What was the outcome of Tenancy Tribunal case 4884060?

The tribunal order states: Sione Mafi Taukei must pay City Sales Limited As Agent For Mark Fisher

How much money was awarded in case 4884060?

Cleaning: $376.75 awarded to landlord; Cleaning: $747.50 awarded to landlord; Pest Control: $310.00 awarded to landlord; Property Damage: $259.00 awarded to landlord; Property Damage: $350.00 awarded to landlord; Rent Arrears: $114.29 awarded to landlord; Walls: $1,500.00 awarded to landlord; Rubbish Removal: $500.00 awarded to landlord

What type of tenancy dispute was case 4884060?

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

Where can I read the official tribunal order for case 4884060?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/10771119-Tenancy_Tribunal_Order.pdf.

What was the outcome of Tenancy Tribunal case 4884060?

The tribunal order states: Sione Mafi Taukei must pay City Sales Limited As Agent For Mark Fisher

How much money was awarded in case 4884060?

Cleaning: $376.75 awarded to landlord; Cleaning: $747.50 awarded to landlord; Pest Control: $310.00 awarded to landlord; Property Damage: $259.00 awarded to landlord; Property Damage: $350.00 awarded to landlord; Rent Arrears: $114.29 awarded to landlord; Walls: $1,500.00 awarded to landlord; Rubbish Removal: $500.00 awarded to landlord

What type of tenancy dispute was case 4884060?

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

Where can I read the official tribunal order for case 4884060?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/10771119-Tenancy_Tribunal_Order.pdf.

Unit/Flat 606, 72 Nelson Street, Auckland Central, Auckland Tenancy Tribunal Case 4884060 — Property damage

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Unit/Flat 606, 72 Nelson Street, Auckland Central, Auckland Tenancy Tribunal Case 4884060 — 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 4884060 — net $4,157.54 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears to 2 April 2024	$114.29	Rent arrears to 2 April 2024
Cleaning	$747.50	Cleaning
Carpet Cleaning	$376.75	Carpet Cleaning
Rubbish removal	$500.00	Rubbish removal
Pest control	$310.00	Pest control
Lock/key replacement	$259.00	Lock/key replacement
Replacement of TV	$350.00	Replacement of TV
Repairs: walls	$1,500.00	Repairs: walls
Net award	$4,157.54
Total payable by Tenant to Landlord	$4,157.54

Claims and awards for application 4884060 — net $4,157.54 NZD. Verify on MoJ.

Rent arrears to 2 April 2024

Amount: $114.29
Awarded to: Landlord
Reason: Rent arrears to 2 April 2024

Cleaning

Amount: $747.50
Awarded to: Landlord
Reason: Cleaning

Carpet Cleaning

Amount: $376.75
Awarded to: Landlord
Reason: Carpet Cleaning

Rubbish removal

Amount: $500.00
Awarded to: Landlord
Reason: Rubbish removal

Pest control

Amount: $310.00
Awarded to: Landlord
Reason: Pest control

Lock/key replacement

Claim types — money lines allowed on this order

Carpet Cleaning Cleanliness Pest Control Property damage Rent arrears Rubbish Removal

Order

Sione Mafi Taukei must pay City Sales Limited As Agent For Mark Fisher $4,157.54 immediately, calculated as shown in table below.

Reasons

Both parties attended the hearing.
The landlord has applied for rent arrears and compensation following the end of the 4 year tenancy.

How much is owed for rent?

The tenancy ended on 2 April 2024. The landlord provided rent records which prove the amount owing at the end of the tenancy.
The arrears ordered take into account the bond of $1520.00 which has already been refunded to the landlord.

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 did not leave the premises reasonably clean and tidy, and did not remove all rubbish.
The tenant did not return all of the keys.
The TV was missing at the end of the tenancy.
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.

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 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 walls were damaged during the tenancy. The damage is more than fair wear and tear, and the tenant has not disproved liability for the damage.
Only the amounts ordered are proved.

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 4884060 — net $4,157.54 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears to 2 April 2024	$114.29	Rent arrears to 2 April 2024
Cleaning	$747.50	Cleaning
Carpet Cleaning	$376.75	Carpet Cleaning
Rubbish removal	$500.00	Rubbish removal
Pest control	$310.00	Pest control
Lock/key replacement	$259.00	Lock/key replacement
Replacement of TV	$350.00	Replacement of TV
Repairs: walls	$1,500.00	Repairs: walls
Net award	$4,157.54
Total payable by Tenant to Landlord	$4,157.54

Claims and awards for application 4884060 — net $4,157.54 NZD. Verify on MoJ.

Rent arrears to 2 April 2024

Amount: $114.29
Awarded to: Landlord
Reason: Rent arrears to 2 April 2024

Cleaning

Amount: $747.50
Awarded to: Landlord
Reason: Cleaning

Carpet Cleaning

Amount: $376.75
Awarded to: Landlord
Reason: Carpet Cleaning

Rubbish removal

Amount: $500.00
Awarded to: Landlord
Reason: Rubbish removal

Pest control

Amount: $310.00
Awarded to: Landlord
Reason: Pest control

Lock/key replacement

Claim types — money lines allowed on this order

Carpet Cleaning Cleanliness Pest Control Property damage Rent arrears Rubbish Removal

Order

Sione Mafi Taukei must pay City Sales Limited As Agent For Mark Fisher $4,157.54 immediately, calculated as shown in table below.

Reasons

Both parties attended the hearing.
The landlord has applied for rent arrears and compensation following the end of the 4 year tenancy.

How much is owed for rent?

The tenancy ended on 2 April 2024. The landlord provided rent records which prove the amount owing at the end of the tenancy.
The arrears ordered take into account the bond of $1520.00 which has already been refunded to the landlord.

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 did not leave the premises reasonably clean and tidy, and did not remove all rubbish.
The tenant did not return all of the keys.
The TV was missing at the end of the tenancy.
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.

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 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 walls were damaged during the tenancy. The damage is more than fair wear and tear, and the tenant has not disproved liability for the damage.
Only the amounts ordered are proved.

Tenancy Tribunal case 4884060 — Property damage at Unit/Flat 606, 72 Nelson Street, Auckland Central, Auckland

At a glance

Tenancy Tribunal case 4884060 — Property damage at Unit/Flat 606, 72 Nelson Street, Auckland Central, Auckland

At a glance

Award balance

Claims & awards

Order

Reasons

How much is owed for rent?

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?

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