What was the outcome of Tenancy Tribunal case 4657692?

The tribunal order states: Bellamarie Hemopo must pay Nautilus Trading Limited $17,409.41 immediately,

How much money was awarded in case 4657692?

Cleaning: $121.50 awarded to landlord; Cleaning: $58.27 awarded to landlord; Dump Fees: $266.40 awarded to landlord; Filing Fee: $20.44 awarded to landlord; Property Damage: $1,040.99 awarded to landlord; Property Damage: $658.52 awarded to landlord; Property Damage: $1,383.53 awarded to landlord; Property Damage: $440.31 awarded to landlord; Property Damage: $600.59 awarded to landlord; Property Damage: $3,105.00 awarded to landlord; Property Damage: $961.29 awarded to landlord; Property Damage: $673.12 awarded to landlord; Property Damage: $575.00 awarded to landlord; Property Damage: $400.00 awarded to landlord; Property Damage: $502.32 awarded to landlord; Property Damage: $4,097.00 awarded to landlord; Rent Arrears: $305.34 awarded to landlord; Replace Oven Door: $126.50 awarded to landlord; Rubbish Removal: $3,900.00 awarded to landlord; Smoke Alarms: $173.29 awarded to landlord

What type of tenancy dispute was case 4657692?

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

Where can I read the official tribunal order for case 4657692?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/9666115-Tenancy_Tribunal_Order.pdf.

What was the outcome of Tenancy Tribunal case 4657692?

The tribunal order states: Bellamarie Hemopo must pay Nautilus Trading Limited $17,409.41 immediately,

How much money was awarded in case 4657692?

Cleaning: $121.50 awarded to landlord; Cleaning: $58.27 awarded to landlord; Dump Fees: $266.40 awarded to landlord; Filing Fee: $20.44 awarded to landlord; Property Damage: $1,040.99 awarded to landlord; Property Damage: $658.52 awarded to landlord; Property Damage: $1,383.53 awarded to landlord; Property Damage: $440.31 awarded to landlord; Property Damage: $600.59 awarded to landlord; Property Damage: $3,105.00 awarded to landlord; Property Damage: $961.29 awarded to landlord; Property Damage: $673.12 awarded to landlord; Property Damage: $575.00 awarded to landlord; Property Damage: $400.00 awarded to landlord; Property Damage: $502.32 awarded to landlord; Property Damage: $4,097.00 awarded to landlord; Rent Arrears: $305.34 awarded to landlord; Replace Oven Door: $126.50 awarded to landlord; Rubbish Removal: $3,900.00 awarded to landlord; Smoke Alarms: $173.29 awarded to landlord

What type of tenancy dispute was case 4657692?

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

Where can I read the official tribunal order for case 4657692?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/9666115-Tenancy_Tribunal_Order.pdf.

Unit/Flat 506, 8 Ronayne Street, Auckland Central, Tenancy Tribunal Case 4657692 — Property damage

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Claims and awards in Tenancy Tribunal application 4657692 — net $17,409.41 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears to 9 July 2023	$305.34	Rent arrears to 9 July 2023
Repair broken window	$1,040.99	Repair broken window
Abseiler fee to repair window	$658.52	Abseiler fee to repair window
Further window repair	$1,383.53	Further window repair
Further window repair	$440.31	Further window repair
Further window repair	$600.59	Further window repair
Repair exterior cladding	$3,105.00	Repair exterior cladding
Repair panel beside sliding door	$961.29	Repair panel beside sliding door
Cleaning materials	$121.50	Cleaning materials
Electrical fee to reinstate smoke alarm	$173.29	Electrical fee to reinstate smoke alarm
Cleaning equipment	$58.27	Cleaning equipment
Dump fees	$266.40	Dump fees
Repair bedroom sash window	$673.12	Repair bedroom sash window
Repairs to kitchen cabinetry	$575.00	Repairs to kitchen cabinetry
Rubbish removal, cleaning and interior repairs	$3,900.00	Rubbish removal, cleaning and interior repairs
Replace damaged washing machine and dryer	$400.00	Replace damaged washing machine and dryer
Replace oven door	$126.50	Replace oven door
Replace damaged smoke detector	$502.32	Replace damaged smoke detector
Compensation for damage to carpet (depreciated 25	$4,097.00	Compensation for damage to carpet (depreciated 25
Filing fee reimbursement	$20.44	Filing fee reimbursement
Net award	$17,409.41
Total payable by Tenant to Landlord	$17,409.41

