What was the outcome of Tenancy Tribunal case 4871681?

The tribunal order states: Hinemoa Nina Robinson must pay Keystone Property Management Limited as

How much money was awarded in case 4871681?

Cleaning: $920.00 awarded to landlord; Emergency Callout Fee: $172.50 awarded to landlord; Filing Fee: $20.44 awarded to landlord; Property Damage: $494.50 awarded to landlord; Property Damage: $218.50 awarded to landlord; Property Damage: $287.50 awarded to landlord; Property Damage: $287.50 awarded to landlord; Property Damage: $550.00 awarded to landlord; Replace Oven: $611.06 awarded to landlord; Rubbish Removal: $1,722.50 awarded to landlord

What type of tenancy dispute was case 4871681?

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

Where can I read the official tribunal order for case 4871681?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/10727829-Tenancy_Tribunal_Order.pdf.

What was the outcome of Tenancy Tribunal case 4871681?

The tribunal order states: Hinemoa Nina Robinson must pay Keystone Property Management Limited as

How much money was awarded in case 4871681?

Cleaning: $920.00 awarded to landlord; Emergency Callout Fee: $172.50 awarded to landlord; Filing Fee: $20.44 awarded to landlord; Property Damage: $494.50 awarded to landlord; Property Damage: $218.50 awarded to landlord; Property Damage: $287.50 awarded to landlord; Property Damage: $287.50 awarded to landlord; Property Damage: $550.00 awarded to landlord; Replace Oven: $611.06 awarded to landlord; Rubbish Removal: $1,722.50 awarded to landlord

What type of tenancy dispute was case 4871681?

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

Where can I read the official tribunal order for case 4871681?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/10727829-Tenancy_Tribunal_Order.pdf.

771 Great South Road, Wiri, Auckland 2104 Tenancy Tribunal Case 4871681 — Property damage

Reasons

Claims and awards in Tenancy Tribunal application 4871681 — net $5,248.92 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Lock/key replacement front and back door	$494.50	Lock/key replacement front and back door
Emergency callout fee	$172.50	Emergency callout fee
Repair shower doors	$218.50	Repair shower doors
Window repairs	$287.50	Window repairs
Repair bedroom door	$287.50	Repair bedroom door
Rubbish removal	$1,722.50	Rubbish removal
Cleaning	$920.00	Cleaning
Replace oven	$611.06	Replace oven
Repairing kitchen cupboard and benchtop	$550.00	Repairing kitchen cupboard and benchtop
Filing fee reimbursement	$20.44	Filing fee reimbursement
Net award	$5,248.92
Total payable by Tenant to Landlord	$5,248.92

Ujjal Sarkar attended the hearing for the landlord.

The tenant did not attend. The hearing proceeded in their absence.

The landlord has applied for compensation, refund of the bond, and reimbursement of the filing fee following 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. 1

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

The tenant did not return the keys prior to moving out. The tenant moved out of the premises leaving associates behind in the premises. Police arrested the associates for offending that included drug taking in the premises. The landlord trespassed the associates from the premises on Police advice and had to change the locks and keys to keep the associates out. An emergency callout fee invoiced because the locks and keys had to be replaced at short notice.

The landlord has proven the amounts the Tribunal orders.

Is the tenant responsible for the damage to the premises?

The landlord claims for repairing a hole in a bedroom door, the screen door’s hinges, damage to two curved shower doors, a broken window, and a kitchen bench and cupboard that the tenant had modified without permission. The landlord had to replace the oven because it had been damaged by fire.

Landlords 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

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). 2 RTA, ss 40(2)(a), 41, and 49B. applies to anything the tenant does and anything done by a person they are responsible for. 3

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. 4

I am not satisfied that the screen door’s hinges were damaged beyond fair wear and tear. I am satisfied the other damage is more than fair wear and tear, the damage occurred during the tenancy, and the tenant has not disproved liability for the damage.

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 Tribunal has decreased the amount claimed for the oven for depreciation, based on the oven being about 18 months old with an expected lifespan of about eight years.

The amounts ordered have been proved. Filing fee

The tenant must reimburse the landlord for the filing fee. Bond

A small amount of bond remains. The Bond Centre is to release it to the landlord in part-payment of the judgment debt.

Claims and awards in Tenancy Tribunal application 4871681 — net $5,248.92 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Lock/key replacement front and back door	$494.50	Lock/key replacement front and back door
Emergency callout fee	$172.50	Emergency callout fee
Repair shower doors	$218.50	Repair shower doors
Window repairs	$287.50	Window repairs
Repair bedroom door	$287.50	Repair bedroom door
Rubbish removal	$1,722.50	Rubbish removal
Cleaning	$920.00	Cleaning
Replace oven	$611.06	Replace oven
Repairing kitchen cupboard and benchtop	$550.00	Repairing kitchen cupboard and benchtop
Filing fee reimbursement	$20.44	Filing fee reimbursement
Net award	$5,248.92
Total payable by Tenant to Landlord	$5,248.92

Order

Hinemoa Nina Robinson must pay Keystone Property Management Limited as agent for Ebi Prasad $5,248.92 immediately, calculated as shown in table below.
The Bond Centre is to pay the bond of $35.58 (5845718-006) to Keystone Property Management Limited as agent for Ebi Prasad immediately.

Reasons

Ujjal Sarkar attended the hearing for the landlord.
The tenant did not attend. The hearing proceeded in their absence.
The landlord has applied for compensation, refund of the bond, and reimbursement of the filing fee following 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. 1
The tenant did not leave the premises reasonably clean and tidy and did not remove all rubbish.
The tenant did not return the keys prior to moving out. The tenant moved out of the premises leaving associates behind in the premises. Police arrested the associates for offending that included drug taking in the premises. The landlord trespassed the associates from the premises on Police advice and had to change the locks and keys to keep the associates out. An emergency callout fee invoiced because the locks and keys had to be replaced at short notice.
The landlord has proven the amounts the Tribunal orders.

Is the tenant responsible for the damage to the premises?

The landlord claims for repairing a hole in a bedroom door, the screen door’s hinges, damage to two curved shower doors, a broken window, and a kitchen bench and cupboard that the tenant had modified without permission. The landlord had to replace the oven because it had been damaged by fire.
Landlords 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
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). 2 RTA, ss 40(2)(a), 41, and 49B. applies to anything the tenant does and anything done by a person they are responsible for. 3
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. 4
I am not satisfied that the screen door’s hinges were damaged beyond fair wear and tear. I am satisfied the other damage is more than fair wear and tear, the damage occurred during the tenancy, and the tenant has not disproved liability for the damage.
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 Tribunal has decreased the amount claimed for the oven for depreciation, based on the oven being about 18 months old with an expected lifespan of about eight years.
The amounts ordered have been proved. Filing fee
The tenant must reimburse the landlord for the filing fee. Bond
A small amount of bond remains. The Bond Centre is to release it to the landlord in part-payment of the judgment debt.

Tenancy Tribunal case 4871681 — Property damage at 771 Great South Road, Wiri, Auckland 2104

At a glance

Tenancy Tribunal case 4871681 — Property damage at 771 Great South Road, Wiri, Auckland 2104

At a glance

Award balance

Claims & awards

Order

Reasons

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

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