What was the outcome of Tenancy Tribunal case 4618189?

The tribunal order states: Leighton Pahiri must pay Lodge City Rentals Limited $1,670.40 immediately,

How much money was awarded in case 4618189?

Bedroom Door And Frame: $1,339.75 awarded to landlord; Cleaning: $575.00 awarded to landlord; Filing Fee: $20.44 awarded to landlord; Pest Control: $253.50 awarded to landlord; Property Damage: $575.00 awarded to landlord; Rent: $105.71 awarded to landlord; Toilet Seat: $281.00 awarded to landlord

What type of tenancy dispute was case 4618189?

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

Where can I read the official tribunal order for case 4618189?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/9560221-Tenancy_Tribunal_Order.pdf.

What was the outcome of Tenancy Tribunal case 4618189?

The tribunal order states: Leighton Pahiri must pay Lodge City Rentals Limited $1,670.40 immediately,

How much money was awarded in case 4618189?

Bedroom Door And Frame: $1,339.75 awarded to landlord; Cleaning: $575.00 awarded to landlord; Filing Fee: $20.44 awarded to landlord; Pest Control: $253.50 awarded to landlord; Property Damage: $575.00 awarded to landlord; Rent: $105.71 awarded to landlord; Toilet Seat: $281.00 awarded to landlord

What type of tenancy dispute was case 4618189?

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

Where can I read the official tribunal order for case 4618189?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/9560221-Tenancy_Tribunal_Order.pdf.

Unit/Flat 17D, 11 Ingram Street, Papakura, Papakura 2110 Tenancy Tribunal Case 4618189 — Property damage

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Unit/Flat 17D, 11 Ingram Street, Papakura, Papakura 2110 Tenancy Tribunal Case 4618189 — 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 4618189 — net $1,670.40 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Tenant	Reason
Rent to 17 May 2023	$105.71		Rent to 17 May 2023
Cleaning	$575.00		Cleaning
Bedroom door and frame	$1,339.75		Bedroom door and frame
Repairs to walls	$575.00		Repairs to walls
Pest control	$253.50		Pest control
Repairs: toilet seat	$281.00		Repairs: toilet seat
Filing fee reimbursement	$20.44		Filing fee reimbursement
Less bond (already refunded to landlord		$1,480.00	Less bond (already refunded to landlord
Total award	$3,150.40	$1,480.00
Net award	$1,670.40
Total payable by Tenant to Landlord	$1,670.40

Claims and awards for application 4618189 — net $1,670.40 NZD. Verify on MoJ.

Rent to 17 May 2023

Amount: $105.71
Awarded to: Landlord
Reason: Rent to 17 May 2023

Cleaning

Amount: $575.00
Awarded to: Landlord
Reason: Cleaning

Bedroom door and frame

Amount: $1,339.75
Awarded to: Landlord
Reason: Bedroom door and frame

Repairs to walls

Amount: $575.00
Awarded to: Landlord
Reason: Repairs to walls

Pest control

Amount: $253.50
Awarded to: Landlord
Reason: Pest control

Repairs: toilet seat

Claim types — money lines allowed on this order

Cleanliness Filing Fee Pest Control Property damage

Order

Leighton Pahiri must pay Lodge City Rentals Limited $1,670.40 immediately, calculated as shown in the table below.

Reasons

The landlord attended the hearing today.
The landlord has applied for rent arrears, compensation, refund of the bond, and reimbursement of the filing fee following the end of the tenancy.

How much is owed for rent?

The tenancy ended on 17 May 2023. The landlord provided rent records 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.
The tenant did not leave the premises reasonably clean and tidy. The cleaning invoice noted that the walls needed a lot of cleaning. There were black scuff marks on the walls. The carpet needed vacuuming and the inside of the microwave needed cleaning.
There were fleas at the property after the tenancy ended. There is some evidence the tenant had a dog. The landlord had to pay for pest control.

