What was the outcome of Tenancy Tribunal case 4898190?

The tribunal order states: Elenitaffy Foluena must pay Xavier Puran Mohan Singh $2,634.69 immediately,

How much money was awarded in case 4898190?

Filing Fee: $20.44 awarded to landlord; Garage Door: $569.25 awarded to landlord; Rubbish Removal: $333.50 awarded to landlord; Rubbish Removal: $1,552.50 awarded to landlord; Water Rates: $159.00 awarded to landlord

What type of tenancy dispute was case 4898190?

The primary dispute was Property damage.

Where can I read the official tribunal order for case 4898190?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/10977814-Tenancy_Tribunal_Order.pdf.

What was the outcome of Tenancy Tribunal case 4898190?

The tribunal order states: Elenitaffy Foluena must pay Xavier Puran Mohan Singh $2,634.69 immediately,

How much money was awarded in case 4898190?

Filing Fee: $20.44 awarded to landlord; Garage Door: $569.25 awarded to landlord; Rubbish Removal: $333.50 awarded to landlord; Rubbish Removal: $1,552.50 awarded to landlord; Water Rates: $159.00 awarded to landlord

What type of tenancy dispute was case 4898190?

The primary dispute was Property damage.

Where can I read the official tribunal order for case 4898190?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/10977814-Tenancy_Tribunal_Order.pdf.

Unit/Flat 4, 15 Hastie Avenue, Mangere Bridge, Auckland Tenancy Tribunal Case 4898190 — Property damage

Reasons

Claims and awards in Tenancy Tribunal application 4898190 — net $2,634.69 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Water rates to 3 February 2024	$159.00	Water rates to 3 February 2024
Rubbish removal: labour charges	$1,552.50	Rubbish removal: labour charges
Rubbish removal: dumping fees	$333.50	Rubbish removal: dumping fees
Repairs: garage door	$569.25	Repairs: garage door
Filing fee reimbursement	$20.44	Filing fee reimbursement
Net award	$2,634.69
Total payable by Tenant to Landlord	$2,634.69

Only the landlord attended the hearing. I am satisfied that the tenant has been served in accordance with the relevant service provisions of the Residential Tenancies Act 1986 and so the hearing proceeded in the tenant’s absence.

The tenancy began on 15 November 2024 and ended following an order for termination from this Tribunal on 25 March 2024.

The landlord has now taken back possession and has applied for overdue water rates, compensation for rubbish removal and damage, and reimbursement of the filing fee.

How much is owed for water rates?

The landlord provided invoices for December 2023 and January and February 2024. The consumption charges for all three months total $159.00 and I order compensation in this amount.

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 remove all rubbish. The landlord provided photos showing a huge amount of items left behind in the garage, kitchen, lounge and bathroom.

The landlord provided an invoice from Stakeholder PR & Logistics in the amount of $1,552.50 for rubbish removal (labour) and $333.50 (dumping fees).

Given the amount of rubbish left behind I consider the amount claimed reasonable and order compensation to the landlord of both amounts.

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 landlord said that the tenant had caused the following damage: a. Door in hallway detached off hinges; b. Garage door damaged due to force, became misaligned, springs offset; c. Gib damage in bedroom 1; d. Gib damage in lounge; e. Paint damaged/scuffed marks on walls; and f. Door jam damaged and needed replacement.

While the landlord had photos of some of the damage there were no ingoing inspection photos and so the landlord was unable to prove that all of the damage above was caused during the tenancy.

The only damage that I have found proven is the damage to the garage door, as the landlord provided photos of the damage and correspondence with the tenant which indicated that the garage door was damaged during the tenancy. The tenant denied causing all of the other damage.

The landlord provided an invoice from Stakeholder PR & Logistics for repair of the garage door as follows:

The amount claimed for the garage door is $569.25 with GST included. I consider this amount to be reasonable and order the total amount claimed. In my view there is no basis for depreciation because the garage door has simply been repaired to original condition.

Because Xavier Puran Mohan Singh has substantially succeeded with the claim I have reimbursed the filing fee.

Claims and awards in Tenancy Tribunal application 4898190 — net $2,634.69 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Water rates to 3 February 2024	$159.00	Water rates to 3 February 2024
Rubbish removal: labour charges	$1,552.50	Rubbish removal: labour charges
Rubbish removal: dumping fees	$333.50	Rubbish removal: dumping fees
Repairs: garage door	$569.25	Repairs: garage door
Filing fee reimbursement	$20.44	Filing fee reimbursement
Net award	$2,634.69
Total payable by Tenant to Landlord	$2,634.69

Order

Elenitaffy Foluena must pay Xavier Puran Mohan Singh $2,634.69 immediately, calculated as shown in table below.

Reasons

Only the landlord attended the hearing. I am satisfied that the tenant has been served in accordance with the relevant service provisions of the Residential Tenancies Act 1986 and so the hearing proceeded in the tenant’s absence.
The tenancy began on 15 November 2024 and ended following an order for termination from this Tribunal on 25 March 2024.
The landlord has now taken back possession and has applied for overdue water rates, compensation for rubbish removal and damage, and reimbursement of the filing fee.

How much is owed for water rates?

The landlord provided invoices for December 2023 and January and February 2024. The consumption charges for all three months total $159.00 and I order compensation in this amount.

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 remove all rubbish. The landlord provided photos showing a huge amount of items left behind in the garage, kitchen, lounge and bathroom.
The landlord provided an invoice from Stakeholder PR & Logistics in the amount of $1,552.50 for rubbish removal (labour) and $333.50 (dumping fees).
Given the amount of rubbish left behind I consider the amount claimed reasonable and order compensation to the landlord of both amounts.

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 landlord said that the tenant had caused the following damage: a. Door in hallway detached off hinges; b. Garage door damaged due to force, became misaligned, springs offset; c. Gib damage in bedroom 1; d. Gib damage in lounge; e. Paint damaged/scuffed marks on walls; and f. Door jam damaged and needed replacement.
While the landlord had photos of some of the damage there were no ingoing inspection photos and so the landlord was unable to prove that all of the damage above was caused during the tenancy.
The only damage that I have found proven is the damage to the garage door, as the landlord provided photos of the damage and correspondence with the tenant which indicated that the garage door was damaged during the tenancy. The tenant denied causing all of the other damage.
The landlord provided an invoice from Stakeholder PR & Logistics for repair of the garage door as follows:
The amount claimed for the garage door is $569.25 with GST included. I consider this amount to be reasonable and order the total amount claimed. In my view there is no basis for depreciation because the garage door has simply been repaired to original condition.
Because Xavier Puran Mohan Singh has substantially succeeded with the claim I have reimbursed the filing fee.

Tenancy Tribunal case 4898190 — Property damage at Unit/Flat 4, 15 Hastie Avenue, Mangere Bridge, Auckland

At a glance

Tenancy Tribunal case 4898190 — Property damage at Unit/Flat 4, 15 Hastie Avenue, Mangere Bridge, Auckland

At a glance

Award balance

Claims & awards

Order

Reasons

How much is owed for 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

Frequently asked questions

Award balance

Claims & awards

Order

Reasons

How much is owed for 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

Frequently asked questions