbursement	$20.44		Filing fee reimbursement
Other		$626.21	Other
Total award	$5,761.57	$626.21
Net award	$5,135.36
Total payable by Tenant to Landlord	$5,135.36

Claims and awards in Tenancy Tribunal application 4608990 — net $5,135.36 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.

Claim

Landlord

Tenant

Reason

Rent arrears to 1 May 2023

$842.12

Rent arrears to 1 May 2023

Water rates

$332.36

Water rates

Cleaning

$345.00

Cleaning

Carpet Cleaning

$224.25

Carpet Cleaning

Lock/key replacement

$402.50

Lock/key replacement

Replace vacuum cleaner 75

$206.25

Replace vacuum cleaner 75

Replace two coffee tables 75

$119.25

Replace two coffee tables 75

Replace dining chairs 75

$119.25

Replace dining chairs 75

Replace sofa 75

$411.75

Replace sofa 75

Replace TV cabinet - 75

$101.25

Replace TV cabinet - 75

Replace TV 50

$224.50

Replace TV 50

Replace front door

$1,042.94

Replace front door

Contractor cost for temporary front door lock

$209.88

Contractor cost for temporary front door lock

Contractor cost to set up TV unit, electronics

$211.60

Contractor cost to set up TV unit, electronics

Contractor cost for ranch slider and other minor repairs

$161.46

Contractor cost for ranch slider and other minor repairs

Contractor cost for bulb replacement and lighting

$179.17

Contractor cost for bulb replacement and lighting

Window repairs

$498.35

Window repairs

Body Corp breach notice - smoking

$109.25

Body Corp breach notice - smoking

Filing fee reimbursement

$20.44

Filing fee reimbursement

Other

$626.21

Other

Total award

$5,761.57

$626.21

Net award

$5,135.36

Total payable by Tenant to Landlord

$5,135.36

Order

The Bond Centre is to pay the bond of $1,460.00 (5366092-009) to El Amor Limited T/A Quinovic Property Management as agent for Nicholas Anthony Bean immediately.
Hendrix Cherington must pay El Amor Limited T/A Quinovic Property Management as agent for Nicholas Anthony Bean $3,675.36 immediately, calculated as shown in table below.

Reasons

Adele Graham attended the hearing for El Amor Limited.
The tenant did not attend. The hearing proceeded in their absence.
The landlord applies for rent and water arrears, compensation, refund of the bond, 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 1 May 2023. The landlord provided rent and water records 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. 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. Orders are made for the cost of cleaning and carpet cleaning.
The tenant did not return the keys. The landlord had to pay a locksmith to replace the locks and keys.
The vacuum cleaner, two coffee tables, and the dining chairs were missing at the end of the tenancy.
The amounts ordered are proved. 1 . Residential Tenancies Act 1986 (RTA), s 40(1)(e)(ii)-(v).

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
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.
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.
During the tenancy the sofa arm was damaged, the television cabinet was destroyed and mostly missing, the television itself was broken, the front door was damaged by someone breaking in with a jemmy (a temporary lock had to be arranged for this while a replacement was arranged for), a window was broken, the balcony ranch slider frame was bent, one of the fridge’s shelves and two bins had to be replaced, a vanity cover had to be replaced.
The damage is more than fair wear and tear, and the tenant has not disproved liability for the damage.
The amounts ordered are proved.
Betterment and depreciation have been taken into account. 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. Body Corporate fee
The premises’ Body Corporate fined the landlord $109.25 for the tenant smoking in the premises.
The breach was the tenant’s and he should reimburse the tenant for the fine. 2 RTA, ss 40(2)(a), 41 and, 49B RTA. Tenant’s payments
Ms Graham confirms that the tenant has paid $626.21 towards the outstanding charges. Filing fee
Because the landlord has wholly succeeded with the claim the Tribunal must order the tenant to reimburse the filing fee. Bond
The Bond Centre is directed to pay the bond to the landlord.

Tenancy Tribunal case 4608990 — Property damage at Room 315, 149 Nelson Street, Auckland Central, Auckland

At a glance

Tenancy Tribunal case 4608990 — Property damage at Room 315, 149 Nelson Street, Auckland Central, Auckland

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