What was the outcome of Tenancy Tribunal case 4872443?

The tribunal order states: Tania Keith and Richard Tukariri must pay Barfoot & Thompson Limited As

How much money was awarded in case 4872443?

Boarding Up Of Window: $181.47 awarded to landlord; Filing Fee: $20.44 awarded to landlord; Lawns and Garden Work: $320.00 awarded to landlord; Property Damage: $190.90 awarded to landlord; Property Damage: $206.73 awarded to landlord; Rent Arrears: $370.35 awarded to landlord; Rubbish Removal: $1,667.50 awarded to landlord; Water Rates: $75.63 awarded to landlord

What type of tenancy dispute was case 4872443?

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

Where can I read the official tribunal order for case 4872443?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/10750097-Tenancy_Tribunal_Order.pdf.

What was the outcome of Tenancy Tribunal case 4872443?

The tribunal order states: Tania Keith and Richard Tukariri must pay Barfoot & Thompson Limited As

How much money was awarded in case 4872443?

Boarding Up Of Window: $181.47 awarded to landlord; Filing Fee: $20.44 awarded to landlord; Lawns and Garden Work: $320.00 awarded to landlord; Property Damage: $190.90 awarded to landlord; Property Damage: $206.73 awarded to landlord; Rent Arrears: $370.35 awarded to landlord; Rubbish Removal: $1,667.50 awarded to landlord; Water Rates: $75.63 awarded to landlord

What type of tenancy dispute was case 4872443?

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

Where can I read the official tribunal order for case 4872443?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/10750097-Tenancy_Tribunal_Order.pdf.

Unit/Flat 1, 327 Weymouth Road, Weymouth, Auckland Tenancy Tribunal Case 4872443 — Property damage

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Unit/Flat 1, 327 Weymouth Road, Weymouth, Auckland Tenancy Tribunal Case 4872443 — 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 4872443 — net $793.02 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears to 8 April 2024	$370.35	Rent arrears to 8 April 2024
Water rates	$75.63	Water rates
Boarding up of window	$181.47	Boarding up of window
Repair window	$190.90	Repair window
Cleaning and rubbish removal	$1,667.50	Cleaning and rubbish removal
Lawns and Garden work	$320.00	Lawns and Garden work
Lock/key replacement	$206.73	Lock/key replacement
Filing fee reimbursement	$20.44	Filing fee reimbursement
Net award	$793.02
Total payable by Tenant to Landlord	$793.02

Claims and awards for application 4872443 — net $793.02 NZD. Verify on MoJ.

Rent arrears to 8 April 2024

Amount: $370.35
Awarded to: Landlord
Reason: Rent arrears to 8 April 2024

Water rates

Amount: $75.63
Awarded to: Landlord
Reason: Water rates

Boarding up of window

Amount: $181.47
Awarded to: Landlord
Reason: Boarding up of window

Repair window

Amount: $190.90
Awarded to: Landlord
Reason: Repair window

Cleaning and rubbish removal

Amount: $1,667.50
Awarded to: Landlord
Reason: Cleaning and rubbish removal

Claim types — money lines allowed on this order

Filing Fee Lawns And Garden Work Property damage Rent arrears Rubbish Removal Water Rates

Order

Tania Keith and Richard Tukariri must pay Barfoot & Thompson Limited As Agent For Ly, Hau & Yi Mey $793.02 immediately, calculated as shown in table below.
The Bond Centre is to pay the bond of $2,240.00 (5466757-009) to Barfoot & Thompson Limited As Agent For Ly, Hau & Yi Mey immediately.

Reasons

The landlord attended the hearing. The tenant did not.
The landlord has applied for rent arrears, compensation, refund of the bond, and reimbursement of the filing fee following the end of the tenancy.

How much is owed for rent and water rates?

The tenancy ended on 8 April 2024 by order of the Tribunal. The landlord provided rent records and water rates invoices which prove the amount owing at the end of the tenancy. Rent was in arrears of $370.35 and outstanding water rates totalled $75.63.

