What was the outcome of Tenancy Tribunal case 4647049?

The tribunal order states: Toneena Summer Hale and Montell Neil Taylor Corbett must pay North Shore

How much money was awarded in case 4647049?

Cleaning: $950.00 awarded to landlord; Filing Fee: $20.44 awarded to landlord; Previous Order Application 4573510 D…: $7,384.60 awarded to landlord; Property Damage: $19.80 awarded to landlord; Property Damage: $1,380.00 awarded to landlord

What type of tenancy dispute was case 4647049?

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

Where can I read the official tribunal order for case 4647049?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/9828841-Tenancy_Tribunal_Order.pdf.

What was the outcome of Tenancy Tribunal case 4647049?

The tribunal order states: Toneena Summer Hale and Montell Neil Taylor Corbett must pay North Shore

How much money was awarded in case 4647049?

Cleaning: $950.00 awarded to landlord; Filing Fee: $20.44 awarded to landlord; Previous Order Application 4573510 D…: $7,384.60 awarded to landlord; Property Damage: $19.80 awarded to landlord; Property Damage: $1,380.00 awarded to landlord

What type of tenancy dispute was case 4647049?

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

Where can I read the official tribunal order for case 4647049?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/9828841-Tenancy_Tribunal_Order.pdf.

Unit/Flat Unit 2, 22 Craig Road, Milford, Auckland 0620 Tenancy Tribunal Case 4647049 — Property damage

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Unit/Flat Unit 2, 22 Craig Road, Milford, Auckland 0620 Tenancy Tribunal Case 4647049 — 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 4647049 — net $9,754.84 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Previous order application 4573510 dated 05/07/2023	$7,384.60	Previous order application 4573510 dated 05/07/2023
Cleaning: (full professional house clean	$950.00	Cleaning: (full professional house clean
Repairs: (clear rubbish, repair window glass x2 and repair window handles and lounge door and walls	$1,380.00	Repairs: (clear rubbish, repair window glass x2 and repair window handles and lounge door and walls
Lock/key replacement	$19.80	Lock/key replacement
Filing fee reimbursement	$20.44	Filing fee reimbursement
Net award	$9,754.84
Total payable by Tenant to Landlord	$9,754.84

Claims and awards for application 4647049 — net $9,754.84 NZD. Verify on MoJ.

Previous order application 4573510 dated 05/07/2023

Amount: $7,384.60
Awarded to: Landlord
Reason: Previous order application 4573510 dated 05/07/2023

Cleaning: (full professional house clean

Amount: $950.00
Awarded to: Landlord
Reason: Cleaning: (full professional house clean

Repairs: (clear rubbish, repair window glass x2 and repair window handles and lounge door and walls

Amount: $1,380.00
Awarded to: Landlord
Reason: Repairs: (clear rubbish, repair window glass x2 and repair window handles and lounge door and walls

Lock/key replacement

Amount: $19.80
Awarded to: Landlord
Reason: Lock/key replacement

Filing fee reimbursement

Amount: $20.44
Awarded to

Claim types — money lines allowed on this order

Cleanliness Filing Fee Property damage

Order

Toneena Summer Hale and Montell Neil Taylor Corbett must pay North Shore Rentals Limited - As Agent For Sld Family Trust $9,754.84 immediately, calculated as shown in table below.
This order incorporates the Tribunal order made on 5 July 2023 under application 4573510.

