What was the outcome of Tenancy Tribunal case 4669569?

The tribunal order states: Te Aroha Rahina Moa must pay Reliable Rental Management Limited (T/A

How much money was awarded in case 4669569?

Property Damage: $135.00 awarded to landlord; Cleaning: $460.00 awarded to landlord; Cleaning: $1,725.00 awarded to landlord; Filing Fee: $20.44 awarded to landlord; Lawns and Garden Work: $230.00 awarded to landlord; Property Damage: $396.75 awarded to landlord; Power And Gas Bills (19/07/22 To 18/…: $2,280.53 awarded to landlord; Property Damage: $2,730.00 awarded to landlord; Rent Arrears: $2,160.71 awarded to landlord; Balcony Door Frame - INV-1131: $75.00 awarded to landlord; Ceiling Fan - INV-1131: $100.00 awarded to landlord; Glass installation for sliding door…: $285.00 awarded to landlord; Kitchen Cabinet Doors X3 - INV-1131: $315.00 awarded to landlord; Light Fixture - INV-1131: $75.00 awarded to landlord; Louvered Door Slats - INV-1131: $50.00 awarded to landlord; Oven - INV-1131: $260.00 awarded to landlord; Oven Bottom Wood Panel - INV-1131: $135.00 awarded to landlord; Sliding Door - INV-1131: $412.50 awarded to landlord; Window Curtain Track - INV-1131: $195.00 awarded to landlord; Wooden Door And Frame - INV-1131: $157.50 awarded to landlord; Replace furnishings: Door handles (s…: $80.00 awarded to landlord; Rubbish Removal: $805.00 awarded to landlord; Water Extraction And Carpet Dyer - I…: $1,138.50 awarded to landlord; Water Rates: $1,419.73 awarded to landlord

What type of tenancy dispute was case 4669569?

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

Where can I read the official tribunal order for case 4669569?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/9762962-Tenancy_Tribunal_Order.pdf.

What was the outcome of Tenancy Tribunal case 4669569?

The tribunal order states: Te Aroha Rahina Moa must pay Reliable Rental Management Limited (T/A

How much money was awarded in case 4669569?

Property Damage: $135.00 awarded to landlord; Cleaning: $460.00 awarded to landlord; Cleaning: $1,725.00 awarded to landlord; Filing Fee: $20.44 awarded to landlord; Lawns and Garden Work: $230.00 awarded to landlord; Property Damage: $396.75 awarded to landlord; Power And Gas Bills (19/07/22 To 18/…: $2,280.53 awarded to landlord; Property Damage: $2,730.00 awarded to landlord; Rent Arrears: $2,160.71 awarded to landlord; Balcony Door Frame - INV-1131: $75.00 awarded to landlord; Ceiling Fan - INV-1131: $100.00 awarded to landlord; Glass installation for sliding door…: $285.00 awarded to landlord; Kitchen Cabinet Doors X3 - INV-1131: $315.00 awarded to landlord; Light Fixture - INV-1131: $75.00 awarded to landlord; Louvered Door Slats - INV-1131: $50.00 awarded to landlord; Oven - INV-1131: $260.00 awarded to landlord; Oven Bottom Wood Panel - INV-1131: $135.00 awarded to landlord; Sliding Door - INV-1131: $412.50 awarded to landlord; Window Curtain Track - INV-1131: $195.00 awarded to landlord; Wooden Door And Frame - INV-1131: $157.50 awarded to landlord; Replace furnishings: Door handles (s…: $80.00 awarded to landlord; Rubbish Removal: $805.00 awarded to landlord; Water Extraction And Carpet Dyer - I…: $1,138.50 awarded to landlord; Water Rates: $1,419.73 awarded to landlord

What type of tenancy dispute was case 4669569?

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

Where can I read the official tribunal order for case 4669569?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/9762962-Tenancy_Tribunal_Order.pdf.

Unit/Flat A, 70 Patons Road, Howick, Auckland 2014 Tenancy Tribunal Case 4669569 — Property damage

Claims and awards in Tenancy Tribunal application 4669569 — net $12,241.66 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.

