What was the outcome of Tenancy Tribunal case 4854080?

The tribunal order states: Katarina Blake Belrose must pay Home In Place (New Zealand) Limited

How much money was awarded in case 4854080?

Electricity: $289.73 awarded to landlord; Filing Fee: $20.44 awarded to landlord; Property Damage: $306.25 awarded to landlord; Rent Arrears: $111.57 awarded to landlord; Unblock Kitchen Sink (Balance To Pay: $9.52 awarded to landlord; Water Rates: $51.23 awarded to landlord

What type of tenancy dispute was case 4854080?

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

Where can I read the official tribunal order for case 4854080?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/10662729-Tenancy_Tribunal_Order.pdf.

What was the outcome of Tenancy Tribunal case 4854080?

The tribunal order states: Katarina Blake Belrose must pay Home In Place (New Zealand) Limited

How much money was awarded in case 4854080?

Electricity: $289.73 awarded to landlord; Filing Fee: $20.44 awarded to landlord; Property Damage: $306.25 awarded to landlord; Rent Arrears: $111.57 awarded to landlord; Unblock Kitchen Sink (Balance To Pay: $9.52 awarded to landlord; Water Rates: $51.23 awarded to landlord

What type of tenancy dispute was case 4854080?

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

Where can I read the official tribunal order for case 4854080?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/10662729-Tenancy_Tribunal_Order.pdf.

Unit/Flat 806, 38A Liverpool Street, Auckland Central, Tenancy Tribunal Case 4854080 — Property damage

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Unit/Flat 806, 38A Liverpool Street, Auckland Central, Tenancy Tribunal Case 4854080 — 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 4854080 — net $788.74 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears to 21 July 2023	$111.57	Rent arrears to 21 July 2023
Water rates	$51.23	Water rates
Electricity	$289.73	Electricity
Unblock kitchen sink (balance to pay	$9.52	Unblock kitchen sink (balance to pay
Lock/key replacement	$306.25	Lock/key replacement
Filing fee reimbursement	$20.44	Filing fee reimbursement
Net award	$788.74
Total payable by Tenant to Landlord	$788.74

Claims and awards for application 4854080 — net $788.74 NZD. Verify on MoJ.

Rent arrears to 21 July 2023

Amount: $111.57
Awarded to: Landlord
Reason: Rent arrears to 21 July 2023

Water rates

Amount: $51.23
Awarded to: Landlord
Reason: Water rates

Electricity

Amount: $289.73
Awarded to: Landlord
Reason: Electricity

Unblock kitchen sink (balance to pay

Amount: $9.52
Awarded to: Landlord
Reason: Unblock kitchen sink (balance to pay

Lock/key replacement

Amount: $306.25
Awarded to: Landlord
Reason: Lock/key replacement

Dismissed claims

Property Damage — Filing fee

Claim types — money lines allowed on this order

Filing Fee Property damage Rent arrears Water Rates

Order

Katarina Blake Belrose must pay Home In Place (New Zealand) Limited $788.74 immediately, calculated as shown in table below. DescriptionLandlord Rent arrears to 21 July 2023$111.57 Water rates$51.23 Electricity$289.73 Unblock kitchen sink (balance to pay)$9.52 Lock/key replacement$306.25 Filing fee reimbursement$20.44 Total award$788.74 Total payable by Tenant to Landlord$788.74

Reasons

Mr Palelei attended the hearing on behalf of the landlord.
Ms Belrose did not attend the hearing. A Tribunal Order dated 27 June 2024 ruled the requirement for service of the landlord’s application is dispensed with.
The landlord has applied for rent arrears, compensation, and reimbursement of the filing fee following the end of the tenancy on 21 December 2023.

How much is owed for rent, water rates, electricity and unblock kitchen sink?

The tenancy ended on 21 December 2023. The landlord provided rent records, water rates invoices, electricity invoices and an unblock kitchen sink invoice which prove the amount owing at the end of the tenancy.
The invoice for unblocking the kitchen sink is $138.98. Ms. Belrose has already paid $129.46, leaving a balance of $9.52. Since Ms. Belrose acknowledged her responsibility for the kitchen sink blockage by paying $129.46, she is also responsible for the remaining balance of $9.52.

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.
Mr Palelei claimed that the tenant did not leave the premises reasonably clean and tidy and remove all rubbish.
Mr Palelei submitted invoices for the work done, but there were no photos for me to objectively assess what was left on the property after Ms Belrose vacated the premises.
On that basis, I told Mr Palelei I would not grant his application for compensation for the following: a. Treat & eliminate pests for $253; b. Full clean of unit for $575; and c. Removal of inorganic items for $621.
I accept that Ms. Belrose did not return the keys, so Mr. Palelei had the locks rekeyed at a cost of $306.25. Accordingly, Ms Belros is liable for the cost.
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 careless, and occurs after 27 August 2019, section 49B RTA applies. If the landlord becomes aware of the damage after 27 August, the damage is presumed to have occurred after that date unless the tenant proves otherwise.
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.
Mr. Palelei filed a claim for damage to the walls and window latch. He submitted an invoice for patching the wall, painting, and replacing the window latch. However, there is no photo evidence for me to independently assess whether the damage was done intentionally or carelessly.
Accordingly, I am not prepared to order compensation without evidence. The claim for damage to the wall and window latch is dismissed. Filing fee
Because Home In Place (New Zealand) Limited has wholly succeeded with the claim I must reimburse the filing fee.

