What was the outcome of Tenancy Tribunal case 4632770?

The tribunal order states: Dallas Joseph Amaru Strickland-Ru and Rollin Grace must pay Obi Investments

How much money was awarded in case 4632770?

Cleaning: $425.00 awarded to landlord; Filing Fee: $20.44 awarded to landlord; Lightbulbs: $80.00 awarded to landlord; Property Damage: $170.00 awarded to landlord; Bathroom: $500.00 awarded to landlord; Kitchen Floor: $300.00 awarded to landlord; Walls And Garage: $1,000.00 awarded to landlord; Windows: $289.00 awarded to landlord; Replace Heat Pump Remote: $35.90 awarded to landlord; Rubbish Removal: $978.75 awarded to landlord

What type of tenancy dispute was case 4632770?

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

Where can I read the official tribunal order for case 4632770?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/9594766-Tenancy_Tribunal_Order.pdf.

What was the outcome of Tenancy Tribunal case 4632770?

The tribunal order states: Dallas Joseph Amaru Strickland-Ru and Rollin Grace must pay Obi Investments

How much money was awarded in case 4632770?

Cleaning: $425.00 awarded to landlord; Filing Fee: $20.44 awarded to landlord; Lightbulbs: $80.00 awarded to landlord; Property Damage: $170.00 awarded to landlord; Bathroom: $500.00 awarded to landlord; Kitchen Floor: $300.00 awarded to landlord; Walls And Garage: $1,000.00 awarded to landlord; Windows: $289.00 awarded to landlord; Replace Heat Pump Remote: $35.90 awarded to landlord; Rubbish Removal: $978.75 awarded to landlord

What type of tenancy dispute was case 4632770?

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

Where can I read the official tribunal order for case 4632770?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/9594766-Tenancy_Tribunal_Order.pdf.

3 Fisher Crescent, Otara, Auckland 2023 Tenancy Tribunal Case 4632770 — Property damage

Tenantcheck Insights

Loading insights…

Pulling tribunal records

Loading insights…

Pulling tribunal records

3 Fisher Crescent, Otara, Auckland 2023 Tenancy Tribunal Case 4632770 — 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 4632770 — net $1,599.09 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Lock/key replacement	$170.00	Lock/key replacement
Cleaning	$425.00	Cleaning
Repairs: windows	$289.00	Repairs: windows
Rubbish removal	$978.75	Rubbish removal
Repairs: bathroom	$500.00	Repairs: bathroom
Repairs: walls and garage	$1,000.00	Repairs: walls and garage
Repairs: kitchen floor	$300.00	Repairs: kitchen floor
Replace heat pump remote	$35.90	Replace heat pump remote
Light bulbs/batteries	$80.00	Light bulbs/batteries
Filing fee reimbursement	$20.44	Filing fee reimbursement
Net award	$1,599.09
Total payable by Tenant to Landlord	$1,599.09

Claims and awards for application 4632770 — net $1,599.09 NZD. Verify on MoJ.

Lock/key replacement

Amount: $170.00
Awarded to: Landlord
Reason: Lock/key replacement

Cleaning

Amount: $425.00
Awarded to: Landlord
Reason: Cleaning

Repairs: windows

Amount: $289.00
Awarded to: Landlord
Reason: Repairs: windows

Rubbish removal

Amount: $978.75
Awarded to: Landlord
Reason: Rubbish removal

Repairs: bathroom

Amount: $500.00
Awarded to: Landlord
Reason: Repairs: bathroom

Repairs: walls and garage

Claim types — money lines allowed on this order

Cleanliness Filing Fee Property damage Rubbish Removal

Order

Dallas Joseph Amaru Strickland-Ru and Rollin Grace must pay Obi Investments Limited $1,599.09 immediately, calculated as shown in table below.
The Bond Centre is to pay the bond of $2,200.00 (5738066-005) to Obi Investments Limited immediately.

Reasons

Both parties attended the hearing.
The landlord has applied for compensation, refund of the bond, and reimbursement of the filing fee following the end of the tenancy.
The tenancy ended on 19 June 2023.

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 premises reasonably clean and tidy, and did not remove all rubbish.
The tenant did not return the keys.
The landlord had to replace some of the light bulbs and heat pump remote.
Only 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.
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 following damage was caused during the tenancy: windows, bathroom, walls and garage, kitchen floor. The damage is more than fair wear and tear, and the tenant has not disproved liability for the damage.
Only the amounts ordered are 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.

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 4632770 — net $1,599.09 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Lock/key replacement	$170.00	Lock/key replacement
Cleaning	$425.00	Cleaning
Repairs: windows	$289.00	Repairs: windows
Rubbish removal	$978.75	Rubbish removal
Repairs: bathroom	$500.00	Repairs: bathroom
Repairs: walls and garage	$1,000.00	Repairs: walls and garage
Repairs: kitchen floor	$300.00	Repairs: kitchen floor
Replace heat pump remote	$35.90	Replace heat pump remote
Light bulbs/batteries	$80.00	Light bulbs/batteries
Filing fee reimbursement	$20.44	Filing fee reimbursement
Net award	$1,599.09
Total payable by Tenant to Landlord	$1,599.09

Claims and awards for application 4632770 — net $1,599.09 NZD. Verify on MoJ.

Lock/key replacement

Amount: $170.00
Awarded to: Landlord
Reason: Lock/key replacement

Cleaning

Amount: $425.00
Awarded to: Landlord
Reason: Cleaning

Repairs: windows

Amount: $289.00
Awarded to: Landlord
Reason: Repairs: windows

Rubbish removal

Amount: $978.75
Awarded to: Landlord
Reason: Rubbish removal

Repairs: bathroom

Amount: $500.00
Awarded to: Landlord
Reason: Repairs: bathroom

Repairs: walls and garage

Claim types — money lines allowed on this order

Cleanliness Filing Fee Property damage Rubbish Removal

Order

Dallas Joseph Amaru Strickland-Ru and Rollin Grace must pay Obi Investments Limited $1,599.09 immediately, calculated as shown in table below.
The Bond Centre is to pay the bond of $2,200.00 (5738066-005) to Obi Investments Limited immediately.

Reasons

Both parties attended the hearing.
The landlord has applied for compensation, refund of the bond, and reimbursement of the filing fee following the end of the tenancy.
The tenancy ended on 19 June 2023.

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 premises reasonably clean and tidy, and did not remove all rubbish.
The tenant did not return the keys.
The landlord had to replace some of the light bulbs and heat pump remote.
Only 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.
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 following damage was caused during the tenancy: windows, bathroom, walls and garage, kitchen floor. The damage is more than fair wear and tear, and the tenant has not disproved liability for the damage.
Only the amounts ordered are 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.

Tenancy Tribunal case 4632770 — Property damage at 3 Fisher Crescent, Otara, Auckland 2023

At a glance

Tenancy Tribunal case 4632770 — Property damage at 3 Fisher Crescent, Otara, Auckland 2023

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