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.
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 4 weeks' rent. The insurance excess was $650.00 with a weekly rent of $370.00. Where the damage is careless and is not covered by the landlord's insurance, the tenant's liability is limited to 4 weeks' rent (or market rent).
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 (Guo v Korck [2019] NZHC 1541).
The front entry door was damaged during the tenancy. On 16 April 2023 the tenant’s daughter was trapped inside the studio apartment when the electronic lock stopped working. Before the out of hour’s tradesperson could arrive, the tenant kicked the door open to gain access. The tradesperson found the batteries were flat and when these were replaced the lock started working again.
While being locked out with their daughter inside would have been distressing for the tenant, the damage was caused intentionally. The door jamb had to be replaced together with a new door lock.
There was minor damage to the walls in several rooms, and the bedroom door had been damaged and plastered over but not painted. The cost of repair is less than the insurance excess. The damage is more than fair wear and tear, and the tenant has not disproved liability for the damage.
The toilet seat mounting was broken during the tenancy. The damage is more than fair wear and tear, and the tenant has not disproved liability for the damage. Filing fee
The landlord’s application has succeeded. The filing fee must be awarded.

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 4618189 — net $1,670.40 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Tenant	Reason
Rent to 17 May 2023	$105.71		Rent to 17 May 2023
Cleaning	$575.00		Cleaning
Bedroom door and frame	$1,339.75		Bedroom door and frame
Repairs to walls	$575.00		Repairs to walls
Pest control	$253.50		Pest control
Repairs: toilet seat	$281.00		Repairs: toilet seat
Filing fee reimbursement	$20.44		Filing fee reimbursement
Less bond (already refunded to landlord		$1,480.00	Less bond (already refunded to landlord
Total award	$3,150.40	$1,480.00
Net award	$1,670.40
Total payable by Tenant to Landlord	$1,670.40

Claims and awards for application 4618189 — net $1,670.40 NZD. Verify on MoJ.

Rent to 17 May 2023

Amount: $105.71
Awarded to: Landlord
Reason: Rent to 17 May 2023

Cleaning

Amount: $575.00
Awarded to: Landlord
Reason: Cleaning

Bedroom door and frame

Amount: $1,339.75
Awarded to: Landlord
Reason: Bedroom door and frame

Repairs to walls

Amount: $575.00
Awarded to: Landlord
Reason: Repairs to walls

Pest control

Amount: $253.50
Awarded to: Landlord
Reason: Pest control

Repairs: toilet seat

Claim types — money lines allowed on this order

Cleanliness Filing Fee Pest Control Property damage

Order

Leighton Pahiri must pay Lodge City Rentals Limited $1,670.40 immediately, calculated as shown in the table below.

Reasons

The landlord attended the hearing today.
The landlord has applied for rent arrears, compensation, refund of the bond, and reimbursement of the filing fee following the end of the tenancy.

How much is owed for rent?

The tenancy ended on 17 May 2023. The landlord provided rent records 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.
The tenant did not leave the premises reasonably clean and tidy. The cleaning invoice noted that the walls needed a lot of cleaning. There were black scuff marks on the walls. The carpet needed vacuuming and the inside of the microwave needed cleaning.
There were fleas at the property after the tenancy ended. There is some evidence the tenant had a dog. The landlord had to pay for pest control.

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.
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 4 weeks' rent. The insurance excess was $650.00 with a weekly rent of $370.00. Where the damage is careless and is not covered by the landlord's insurance, the tenant's liability is limited to 4 weeks' rent (or market rent).
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 (Guo v Korck [2019] NZHC 1541).
The front entry door was damaged during the tenancy. On 16 April 2023 the tenant’s daughter was trapped inside the studio apartment when the electronic lock stopped working. Before the out of hour’s tradesperson could arrive, the tenant kicked the door open to gain access. The tradesperson found the batteries were flat and when these were replaced the lock started working again.
While being locked out with their daughter inside would have been distressing for the tenant, the damage was caused intentionally. The door jamb had to be replaced together with a new door lock.
There was minor damage to the walls in several rooms, and the bedroom door had been damaged and plastered over but not painted. The cost of repair is less than the insurance excess. The damage is more than fair wear and tear, and the tenant has not disproved liability for the damage.
The toilet seat mounting was broken during the tenancy. The damage is more than fair wear and tear, and the tenant has not disproved liability for the damage. Filing fee
The landlord’s application has succeeded. The filing fee must be awarded.

Tenancy Tribunal case 4618189 — Property damage at Unit/Flat 17D, 11 Ingram Street, Papakura, Papakura 2110

At a glance

Tenancy Tribunal case 4618189 — Property damage at Unit/Flat 17D, 11 Ingram Street, Papakura, Papakura 2110

At a glance

Award balance

Claims & awards

Order

Reasons

How much is owed for rent?

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

Key findings

Property management

Frequently asked questions

Award balance

Claims & awards

Order

Reasons

How much is owed for rent?

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

Key findings

Property management

Frequently asked questions