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 is required to replace worn out smoke alarm batteries during the tenancy. See section 40(1)(ca) Residential Tenancies Act 1986. The tenant must also replace standard light bulbs.
The landlord provided the Tribunal with photographs of the property taken on 23 December 2020, one day before the beginning of the tenancy on 24 December 2020. These photographs show the property in a reasonably clean and tidy condition with the lawns mowed. The landlord provided the Tribunal with photographs taken on 12 April 2024 by the cleaning and lawn-mowing contractors, which show the property in a very different state. Some of the tenant’s personal belongings, including furniture, had been left inside and outside the property. There was rubbish throughout the property and the lawns were very overgrown. One of the photographs depicts three stray cats lying on a sofa outside the property. The landlord advised the Tribunal that stray cats entered the property via a broken window and soiled the carpet, which smelt strongly of cat urine and had fleas in it. The landlord had to have the carpet deep cleaned as a result. The lawns also needed to be mowed twice because they were so long.
The tenant did not leave the premises reasonably clean and tidy, and did not remove all rubbish.
The tenant did not return the keys.
The landlord provided the Tribunal with invoices for the work undertaken to bring the property to a reasonably clean and tidy condition. The amounts ordered for cleaning, rubbish removal, and key and lock replacement 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.
The following damage was caused during the tenancy: a. Broken window.
The landlord provided the Tribunal with a photograph of the broken window. The damage is more than fair wear and tear, and the tenant has not disproved liability for the damage.
The landlord provided the Tribunal with invoices for the cost of boarding up and repairing the window. The amounts ordered are proved.
I have taken into account 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. In calculating depreciation, I have taken into account the age and condition of the items at the start of the tenancy and their likely useful lifespan.
Because Barfoot & Thompson Limited As Agent For Ly, Hau & Yi Mey 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 4872443 — net $793.02 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears to 8 April 2024	$370.35	Rent arrears to 8 April 2024
Water rates	$75.63	Water rates
Boarding up of window	$181.47	Boarding up of window
Repair window	$190.90	Repair window
Cleaning and rubbish removal	$1,667.50	Cleaning and rubbish removal
Lawns and Garden work	$320.00	Lawns and Garden work
Lock/key replacement	$206.73	Lock/key replacement
Filing fee reimbursement	$20.44	Filing fee reimbursement
Net award	$793.02
Total payable by Tenant to Landlord	$793.02

Claims and awards for application 4872443 — net $793.02 NZD. Verify on MoJ.

Rent arrears to 8 April 2024

Amount: $370.35
Awarded to: Landlord
Reason: Rent arrears to 8 April 2024

Water rates

Amount: $75.63
Awarded to: Landlord
Reason: Water rates

Boarding up of window

Amount: $181.47
Awarded to: Landlord
Reason: Boarding up of window

Repair window

Amount: $190.90
Awarded to: Landlord
Reason: Repair window

Cleaning and rubbish removal

Amount: $1,667.50
Awarded to: Landlord
Reason: Cleaning and rubbish removal

Claim types — money lines allowed on this order

Filing Fee Lawns And Garden Work Property damage Rent arrears Rubbish Removal Water Rates

Order

Tania Keith and Richard Tukariri must pay Barfoot & Thompson Limited As Agent For Ly, Hau & Yi Mey $793.02 immediately, calculated as shown in table below.
The Bond Centre is to pay the bond of $2,240.00 (5466757-009) to Barfoot & Thompson Limited As Agent For Ly, Hau & Yi Mey immediately.

Reasons

The landlord attended the hearing. The tenant did not.
The landlord has applied for rent arrears, compensation, refund of the bond, and reimbursement of the filing fee following the end of the tenancy.

How much is owed for rent and water rates?

The tenancy ended on 8 April 2024 by order of the Tribunal. The landlord provided rent records and water rates invoices which prove the amount owing at the end of the tenancy. Rent was in arrears of $370.35 and outstanding water rates totalled $75.63.

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 is required to replace worn out smoke alarm batteries during the tenancy. See section 40(1)(ca) Residential Tenancies Act 1986. The tenant must also replace standard light bulbs.
The landlord provided the Tribunal with photographs of the property taken on 23 December 2020, one day before the beginning of the tenancy on 24 December 2020. These photographs show the property in a reasonably clean and tidy condition with the lawns mowed. The landlord provided the Tribunal with photographs taken on 12 April 2024 by the cleaning and lawn-mowing contractors, which show the property in a very different state. Some of the tenant’s personal belongings, including furniture, had been left inside and outside the property. There was rubbish throughout the property and the lawns were very overgrown. One of the photographs depicts three stray cats lying on a sofa outside the property. The landlord advised the Tribunal that stray cats entered the property via a broken window and soiled the carpet, which smelt strongly of cat urine and had fleas in it. The landlord had to have the carpet deep cleaned as a result. The lawns also needed to be mowed twice because they were so long.
The tenant did not leave the premises reasonably clean and tidy, and did not remove all rubbish.
The tenant did not return the keys.
The landlord provided the Tribunal with invoices for the work undertaken to bring the property to a reasonably clean and tidy condition. The amounts ordered for cleaning, rubbish removal, and key and lock replacement 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.
The following damage was caused during the tenancy: a. Broken window.
The landlord provided the Tribunal with a photograph of the broken window. The damage is more than fair wear and tear, and the tenant has not disproved liability for the damage.
The landlord provided the Tribunal with invoices for the cost of boarding up and repairing the window. The amounts ordered are proved.
I have taken into account 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. In calculating depreciation, I have taken into account the age and condition of the items at the start of the tenancy and their likely useful lifespan.
Because Barfoot & Thompson Limited As Agent For Ly, Hau & Yi Mey has wholly succeeded with the claim I must reimburse the filing fee.

Tenancy Tribunal case 4872443 — Property damage at Unit/Flat 1, 327 Weymouth Road, Weymouth, Auckland

At a glance

Tenancy Tribunal case 4872443 — Property damage at Unit/Flat 1, 327 Weymouth Road, Weymouth, Auckland

At a glance

Award balance

Claims & awards

Order

Reasons

How much is owed for rent and water rates?

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

How much is owed for rent and water rates?

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