Claim

Landlord

Tenant

Reason

Rent arrears (1/08/23 to 18/08/23

$2,160.71

Rent arrears (1/08/23 to 18/08/23

Water rates (19/07/22 to 18/08/23

$1,419.73

Water rates (19/07/22 to 18/08/23

Power and gas bills (19/07/22 to 18/08/23

$2,280.53

Power and gas bills (19/07/22 to 18/08/23

Water extraction and carpet dyer - INV-0469

$1,138.50

Water extraction and carpet dyer - INV-0469

Carpet Cleaning: INV-0003419

$460.00

Carpet Cleaning: INV-0003419

Cleaning: INV-267449

$1,725.00

Cleaning: INV-267449

Rubbish removal: INV-267449

$805.00

Rubbish removal: INV-267449

Lawns and Garden work: INV-267449

$230.00

Lawns and Garden work: INV-267449

Lock/key replacement: INV-0038372

$396.75

Lock/key replacement: INV-0038372

Interior wall repair and painting - INV-1131

$2,730.00

Interior wall repair and painting - INV-1131

Repairs: Sliding door - INV-1131

$412.50

Repairs: Sliding door - INV-1131

Repairs: Glass installation for sliding door - INV-1131

$285.00

Repairs: Glass installation for sliding door - INV-1131

Repairs: Oven - INV-1131

$260.00

Repairs: Oven - INV-1131

Repairs: Light fixture - INV-1131

$75.00

Repairs: Light fixture - INV-1131

Replace furnishings: Door handles (set of 4) - INV-1131

$80.00

Replace furnishings: Door handles (set of 4) - INV-1131

Repairs: Balcony door frame - INV-1131

$75.00

Repairs: Balcony door frame - INV-1131

__________________________________________________________________________________ 46695692 Repairs: Bathroom drawer - I

$135.00

__________________________________________________________________________________ 46695692 Repairs: Bathroom drawer - I

Repairs: Kitchen cabinet doors x3 - INV-1131

$315.00

Repairs: Kitchen cabinet doors x3 - INV-1131

Repairs: Wooden door and frame - INV-1131

$157.50

Repairs: Wooden door and frame - INV-1131

Repairs: Ceiling fan - INV-1131

$100.00

Repairs: Ceiling fan - INV-1131

Repairs: Louvered door slats - INV-1131

$50.00

Repairs: Louvered door slats - INV-1131

Repairs: Window curtain track - INV-1131

$195.00

Repairs: Window curtain track - INV-1131

Repairs: Oven bottom wood panel - INV-1131

$135.00

Repairs: Oven bottom wood panel - INV-1131

Filing fee reimbursement

$20.44

Filing fee reimbursement

Net award

$12,241.66

Total payable by Tenant to Landlord

$12,241.66

Order

Te Aroha Rahina Moa must pay Reliable Rental Management Limited (T/A Harcourts Manurewa) $12,241.66 immediately, calculated as shown in table below.

The Bond Centre is to pay the bond of $3,400.00 (6460704-007) to Reliable Rental Management Limited (T/A Harcourts Manurewa) immediately. DescriptionLandlord Rent arrears (1/08/23 to 18/08/23)$2,160.71 Water rates (19/07/22 to 18/08/23)$1,419.73 Power and gas bills (19/07/22 to 18/08/23)$2,280.53 Water extraction and carpet dyer - INV-0469$1,138.50 Carpet Cleaning: INV-0003419$460.00 Cleaning: INV-267449$1,725.00 Rubbish removal: INV-267449$805.00 Lawns and Garden work: INV-267449$230.00 Lock/key replacement: INV-0038372$396.75 Interior wall repair and painting - INV-1131$2,730.00 Repairs: Sliding door - INV-1131$412.50 Repairs: Glass installation for sliding door - INV-1131$285.00 Repairs: Oven - INV-1131$260.00 Repairs: Light fixture - INV-1131$75.00 Replace furnishings: Door handles (set of 4) - INV-1131$80.00 Repairs: Balcony door frame - INV-1131$75.00 Repairs: Bathroom drawer - INV-1131$135.00 Repairs: Kitchen cabinet doors x3 - INV-1131$315.00 Repairs: Wooden door and frame - INV-1131$157.50 Repairs: Ceiling fan - INV-1131$100.00 Repairs: Louvered door slats - INV-1131$50.00 Repairs: Window curtain track - INV-1131$195.00 Repairs: Oven bottom wood panel - INV-1131$135.00 Filing fee reimbursement$20.44 Total award$15,641.66 Bond$3,400.00 Total payable by Tenant to Landlord$12,241.66

Reasons

Mr. Dai, appeared as the representative of the landlord at the hearing.

However, Ms. Moa, the tenant, did not appear. Mr. Dai informed me that he did not expect Ms. Moa to appear and that he had tried to contact her through text, phone calls, and email, but she did not respond to any of them. The last time Mr Dai spoke to her was on 18 August 2023, during a final inspection of the property. Mr Dai said this meeting was not scheduled. It happened by chance.

Tenancy Services had notified Ms Moa of the hearing date and time, but she still did not appear. Accordingly, the hearing is to proceed in Ms Moa's absence.

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, power, gas, and water rates?

The tenancy ended on 18 August 2023. The landlord provided rent records, power, gas and water rates invoices which prove the amount 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. The tenant is required to replace worn out smoke alarm batteries during the tenancy.

