What was the outcome of Tenancy Tribunal case 4647150?

The tribunal order states: Aaron Laffoley, Munokoa Taia and Josephine Joan Laffoley must pay Cartel

How much money was awarded in case 4647150?

Cleaning: $200.00 awarded to landlord; Filing Fee: $20.44 awarded to landlord; Lawns and Garden Work: $150.00 awarded to landlord; Property Damage: $128.92 awarded to landlord; Property Damage: $828.50 awarded to landlord; Rent Arrears: $2,540.00 awarded to landlord; Door Frames: $405.88 awarded to landlord; Kitchen Drawers: $125.00 awarded to landlord; Property Damage: $1,040.00 awarded to landlord; replace fire resistant glass in wood…: $297.85 awarded to landlord; Rubbish Removal: $2,102.80 awarded to landlord; Smoke Alarms: $16.85 awarded to landlord; Water Rates: $371.18 awarded to landlord

What type of tenancy dispute was case 4647150?

The primary dispute was Property damage. Related themes: Rent arrears, Cleanliness, Smoke alarms.

Where can I read the official tribunal order for case 4647150?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/10009983-Tenancy_Tribunal_Order.pdf.

What was the outcome of Tenancy Tribunal case 4647150?

The tribunal order states: Aaron Laffoley, Munokoa Taia and Josephine Joan Laffoley must pay Cartel

How much money was awarded in case 4647150?

Cleaning: $200.00 awarded to landlord; Filing Fee: $20.44 awarded to landlord; Lawns and Garden Work: $150.00 awarded to landlord; Property Damage: $128.92 awarded to landlord; Property Damage: $828.50 awarded to landlord; Rent Arrears: $2,540.00 awarded to landlord; Door Frames: $405.88 awarded to landlord; Kitchen Drawers: $125.00 awarded to landlord; Property Damage: $1,040.00 awarded to landlord; replace fire resistant glass in wood…: $297.85 awarded to landlord; Rubbish Removal: $2,102.80 awarded to landlord; Smoke Alarms: $16.85 awarded to landlord; Water Rates: $371.18 awarded to landlord

What type of tenancy dispute was case 4647150?

The primary dispute was Property damage. Related themes: Rent arrears, Cleanliness, Smoke alarms.

Where can I read the official tribunal order for case 4647150?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/10009983-Tenancy_Tribunal_Order.pdf.

3 Blair Place, Otara, Auckland 2023 Tenancy Tribunal Case 4647150 — Property damage

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3 Blair Place, Otara, Auckland 2023 Tenancy Tribunal Case 4647150 — 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 4647150 — net $5,827.42 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears accruing between 9 May 2023 and 17 July 2023	$2,540.00	Rent arrears accruing between 9 May 2023 and 17 July 2023
Water rates for May, June and July 2023	$371.18	Water rates for May, June and July 2023
Lock/key replacement	$128.92	Lock/key replacement
Cleaning	$200.00	Cleaning
Lawns and Garden work	$150.00	Lawns and Garden work
Rubbish removal	$2,102.80	Rubbish removal
Window repairs	$828.50	Window repairs
Repairs: repair and plaster holes in hallway, lounge, kitchen, laundry and bedrooms	$1,040.00	Repairs: repair and plaster holes in hallway, lounge, kitchen, laundry and bedrooms
Replace smoke alarms (x2	$16.85	Replace smoke alarms (x2
Repairs: kitchen drawers	$125.00	Repairs: kitchen drawers
Repairs: door frames	$405.88	Repairs: door frames
Repairs: replace fire resistant glass in wood burner	$297.85	Repairs: replace fire resistant glass in wood burner
Filing fee reimbursement	$20.44	Filing fee reimbursement
Net award	$5,827.42
Total payable by Tenant to Landlord	$5,827.42

Claims and awards for application 4647150 — net $5,827.42 NZD. Verify on MoJ.