Claims and awards in Tenancy Tribunal application 4657692 — net $17,409.41 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.

Claim

Landlord

Tenant

Reason

Rent arrears to 9 July 2023

$305.34

Rent arrears to 9 July 2023

Repair broken window

$1,040.99

Repair broken window

Abseiler fee to repair window

$658.52

Abseiler fee to repair window

Further window repair

$1,383.53

Further window repair

$440.31

Further window repair

$600.59

Further window repair

Repair exterior cladding

$3,105.00

Repair exterior cladding

Repair panel beside sliding door

$961.29

Repair panel beside sliding door

Cleaning materials

$121.50

Cleaning materials

Electrical fee to reinstate smoke alarm

$173.29

Electrical fee to reinstate smoke alarm

Cleaning equipment

$58.27

Cleaning equipment

Dump fees

$266.40

Dump fees

Repair bedroom sash window

$673.12

Repair bedroom sash window

Repairs to kitchen cabinetry

$575.00

Repairs to kitchen cabinetry

Rubbish removal, cleaning and interior repairs

$3,900.00

Rubbish removal, cleaning and interior repairs

Replace damaged washing machine and dryer

$400.00

Replace damaged washing machine and dryer

Replace oven door

$126.50

Replace oven door

Replace damaged smoke detector

$502.32

Replace damaged smoke detector

Compensation for damage to carpet (depreciated 25

$4,097.00

Compensation for damage to carpet (depreciated 25

Filing fee reimbursement

$20.44

Filing fee reimbursement

Net award

$17,409.41

Total payable by Tenant to Landlord

$17,409.41

Reasons

Mr Hyams, a director of the landlord company, attended the hearing with his son as support. The tenant did not attend.

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

How much is owed for rent?

The tenancy ended on 9 July 2023. The landlord provided rent records which prove the amount of rent 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 (RTA). The tenant is required to replace worn out smoke alarm batteries during the tenancy. See section 40(1)(ca) RTA. 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 amount of rubbish to be removed was considerable.

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 landlord is not insured for tenant damage. The Body Corporate is insured for building damage, but a $5,000.00 excess applies to any claims.

The following damage was caused during the tenancy. There was considerable damage to walls, doors, kitchen cabinetry and to fixtures and fittings. The washing machine and dryer were damaged and had to be replaced. Multiple windows were broken and needed to be repaired. As the premises were part of a multi-storey unit title development, this involved the use of an abseiler.

Much of the damage would be regarded by the Tribunal as intentional damage.

The tenancy agreement and the Body Corporate rules prevented animals being kept at the premises. A dog kept by the tenant caused damage to the carpet that cannot be removed by cleaning. The carpet must be replaced.

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

The amounts ordered are proved by invoices and photos and by evidence given by Mr Hyams at the hearing.

I have considered betterment and depreciation. I have reduced the claim for carpet replacement by 25% and have awarded compensation on that basis to account for the age of the carpet at the start of the tenancy and its likely useful lifespan.

On the successful application I have reimbursed the landlord the Tribunal filing fee.

