What was the outcome of Tenancy Tribunal case 4718189?

The tribunal order states: Amy Lee Hotene and Kayne Anaru Puru must pay Huidong William Li

How much money was awarded in case 4718189?

Filing Fee: $20.44 awarded to landlord; Property Damage: $3,945.00 awarded to landlord; Property Damage: $345.00 awarded to landlord; Property Damage: $10.90 awarded to landlord; Property Damage: $111.82 awarded to landlord; Replace Carpet: $1,325.00 awarded to landlord; Rubbish Removal: $244.22 awarded to landlord; Smoke Alarms: $13.58 awarded to landlord

What type of tenancy dispute was case 4718189?

The primary dispute was Property damage. Related themes: Smoke alarms.

Where can I read the official tribunal order for case 4718189?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/10598008-Tribunal_Order.pdf.

What was the outcome of Tenancy Tribunal case 4718189?

The tribunal order states: Amy Lee Hotene and Kayne Anaru Puru must pay Huidong William Li

How much money was awarded in case 4718189?

Filing Fee: $20.44 awarded to landlord; Property Damage: $3,945.00 awarded to landlord; Property Damage: $345.00 awarded to landlord; Property Damage: $10.90 awarded to landlord; Property Damage: $111.82 awarded to landlord; Replace Carpet: $1,325.00 awarded to landlord; Rubbish Removal: $244.22 awarded to landlord; Smoke Alarms: $13.58 awarded to landlord

What type of tenancy dispute was case 4718189?

The primary dispute was Property damage. Related themes: Smoke alarms.

Where can I read the official tribunal order for case 4718189?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/10598008-Tribunal_Order.pdf.

88A Paremoremo Road, Lucas Heights, Auckland 0632 Tenancy Tribunal Case 4718189 — Property damage

Order

Amy Lee Hotene and Kayne Anaru Puru must pay Huidong William Li $6,015.96 immediately, calculated as shown in table below. DescriptionLandlord Internal wall/ceiling repairs and repainting$3,945.00 Replace carpet$1,325.00 Repairs kitchen cabinet$345.00 Key replacement$10.90 Replace smoke alarms$13.58 Repair shower door$111.82 Rubbish removal$244.22 Filing fee reimbursement$20.44 Total award$6,015.96

Reasons

Claims and awards in Tenancy Tribunal application 4718189. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Internal wall/ceiling repairs and repainting	$3,945.00	Internal wall/ceiling repairs and repainting
Replace carpet	$1,325.00	Replace carpet
Repairs kitchen cabinet	$345.00	Repairs kitchen cabinet
Key replacement	$10.90	Key replacement
Replace smoke alarms	$13.58	Replace smoke alarms
Repair shower door	$111.82	Repair shower door
Rubbish removal	$244.22	Rubbish removal
Filing fee reimbursement	$20.44	Filing fee reimbursement

Huidong Li attended the hearing for himself.

The tenants did not attend. The hearing proceeded in their absence.

The landlord has applied for compensation and reimbursement of the filing fee following the end of the tenancy.

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

At the end of the tenancy, tenants must remove all rubbish, return all keys and security devices, and leave all chattels provided for their benefit. 1

The tenant did not remove all their rubbish and failed to return a key.

A smoke alarm was missing at the end of the tenancy.

The landlord had to remove the rubbish himself and replace the key and the smoke alarm. He provided invoices for the Gorilla Bin service, a new key, and a replacement smoke alarm.

The amounts ordered are proved.

Is the tenant responsible for the damage to the premises?

The landlord says that during the tenancy, the tenants damaged the premises by putting a hole in the living room wall, removing a smoke alarm from a ceiling leaving screw holes marks, broke the shower door, allowed their children to scribble on the walls, damaged three wardrobes, broke kitchen cabinetry, damaged an LPG gas pipe, and ruined the carpets by dropping chewing and drinks on it and allowing pets to urinate on the carpets

To succeed in a damage claim, landlords 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.

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. 2

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. 3

I am satisfied the damage claimed occurred during the tenancy and is more than fair wear and tear. The tenants have not disproved liability for the damage. 1 Residential Tenancies Act 1986 (RTA), s 40(1)(e). 2 RTA, s 49B(1). 3 Guo v Korck [2019] NZHC 1541.

I have considered betterment and depreciation. The landlord should be returned to the position they would have been in had the tenants not breached their obligations and should not be better or worse off. The cost of repainting is reduced by $1,000.00 because the house’s internal walls had not been for five years. The cost to replace the carpets is reduced by 50 per cent because the carpet was five years old, and carpet is generally expected to have a useful life of about 10 years.

The amounts ordered are proved. Filing fee

The tenants must reimburse the landlord for the filing fee.

Claims and awards in Tenancy Tribunal application 4718189. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Internal wall/ceiling repairs and repainting	$3,945.00	Internal wall/ceiling repairs and repainting
Replace carpet	$1,325.00	Replace carpet
Repairs kitchen cabinet	$345.00	Repairs kitchen cabinet
Key replacement	$10.90	Key replacement
Replace smoke alarms	$13.58	Replace smoke alarms
Repair shower door	$111.82	Repair shower door
Rubbish removal	$244.22	Rubbish removal
Filing fee reimbursement	$20.44	Filing fee reimbursement

Order

Reasons

Huidong Li attended the hearing for himself.
The tenants did not attend. The hearing proceeded in their absence.
The landlord has applied for compensation and reimbursement of the filing fee following the end of the tenancy.

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

At the end of the tenancy, tenants must remove all rubbish, return all keys and security devices, and leave all chattels provided for their benefit. 1
The tenant did not remove all their rubbish and failed to return a key.
A smoke alarm was missing at the end of the tenancy.
The landlord had to remove the rubbish himself and replace the key and the smoke alarm. He provided invoices for the Gorilla Bin service, a new key, and a replacement smoke alarm.
The amounts ordered are proved.

Is the tenant responsible for the damage to the premises?

The landlord says that during the tenancy, the tenants damaged the premises by putting a hole in the living room wall, removing a smoke alarm from a ceiling leaving screw holes marks, broke the shower door, allowed their children to scribble on the walls, damaged three wardrobes, broke kitchen cabinetry, damaged an LPG gas pipe, and ruined the carpets by dropping chewing and drinks on it and allowing pets to urinate on the carpets
To succeed in a damage claim, landlords 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.
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. 2
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. 3
I am satisfied the damage claimed occurred during the tenancy and is more than fair wear and tear. The tenants have not disproved liability for the damage. 1 Residential Tenancies Act 1986 (RTA), s 40(1)(e). 2 RTA, s 49B(1). 3 Guo v Korck [2019] NZHC 1541.
I have considered betterment and depreciation. The landlord should be returned to the position they would have been in had the tenants not breached their obligations and should not be better or worse off. The cost of repainting is reduced by $1,000.00 because the house’s internal walls had not been for five years. The cost to replace the carpets is reduced by 50 per cent because the carpet was five years old, and carpet is generally expected to have a useful life of about 10 years.
The amounts ordered are proved. Filing fee
The tenants must reimburse the landlord for the filing fee.

Tenancy Tribunal case 4718189 — Property damage at 88A Paremoremo Road, Lucas Heights, Auckland 0632

At a glance

Tenancy Tribunal case 4718189 — Property damage at 88A Paremoremo Road, Lucas Heights, Auckland 0632

At a glance

Claims & awards

Order

Reasons

Did the tenants 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

Frequently asked questions

Claims & awards

Order

Reasons

Did the tenants 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

Frequently asked questions