I reviewed the final inspection report dated 18 August 2023 with Mr Dai. I am more satisfied Ms Moa failed to comply with her obligations under the relevant Residential Tenancies Act. For instance, she did not leave the premises reasonably clean and tidy, rubbish was left on the property, and damage was done to the property.

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.

Mr Dai told me Ms Moa has 5 children. As far as Mr Dai could tell, the eldest is between 8 and 9 years. Some of the damages appeared to have been done by her children. For instance, there were drawings on the walls, and there was the force used to pull the drawers and force was used to pull wallpapers... etc.

I am more than satisfied that the damage in the table on page one of this decision was caused during the tenancy. 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.

Mr. Dai informed me that he began managing the property in July 2022, after the owner took possession of the house.

Mr. Dai agreed that the house was not newly constructed. Based on this information, I applied 35% depreciation for the repairs related to interior wall repair and painting, as well as for the oven. For the remaining repairs, I applied 25% depreciation. Damage was more likely fair wear and tear.

Mr. Dai failed to prove that the damage to the shower head and carpet threshold strip was not fair wear and tear. There was no evidence to suggest that the missing shower head was caused by anything other than regular use, despite a photograph being provided.

Similarly, the carpet threshold strip was located in a high-traffic area, where it was likely to be stepped on regularly by past and present occupants. There was no evidence to suggest that the damage was caused by carelessness or intentional actions Claims I declined to award compensation

I have decided not to grant compensation for the following repairs because Mr. Dai failed to prove to me, with evidence, that Ms. Moa was liable for the damage caused during the tenancy or that the previous occupants may have had a part in it.

These repairs are unclogging the bathroom drain and unblocking the toilet due to the accumulation of toilet paper. Filing fee

Because Reliable Rental Management Limited (T/A Harcourts Manurewa) has wholly succeeded with the claim I must reimburse the filing fee.

Claims and awards in Tenancy Tribunal application 4669569 — net $12,241.66 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.

