How much money was awarded in case 4834677?

Cleaning: $900.00 awarded to landlord; Filing Fee: $20.44 awarded to landlord; Property Damage: $8,850.00 awarded to landlord; Property Damage: $1,100.00 awarded to landlord; Rent Arrears: $3,420.00 awarded to landlord; Replace Front Door: $650.00 awarded to landlord; Replacing Carpet: $3,660.00 awarded to landlord; Rubbish Removal: $1,000.00 awarded to landlord; Water Rates: $125.71 awarded to landlord

What type of tenancy dispute was case 4834677?

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

Where can I read the official tribunal order for case 4834677?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/10595927-Tenancy_Tribunal_Order.pdf.

How much money was awarded in case 4834677?

Cleaning: $900.00 awarded to landlord; Filing Fee: $20.44 awarded to landlord; Property Damage: $8,850.00 awarded to landlord; Property Damage: $1,100.00 awarded to landlord; Rent Arrears: $3,420.00 awarded to landlord; Replace Front Door: $650.00 awarded to landlord; Replacing Carpet: $3,660.00 awarded to landlord; Rubbish Removal: $1,000.00 awarded to landlord; Water Rates: $125.71 awarded to landlord

What type of tenancy dispute was case 4834677?

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

Where can I read the official tribunal order for case 4834677?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/10595927-Tenancy_Tribunal_Order.pdf.

76 Browns Bay Road, Rothesay Bay, Auckland 0630 Tenancy Tribunal Case 4834677 — Property damage

Q: What was the outcome of Tenancy Tribunal case 4834677?

The tribunal order states: Jacqueline Helen Fraser-Haerewa must pay Sunshine Property Group Limited

Order

Jacqueline Helen Fraser-Haerewa must pay Sunshine Property Group Limited $19,726.15 immediately, calculated as shown in table below. DescriptionLandlord Rent arrears to 30 January 2024$3,420.00 Water rates$125.71 Cleaning$900.00 Rubbish removal$1,000.00 Replacing carpet$3,660.00 Repair and repaint walls$8,850.00 Replace front door$650.00 Window and window frame repair$1,100.00 Filing fee reimbursement$20.44 Total award$19,726.15

Reasons

Claims and awards in Tenancy Tribunal application 4834677. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears to 30 January 2024	$3,420.00	Rent arrears to 30 January 2024
Water rates	$125.71	Water rates
Cleaning	$900.00	Cleaning
Rubbish removal	$1,000.00	Rubbish removal
Replacing carpet	$3,660.00	Replacing carpet
Repair and repaint walls	$8,850.00	Repair and repaint walls
Replace front door	$650.00	Replace front door
Window and window frame repair	$1,100.00	Window and window frame repair
Filing fee reimbursement	$20.44	Filing fee reimbursement

Luke Zhang attended the hearing for the landlord.

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

How much is owed for rent and water?

The tenancy ended on 30 January 2024. The landlord has provided rent and water 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 and remove or arrange for the removal of all rubbish. 1

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

The amounts ordered are proved.

Is the tenant responsible for the damage to the premises?

The premises were in good condition prior to the tenancy beginning. Unfortunately, during the tenancy most of the rooms’ walls were holed by blunt force impacts; the carpets were ruined throughout by trampled-in food, and dog excrement and urine; the front door was virtually destroyed; and a bedroom’s window and window frame were broken.

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. 2

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). 3 In this case the damage was intentional and, in any event, the insurer treated each individual incident of damage as a separate event triggering the landlord’s excess, so it was not economic for the landlord to claim for the cost of damage.

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 1 Residential Tenancies Act 1986 (RTA), s 40(1)(e)(iii). 2 RTA, ss 40(2)(a), 41 and 49B. 3 RTA, s 49B(3)(a). applies to anything the tenant does and anything done by a person they are responsible for. 4

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. 5

The landlord has proved the damage is more than fair wear and tear and occurred during the tenancy. The tenant has not displaced the onus of proving they or their guests did not cause the damage carelessly or intentionally.

I have considered 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. The cost of replacing the carpets has been reduced by 40 per cent because the carpets were about four years old. The cost of repairing and repainting the walls has been reduced by $1,000.00 because they were last repainted about three years earlier.

The amounts ordered are proved. Filing fee

The tenant must reimburse the landlord for the filing fee.

Claims and awards in Tenancy Tribunal application 4834677. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears to 30 January 2024	$3,420.00	Rent arrears to 30 January 2024
Water rates	$125.71	Water rates
Cleaning	$900.00	Cleaning
Rubbish removal	$1,000.00	Rubbish removal
Replacing carpet	$3,660.00	Replacing carpet
Repair and repaint walls	$8,850.00	Repair and repaint walls
Replace front door	$650.00	Replace front door
Window and window frame repair	$1,100.00	Window and window frame repair
Filing fee reimbursement	$20.44	Filing fee reimbursement

Order

Reasons

Luke Zhang attended the hearing for the landlord.
The landlord has applied for rent arrears, compensation, and reimbursement of the filing fee following the end of the tenancy.

How much is owed for rent and water?

The tenancy ended on 30 January 2024. The landlord has provided rent and water 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 and remove or arrange for the removal of all rubbish. 1
The tenant did not leave the premises reasonably clean and tidy and did not remove all rubbish.
The amounts ordered are proved.

Is the tenant responsible for the damage to the premises?

The premises were in good condition prior to the tenancy beginning. Unfortunately, during the tenancy most of the rooms’ walls were holed by blunt force impacts; the carpets were ruined throughout by trampled-in food, and dog excrement and urine; the front door was virtually destroyed; and a bedroom’s window and window frame were broken.
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. 2
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). 3 In this case the damage was intentional and, in any event, the insurer treated each individual incident of damage as a separate event triggering the landlord’s excess, so it was not economic for the landlord to claim for the cost of damage.
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 1 Residential Tenancies Act 1986 (RTA), s 40(1)(e)(iii). 2 RTA, ss 40(2)(a), 41 and 49B. 3 RTA, s 49B(3)(a). applies to anything the tenant does and anything done by a person they are responsible for. 4
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. 5
The landlord has proved the damage is more than fair wear and tear and occurred during the tenancy. The tenant has not displaced the onus of proving they or their guests did not cause the damage carelessly or intentionally.
I have considered 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. The cost of replacing the carpets has been reduced by 40 per cent because the carpets were about four years old. The cost of repairing and repainting the walls has been reduced by $1,000.00 because they were last repainted about three years earlier.
The amounts ordered are proved. Filing fee
The tenant must reimburse the landlord for the filing fee.

Tenancy Tribunal case 4834677 — Property damage at 76 Browns Bay Road, Rothesay Bay, Auckland 0630

At a glance

Tenancy Tribunal case 4834677 — Property damage at 76 Browns Bay Road, Rothesay Bay, Auckland 0630

At a glance

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

Residential Tenancies Act sections

Key findings

Property management

Frequently asked questions

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

Residential Tenancies Act sections

Key findings

Property management

Frequently asked questions