What was the outcome of Tenancy Tribunal case 4656111?

The tribunal order states: Paranoyd Williams must pay Linkpeople Limited $13,297.35 immediately,

How much money was awarded in case 4656111?

Cleaning: $632.50 awarded to landlord; Filing Fee: $20.44 awarded to landlord; Grafitti Removal: $655.50 awarded to landlord; Heat Pump Remote: $287.50 awarded to landlord; Pest Control: $102.35 awarded to landlord; Property Damage: $276.14 awarded to landlord; Property Damage: $5,197.22 awarded to landlord; Property Damage: $101.20 awarded to landlord; Replace Broken Lights: $379.50 awarded to landlord; Replace Floor Coverings: $4,341.25 awarded to landlord; Retighten Window Handles: $63.25 awarded to landlord; Rubbish Removal: $1,552.50 awarded to landlord

What type of tenancy dispute was case 4656111?

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

Where can I read the official tribunal order for case 4656111?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/9670968-Tenancy_Tribunal_Order.pdf.

What was the outcome of Tenancy Tribunal case 4656111?

The tribunal order states: Paranoyd Williams must pay Linkpeople Limited $13,297.35 immediately,

How much money was awarded in case 4656111?

Cleaning: $632.50 awarded to landlord; Filing Fee: $20.44 awarded to landlord; Grafitti Removal: $655.50 awarded to landlord; Heat Pump Remote: $287.50 awarded to landlord; Pest Control: $102.35 awarded to landlord; Property Damage: $276.14 awarded to landlord; Property Damage: $5,197.22 awarded to landlord; Property Damage: $101.20 awarded to landlord; Replace Broken Lights: $379.50 awarded to landlord; Replace Floor Coverings: $4,341.25 awarded to landlord; Retighten Window Handles: $63.25 awarded to landlord; Rubbish Removal: $1,552.50 awarded to landlord

What type of tenancy dispute was case 4656111?

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

Where can I read the official tribunal order for case 4656111?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/9670968-Tenancy_Tribunal_Order.pdf.

Flat 2, 75 Wintere Road, Papatoetoe, Auckland 2025 Tenancy Tribunal Case 4656111 — Property damage

Order

Claims and awards in Tenancy Tribunal application 4656111 — net $13,297.35 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Cleaning	$632.50	Cleaning
Rubbish removal	$1,552.50	Rubbish removal
Pest control	$102.35	Pest control
Lock/key replacement	$276.14	Lock/key replacement
Grafitti removal	$655.50	Grafitti removal
Heat pump remote	$287.50	Heat pump remote
Replace floor coverings	$4,341.25	Replace floor coverings
Repairs to walls, fixtures, and miscellaneous	$5,197.22	Repairs to walls, fixtures, and miscellaneous
Replace broken lights	$379.50	Replace broken lights
Repair garage walls	$101.20	Repair garage walls
Retighten window handles	$63.25	Retighten window handles
Filing fee reimbursement	$20.44	Filing fee reimbursement
Net award	$13,297.35
Total payable by Tenant to Landlord	$13,297.35

Paranoyd Williams must pay Linkpeople Limited $13,297.35 immediately, calculated as shown in table below.

The Bond Centre is to pay the bond of $312.00 (3494572-019) to Linkpeople Limited immediately. DescriptionLandlord Cleaning$632.50 Rubbish removal$1,552.50 Pest control$102.35 Lock/key replacement$276.14 Grafitti removal$655.50 Heat pump remote$287.50 Replace floor coverings$4,341.25 Repairs to walls, fixtures, and miscellaneous$5,197.22 Replace broken lights$379.50 Repair garage walls$101.20 Retighten window handles$63.25 Filing fee reimbursement$20.44 Total award$13,609.35 Bond$312.00 Total payable by Tenant to Landlord$13,297.35

Reasons

Muntha Naika and Te Rangi Te Kira attended the hearing.

The tenant did not attend. The hearing proceeded in his absence.

The landlord has applied for compensation, refund of the bond, 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. 1

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 heat pump remote was missing at the end of the tenancy.

The amounts ordered for cleaning, rubbish removal, pest control, graffiti removal, and lock and key replacement 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. 2

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. 3 1 Residential Tenancies Act 1986 (RTA) s 40(1)(e)(ii)-(v). 2 RTA, ss 40(2)(a), 41, and 49B RTA. 3 RTA, s 49B(1).