Claim

Landlord

Tenant

Reason

Rent arrears (1/08/23 to 18/08/23

$2,160.71

Rent arrears (1/08/23 to 18/08/23

Water rates (19/07/22 to 18/08/23

$1,419.73

Water rates (19/07/22 to 18/08/23

Power and gas bills (19/07/22 to 18/08/23

$2,280.53

Power and gas bills (19/07/22 to 18/08/23

Water extraction and carpet dyer - INV-0469

$1,138.50

Water extraction and carpet dyer - INV-0469

Carpet Cleaning: INV-0003419

$460.00

Carpet Cleaning: INV-0003419

Cleaning: INV-267449

$1,725.00

Cleaning: INV-267449

Rubbish removal: INV-267449

$805.00

Rubbish removal: INV-267449

Lawns and Garden work: INV-267449

$230.00

Lawns and Garden work: INV-267449

Lock/key replacement: INV-0038372

$396.75

Lock/key replacement: INV-0038372

Interior wall repair and painting - INV-1131

$2,730.00

Interior wall repair and painting - INV-1131

Repairs: Sliding door - INV-1131

$412.50

Repairs: Sliding door - INV-1131

Repairs: Glass installation for sliding door - INV-1131

$285.00

Repairs: Glass installation for sliding door - INV-1131

Repairs: Oven - INV-1131

$260.00

Repairs: Oven - INV-1131

Repairs: Light fixture - INV-1131

$75.00

Repairs: Light fixture - INV-1131

Replace furnishings: Door handles (set of 4) - INV-1131

$80.00

Replace furnishings: Door handles (set of 4) - INV-1131

Repairs: Balcony door frame - INV-1131

$75.00

Repairs: Balcony door frame - INV-1131

__________________________________________________________________________________ 46695692 Repairs: Bathroom drawer - I

$135.00

__________________________________________________________________________________ 46695692 Repairs: Bathroom drawer - I

Repairs: Kitchen cabinet doors x3 - INV-1131

$315.00

Repairs: Kitchen cabinet doors x3 - INV-1131

Repairs: Wooden door and frame - INV-1131

$157.50

Repairs: Wooden door and frame - INV-1131

Repairs: Ceiling fan - INV-1131

$100.00

Repairs: Ceiling fan - INV-1131

Repairs: Louvered door slats - INV-1131

$50.00

Repairs: Louvered door slats - INV-1131

Repairs: Window curtain track - INV-1131

$195.00

Repairs: Window curtain track - INV-1131

Repairs: Oven bottom wood panel - INV-1131

$135.00

Repairs: Oven bottom wood panel - INV-1131

Filing fee reimbursement

$20.44

Filing fee reimbursement

Net award

$12,241.66

Total payable by Tenant to Landlord

$12,241.66

Order

Te Aroha Rahina Moa must pay Reliable Rental Management Limited (T/A Harcourts Manurewa) $12,241.66 immediately, calculated as shown in table below.
The Bond Centre is to pay the bond of $3,400.00 (6460704-007) to Reliable Rental Management Limited (T/A Harcourts Manurewa) immediately. DescriptionLandlord Rent arrears (1/08/23 to 18/08/23)$2,160.71 Water rates (19/07/22 to 18/08/23)$1,419.73 Power and gas bills (19/07/22 to 18/08/23)$2,280.53 Water extraction and carpet dyer - INV-0469$1,138.50 Carpet Cleaning: INV-0003419$460.00 Cleaning: INV-267449$1,725.00 Rubbish removal: INV-267449$805.00 Lawns and Garden work: INV-267449$230.00 Lock/key replacement: INV-0038372$396.75 Interior wall repair and painting - INV-1131$2,730.00 Repairs: Sliding door - INV-1131$412.50 Repairs: Glass installation for sliding door - INV-1131$285.00 Repairs: Oven - INV-1131$260.00 Repairs: Light fixture - INV-1131$75.00 Replace furnishings: Door handles (set of 4) - INV-1131$80.00 Repairs: Balcony door frame - INV-1131$75.00 Repairs: Bathroom drawer - INV-1131$135.00 Repairs: Kitchen cabinet doors x3 - INV-1131$315.00 Repairs: Wooden door and frame - INV-1131$157.50 Repairs: Ceiling fan - INV-1131$100.00 Repairs: Louvered door slats - INV-1131$50.00 Repairs: Window curtain track - INV-1131$195.00 Repairs: Oven bottom wood panel - INV-1131$135.00 Filing fee reimbursement$20.44 Total award$15,641.66 Bond$3,400.00 Total payable by Tenant to Landlord$12,241.66

Reasons

Mr. Dai, appeared as the representative of the landlord at the hearing.
However, Ms. Moa, the tenant, did not appear. Mr. Dai informed me that he did not expect Ms. Moa to appear and that he had tried to contact her through text, phone calls, and email, but she did not respond to any of them. The last time Mr Dai spoke to her was on 18 August 2023, during a final inspection of the property. Mr Dai said this meeting was not scheduled. It happened by chance.
Tenancy Services had notified Ms Moa of the hearing date and time, but she still did not appear. Accordingly, the hearing is to proceed in Ms Moa's absence.
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, power, gas, and water rates?

The tenancy ended on 18 August 2023. The landlord provided rent records, power, gas and water rates invoices which prove the amount 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. The tenant is required to replace worn out smoke alarm batteries during the tenancy.
I reviewed the final inspection report dated 18 August 2023 with Mr Dai. I am more satisfied Ms Moa failed to comply with her obligations under the relevant Residential Tenancies Act. For instance, she did not leave the premises reasonably clean and tidy, rubbish was left on the property, and damage was done to the property.
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.
Mr Dai told me Ms Moa has 5 children. As far as Mr Dai could tell, the eldest is between 8 and 9 years. Some of the damages appeared to have been done by her children. For instance, there were drawings on the walls, and there was the force used to pull the drawers and force was used to pull wallpapers... etc.
I am more than satisfied that the damage in the table on page one of this decision was caused during the tenancy. 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.
Mr. Dai informed me that he began managing the property in July 2022, after the owner took possession of the house.
Mr. Dai agreed that the house was not newly constructed. Based on this information, I applied 35% depreciation for the repairs related to interior wall repair and painting, as well as for the oven. For the remaining repairs, I applied 25% depreciation. Damage was more likely fair wear and tear.
Mr. Dai failed to prove that the damage to the shower head and carpet threshold strip was not fair wear and tear. There was no evidence to suggest that the missing shower head was caused by anything other than regular use, despite a photograph being provided.
Similarly, the carpet threshold strip was located in a high-traffic area, where it was likely to be stepped on regularly by past and present occupants. There was no evidence to suggest that the damage was caused by carelessness or intentional actions Claims I declined to award compensation
I have decided not to grant compensation for the following repairs because Mr. Dai failed to prove to me, with evidence, that Ms. Moa was liable for the damage caused during the tenancy or that the previous occupants may have had a part in it.
These repairs are unclogging the bathroom drain and unblocking the toilet due to the accumulation of toilet paper. Filing fee
Because Reliable Rental Management Limited (T/A Harcourts Manurewa) has wholly succeeded with the claim I must reimburse the filing fee.

Tenancy Tribunal case 4669569 — Property damage at Unit/Flat A, 70 Patons Road, Howick, Auckland 2014

At a glance

Tenancy Tribunal case 4669569 — Property damage at Unit/Flat A, 70 Patons Road, Howick, Auckland 2014

At a glance

Award balance

Claims & awards

Order

Reasons

How much is owed for rent, power, gas, 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, power, gas, 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