Rent arrears accruing between 9 May 2023 and 17 July 2023

Amount: $2,540.00
Awarded to: Landlord
Reason: Rent arrears accruing between 9 May 2023 and 17 July 2023

Water rates for May, June and July 2023

Amount: $371.18
Awarded to: Landlord
Reason: Water rates for May, June and July 2023

Lock/key replacement

Amount: $128.92
Awarded to: Landlord
Reason: Lock/key replacement

Cleaning

Amount: $200.00
Awarded to: Landlord
Reason: Cleaning

Lawns and Garden work

Amount: $150.00
Awarded to: Landlord
Reason: Lawns and Garden work

Claim types — money lines allowed on this order

Cleanliness Filing Fee Lawns And Garden Work Property damage Rent arrears Rubbish Removal Replace Smoke Alarms Water Rates

Order

Aaron Laffoley, Munokoa Taia and Josephine Joan Laffoley must pay Cartel Trading Limited $5,827.42 immediately, calculated as shown in table below.
The Bond Centre is to pay the bond of $2,400.00 (6202762-007) to Cartel Trading Limited immediately.

Reasons

Only the landlord attended the hearing, represented by Nancy Fong-Anae who was assisted by Mr Ivor Chan. There was no appearance by the tenants.
The landlord has applied for rent arrears, compensation, refund of the bond, and reimbursement of the filing fee following the end of the tenancy.
This is the landlord claim and the onus is on the landlord to prove their claim. That means that they must provide evidence to prove their claim to the civil standard (on the balance of probabilities).

How much is owed for rent and water rates?

The tenancy ended on 10 July 2023.
The landlord had previously obtained a conditional order on 19 April 2023 as at that stage the rent was in arrears by $6,165.71 and water was in arrears by $2,576.79.
The tenants paid the arrears and were up to date as at 4 May 2023 but then again fell into arrears. The landlord provided rent records showing that the current arrears, which accrued between 9 May 2023 and 17 July 2023, is $2,540.00. I order payment of that amount.
Ms Fong-Anae explained that the landlord has obtained an attachment order in respect of the previous water arrears. However the invoices for the months of May, June and July are not included in the previous arrears and so the landlord sought that those amounts be included in this order. Those invoices show water arrears of $371.18 and I order payment of that amount.

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.
This tenancy was in fact a new tenancy which began on 8 January 2019 but the tenants had lived at the property since 2014. The original tenancy was terminated by order of the Tribunal on 7 January 2019 but the landlord entered into a new tenancy agreement with the two first named tenants to this application and another family member, and the family continued living at the property.
The landlord provided a walk-through video of the property taken the day after the start of tenancy on 8 January 2019. The property presented as tired and in need of refurbishment.
The landlord then provided photos of the property following the tenancy as evidence of their claims.
The tenant did not leave the premises reasonably clean and tidy, and did not remove all rubbish.
The landlord has claimed $400.00 for cleaning, inside and out. I order $200 as the property only needs to be left “reasonably clean and tidy” and does not need to be left in an immaculate condition ready for a new tenant. On the basis of the evidence before me I consider $200 to be reasonable.
The lawns were the responsibility of the tenants. The video showed the lawns in reasonable condition at the start of the tenancy in the photos it was very overgrown. I consider the landlord’s invoice of $150.00 for lawns to be reasonable.
There was a considerable amount of rubbish left behind, particularly outside. The landlord has claimed a total sum of $2,102.80 for rubbish removal and having reviewed the invoices I order payment of this amount.
The tenant did not return the keys. The landlord claimed $150.00 for replacing the locks and provided an invoice. I order payment of this amount.
The landlord claimed for lightbulbs, light fittings and smoke alarms. On the evidence before me I do not find the claim for lightbulbs and light fittings proven. I order $16.85 for the smoke alarms.
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.
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 landlord has proved that the following damage was caused during the tenancy: a. Three windows were broken; b. The kitchen drawers were broken; c. There were holes in the walls in the hallway, lounge and bedrooms; d. Some doorframes were broken; and e. The glass in the woodburner fireplace was broken.
The damage is more than fair wear and tear, and the tenant has not disproved liability for the damage.
The amounts ordered are proved. The landlord provided itemised invoices for the repairs.
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.
The landlord sought considerably more than was ordered for repairing the walls and the door frames. However, having viewed the condition of the property at the start of the tenancy I consider that while the tenants should be ordered to pay for the cost of repairing and plastering the holes, and repairing the broken door frames, the other amounts sought such as painting and sanding should not be the responsibility of the tenants. It is to be expected that landlord will need to repaint every ten years or so and that there will be some general wear and tear that needs to be seen to. I consider this to be a business expense of being a landlord.
I have not made any orders in respect of the sliding gate and curtain fixings and I did not have sufficient evidence to show the condition of these items at the start of the tenancy, and consider these items are likely to be wear and tear/maintenance in any event.
Because Cartel Trading Limited has substantially succeeded with the claim I have reimbursed the filing fee.
No orders were sought for name suppression.