Claims and awards in Tenancy Tribunal application 4657692 — net $17,409.41 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears to 9 July 2023	$305.34	Rent arrears to 9 July 2023
Repair broken window	$1,040.99	Repair broken window
Abseiler fee to repair window	$658.52	Abseiler fee to repair window
Further window repair	$1,383.53	Further window repair
Further window repair	$440.31	Further window repair
Further window repair	$600.59	Further window repair
Repair exterior cladding	$3,105.00	Repair exterior cladding
Repair panel beside sliding door	$961.29	Repair panel beside sliding door
Cleaning materials	$121.50	Cleaning materials
Electrical fee to reinstate smoke alarm	$173.29	Electrical fee to reinstate smoke alarm
Cleaning equipment	$58.27	Cleaning equipment
Dump fees	$266.40	Dump fees
Repair bedroom sash window	$673.12	Repair bedroom sash window
Repairs to kitchen cabinetry	$575.00	Repairs to kitchen cabinetry
Rubbish removal, cleaning and interior repairs	$3,900.00	Rubbish removal, cleaning and interior repairs
Replace damaged washing machine and dryer	$400.00	Replace damaged washing machine and dryer
Replace oven door	$126.50	Replace oven door
Replace damaged smoke detector	$502.32	Replace damaged smoke detector
Compensation for damage to carpet (depreciated 25	$4,097.00	Compensation for damage to carpet (depreciated 25
Filing fee reimbursement	$20.44	Filing fee reimbursement
Net award	$17,409.41
Total payable by Tenant to Landlord	$17,409.41

Claims and awards in Tenancy Tribunal application 4657692 — net $17,409.41 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.

Claim

Landlord

Tenant

Reason

Rent arrears to 9 July 2023

$305.34

Rent arrears to 9 July 2023

Repair broken window

$1,040.99

Repair broken window

Abseiler fee to repair window

$658.52

Abseiler fee to repair window

Further window repair

$1,383.53

Further window repair

$440.31

Further window repair

$600.59

Further window repair

Repair exterior cladding

$3,105.00

Repair exterior cladding

Repair panel beside sliding door

$961.29

Repair panel beside sliding door

Cleaning materials

$121.50

Cleaning materials

Electrical fee to reinstate smoke alarm

$173.29

Electrical fee to reinstate smoke alarm

Cleaning equipment

$58.27

Cleaning equipment

Dump fees

$266.40

Dump fees

Repair bedroom sash window

$673.12

Repair bedroom sash window

Repairs to kitchen cabinetry

$575.00

Repairs to kitchen cabinetry

Rubbish removal, cleaning and interior repairs

$3,900.00

Rubbish removal, cleaning and interior repairs

Replace damaged washing machine and dryer

$400.00

Replace damaged washing machine and dryer

Replace oven door

$126.50

Replace oven door

Replace damaged smoke detector

$502.32

Replace damaged smoke detector

Compensation for damage to carpet (depreciated 25

$4,097.00

Compensation for damage to carpet (depreciated 25

Filing fee reimbursement

$20.44

Filing fee reimbursement

Net award

$17,409.41

Total payable by Tenant to Landlord

$17,409.41

Reasons

Mr Hyams, a director of the landlord company, attended the hearing with his son as support. The tenant did not attend.

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

How much is owed for rent?

The tenancy ended on 9 July 2023. The landlord provided rent records which prove the amount of rent owing at the end of the tenancy.

Did the tenant comply with their obligations at the end of the tenancy?

The tenant did not leave the premises reasonably clean and tidy and did not remove all rubbish. The amount of rubbish to be removed was considerable.

Is the tenant responsible for the damage to the premises?

The landlord is not insured for tenant damage. The Body Corporate is insured for building damage, but a $5,000.00 excess applies to any claims.

Much of the damage would be regarded by the Tribunal as intentional damage.

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

The amounts ordered are proved by invoices and photos and by evidence given by Mr Hyams at the hearing.

On the successful application I have reimbursed the landlord the Tribunal filing fee.

Tenancy Tribunal case 4657692 — Property damage at Unit/Flat 506, 8 Ronayne Street, Auckland Central,

At a glance

Tenancy Tribunal case 4657692 — Property damage at Unit/Flat 506, 8 Ronayne Street, Auckland Central,

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