What was the outcome of Tenancy Tribunal case 4774957?

The tribunal order states: Tereapii Ngametua and April Ngametua to pay YONGGEON KIM $2,320.00

How much money was awarded in case 4774957?

Cleaning: $200.00 awarded to landlord; Rent Arrears: $290.00 awarded to landlord; Floor: $1,000.00 awarded to landlord; Walls: $830.00 awarded to landlord

What type of tenancy dispute was case 4774957?

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

Where can I read the official tribunal order for case 4774957?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/10325169-Tenancy_Tribunal_Order.pdf.

What was the outcome of Tenancy Tribunal case 4774957?

The tribunal order states: Tereapii Ngametua and April Ngametua to pay YONGGEON KIM $2,320.00

How much money was awarded in case 4774957?

Cleaning: $200.00 awarded to landlord; Rent Arrears: $290.00 awarded to landlord; Floor: $1,000.00 awarded to landlord; Walls: $830.00 awarded to landlord

What type of tenancy dispute was case 4774957?

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

Where can I read the official tribunal order for case 4774957?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/10325169-Tenancy_Tribunal_Order.pdf.

6 Chadwick Crescent, Mangere East, Auckland 2024 Tenancy Tribunal Case 4774957 — Property damage

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6 Chadwick Crescent, Mangere East, Auckland 2024 Tenancy Tribunal Case 4774957 — 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 4774957 — net $2,320.00 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears	$290.00	Rent arrears
Cleaning	$200.00	Cleaning
Repairs: floor	$1,000.00	Repairs: floor
Repairs: walls	$830.00	Repairs: walls
Net award	$2,320.00
Bond	$2,320.00
Total payable by Tenant to Landlord	$2,320.00

Claims and awards for application 4774957 — net $2,320.00 NZD. Verify on MoJ.

Rent arrears

Amount: $290.00
Awarded to: Landlord
Reason: Rent arrears

Cleaning

Amount: $200.00
Awarded to: Landlord
Reason: Cleaning

Repairs: floor

Amount: $1,000.00
Awarded to: Landlord
Reason: Repairs: floor

Repairs: walls

Amount: $830.00
Awarded to: Landlord
Reason: Repairs: walls

Net award

Landlord $2,320.00

Bond

Landlord $2,320.00

Total payable by Tenant to Landlord

Landlord $2,320.00

Claim types — money lines allowed on this order

Cleanliness Rent arrears Property damage

Order

Tereapii Ngametua and April Ngametua to pay YONGGEON KIM $2,320.00 from the bond, calculated as shown in table below.
The Bond Centre is to pay the bond of $2,320.00 (6478987-006) to YONGGEON KIM immediately.

Reasons

Both parties attended the hearing.
The landlord has applied for rent arrears, compensation, and refund of the bond following the end of the tenancy.

How much is owed for rent?

The tenancy ended on 22 December 2023. The landlord provided rent records 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.
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.
The following damage was caused during the tenancy: walls and floor. The damage is more than fair wear and tear, and the tenant has not disproved liability for the damage.
While the landlord has not made any insurance claim as required under section 49B RTA, I consider it fair and appropriate, having regard to the extent of the damage to the floors and walls, that that an order for $1,000.00 and $830.00 is awarded to the landlord towards flooring and walls repairs respectively.
The final amounts ordered in favour of the landlord will mean that the entire bond will be refunded to the landlord as the tenant has previously agreed to by texts.
Lastly I do not consider the damage to the rear door hinge to be beyond fair wear and tear.
Only the amounts ordered are proved.
The landlord abandons the claim to do with gate repairs.

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 4774957 — net $2,320.00 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears	$290.00	Rent arrears
Cleaning	$200.00	Cleaning
Repairs: floor	$1,000.00	Repairs: floor
Repairs: walls	$830.00	Repairs: walls
Net award	$2,320.00
Bond	$2,320.00
Total payable by Tenant to Landlord	$2,320.00

Claims and awards for application 4774957 — net $2,320.00 NZD. Verify on MoJ.

Rent arrears

Amount: $290.00
Awarded to: Landlord
Reason: Rent arrears

Cleaning

Amount: $200.00
Awarded to: Landlord
Reason: Cleaning

Repairs: floor

Amount: $1,000.00
Awarded to: Landlord
Reason: Repairs: floor

Repairs: walls

Amount: $830.00
Awarded to: Landlord
Reason: Repairs: walls

Net award

Landlord $2,320.00

Bond

Landlord $2,320.00

Total payable by Tenant to Landlord

Landlord $2,320.00

Claim types — money lines allowed on this order

Cleanliness Rent arrears Property damage

Order

Tereapii Ngametua and April Ngametua to pay YONGGEON KIM $2,320.00 from the bond, calculated as shown in table below.
The Bond Centre is to pay the bond of $2,320.00 (6478987-006) to YONGGEON KIM immediately.

Reasons

Both parties attended the hearing.
The landlord has applied for rent arrears, compensation, and refund of the bond following the end of the tenancy.

How much is owed for rent?

The tenancy ended on 22 December 2023. The landlord provided rent records 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.
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.
The following damage was caused during the tenancy: walls and floor. The damage is more than fair wear and tear, and the tenant has not disproved liability for the damage.
While the landlord has not made any insurance claim as required under section 49B RTA, I consider it fair and appropriate, having regard to the extent of the damage to the floors and walls, that that an order for $1,000.00 and $830.00 is awarded to the landlord towards flooring and walls repairs respectively.
The final amounts ordered in favour of the landlord will mean that the entire bond will be refunded to the landlord as the tenant has previously agreed to by texts.
Lastly I do not consider the damage to the rear door hinge to be beyond fair wear and tear.
Only the amounts ordered are proved.
The landlord abandons the claim to do with gate repairs.

Tenancy Tribunal case 4774957 — Property damage at 6 Chadwick Crescent, Mangere East, Auckland 2024

At a glance

Tenancy Tribunal case 4774957 — Property damage at 6 Chadwick Crescent, Mangere East, Auckland 2024

At a glance

Award balance

Claims & awards

Order

Reasons

How much is owed for rent?

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

Frequently asked questions

Award balance

Claims & awards

Order

Reasons

How much is owed for rent?

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

Frequently asked questions