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 4647150 — net $5,827.42 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears accruing between 9 May 2023 and 17 July 2023	$2,540.00	Rent arrears accruing between 9 May 2023 and 17 July 2023
Water rates for May, June and July 2023	$371.18	Water rates for May, June and July 2023
Lock/key replacement	$128.92	Lock/key replacement
Cleaning	$200.00	Cleaning
Lawns and Garden work	$150.00	Lawns and Garden work
Rubbish removal	$2,102.80	Rubbish removal
Window repairs	$828.50	Window repairs
Repairs: repair and plaster holes in hallway, lounge, kitchen, laundry and bedrooms	$1,040.00	Repairs: repair and plaster holes in hallway, lounge, kitchen, laundry and bedrooms
Replace smoke alarms (x2	$16.85	Replace smoke alarms (x2
Repairs: kitchen drawers	$125.00	Repairs: kitchen drawers
Repairs: door frames	$405.88	Repairs: door frames
Repairs: replace fire resistant glass in wood burner	$297.85	Repairs: replace fire resistant glass in wood burner
Filing fee reimbursement	$20.44	Filing fee reimbursement
Net award	$5,827.42
Total payable by Tenant to Landlord	$5,827.42

Claims and awards for application 4647150 — net $5,827.42 NZD. Verify on MoJ.

Rent arrears accruing between 9 May 2023 and 17 July 2023

Amount: $2,540.00
Awarded to: Landlord
Reason: Rent arrears accruing between 9 May 2023 and 17 July 2023

Water rates for May, June and July 2023

Amount: $371.18
Awarded to: Landlord
Reason: Water rates for May, June and July 2023

Lock/key replacement

Amount: $128.92
Awarded to: Landlord
Reason: Lock/key replacement

Cleaning

Amount: $200.00
Awarded to: Landlord
Reason: Cleaning

Lawns and Garden work

Amount: $150.00
Awarded to: Landlord
Reason: Lawns and Garden work

Claim types — money lines allowed on this order

Cleanliness Filing Fee Lawns And Garden Work Property damage Rent arrears Rubbish Removal Replace Smoke Alarms Water Rates

Order

Aaron Laffoley, Munokoa Taia and Josephine Joan Laffoley must pay Cartel Trading Limited $5,827.42 immediately, calculated as shown in table below.
The Bond Centre is to pay the bond of $2,400.00 (6202762-007) to Cartel Trading Limited immediately.

Reasons

Only the landlord attended the hearing, represented by Nancy Fong-Anae who was assisted by Mr Ivor Chan. There was no appearance by the tenants.
The landlord has applied for rent arrears, compensation, refund of the bond, and reimbursement of the filing fee following the end of the tenancy.
This is the landlord claim and the onus is on the landlord to prove their claim. That means that they must provide evidence to prove their claim to the civil standard (on the balance of probabilities).

