What was the outcome of Tenancy Tribunal case 4909953?

The tribunal order states: Charlotte Catherine Lealofi Mamaia must pay Gg Blue Enterprises Limited T/A

How much money was awarded in case 4909953?

Filing Fee: $20.44 awarded to landlord; Previous Order Application 4779221 D…: $3,020.39 awarded to landlord; Property Damage: $362.84 awarded to landlord; Property Damage: $571.61 awarded to landlord; Rent Arrears: $227.14 awarded to landlord; Rubbish Removal: $3,289.00 awarded to landlord

What type of tenancy dispute was case 4909953?

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

Where can I read the official tribunal order for case 4909953?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/10704193-Tenancy_Tribunal_Order.pdf.

What was the outcome of Tenancy Tribunal case 4909953?

The tribunal order states: Charlotte Catherine Lealofi Mamaia must pay Gg Blue Enterprises Limited T/A

How much money was awarded in case 4909953?

Filing Fee: $20.44 awarded to landlord; Previous Order Application 4779221 D…: $3,020.39 awarded to landlord; Property Damage: $362.84 awarded to landlord; Property Damage: $571.61 awarded to landlord; Rent Arrears: $227.14 awarded to landlord; Rubbish Removal: $3,289.00 awarded to landlord

What type of tenancy dispute was case 4909953?

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

Where can I read the official tribunal order for case 4909953?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/10704193-Tenancy_Tribunal_Order.pdf.

217 Mount Smart Road, Onehunga, Auckland 1061 Tenancy Tribunal Case 4909953 — Property damage

Reasons

Claims and awards in Tenancy Tribunal application 4909953 — net $7,491.42 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears – 3 days from 23/2/24 – 26/2/24	$227.14	Rent arrears – 3 days from 23/2/24 – 26/2/24
Previous order application 4779221 dated 21/02/2024	$3,020.39	Previous order application 4779221 dated 21/02/2024
Replacement toilet cistern	$362.84	Replacement toilet cistern
Repair broken living room window	$571.61	Repair broken living room window
Repair holes in walls, doors and rubbish removal	$3,289.00	Repair holes in walls, doors and rubbish removal
Filing fee reimbursement	$20.44	Filing fee reimbursement
Net award	$7,491.42
Total payable by Tenant to Landlord	$7,491.42

This application was scheduled to be heard by video conference. The tenant did not link into the Teams link and nor did either of the two calls I made to her phone go through. The hearing therefore proceeded in her absence.

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

These claims are over and above the Tenancy Tribunal Order dated 21 February 2024 (application number 4779221) and I have incorporated that order into this order.

I also note that this application was made more than 2 months after the tenant vacated the tenancy and so any notice or other document required to be served on a tenant must be given to or served on her either personally; or by posting it to a contact address that the tenant has supplied to the landlord in writing within the 2 months before the application; or by delivering it to the place where the tenant now lives and giving it to any person over 16 who appears to be residing there and who confirms that the tenant resides there; or by giving it to any solicitor or other agent authorised by the tenant to receive service on her behalf – see s91(A)(2) of the Residential Tenancies Act 1986.

I accept the evidence showing that on 5 June 2024 the tenant emailed the landlord giving her current address and that an application was made to the Tribunal on 10 June 2024. Proper service on the tenant has therefore been given.

How much is owed for rent?

By Order of the Tribunal this tenancy was terminated on 23 February 2024 and rent arrears were ordered to be paid to that date. However, I accept that the landlord gave the tenant three further days in which to vacate the tenancy at the tenant’s request. She therefore owes a further 3 days rent which is calculated as being $227.14.

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 evidence provided for today’s hearing, including photographs, show that there was a considerable amount of damage done to the house during the 14 months of the tenancy. This included a broken toilet cistern, a broken window in the lounge and a large number of holes in the walls and doors throughout the house.

Given the extent of the damage in a tenancy that lasted a mere 14 months, I have come to the conclusion that this damage is to be regarded as intentional. I consider that the tenant has allowed a situation to continue knowing that damage is a certainty. I would not have come to this conclusion had there only been a few holes.

