What was the outcome of Tenancy Tribunal case 4902935?

The tribunal order states: Russell John Aplin and Teneneari Teresa Low must pay Nancy Fong Anae

How much money was awarded in case 4902935?

Filing Fee: $20.44 awarded to landlord; Lawns and Garden Work: $375.00 awarded to landlord; Lawns and Garden Work: $125.00 awarded to landlord; Property Damage: $250.00 awarded to landlord; Property Damage: $148.30 awarded to landlord; Rubbish Removal: $87.99 awarded to landlord

What type of tenancy dispute was case 4902935?

The primary dispute was Property damage.

Where can I read the official tribunal order for case 4902935?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/10517070-Tenancy_Tribunal_Order.pdf.

What was the outcome of Tenancy Tribunal case 4902935?

The tribunal order states: Russell John Aplin and Teneneari Teresa Low must pay Nancy Fong Anae

How much money was awarded in case 4902935?

Filing Fee: $20.44 awarded to landlord; Lawns and Garden Work: $375.00 awarded to landlord; Lawns and Garden Work: $125.00 awarded to landlord; Property Damage: $250.00 awarded to landlord; Property Damage: $148.30 awarded to landlord; Rubbish Removal: $87.99 awarded to landlord

What type of tenancy dispute was case 4902935?

The primary dispute was Property damage.

Where can I read the official tribunal order for case 4902935?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/10517070-Tenancy_Tribunal_Order.pdf.

15 Connolly Avenue, Mount Roskill, Auckland 1041 Tenancy Tribunal Case 4902935 — Property damage

Reasons

Claims and awards in Tenancy Tribunal application 4902935 — net $1,006.73 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Lock/key replacement	$250.00	Lock/key replacement
Lawns and Garden work 21/2/24	$375.00	Lawns and Garden work 21/2/24
Lawns and Garden work 9/4/24	$125.00	Lawns and Garden work 9/4/24
Repair bedroom 2 door frame	$148.30	Repair bedroom 2 door frame
Rubbish removal	$87.99	Rubbish removal
Filing fee reimbursement	$20.44	Filing fee reimbursement
Net award	$1,006.73
Total payable by Tenant to Landlord	$1,006.73

This application was scheduled to be heard by teleconference. I rang the number provided for Mr Aplin and both calls went to voicemail. Ms Low answered the phone when I rang but hung up when she learned that I was from the Tenancy Tribunal. The hearing therefore proceeded in both the tenants’ absence.

The landlord has applied for compensation and reimbursement of the filing fee following the end of the tenancy.

Did the tenants 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 photographs show that the tenants did not remove all rubbish at the end of the tenancy.

I also accept that the tenants did not return the keys.

The amounts ordered to remedy these issues are proved by invoices.

The text messages show that the tenants agreed for the landlord to arrange for the lawns and weeding to be done in February 2024 at their cost. I accept that the tenants have not paid for this work – invoiced at $375.00.

The photographs taken at the end of the tenancy show that more work was needed on the grounds and that this work cost a further $120.00.

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 photographs show that a bedroom door frame has been damaged and it appears as though this damage has been caused by someone forcing or shouldering the door.

I regard this as intentional damage and so the tenants are required to pay the cost of repair which was invoiced at $148.30. Filing fee reimbursement

The landlord has wholly succeeded with the claim and so the tenants are required to reimburse her the filing fee. C ter Haar 01 July 2024

Claims and awards in Tenancy Tribunal application 4902935 — net $1,006.73 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Lock/key replacement	$250.00	Lock/key replacement
Lawns and Garden work 21/2/24	$375.00	Lawns and Garden work 21/2/24
Lawns and Garden work 9/4/24	$125.00	Lawns and Garden work 9/4/24
Repair bedroom 2 door frame	$148.30	Repair bedroom 2 door frame
Rubbish removal	$87.99	Rubbish removal
Filing fee reimbursement	$20.44	Filing fee reimbursement
Net award	$1,006.73
Total payable by Tenant to Landlord	$1,006.73

Order

Russell John Aplin and Teneneari Teresa Low must pay Nancy Fong Anae Rentals Limited $1,006.73 immediately, calculated as shown in table below.

Reasons

This application was scheduled to be heard by teleconference. I rang the number provided for Mr Aplin and both calls went to voicemail. Ms Low answered the phone when I rang but hung up when she learned that I was from the Tenancy Tribunal. The hearing therefore proceeded in both the tenants’ absence.
The landlord has applied for compensation and reimbursement of the filing fee following the end of the tenancy.

Did the tenants 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 photographs show that the tenants did not remove all rubbish at the end of the tenancy.
I also accept that the tenants did not return the keys.
The amounts ordered to remedy these issues are proved by invoices.
The text messages show that the tenants agreed for the landlord to arrange for the lawns and weeding to be done in February 2024 at their cost. I accept that the tenants have not paid for this work – invoiced at $375.00.
The photographs taken at the end of the tenancy show that more work was needed on the grounds and that this work cost a further $120.00.

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 photographs show that a bedroom door frame has been damaged and it appears as though this damage has been caused by someone forcing or shouldering the door.
I regard this as intentional damage and so the tenants are required to pay the cost of repair which was invoiced at $148.30. Filing fee reimbursement
The landlord has wholly succeeded with the claim and so the tenants are required to reimburse her the filing fee. C ter Haar 01 July 2024

Tenancy Tribunal case 4902935 — Property damage at 15 Connolly Avenue, Mount Roskill, Auckland 1041

At a glance

Tenancy Tribunal case 4902935 — Property damage at 15 Connolly Avenue, Mount Roskill, Auckland 1041

At a glance

Award balance

Claims & awards

Order

Reasons

Did the tenants 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 tenants 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