What was the outcome of Tenancy Tribunal case 4878982?

The tribunal order states: Ryan Cruise Mihaka to pay Inspire Property Management Limited As Agent For

How much money was awarded in case 4878982?

Filing Fee: $20.44 awarded to landlord; Rent Arrears: $212.14 awarded to landlord; Doorframe of another apartment the t…: $442.75 awarded to landlord; Entrance, laundry, living room and h…: $281.75 awarded to landlord; Replace Apartment Remote: $230.00 awarded to landlord

What type of tenancy dispute was case 4878982?

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

Where can I read the official tribunal order for case 4878982?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/10625901-Tenancy_Tribunal_Order.pdf.

What was the outcome of Tenancy Tribunal case 4878982?

The tribunal order states: Ryan Cruise Mihaka to pay Inspire Property Management Limited As Agent For

How much money was awarded in case 4878982?

Filing Fee: $20.44 awarded to landlord; Rent Arrears: $212.14 awarded to landlord; Doorframe of another apartment the t…: $442.75 awarded to landlord; Entrance, laundry, living room and h…: $281.75 awarded to landlord; Replace Apartment Remote: $230.00 awarded to landlord

What type of tenancy dispute was case 4878982?

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

Where can I read the official tribunal order for case 4878982?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/10625901-Tenancy_Tribunal_Order.pdf.

Unit/Flat 203, 30 Shortfin Place, Flat Bush, Auckland 2019 Tenancy Tribunal Case 4878982 — Property damage

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Unit/Flat 203, 30 Shortfin Place, Flat Bush, Auckland 2019 Tenancy Tribunal Case 4878982 — 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 4878982 — net $1,187.08 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears (to 31/03/24	$212.14	Rent arrears (to 31/03/24
Repairs: Entrance, laundry, living room and hallway doors	$281.75	Repairs: Entrance, laundry, living room and hallway doors
Replace apartment remote	$230.00	Replace apartment remote
Repairs: Doorframe of another apartment the tenant broke into	$442.75	Repairs: Doorframe of another apartment the tenant broke into
Filing fee reimbursement	$20.44	Filing fee reimbursement
Net award	$1,187.08
Total payable by Tenant to Landlord	$1,187.08

Claims and awards for application 4878982 — net $1,187.08 NZD. Verify on MoJ.

Rent arrears (to 31/03/24

Amount: $212.14
Awarded to: Landlord
Reason: Rent arrears (to 31/03/24

Repairs: Entrance, laundry, living room and hallway doors

Amount: $281.75
Awarded to: Landlord
Reason: Repairs: Entrance, laundry, living room and hallway doors

Replace apartment remote

Amount: $230.00
Awarded to: Landlord
Reason: Replace apartment remote

Repairs: Doorframe of another apartment the tenant broke into

Amount: $442.75
Awarded to: Landlord
Reason: Repairs: Doorframe of another apartment the tenant broke into

Filing fee reimbursement

Amount: $20.44
Awarded to: Landlord

Claim types — money lines allowed on this order

Filing Fee Rent arrears Property damage

Order

Ryan Cruise Mihaka to pay Inspire Property Management Limited As Agent For Marina Helen Nola $1,187.08 from the bond, calculated as shown in table below.
The Bond Centre is to pay the bond of $1,187.08 (6480180-010) to Inspire Property Management Limited As Agent For Marina Helen Nola immediately. The Bond Centre is to pay the bond of $57.92 (6480180-010) to Ryan Cruise Mihaka immediately.

Reasons

The landlord attended the hearing. The tenant did not.
I am satisfied that the tenant had received proper notice of the hearing time, date and place and chose not to attend.
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?

The tenancy ended on 31 March 2024. The landlord provided rent records which prove the amount owing at the end of the tenancy.

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. Damage to the entrance, laundry, living room and hallway walls; b. Damage to the door frame of another apartment the tenant tried to break into; c. A remote control for the apartment was damaged/missing and not returned to the landlord.
The damage is more than fair wear and tear, and the tenant has not disproved liability for the damage.
The amounts ordered are proved.
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. In calculating depreciation, I have considered the age and condition of the items at the start of the tenancy and their likely useful lifespan. Reimbursement of filing fee
Because the landlord 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 4878982 — net $1,187.08 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears (to 31/03/24	$212.14	Rent arrears (to 31/03/24
Repairs: Entrance, laundry, living room and hallway doors	$281.75	Repairs: Entrance, laundry, living room and hallway doors
Replace apartment remote	$230.00	Replace apartment remote
Repairs: Doorframe of another apartment the tenant broke into	$442.75	Repairs: Doorframe of another apartment the tenant broke into
Filing fee reimbursement	$20.44	Filing fee reimbursement
Net award	$1,187.08
Total payable by Tenant to Landlord	$1,187.08

Claims and awards for application 4878982 — net $1,187.08 NZD. Verify on MoJ.

Rent arrears (to 31/03/24

Amount: $212.14
Awarded to: Landlord
Reason: Rent arrears (to 31/03/24

Repairs: Entrance, laundry, living room and hallway doors

Amount: $281.75
Awarded to: Landlord
Reason: Repairs: Entrance, laundry, living room and hallway doors

Replace apartment remote

Amount: $230.00
Awarded to: Landlord
Reason: Replace apartment remote

Repairs: Doorframe of another apartment the tenant broke into

Amount: $442.75
Awarded to: Landlord
Reason: Repairs: Doorframe of another apartment the tenant broke into

Filing fee reimbursement

Amount: $20.44
Awarded to: Landlord

Claim types — money lines allowed on this order

Filing Fee Rent arrears Property damage

Order

Ryan Cruise Mihaka to pay Inspire Property Management Limited As Agent For Marina Helen Nola $1,187.08 from the bond, calculated as shown in table below.
The Bond Centre is to pay the bond of $1,187.08 (6480180-010) to Inspire Property Management Limited As Agent For Marina Helen Nola immediately. The Bond Centre is to pay the bond of $57.92 (6480180-010) to Ryan Cruise Mihaka immediately.

Reasons

The landlord attended the hearing. The tenant did not.
I am satisfied that the tenant had received proper notice of the hearing time, date and place and chose not to attend.
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?

The tenancy ended on 31 March 2024. The landlord provided rent records which prove the amount owing at the end of the tenancy.

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. Damage to the entrance, laundry, living room and hallway walls; b. Damage to the door frame of another apartment the tenant tried to break into; c. A remote control for the apartment was damaged/missing and not returned to the landlord.
The damage is more than fair wear and tear, and the tenant has not disproved liability for the damage.
The amounts ordered are proved.
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. In calculating depreciation, I have considered the age and condition of the items at the start of the tenancy and their likely useful lifespan. Reimbursement of filing fee
Because the landlord has wholly succeeded with the claim I must reimburse the filing fee

Tenancy Tribunal case 4878982 — Property damage at Unit/Flat 203, 30 Shortfin Place, Flat Bush, Auckland 2019

At a glance

Tenancy Tribunal case 4878982 — Property damage at Unit/Flat 203, 30 Shortfin Place, Flat Bush, Auckland 2019

At a glance

Award balance

Claims & awards

Order

Reasons

How much is owed for rent?

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?

Is the tenant responsible for the damage to the premises?

Topics & place

Residential Tenancies Act sections

Key findings

Property management

Frequently asked questions