The amounts ordered are proved by invoices. Rubbish removal and cleaning

At the end of a tenancy a tenant is required to remove all rubbish and to have cleaned the premises to a reasonable standard.

The photographs show that there was a considerable amount of rubbish left behind. The cost of removing this rubbish was incorporated in the invoice for repairing the holes in the walls and doors.

The landlord did not make a claim for cleaning the premises. Filing fee reimbursement

The tenant is also ordered to reimburse the filing fee to the landlord because the landlord was wholly successful in the claim against her. C ter Haar 14 August 2024

Claims and awards in Tenancy Tribunal application 4909953 — net $7,491.42 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears – 3 days from 23/2/24 – 26/2/24	$227.14	Rent arrears – 3 days from 23/2/24 – 26/2/24
Previous order application 4779221 dated 21/02/2024	$3,020.39	Previous order application 4779221 dated 21/02/2024
Replacement toilet cistern	$362.84	Replacement toilet cistern
Repair broken living room window	$571.61	Repair broken living room window
Repair holes in walls, doors and rubbish removal	$3,289.00	Repair holes in walls, doors and rubbish removal
Filing fee reimbursement	$20.44	Filing fee reimbursement
Net award	$7,491.42
Total payable by Tenant to Landlord	$7,491.42

Order

Charlotte Catherine Lealofi Mamaia must pay Gg Blue Enterprises Limited T/A Propertyscouts Manukau As Agent For Charlie Tu'u $7,491.42 immediately, calculated as shown in table below.
This order incorporates the Tenancy Tribunal Order for application 4779221.

Reasons

This application was scheduled to be heard by video conference. The tenant did not link into the Teams link and nor did either of the two calls I made to her phone go through. The hearing therefore proceeded in her absence.
The landlord has applied for rent arrears, compensation and reimbursement of the filing fee following the end of the tenancy.
These claims are over and above the Tenancy Tribunal Order dated 21 February 2024 (application number 4779221) and I have incorporated that order into this order.
I also note that this application was made more than 2 months after the tenant vacated the tenancy and so any notice or other document required to be served on a tenant must be given to or served on her either personally; or by posting it to a contact address that the tenant has supplied to the landlord in writing within the 2 months before the application; or by delivering it to the place where the tenant now lives and giving it to any person over 16 who appears to be residing there and who confirms that the tenant resides there; or by giving it to any solicitor or other agent authorised by the tenant to receive service on her behalf – see s91(A)(2) of the Residential Tenancies Act 1986.
I accept the evidence showing that on 5 June 2024 the tenant emailed the landlord giving her current address and that an application was made to the Tribunal on 10 June 2024. Proper service on the tenant has therefore been given.

How much is owed for rent?

By Order of the Tribunal this tenancy was terminated on 23 February 2024 and rent arrears were ordered to be paid to that date. However, I accept that the landlord gave the tenant three further days in which to vacate the tenancy at the tenant’s request. She therefore owes a further 3 days rent which is calculated as being $227.14.

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 evidence provided for today’s hearing, including photographs, show that there was a considerable amount of damage done to the house during the 14 months of the tenancy. This included a broken toilet cistern, a broken window in the lounge and a large number of holes in the walls and doors throughout the house.
Given the extent of the damage in a tenancy that lasted a mere 14 months, I have come to the conclusion that this damage is to be regarded as intentional. I consider that the tenant has allowed a situation to continue knowing that damage is a certainty. I would not have come to this conclusion had there only been a few holes.
The amounts ordered are proved by invoices. Rubbish removal and cleaning
At the end of a tenancy a tenant is required to remove all rubbish and to have cleaned the premises to a reasonable standard.
The photographs show that there was a considerable amount of rubbish left behind. The cost of removing this rubbish was incorporated in the invoice for repairing the holes in the walls and doors.
The landlord did not make a claim for cleaning the premises. Filing fee reimbursement
The tenant is also ordered to reimburse the filing fee to the landlord because the landlord was wholly successful in the claim against her. C ter Haar 14 August 2024

Tenancy Tribunal case 4909953 — Property damage at 217 Mount Smart Road, Onehunga, Auckland 1061

At a glance

Tenancy Tribunal case 4909953 — Property damage at 217 Mount Smart Road, Onehunga, Auckland 1061

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