What was the outcome of Tenancy Tribunal case 4830442?

The tribunal order states: Aleasha Heffernan must pay Hoverd & Co Property Management Ltd As Agents

How much money was awarded in case 4830442?

Cleaning: $1,035.00 awarded to landlord; Filing Fee: $20.44 awarded to landlord; Garage Remotes: $115.00 awarded to landlord; Property Damage: $427.80 awarded to landlord; Rent: $794.29 awarded to landlord; Rubbish Removal: $543.62 awarded to landlord; Walls and Doors: $32,328.32 awarded to landlord; Water Charges To End Of Tenancy: $725.72 awarded to landlord

What type of tenancy dispute was case 4830442?

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

Where can I read the official tribunal order for case 4830442?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/10740731-Tenancy_Tribunal_Order.pdf.

What was the outcome of Tenancy Tribunal case 4830442?

The tribunal order states: Aleasha Heffernan must pay Hoverd & Co Property Management Ltd As Agents

How much money was awarded in case 4830442?

Cleaning: $1,035.00 awarded to landlord; Filing Fee: $20.44 awarded to landlord; Garage Remotes: $115.00 awarded to landlord; Property Damage: $427.80 awarded to landlord; Rent: $794.29 awarded to landlord; Rubbish Removal: $543.62 awarded to landlord; Walls and Doors: $32,328.32 awarded to landlord; Water Charges To End Of Tenancy: $725.72 awarded to landlord

What type of tenancy dispute was case 4830442?

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

Where can I read the official tribunal order for case 4830442?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/10740731-Tenancy_Tribunal_Order.pdf.

29B Rogers Road, Manurewa, Auckland 2102 Tenancy Tribunal Case 4830442 — Property damage

Reasons

Claims and awards in Tenancy Tribunal application 4830442 — net $33,210.19 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent to 12 March 2024	$794.29	Rent to 12 March 2024
Water charges to end of tenancy	$725.72	Water charges to end of tenancy
Cleaning and carpet cleaning	$1,035.00	Cleaning and carpet cleaning
Rubbish removal	$543.62	Rubbish removal
Lock/key replacement	$427.80	Lock/key replacement
Garage remotes	$115.00	Garage remotes
Repairs to walls and doors and replacement carpet	$32,328.32	Repairs to walls and doors and replacement carpet
Filing fee reimbursement	$20.44	Filing fee reimbursement
Net award	$33,210.19
Total payable by Tenant to Landlord	$33,210.19

The landlord attended the hearing today.

The landlord has applied for rent arrears, outgoings, compensation, refund of the bond, and reimbursement of the filing fee following the end of the tenancy.

The landlord explained that the tenant allowed other occupants to stay at the premises. There were daily parties between about 29 February 2024 and 7 March 2024, which degenerated into anti-social behaviour and violence. Considerable damage was caused to the premises.

How much is owed for rent and water?

The tenancy ended on 12 March 2024 by mutual agreement. The landlord provided rent records and water 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.

The tenant did not leave the premises reasonably clean and tidy and did not remove all rubbish. The oven, carpets, flooring, bathroom, toilet, and cupboards needed cleaning. The cleaner’s invoice described the premises as “significantly damaged & very dirty”.

There was rubbish left outside, including children’s toys. Inside there were items of heavy furniture, clothing, kitchen utensils and food. The rubbish removal costs are reasonable considering the extent of abandoned items.

The tenant did not return the keys or the garage remotes. New keys and remotes had to be obtained.

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.

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 4 weeks' rent. The weekly rent was $715.00. The insurance excess was $2,150.00.

Where the damage is careless and is not covered by the landlord's insurance, the tenant's liability is limited to 4 weeks' rent.

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.

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.

The landlord claimed $35,920.35 for repairs and replacement carpet. The landlord’s photographs show extensive damage to the walls of the premises, with various hand-sized and larger holes through the plaster and gib, likely caused by deliberate force. The carpets were badly stained and had to be replaced. The damage is more than fair wear and tear, and the tenant has not disproved liability for the damage.