How much is owed for rent and water rates?

The tenancy ended on 10 July 2023.
The landlord had previously obtained a conditional order on 19 April 2023 as at that stage the rent was in arrears by $6,165.71 and water was in arrears by $2,576.79.
The tenants paid the arrears and were up to date as at 4 May 2023 but then again fell into arrears. The landlord provided rent records showing that the current arrears, which accrued between 9 May 2023 and 17 July 2023, is $2,540.00. I order payment of that amount.
Ms Fong-Anae explained that the landlord has obtained an attachment order in respect of the previous water arrears. However the invoices for the months of May, June and July are not included in the previous arrears and so the landlord sought that those amounts be included in this order. Those invoices show water arrears of $371.18 and I order payment of that amount.

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.
This tenancy was in fact a new tenancy which began on 8 January 2019 but the tenants had lived at the property since 2014. The original tenancy was terminated by order of the Tribunal on 7 January 2019 but the landlord entered into a new tenancy agreement with the two first named tenants to this application and another family member, and the family continued living at the property.
The landlord provided a walk-through video of the property taken the day after the start of tenancy on 8 January 2019. The property presented as tired and in need of refurbishment.
The landlord then provided photos of the property following the tenancy as evidence of their claims.
The tenant did not leave the premises reasonably clean and tidy, and did not remove all rubbish.
The landlord has claimed $400.00 for cleaning, inside and out. I order $200 as the property only needs to be left “reasonably clean and tidy” and does not need to be left in an immaculate condition ready for a new tenant. On the basis of the evidence before me I consider $200 to be reasonable.
The lawns were the responsibility of the tenants. The video showed the lawns in reasonable condition at the start of the tenancy in the photos it was very overgrown. I consider the landlord’s invoice of $150.00 for lawns to be reasonable.
There was a considerable amount of rubbish left behind, particularly outside. The landlord has claimed a total sum of $2,102.80 for rubbish removal and having reviewed the invoices I order payment of this amount.
The tenant did not return the keys. The landlord claimed $150.00 for replacing the locks and provided an invoice. I order payment of this amount.
The landlord claimed for lightbulbs, light fittings and smoke alarms. On the evidence before me I do not find the claim for lightbulbs and light fittings proven. I order $16.85 for the smoke alarms.
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.
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 landlord has proved that the following damage was caused during the tenancy: a. Three windows were broken; b. The kitchen drawers were broken; c. There were holes in the walls in the hallway, lounge and bedrooms; d. Some doorframes were broken; and e. The glass in the woodburner fireplace was broken.
The damage is more than fair wear and tear, and the tenant has not disproved liability for the damage.
The amounts ordered are proved. The landlord provided itemised invoices for the repairs.
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.
The landlord sought considerably more than was ordered for repairing the walls and the door frames. However, having viewed the condition of the property at the start of the tenancy I consider that while the tenants should be ordered to pay for the cost of repairing and plastering the holes, and repairing the broken door frames, the other amounts sought such as painting and sanding should not be the responsibility of the tenants. It is to be expected that landlord will need to repaint every ten years or so and that there will be some general wear and tear that needs to be seen to. I consider this to be a business expense of being a landlord.
I have not made any orders in respect of the sliding gate and curtain fixings and I did not have sufficient evidence to show the condition of these items at the start of the tenancy, and consider these items are likely to be wear and tear/maintenance in any event.
Because Cartel Trading Limited has substantially succeeded with the claim I have reimbursed the filing fee.
No orders were sought for name suppression.

Tenancy Tribunal case 4647150 — Property damage at 3 Blair Place, Otara, Auckland 2023

At a glance

Tenancy Tribunal case 4647150 — Property damage at 3 Blair Place, Otara, Auckland 2023

At a glance

Award balance

Claims & awards

Order

Reasons

How much is owed for rent and water rates?

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 and water rates?

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