What was the outcome of Tenancy Tribunal case 4621869?

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

How much money was awarded in case 4621869?

Filing Fee: $20.44 awarded to landlord; Lawns and Garden Work: $180.97 awarded to landlord; Wall And Repaint: $460.00 awarded to landlord

What type of tenancy dispute was case 4621869?

The primary dispute was Property damage.

Where can I read the official tribunal order for case 4621869?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/9367724-Tenancy_Tribunal_Order.pdf.

What was the outcome of Tenancy Tribunal case 4621869?

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

How much money was awarded in case 4621869?

Filing Fee: $20.44 awarded to landlord; Lawns and Garden Work: $180.97 awarded to landlord; Wall And Repaint: $460.00 awarded to landlord

What type of tenancy dispute was case 4621869?

The primary dispute was Property damage.

Where can I read the official tribunal order for case 4621869?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/9367724-Tenancy_Tribunal_Order.pdf.

46 Campbell Road, Onehunga, Auckland 1061 Tenancy Tribunal Case 4621869 — Property damage

Tenantcheck Insights

Loading insights…

Pulling tribunal records

Loading insights…

Pulling tribunal records

46 Campbell Road, Onehunga, Auckland 1061 Tenancy Tribunal Case 4621869 — 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 4621869 — net $661.41 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Lawns and Garden work	$180.97	Lawns and Garden work
Repairs: Wall and repaint	$460.00	Repairs: Wall and repaint
Filing fee reimbursement	$20.44	Filing fee reimbursement
Net award	$661.41
Total payable by Tenant to Landlord	$661.41

Claims and awards for application 4621869 — net $661.41 NZD. Verify on MoJ.

Lawns and Garden work

Amount: $180.97
Awarded to: Landlord
Reason: Lawns and Garden work

Repairs: Wall and repaint

Amount: $460.00
Awarded to: Landlord
Reason: Repairs: Wall and repaint

Filing fee reimbursement

Amount: $20.44
Awarded to: Landlord
Reason: Filing fee reimbursement

Net award

Landlord $661.41

Total payable by Tenant to Landlord

Landlord $661.41

Claim types — money lines allowed on this order

Filing Fee Lawns And Garden Work Property damage

Order

No application for suppression has been made in this case and no suppression orders apply around publication of this decision.
Jayde Hall must pay Ease Property Management Limited as Agent For John Rasmussen $661.41 immediately, calculated as shown in table below.

Reasons

The landlord attended the hearing, the respondent did not.
The landlord has applied for compensation, and reimbursement of the filing fee following 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 tenant did not leave the garden or lawns reasonably tidy.
The amount ordered is 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.
During the tenancy damage was caused to one of the interior walls. The damage is more than fair wear and tear, and the tenant has not disproved liability for the damage.
The amount ordered is 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.
Because the applicant has wholly succeeded in their claim I 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 4621869 — net $661.41 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Lawns and Garden work	$180.97	Lawns and Garden work
Repairs: Wall and repaint	$460.00	Repairs: Wall and repaint
Filing fee reimbursement	$20.44	Filing fee reimbursement
Net award	$661.41
Total payable by Tenant to Landlord	$661.41

Claims and awards for application 4621869 — net $661.41 NZD. Verify on MoJ.

Lawns and Garden work

Amount: $180.97
Awarded to: Landlord
Reason: Lawns and Garden work

Repairs: Wall and repaint

Amount: $460.00
Awarded to: Landlord
Reason: Repairs: Wall and repaint

Filing fee reimbursement

Amount: $20.44
Awarded to: Landlord
Reason: Filing fee reimbursement

Net award

Landlord $661.41

Total payable by Tenant to Landlord

Landlord $661.41

Claim types — money lines allowed on this order

Filing Fee Lawns And Garden Work Property damage

Order

No application for suppression has been made in this case and no suppression orders apply around publication of this decision.
Jayde Hall must pay Ease Property Management Limited as Agent For John Rasmussen $661.41 immediately, calculated as shown in table below.

Reasons

The landlord attended the hearing, the respondent did not.
The landlord has applied for compensation, and reimbursement of the filing fee following 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 tenant did not leave the garden or lawns reasonably tidy.
The amount ordered is 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.
During the tenancy damage was caused to one of the interior walls. The damage is more than fair wear and tear, and the tenant has not disproved liability for the damage.
The amount ordered is 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.
Because the applicant has wholly succeeded in their claim I must reimburse the filing fee.

Tenancy Tribunal case 4621869 — Property damage at 46 Campbell Road, Onehunga, Auckland 1061

At a glance

Tenancy Tribunal case 4621869 — Property damage at 46 Campbell Road, Onehunga, Auckland 1061

At a glance

Award balance

Claims & awards

Order

Reasons

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

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