The property was built in 2021 according to the insurance schedule. I was told the tenant (whose tenancy started on 28 February 2023) was the first person to live there. I find that the property was between 2-3 years old at the end of the tenancy. I have taken account of betterment and depreciation. While a landlord might anticipate having to renovate the walls after 10 years, they would not anticipate such extensive work so soon in the building’s life. I award 90% of the amount claimed for repairs and replacement carpet.

I note the landlord also claimed for damage to a neighbouring property with the same owner. I consider the Tribunal’s jurisdiction only extends to the tenancy address. Filing fee

The landlord’s application has succeeded. I award the filing fee.

Claims and awards in Tenancy Tribunal application 4830442 — net $33,210.19 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent to 12 March 2024	$794.29	Rent to 12 March 2024
Water charges to end of tenancy	$725.72	Water charges to end of tenancy
Cleaning and carpet cleaning	$1,035.00	Cleaning and carpet cleaning
Rubbish removal	$543.62	Rubbish removal
Lock/key replacement	$427.80	Lock/key replacement
Garage remotes	$115.00	Garage remotes
Repairs to walls and doors and replacement carpet	$32,328.32	Repairs to walls and doors and replacement carpet
Filing fee reimbursement	$20.44	Filing fee reimbursement
Net award	$33,210.19
Total payable by Tenant to Landlord	$33,210.19

Order

Aleasha Heffernan must pay Hoverd & Co Property Management Ltd As Agents For Marhesh & Mamata Parsot $33,210.19 immediately, calculated as shown in the table below.

Reasons

The landlord attended the hearing today.
The landlord has applied for rent arrears, outgoings, compensation, refund of the bond, and reimbursement of the filing fee following the end of the tenancy.
The landlord explained that the tenant allowed other occupants to stay at the premises. There were daily parties between about 29 February 2024 and 7 March 2024, which degenerated into anti-social behaviour and violence. Considerable damage was caused to the premises.

How much is owed for rent and water?

The tenancy ended on 12 March 2024 by mutual agreement. The landlord provided rent records and water 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.
The tenant did not leave the premises reasonably clean and tidy and did not remove all rubbish. The oven, carpets, flooring, bathroom, toilet, and cupboards needed cleaning. The cleaner’s invoice described the premises as “significantly damaged & very dirty”.
There was rubbish left outside, including children’s toys. Inside there were items of heavy furniture, clothing, kitchen utensils and food. The rubbish removal costs are reasonable considering the extent of abandoned items.
The tenant did not return the keys or the garage remotes. New keys and remotes had to be obtained.

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.
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 4 weeks' rent. The weekly rent was $715.00. The insurance excess was $2,150.00.
Where the damage is careless and is not covered by the landlord's insurance, the tenant's liability is limited to 4 weeks' rent.
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.
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.
The landlord claimed $35,920.35 for repairs and replacement carpet. The landlord’s photographs show extensive damage to the walls of the premises, with various hand-sized and larger holes through the plaster and gib, likely caused by deliberate force. The carpets were badly stained and had to be replaced. The damage is more than fair wear and tear, and the tenant has not disproved liability for the damage.
The property was built in 2021 according to the insurance schedule. I was told the tenant (whose tenancy started on 28 February 2023) was the first person to live there. I find that the property was between 2-3 years old at the end of the tenancy. I have taken account of betterment and depreciation. While a landlord might anticipate having to renovate the walls after 10 years, they would not anticipate such extensive work so soon in the building’s life. I award 90% of the amount claimed for repairs and replacement carpet.
I note the landlord also claimed for damage to a neighbouring property with the same owner. I consider the Tribunal’s jurisdiction only extends to the tenancy address. Filing fee
The landlord’s application has succeeded. I award the filing fee.

Tenancy Tribunal case 4830442 — Property damage at 29B Rogers Road, Manurewa, Auckland 2102

At a glance

Tenancy Tribunal case 4830442 — Property damage at 29B Rogers Road, Manurewa, Auckland 2102

At a glance

Award balance

Claims & awards

Order

Reasons

How much is owed for rent and water?

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

Key findings

Property management

Frequently asked questions

Award balance

Claims & awards

Order

Reasons

How much is owed for rent and water?

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

Key findings

Property management

Frequently asked questions