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. 4

The tenant hoarded rubbish which in turn damaged most of the floor coverings. People the tenant permitted to be on the premises deliberately damaged the premises. The damage was extensive and includes vandalism to the walls, windows, doors, locks. Light fittings were also damaged. Graffiti was daubed on various walls. The smoke alarms were removed. The vanity was irreparably damaged. The window latches were loosened. The curtains and curtain rails were damaged. There were many other instances of deliberate damage listed in the contractor’s invoice and shown in the landlord’s exit photographs that need not be further expounded upon here.

The damage is more than fair wear and tear, and the tenant has not disproved liability for the damage.

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. Regard is taken of the age and condition of the items at the start of the tenancy and their likely useful lifespan. In this case, the landlord is replacing floor coverings with cheaper material than originally. That adequately accounts for depreciation in this case.

The landlord’s losses due to the tenant’s damaging the premises are proved as set out in the table above. Filing fee and bond

The tenant must reimburse the landlord for the filing fee because the landlord has wholly succeeded in its claim.

The bond is to be paid out to the landlord in part-payment of the tenant’s debt.

Claims and awards in Tenancy Tribunal application 4656111 — net $13,297.35 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Cleaning	$632.50	Cleaning
Rubbish removal	$1,552.50	Rubbish removal
Pest control	$102.35	Pest control
Lock/key replacement	$276.14	Lock/key replacement
Grafitti removal	$655.50	Grafitti removal
Heat pump remote	$287.50	Heat pump remote
Replace floor coverings	$4,341.25	Replace floor coverings
Repairs to walls, fixtures, and miscellaneous	$5,197.22	Repairs to walls, fixtures, and miscellaneous
Replace broken lights	$379.50	Replace broken lights
Repair garage walls	$101.20	Repair garage walls
Retighten window handles	$63.25	Retighten window handles
Filing fee reimbursement	$20.44	Filing fee reimbursement
Net award	$13,297.35
Total payable by Tenant to Landlord	$13,297.35

Order

Paranoyd Williams must pay Linkpeople Limited $13,297.35 immediately, calculated as shown in table below.
The Bond Centre is to pay the bond of $312.00 (3494572-019) to Linkpeople Limited immediately. DescriptionLandlord Cleaning$632.50 Rubbish removal$1,552.50 Pest control$102.35 Lock/key replacement$276.14 Grafitti removal$655.50 Heat pump remote$287.50 Replace floor coverings$4,341.25 Repairs to walls, fixtures, and miscellaneous$5,197.22 Replace broken lights$379.50 Repair garage walls$101.20 Retighten window handles$63.25 Filing fee reimbursement$20.44 Total award$13,609.35 Bond$312.00 Total payable by Tenant to Landlord$13,297.35

Reasons

Muntha Naika and Te Rangi Te Kira attended the hearing.
The tenant did not attend. The hearing proceeded in his absence.
The landlord has applied for compensation, refund of the bond, 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. 1
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 heat pump remote was missing at the end of the tenancy.
The amounts ordered for cleaning, rubbish removal, pest control, graffiti removal, and lock and key replacement 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. 2
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. 3 1 Residential Tenancies Act 1986 (RTA) s 40(1)(e)(ii)-(v). 2 RTA, ss 40(2)(a), 41, and 49B RTA. 3 RTA, s 49B(1).
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. 4
The tenant hoarded rubbish which in turn damaged most of the floor coverings. People the tenant permitted to be on the premises deliberately damaged the premises. The damage was extensive and includes vandalism to the walls, windows, doors, locks. Light fittings were also damaged. Graffiti was daubed on various walls. The smoke alarms were removed. The vanity was irreparably damaged. The window latches were loosened. The curtains and curtain rails were damaged. There were many other instances of deliberate damage listed in the contractor’s invoice and shown in the landlord’s exit photographs that need not be further expounded upon here.
The damage is more than fair wear and tear, and the tenant has not disproved liability for the damage.
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. Regard is taken of the age and condition of the items at the start of the tenancy and their likely useful lifespan. In this case, the landlord is replacing floor coverings with cheaper material than originally. That adequately accounts for depreciation in this case.
The landlord’s losses due to the tenant’s damaging the premises are proved as set out in the table above. Filing fee and bond
The tenant must reimburse the landlord for the filing fee because the landlord has wholly succeeded in its claim.
The bond is to be paid out to the landlord in part-payment of the tenant’s debt.

Tenancy Tribunal case 4656111 — Property damage at Flat 2, 75 Wintere Road, Papatoetoe, Auckland 2025

At a glance

Tenancy Tribunal case 4656111 — Property damage at Flat 2, 75 Wintere Road, Papatoetoe, Auckland 2025

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