What was the outcome of Tenancy Tribunal case 4633789?

The tribunal order states: Zac Bawden must pay Cooper and Co Real Estate T/A Harcourts $4,730.21

How much money was awarded in case 4633789?

Filing Fee: $20.44 awarded to landlord; Property Damage: $800.00 awarded to landlord; Property Damage: $400.00 awarded to landlord; Rent Arrears: $715.27 awarded to landlord; Rubbish Removal: $2,794.50 awarded to landlord

What type of tenancy dispute was case 4633789?

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

Where can I read the official tribunal order for case 4633789?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/9687892-Tenancy_Tribunal_Order.pdf.

What was the outcome of Tenancy Tribunal case 4633789?

The tribunal order states: Zac Bawden must pay Cooper and Co Real Estate T/A Harcourts $4,730.21

How much money was awarded in case 4633789?

Filing Fee: $20.44 awarded to landlord; Property Damage: $800.00 awarded to landlord; Property Damage: $400.00 awarded to landlord; Rent Arrears: $715.27 awarded to landlord; Rubbish Removal: $2,794.50 awarded to landlord

What type of tenancy dispute was case 4633789?

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

Where can I read the official tribunal order for case 4633789?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/9687892-Tenancy_Tribunal_Order.pdf.

169 Vaughans Road, Okura, RD 2, Auckland 0792 Tenancy Tribunal Case 4633789 — Property damage

Reasons

Claims and awards in Tenancy Tribunal application 4633789 — net $4,730.21 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears to 22 May 2023	$715.27	Rent arrears to 22 May 2023
Window repairs	$800.00	Window repairs
Rubbish removal	$2,794.50	Rubbish removal
Stovetop replacement	$400.00	Stovetop replacement
Filing fee reimbursement	$20.44	Filing fee reimbursement
Net award	$4,730.21
Total payable by Tenant to Landlord	$4,730.21

The landlord attended the hearing. The tenant did not attend

The landlord has applied for rent arrears, compensation and reimbursement of the filing fee following the end of the tenancy.

How much is owed for rent?

The tenancy ended on 23 May 2023 by Order of the Tribunal dated 16 May 2023. The landlord provided rent records and water rates invoices 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. 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. Photographs show a very large quantity of rubbish left at the premises. The landlord’s evidence shows that 3 skip loads of rubbish requiring 3 persons’ labour for 6 hours to remove it. The landlord is entitled to be compensated for that cost.

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.

The owner is not insured for tenant damage.

Photographs provided by the landlord show that 3 windows and a ceramic stovetop were broken.

I find it more likely than not that the damage occurred during the tenancy and it was more than fair wear and tear. There is no evidence from the tenant to show that is was not caused intentionally or carelessly by the tenant so the landlord is entitled to be compensated for the loss.

In the case of the replaced stovetop, allowance needs to be made for 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. It seems likely that the stovetop was around 10 years old. As such it had reached the end of its depreciated lifespan. I do however make an award recognising it will have had some residual value and the tenant is responsible for the costs of removal and re-installation – although the invoice provided by the landlord does not separate those costs from the cost of the replacement stovetop itself.

The landlord has applied for recovery of the $200.00 eviction fee. That is a cost flowing from the tenant's breach of its obligation to quit the premises on termination so is recoverable. However it is a cost that is automatically included by the District Court’s process when the landlord seeks to enforce an order through the District Court. I do not award it today to avoid potential duplication of the cost.

Because Cooper and Co Real Estate T/A Harcourts has succeeded with the claim I must reimburse the filing fee.

Claims and awards in Tenancy Tribunal application 4633789 — net $4,730.21 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears to 22 May 2023	$715.27	Rent arrears to 22 May 2023
Window repairs	$800.00	Window repairs
Rubbish removal	$2,794.50	Rubbish removal
Stovetop replacement	$400.00	Stovetop replacement
Filing fee reimbursement	$20.44	Filing fee reimbursement
Net award	$4,730.21
Total payable by Tenant to Landlord	$4,730.21

Order

Zac Bawden must pay Cooper and Co Real Estate T/A Harcourts $4,730.21 immediately, calculated as shown in table below.
27 $800.00 Rubbish removal$2,794.50 Stovetop replacement$400.00 Filing fee reimbursement$20.44 Total award $4,730.21 Total payable by Tenant to Landlord $4,730.21

Reasons

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

How much is owed for rent?

The tenancy ended on 23 May 2023 by Order of the Tribunal dated 16 May 2023. The landlord provided rent records and water rates invoices 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. 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. Photographs show a very large quantity of rubbish left at the premises. The landlord’s evidence shows that 3 skip loads of rubbish requiring 3 persons’ labour for 6 hours to remove it. The landlord is entitled to be compensated for that cost.

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.
The owner is not insured for tenant damage.
Photographs provided by the landlord show that 3 windows and a ceramic stovetop were broken.
I find it more likely than not that the damage occurred during the tenancy and it was more than fair wear and tear. There is no evidence from the tenant to show that is was not caused intentionally or carelessly by the tenant so the landlord is entitled to be compensated for the loss.
In the case of the replaced stovetop, allowance needs to be made for 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. It seems likely that the stovetop was around 10 years old. As such it had reached the end of its depreciated lifespan. I do however make an award recognising it will have had some residual value and the tenant is responsible for the costs of removal and re-installation – although the invoice provided by the landlord does not separate those costs from the cost of the replacement stovetop itself.
The landlord has applied for recovery of the $200.00 eviction fee. That is a cost flowing from the tenant's breach of its obligation to quit the premises on termination so is recoverable. However it is a cost that is automatically included by the District Court’s process when the landlord seeks to enforce an order through the District Court. I do not award it today to avoid potential duplication of the cost.
Because Cooper and Co Real Estate T/A Harcourts has succeeded with the claim I must reimburse the filing fee.

Tenancy Tribunal case 4633789 — Property damage at 169 Vaughans Road, Okura, RD 2, Auckland 0792

At a glance

Tenancy Tribunal case 4633789 — Property damage at 169 Vaughans Road, Okura, RD 2, Auckland 0792

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

Residential Tenancies Act sections

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

Residential Tenancies Act sections

Key findings

Property management

Frequently asked questions