What was the outcome of Tenancy Tribunal case 4674390?

The tribunal order states: Alfred Misileki must pay Mighty Bright Holdings Limited $1,562.35 immediately,

How much money was awarded in case 4674390?

Previous Order Application 4674390 D…: $1,129.00 awarded to landlord; Property Damage: $158.50 awarded to landlord; Rubbish Removal: $274.85 awarded to landlord

What type of tenancy dispute was case 4674390?

The primary dispute was Property damage.

Where can I read the official tribunal order for case 4674390?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/9661753-Tribunal_Order.pdf.

What was the outcome of Tenancy Tribunal case 4674390?

The tribunal order states: Alfred Misileki must pay Mighty Bright Holdings Limited $1,562.35 immediately,

How much money was awarded in case 4674390?

Previous Order Application 4674390 D…: $1,129.00 awarded to landlord; Property Damage: $158.50 awarded to landlord; Rubbish Removal: $274.85 awarded to landlord

What type of tenancy dispute was case 4674390?

The primary dispute was Property damage.

Where can I read the official tribunal order for case 4674390?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/9661753-Tribunal_Order.pdf.

Unit/Flat 1, 22 Franklin Avenue, Papatoetoe, Auckland 2024 Tenancy Tribunal Case 4674390 — Property damage

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Unit/Flat 1, 22 Franklin Avenue, Papatoetoe, Auckland 2024 Tenancy Tribunal Case 4674390 — 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 4674390 — net $1,562.35 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Previous order application 4674390 dated 19/10/2023	$1,129.00	Previous order application 4674390 dated 19/10/2023
Rubbish removal	$274.85	Rubbish removal
Lock/key replacement	$158.50	Lock/key replacement
Net award	$1,562.35
Total payable by Tenant to Landlord	$1,562.35

Claims and awards for application 4674390 — net $1,562.35 NZD. Verify on MoJ.

Previous order application 4674390 dated 19/10/2023

Amount: $1,129.00
Awarded to: Landlord
Reason: Previous order application 4674390 dated 19/10/2023

Rubbish removal

Amount: $274.85
Awarded to: Landlord
Reason: Rubbish removal

Lock/key replacement

Amount: $158.50
Awarded to: Landlord
Reason: Lock/key replacement

Net award

Landlord $1,562.35

Total payable by Tenant to Landlord

Landlord $1,562.35

Claim types — money lines allowed on this order

Property damage Rubbish Removal

Order

Alfred Misileki must pay Mighty Bright Holdings Limited $1,562.35 immediately, calculated as shown in table below.
This order incorporates the Tribunal order made on 19 October 2023 under this same application number.

Reasons

On the 19 October 2023 I made an order for rent arrears and water rates arrears and the filing fee. I adjourned the landlord’s claims for compensation for cleaning, rubbish removal, failure to return the garage door remote and interference with the smoke alarms to allow the tenant to have sufficient time to respond to those claims.
My order of the 19 October 2023 is incorporated into this order for enforcement purposes.
At today’s hearing only the landlord attended. The tenant was called twice but each time the call went to answerphone. I am satisfied that the tenant was aware of today’s hearing and have proceeded in his absence.

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 leave the premises reasonably clean and tidy, and did not remove all rubbish.
The tenant did not return the garage door remote.
Whilst I am satisfied that the tenant removed one of the smoke alarms, and removed the batteries in breach of his obligations in s40(1)(ca) of the RTA I make no award for compensation because there was no loss. Compensation restores the party to the position that they would have been in had the breach not occurred, As the landlord has not suffered any loss arising from the breach then no compensation should be awarded.
Parliament has declared certain acts in the Residential Tenancies Act to be unlawful acts that attract exemplary damages. Exemplary damages are punitive in nature they are aimed to deter and punish a party who breaches. A breach of s40(1)(ca) interference with a smoke alarm by a tenant is NOT an unlawful act under the RTA and therefore no exemplary damages can be awarded.
The amounts awarded are proven.

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 4674390 — net $1,562.35 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Previous order application 4674390 dated 19/10/2023	$1,129.00	Previous order application 4674390 dated 19/10/2023
Rubbish removal	$274.85	Rubbish removal
Lock/key replacement	$158.50	Lock/key replacement
Net award	$1,562.35
Total payable by Tenant to Landlord	$1,562.35

Claims and awards for application 4674390 — net $1,562.35 NZD. Verify on MoJ.

Previous order application 4674390 dated 19/10/2023

Amount: $1,129.00
Awarded to: Landlord
Reason: Previous order application 4674390 dated 19/10/2023

Rubbish removal

Amount: $274.85
Awarded to: Landlord
Reason: Rubbish removal

Lock/key replacement

Amount: $158.50
Awarded to: Landlord
Reason: Lock/key replacement

Net award

Landlord $1,562.35

Total payable by Tenant to Landlord

Landlord $1,562.35

Claim types — money lines allowed on this order

Property damage Rubbish Removal

Order

Alfred Misileki must pay Mighty Bright Holdings Limited $1,562.35 immediately, calculated as shown in table below.
This order incorporates the Tribunal order made on 19 October 2023 under this same application number.

Reasons

On the 19 October 2023 I made an order for rent arrears and water rates arrears and the filing fee. I adjourned the landlord’s claims for compensation for cleaning, rubbish removal, failure to return the garage door remote and interference with the smoke alarms to allow the tenant to have sufficient time to respond to those claims.
My order of the 19 October 2023 is incorporated into this order for enforcement purposes.
At today’s hearing only the landlord attended. The tenant was called twice but each time the call went to answerphone. I am satisfied that the tenant was aware of today’s hearing and have proceeded in his absence.

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 leave the premises reasonably clean and tidy, and did not remove all rubbish.
The tenant did not return the garage door remote.
Whilst I am satisfied that the tenant removed one of the smoke alarms, and removed the batteries in breach of his obligations in s40(1)(ca) of the RTA I make no award for compensation because there was no loss. Compensation restores the party to the position that they would have been in had the breach not occurred, As the landlord has not suffered any loss arising from the breach then no compensation should be awarded.
Parliament has declared certain acts in the Residential Tenancies Act to be unlawful acts that attract exemplary damages. Exemplary damages are punitive in nature they are aimed to deter and punish a party who breaches. A breach of s40(1)(ca) interference with a smoke alarm by a tenant is NOT an unlawful act under the RTA and therefore no exemplary damages can be awarded.
The amounts awarded are proven.

Tenancy Tribunal case 4674390 — Property damage at Unit/Flat 1, 22 Franklin Avenue, Papatoetoe, Auckland 2024

At a glance

Tenancy Tribunal case 4674390 — Property damage at Unit/Flat 1, 22 Franklin Avenue, Papatoetoe, Auckland 2024

At a glance

Award balance

Claims & awards

Order

Reasons

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

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?

Topics & place

Residential Tenancies Act sections

Key findings

Property management

Frequently asked questions