Reasons

The landlord attended the hearing. The tenant did not.
I am satisfied that the tenant had received proper notice of the hearing time, date and place and chose not to attend.
On 5 July 2023 the Tribunal made an order relating to this tenancy, for rent arrears to 5 July 2023 of $7,652.86, water rates arrears of $781.30, refund of the full bond amount of $1,070.00 and reimbursement of the filing fee of $20.44 to be paid to the landlord. The previous order is incorporated into this order for enforcement purposes.
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 is required to replace worn out smoke alarm batteries during the tenancy. See section 40(1)(ca) Residential Tenancies Act 1986. 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.
The tenant did not return the keys.
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.
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.
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 four weeks' rent (or four weeks' market rent in the case of a tenant paying income-related rent). See section 49B(3)(a) RTA.
Where the damage is careless and is not covered by the landlord's insurance, the tenant's liability is limited to four weeks' rent (or market rent). See section 49B(3)(b) RTA. Where insurance money is irrecoverable because of the tenant's conduct, the property is treated as if it is not insured against the damage. See section 49B(3A)(a) 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: a. 2 broken windows in the lounge and one downstairs bedroom; b. 3 broken window latches; c. Damage to the lounge door; and d. Damage to the walls that required repair and repainting. e. The damage is more than fair wear and tear, and the tenant has not disproved liability for the damage.
The amounts ordered are proved.
I have considered 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 considered the age and condition of the items at the start of the tenancy and their likely useful lifespan.
Because North Shore Rentals Limited - As Agent For Sld Family Trust has wholly succeeded with the 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 4647049 — net $9,754.84 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Previous order application 4573510 dated 05/07/2023	$7,384.60	Previous order application 4573510 dated 05/07/2023
Cleaning: (full professional house clean	$950.00	Cleaning: (full professional house clean
Repairs: (clear rubbish, repair window glass x2 and repair window handles and lounge door and walls	$1,380.00	Repairs: (clear rubbish, repair window glass x2 and repair window handles and lounge door and walls
Lock/key replacement	$19.80	Lock/key replacement
Filing fee reimbursement	$20.44	Filing fee reimbursement
Net award	$9,754.84
Total payable by Tenant to Landlord	$9,754.84

Claims and awards for application 4647049 — net $9,754.84 NZD. Verify on MoJ.

Previous order application 4573510 dated 05/07/2023

Amount: $7,384.60
Awarded to: Landlord
Reason: Previous order application 4573510 dated 05/07/2023

Cleaning: (full professional house clean

Amount: $950.00
Awarded to: Landlord
Reason: Cleaning: (full professional house clean

Repairs: (clear rubbish, repair window glass x2 and repair window handles and lounge door and walls

Amount: $1,380.00
Awarded to: Landlord
Reason: Repairs: (clear rubbish, repair window glass x2 and repair window handles and lounge door and walls

Lock/key replacement

Amount: $19.80
Awarded to: Landlord
Reason: Lock/key replacement

Filing fee reimbursement

Amount: $20.44
Awarded to

Claim types — money lines allowed on this order

Cleanliness Filing Fee Property damage

Order

Toneena Summer Hale and Montell Neil Taylor Corbett must pay North Shore Rentals Limited - As Agent For Sld Family Trust $9,754.84 immediately, calculated as shown in table below.
This order incorporates the Tribunal order made on 5 July 2023 under application 4573510.

Reasons

The landlord attended the hearing. The tenant did not.
I am satisfied that the tenant had received proper notice of the hearing time, date and place and chose not to attend.
On 5 July 2023 the Tribunal made an order relating to this tenancy, for rent arrears to 5 July 2023 of $7,652.86, water rates arrears of $781.30, refund of the full bond amount of $1,070.00 and reimbursement of the filing fee of $20.44 to be paid to the landlord. The previous order is incorporated into this order for enforcement purposes.
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 is required to replace worn out smoke alarm batteries during the tenancy. See section 40(1)(ca) Residential Tenancies Act 1986. 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.
The tenant did not return the keys.
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.
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.
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 four weeks' rent (or four weeks' market rent in the case of a tenant paying income-related rent). See section 49B(3)(a) RTA.
Where the damage is careless and is not covered by the landlord's insurance, the tenant's liability is limited to four weeks' rent (or market rent). See section 49B(3)(b) RTA. Where insurance money is irrecoverable because of the tenant's conduct, the property is treated as if it is not insured against the damage. See section 49B(3A)(a) 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: a. 2 broken windows in the lounge and one downstairs bedroom; b. 3 broken window latches; c. Damage to the lounge door; and d. Damage to the walls that required repair and repainting. e. The damage is more than fair wear and tear, and the tenant has not disproved liability for the damage.
The amounts ordered are proved.
I have considered 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 considered the age and condition of the items at the start of the tenancy and their likely useful lifespan.
Because North Shore Rentals Limited - As Agent For Sld Family Trust has wholly succeeded with the claim I must reimburse the filing fee.

Tenancy Tribunal case 4647049 — Property damage at Unit/Flat Unit 2, 22 Craig Road, Milford, Auckland 0620

At a glance

Tenancy Tribunal case 4647049 — Property damage at Unit/Flat Unit 2, 22 Craig Road, Milford, Auckland 0620

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