What was the outcome of Tenancy Tribunal case 4649736?

The tribunal order states: Autumn Keach, Here Heather, Brenda Fenton and Alteeza Keach must pay

How much money was awarded in case 4649736?

Filing Fee: $20.44 awarded to landlord; Previous Order Application 4610169 D…: $1,211.60 awarded to landlord; Property Damage: $617.55 awarded to landlord; Rubbish Removal: $62.00 awarded to landlord

What type of tenancy dispute was case 4649736?

The primary dispute was Property damage.

Where can I read the official tribunal order for case 4649736?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/9931619-Tenancy_Tribunal_Order.pdf.

What was the outcome of Tenancy Tribunal case 4649736?

The tribunal order states: Autumn Keach, Here Heather, Brenda Fenton and Alteeza Keach must pay

How much money was awarded in case 4649736?

Filing Fee: $20.44 awarded to landlord; Previous Order Application 4610169 D…: $1,211.60 awarded to landlord; Property Damage: $617.55 awarded to landlord; Rubbish Removal: $62.00 awarded to landlord

What type of tenancy dispute was case 4649736?

The primary dispute was Property damage.

Where can I read the official tribunal order for case 4649736?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/9931619-Tenancy_Tribunal_Order.pdf.

160B Porchester Road, Papakura, Papakura 2110 Tenancy Tribunal Case 4649736 — Property damage

Order

Claims and awards in Tenancy Tribunal application 4649736 — net $1,911.59 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Previous order application 4610169 dated 05/07/2023	$1,211.60	Previous order application 4610169 dated 05/07/2023
Repairs: Bedroom door replacement	$617.55	Repairs: Bedroom door replacement
Rubbish removal	$62.00	Rubbish removal
Filing fee reimbursement	$20.44	Filing fee reimbursement
Net award	$1,911.59
Total payable by Tenant to Landlord	$1,911.59

Autumn Keach, Here Heather, Brenda Fenton and Alteeza Keach must pay Barfoot & Thompson Limited - As Agent For Besil Athuraliya, Chrishane Athuraliya And Carmeline Fernando $1,911.59 immediately, calculated as shown in table below.

This order incorporates the Tribunal order made on 5 July 2023 under application TT4610169.

Reasons

The landlord attended the hearing, the tenants did not attend.

The landlord has applied for compensation for a damaged door, rubbish removal and reimbursement of the filing fee following the end of the tenancy.

The tenancy ended on 5 July 2023 by order of the Tribunal.

On 5 July 2023 the Tribunal made an order relating to this tenancy, for rent arrears to 18 July 2023, water rates and reimbursement of the filing fee. The previous order is incorporated into this order for enforcement purposes.

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 remove all their rubbish and furniture and the landlord had to dispose of the items at a costs of $62.00

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 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 bedroom door was extensively damaged. 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 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 Barfoot & Thompson Limited - As Agent For Besil Athuraliya, Chrishane Athuraliya And Carmeline Fernando has substantially succeeded with the claim I have reimbursed the filing fee.

Claims and awards in Tenancy Tribunal application 4649736 — net $1,911.59 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Previous order application 4610169 dated 05/07/2023	$1,211.60	Previous order application 4610169 dated 05/07/2023
Repairs: Bedroom door replacement	$617.55	Repairs: Bedroom door replacement
Rubbish removal	$62.00	Rubbish removal
Filing fee reimbursement	$20.44	Filing fee reimbursement
Net award	$1,911.59
Total payable by Tenant to Landlord	$1,911.59

Order

Autumn Keach, Here Heather, Brenda Fenton and Alteeza Keach must pay Barfoot & Thompson Limited - As Agent For Besil Athuraliya, Chrishane Athuraliya And Carmeline Fernando $1,911.59 immediately, calculated as shown in table below.
This order incorporates the Tribunal order made on 5 July 2023 under application TT4610169.

Reasons

The landlord attended the hearing, the tenants did not attend.
The landlord has applied for compensation for a damaged door, rubbish removal and reimbursement of the filing fee following the end of the tenancy.
The tenancy ended on 5 July 2023 by order of the Tribunal.
On 5 July 2023 the Tribunal made an order relating to this tenancy, for rent arrears to 18 July 2023, water rates and reimbursement of the filing fee. The previous order is incorporated into this order for enforcement purposes.

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 remove all their rubbish and furniture and the landlord had to dispose of the items at a costs of $62.00

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 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 bedroom door was extensively damaged. 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 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 Barfoot & Thompson Limited - As Agent For Besil Athuraliya, Chrishane Athuraliya And Carmeline Fernando has substantially succeeded with the claim I have reimbursed the filing fee.

Tenancy Tribunal case 4649736 — Property damage at 160B Porchester Road, Papakura, Papakura 2110

At a glance

Tenancy Tribunal case 4649736 — Property damage at 160B Porchester Road, Papakura, Papakura 2110

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