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 4854080 — net $788.74 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears to 21 July 2023	$111.57	Rent arrears to 21 July 2023
Water rates	$51.23	Water rates
Electricity	$289.73	Electricity
Unblock kitchen sink (balance to pay	$9.52	Unblock kitchen sink (balance to pay
Lock/key replacement	$306.25	Lock/key replacement
Filing fee reimbursement	$20.44	Filing fee reimbursement
Net award	$788.74
Total payable by Tenant to Landlord	$788.74

Claims and awards for application 4854080 — net $788.74 NZD. Verify on MoJ.

Rent arrears to 21 July 2023

Amount: $111.57
Awarded to: Landlord
Reason: Rent arrears to 21 July 2023

Water rates

Amount: $51.23
Awarded to: Landlord
Reason: Water rates

Electricity

Amount: $289.73
Awarded to: Landlord
Reason: Electricity

Unblock kitchen sink (balance to pay

Amount: $9.52
Awarded to: Landlord
Reason: Unblock kitchen sink (balance to pay

Lock/key replacement

Amount: $306.25
Awarded to: Landlord
Reason: Lock/key replacement

Dismissed claims

Property Damage — Filing fee

Claim types — money lines allowed on this order

Filing Fee Property damage Rent arrears Water Rates

Order

Katarina Blake Belrose must pay Home In Place (New Zealand) Limited $788.74 immediately, calculated as shown in table below. DescriptionLandlord Rent arrears to 21 July 2023$111.57 Water rates$51.23 Electricity$289.73 Unblock kitchen sink (balance to pay)$9.52 Lock/key replacement$306.25 Filing fee reimbursement$20.44 Total award$788.74 Total payable by Tenant to Landlord$788.74

Reasons

Mr Palelei attended the hearing on behalf of the landlord.
Ms Belrose did not attend the hearing. A Tribunal Order dated 27 June 2024 ruled the requirement for service of the landlord’s application is dispensed with.
The landlord has applied for rent arrears, compensation, and reimbursement of the filing fee following the end of the tenancy on 21 December 2023.

How much is owed for rent, water rates, electricity and unblock kitchen sink?

The tenancy ended on 21 December 2023. The landlord provided rent records, water rates invoices, electricity invoices and an unblock kitchen sink invoice which prove the amount owing at the end of the tenancy.
The invoice for unblocking the kitchen sink is $138.98. Ms. Belrose has already paid $129.46, leaving a balance of $9.52. Since Ms. Belrose acknowledged her responsibility for the kitchen sink blockage by paying $129.46, she is also responsible for the remaining balance of $9.52.

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.
Mr Palelei claimed that the tenant did not leave the premises reasonably clean and tidy and remove all rubbish.
Mr Palelei submitted invoices for the work done, but there were no photos for me to objectively assess what was left on the property after Ms Belrose vacated the premises.
On that basis, I told Mr Palelei I would not grant his application for compensation for the following: a. Treat & eliminate pests for $253; b. Full clean of unit for $575; and c. Removal of inorganic items for $621.
I accept that Ms. Belrose did not return the keys, so Mr. Palelei had the locks rekeyed at a cost of $306.25. Accordingly, Ms Belros is liable for the cost.
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 careless, and occurs after 27 August 2019, section 49B RTA applies. If the landlord becomes aware of the damage after 27 August, the damage is presumed to have occurred after that date unless the tenant proves otherwise.
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.
Mr. Palelei filed a claim for damage to the walls and window latch. He submitted an invoice for patching the wall, painting, and replacing the window latch. However, there is no photo evidence for me to independently assess whether the damage was done intentionally or carelessly.
Accordingly, I am not prepared to order compensation without evidence. The claim for damage to the wall and window latch is dismissed. Filing fee
Because Home In Place (New Zealand) Limited has wholly succeeded with the claim I must reimburse the filing fee.

Tenancy Tribunal case 4854080 — Property damage at Unit/Flat 806, 38A Liverpool Street, Auckland Central,

At a glance

Tenancy Tribunal case 4854080 — Property damage at Unit/Flat 806, 38A Liverpool Street, Auckland Central,

At a glance

Award balance

Claims & awards

Dismissed claims

Order

Reasons

How much is owed for rent, water rates, electricity and unblock kitchen sink?

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

Dismissed claims

Order

Reasons

How much is owed for rent, water rates, electricity and unblock kitchen sink?

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