What was the outcome of Tenancy Tribunal case 4732129?

The tribunal order states: Krystal Kiri Aroha Kauri and Jaskaran Singh Gill must pay Sunshine Property

How much money was awarded in case 4732129?

Rubbish Removal: $1,173.00 awarded to landlord; Cleaning: $250.00 awarded to landlord; Filing Fee: $20.44 awarded to landlord; Property Damage: $80.00 awarded to landlord; Property Damage: $396.75 awarded to landlord; Garage Walls (Limited To Excess: $750.00 awarded to landlord; Waste Disposal Unit: $138.00 awarded to landlord; Replace Missing Airconditioner Remot…: $185.00 awarded to landlord; Water Rates: $588.91 awarded to landlord

What type of tenancy dispute was case 4732129?

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

Where can I read the official tribunal order for case 4732129?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/10330499-Tenancy_Tribunal_Order.pdf.

What was the outcome of Tenancy Tribunal case 4732129?

The tribunal order states: Krystal Kiri Aroha Kauri and Jaskaran Singh Gill must pay Sunshine Property

How much money was awarded in case 4732129?

Rubbish Removal: $1,173.00 awarded to landlord; Cleaning: $250.00 awarded to landlord; Filing Fee: $20.44 awarded to landlord; Property Damage: $80.00 awarded to landlord; Property Damage: $396.75 awarded to landlord; Garage Walls (Limited To Excess: $750.00 awarded to landlord; Waste Disposal Unit: $138.00 awarded to landlord; Replace Missing Airconditioner Remot…: $185.00 awarded to landlord; Water Rates: $588.91 awarded to landlord

What type of tenancy dispute was case 4732129?

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

Where can I read the official tribunal order for case 4732129?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/10330499-Tenancy_Tribunal_Order.pdf.

19 Popokatea Drive, Takanini, Takanini 2112 Tenancy Tribunal Case 4732129 — Property damage

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Claims and awards in Tenancy Tribunal application 4732129 — net $3,582.10 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Repairs: waste disposal unit	$138.00	Repairs: waste disposal unit
Water rates	$588.91	2. The landlord has applied for water rates arrears, compensation, and reimbursement of the filing fee following the end of the tenancy.
Loss arising from damaged sink from cigarette burns	$80.00	Loss arising from damaged sink from cigarette burns
Repairs: garage walls (limited to excess	$750.00	Repairs: garage walls (limited to excess
Cleaning: including carpet cleaning, stain removal and rubbish removal	$1,173.00	Cleaning: including carpet cleaning, stain removal and rubbish removal
Cleaning: removal of graffiti from fence	$250.00	Cleaning: removal of graffiti from fence
Lock/key replacement	$396.75	Lock/key replacement
Replace missing airconditioner remote	$185.00	Replace missing airconditioner remote
Filing fee reimbursement	$20.44	Filing fee reimbursement
Net award	$3,582.10
Total payable by Tenant to Landlord	$3,582.10

Claims and awards in Tenancy Tribunal application 4732129 — net $3,582.10 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.

Claim

Landlord

Tenant

Reason

Repairs: waste disposal unit

$138.00

Repairs: waste disposal unit

Water rates

$588.91

2. The landlord has applied for water rates arrears, compensation, and reimbursement of the filing fee following the end of the tenancy.

Loss arising from damaged sink from cigarette burns

$80.00

Loss arising from damaged sink from cigarette burns

Repairs: garage walls (limited to excess

$750.00

Repairs: garage walls (limited to excess

Cleaning: including carpet cleaning, stain removal and rubbish removal

$1,173.00

Cleaning: including carpet cleaning, stain removal and rubbish removal

Cleaning: removal of graffiti from fence

$250.00

Cleaning: removal of graffiti from fence

Lock/key replacement

$396.75

Lock/key replacement

Replace missing airconditioner remote

$185.00

Replace missing airconditioner remote

Filing fee reimbursement

$20.44

Filing fee reimbursement

Net award

$3,582.10

Total payable by Tenant to Landlord

$3,582.10

Reasons

Only the tenant attended the hearing.

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

How much is owed for water rates?

The tenancy ended on 29 October 2023. The landlord provided 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 did not leave the premises reasonably clean and tidy, and did not remove all rubbish.

The tenant did not return the keys and air conditioning remote.

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 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: waste disposal unit, sink and garage walls. The damage is more than fair wear and tear, and the tenant has not disproved liability for the damage.

Where the claim is covered by the landlord's insurance, the tenant's liability has been limited to the lesser of the insurance excess accordingly.

Only the amounts ordered are proved.

Claims and awards in Tenancy Tribunal application 4732129 — net $3,582.10 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Repairs: waste disposal unit	$138.00	Repairs: waste disposal unit
Water rates	$588.91	2. The landlord has applied for water rates arrears, compensation, and reimbursement of the filing fee following the end of the tenancy.
Loss arising from damaged sink from cigarette burns	$80.00	Loss arising from damaged sink from cigarette burns
Repairs: garage walls (limited to excess	$750.00	Repairs: garage walls (limited to excess
Cleaning: including carpet cleaning, stain removal and rubbish removal	$1,173.00	Cleaning: including carpet cleaning, stain removal and rubbish removal
Cleaning: removal of graffiti from fence	$250.00	Cleaning: removal of graffiti from fence
Lock/key replacement	$396.75	Lock/key replacement
Replace missing airconditioner remote	$185.00	Replace missing airconditioner remote
Filing fee reimbursement	$20.44	Filing fee reimbursement
Net award	$3,582.10
Total payable by Tenant to Landlord	$3,582.10

Claims and awards in Tenancy Tribunal application 4732129 — net $3,582.10 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.

Claim

Landlord

Tenant

Reason

Repairs: waste disposal unit

$138.00

Repairs: waste disposal unit

Water rates

$588.91

2. The landlord has applied for water rates arrears, compensation, and reimbursement of the filing fee following the end of the tenancy.

Loss arising from damaged sink from cigarette burns

$80.00

Loss arising from damaged sink from cigarette burns

Repairs: garage walls (limited to excess

$750.00

Repairs: garage walls (limited to excess

Cleaning: including carpet cleaning, stain removal and rubbish removal

$1,173.00

Cleaning: including carpet cleaning, stain removal and rubbish removal

Cleaning: removal of graffiti from fence

$250.00

Cleaning: removal of graffiti from fence

Lock/key replacement

$396.75

Lock/key replacement

Replace missing airconditioner remote

$185.00

Replace missing airconditioner remote

Filing fee reimbursement

$20.44

Filing fee reimbursement

Net award

$3,582.10

Total payable by Tenant to Landlord

$3,582.10

Reasons

Only the tenant attended the hearing.

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

How much is owed for water rates?

The tenancy ended on 29 October 2023. The landlord provided 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?

The tenant did not leave the premises reasonably clean and tidy, and did not remove all rubbish.

The tenant did not return the keys and air conditioning remote.

The amounts ordered are proved.

Is the tenant responsible for the damage to the premises?

The following damage was caused during the tenancy: waste disposal unit, sink and garage walls. The damage is more than fair wear and tear, and the tenant has not disproved liability for the damage.

Where the claim is covered by the landlord's insurance, the tenant's liability has been limited to the lesser of the insurance excess accordingly.

Only the amounts ordered are proved.

Tenancy Tribunal case 4732129 — Property damage at 19 Popokatea Drive, Takanini, Takanini 2112

At a glance

Tenancy Tribunal case 4732129 — Property damage at 19 Popokatea Drive, Takanini, Takanini 2112

At a glance

Award balance

Claims & awards

Order

Reasons

How much is owed for 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 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