What was the outcome of Tenancy Tribunal case 4702611?

The tribunal order states: Erika Tane must pay Auckland Rentals Limited T/As City Apartments Limited

How much money was awarded in case 4702611?

Cleaning: $700.00 awarded to landlord; Filing Fee: $20.44 awarded to landlord; Property Damage: $460.00 awarded to landlord; Doors, Walls, Toilet: $1,969.99 awarded to landlord; Replace Furnishings: Double Bed Base: $419.75 awarded to landlord; Replace Furnishings: Wall Heaters: $1,014.30 awarded to landlord

What type of tenancy dispute was case 4702611?

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

Where can I read the official tribunal order for case 4702611?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/10110571-Tenancy_Tribunal_Order.pdf.

What was the outcome of Tenancy Tribunal case 4702611?

The tribunal order states: Erika Tane must pay Auckland Rentals Limited T/As City Apartments Limited

How much money was awarded in case 4702611?

Cleaning: $700.00 awarded to landlord; Filing Fee: $20.44 awarded to landlord; Property Damage: $460.00 awarded to landlord; Doors, Walls, Toilet: $1,969.99 awarded to landlord; Replace Furnishings: Double Bed Base: $419.75 awarded to landlord; Replace Furnishings: Wall Heaters: $1,014.30 awarded to landlord

What type of tenancy dispute was case 4702611?

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

Where can I read the official tribunal order for case 4702611?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/10110571-Tenancy_Tribunal_Order.pdf.

Unit/Flat 624, 21 Whitaker Place, Grafton, Auckland 1010, Tenancy Tribunal Case 4702611 — Property damage

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Unit/Flat 624, 21 Whitaker Place, Grafton, Auckland 1010, Tenancy Tribunal Case 4702611 — 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 4702611 — net $2,984.48 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Repairs: Doors, walls, toilet	$1,969.99	Repairs: Doors, walls, toilet
Replace furnishings: Double bed base	$419.75	Replace furnishings: Double bed base
Lock/key replacement: Swipe cards x 2 and keys x2	$460.00	Lock/key replacement: Swipe cards x 2 and keys x2
Replace furnishings: Wall heaters	$1,014.30	Replace furnishings: Wall heaters
Cleaning	$700.00	Cleaning
Filing fee reimbursement	$20.44	Filing fee reimbursement
Net award	$2,984.48
Total payable by Tenant to Landlord	$2,984.48

Claims and awards for application 4702611 — net $2,984.48 NZD. Verify on MoJ.

Repairs: Doors, walls, toilet

Amount: $1,969.99
Awarded to: Landlord
Reason: Repairs: Doors, walls, toilet

Replace furnishings: Double bed base

Amount: $419.75
Awarded to: Landlord
Reason: Replace furnishings: Double bed base

Lock/key replacement: Swipe cards x 2 and keys x2

Amount: $460.00
Awarded to: Landlord
Reason: Lock/key replacement: Swipe cards x 2 and keys x2

Replace furnishings: Wall heaters

Amount: $1,014.30
Awarded to: Landlord
Reason: Replace furnishings: Wall heaters

Cleaning

Amount: $700.00
Awarded to: Landlord
Reason

Claim types — money lines allowed on this order

Cleanliness Filing Fee Property damage

Order

Erika Tane must pay Auckland Rentals Limited T/As City Apartments Limited $2,984.48 immediately, calculated as shown in table below.
The Bond Centre is to pay the bond of $1,600.00 (6027243-004) to Auckland Rentals Limited T/As City Apartments Limited immediately.

Reasons

The Landlord attended the hearing. The Tenant did not appear.
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. 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 Landlord had to arrange cleaning and provided an invoice, ingoing and outgoing inspection report which showed the property required cleaning.
The tenant did not return two keys and two swipe cards. An invoice was provided for the replacements.
The following chattels were missing at the end of the tenancy: Double bed base. An invoice was provided for the replacement.
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.
The following damage was caused during the tenancy: multiple wall holes and scratches on the wall, smashed hand basin, broken toilet frame, broken main door and three bedroom doors and broken wall heaters. Ingoing, outgoing inspection reports and an invoice was provided to substantiate the 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.
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.
As Auckland Rentals Limited T/As City Apartments Limited has wholly succeeded with the claim the Tenant must reimburse the filing fee.

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 4702611 — net $2,984.48 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Repairs: Doors, walls, toilet	$1,969.99	Repairs: Doors, walls, toilet
Replace furnishings: Double bed base	$419.75	Replace furnishings: Double bed base
Lock/key replacement: Swipe cards x 2 and keys x2	$460.00	Lock/key replacement: Swipe cards x 2 and keys x2
Replace furnishings: Wall heaters	$1,014.30	Replace furnishings: Wall heaters
Cleaning	$700.00	Cleaning
Filing fee reimbursement	$20.44	Filing fee reimbursement
Net award	$2,984.48
Total payable by Tenant to Landlord	$2,984.48

Claims and awards for application 4702611 — net $2,984.48 NZD. Verify on MoJ.

Repairs: Doors, walls, toilet

Amount: $1,969.99
Awarded to: Landlord
Reason: Repairs: Doors, walls, toilet

Replace furnishings: Double bed base

Amount: $419.75
Awarded to: Landlord
Reason: Replace furnishings: Double bed base

Lock/key replacement: Swipe cards x 2 and keys x2

Amount: $460.00
Awarded to: Landlord
Reason: Lock/key replacement: Swipe cards x 2 and keys x2

Replace furnishings: Wall heaters

Amount: $1,014.30
Awarded to: Landlord
Reason: Replace furnishings: Wall heaters

Cleaning

Amount: $700.00
Awarded to: Landlord
Reason

Claim types — money lines allowed on this order

Cleanliness Filing Fee Property damage

Order

Erika Tane must pay Auckland Rentals Limited T/As City Apartments Limited $2,984.48 immediately, calculated as shown in table below.
The Bond Centre is to pay the bond of $1,600.00 (6027243-004) to Auckland Rentals Limited T/As City Apartments Limited immediately.

Reasons

The Landlord attended the hearing. The Tenant did not appear.
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. 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 Landlord had to arrange cleaning and provided an invoice, ingoing and outgoing inspection report which showed the property required cleaning.
The tenant did not return two keys and two swipe cards. An invoice was provided for the replacements.
The following chattels were missing at the end of the tenancy: Double bed base. An invoice was provided for the replacement.
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.
The following damage was caused during the tenancy: multiple wall holes and scratches on the wall, smashed hand basin, broken toilet frame, broken main door and three bedroom doors and broken wall heaters. Ingoing, outgoing inspection reports and an invoice was provided to substantiate the 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.
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.
As Auckland Rentals Limited T/As City Apartments Limited has wholly succeeded with the claim the Tenant must reimburse the filing fee.

Tenancy Tribunal case 4702611 — Property damage at Unit/Flat 624, 21 Whitaker Place, Grafton, Auckland 1010,

At a glance

Tenancy Tribunal case 4702611 — Property damage at Unit/Flat 624, 21 Whitaker Place, Grafton, Auckland 1010,

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