What was the outcome of Tenancy Tribunal case 4926534?

The tribunal order states: Losi Aniseko, Esala Aloaina and Litia Aniseko must pay Barfoot & Thompson

How much money was awarded in case 4926534?

Cleaning: $1,380.00 awarded to landlord; Filing Fee: $20.44 awarded to landlord; Property Damage: $2,645.00 awarded to landlord

What type of tenancy dispute was case 4926534?

The primary dispute was Property damage. Related themes: Cleanliness.

Where can I read the official tribunal order for case 4926534?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/11305523-Tribunal_Order.pdf.

What was the outcome of Tenancy Tribunal case 4926534?

The tribunal order states: Losi Aniseko, Esala Aloaina and Litia Aniseko must pay Barfoot & Thompson

How much money was awarded in case 4926534?

Cleaning: $1,380.00 awarded to landlord; Filing Fee: $20.44 awarded to landlord; Property Damage: $2,645.00 awarded to landlord

What type of tenancy dispute was case 4926534?

The primary dispute was Property damage. Related themes: Cleanliness.

Where can I read the official tribunal order for case 4926534?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/11305523-Tribunal_Order.pdf.

Unit/Flat 3, 339 Pakuranga Road, Pakuranga Heights, Tenancy Tribunal Case 4926534 — Property damage

Reasons

Claims and awards in Tenancy Tribunal application 4926534 — net $4,045.44 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Repairs	$2,645.00	Repairs
Cleaning	$1,380.00	Cleaning
Filing fee reimbursement	$20.44	Filing fee reimbursement
Net award	$4,045.44
Total payable by Tenant to Landlord	$4,045.44

The landlord attended the hearing. The tenant did not attend the hearing.

On 17 April 2024 the Tribunal made an order terminating the tenancy and awarding rent arrears, carpet and wall repairs, water rates, an admin charge for change of tenant and the bond was released.

On 9 June 2024 the Tribunal made an order for rubbish removal.

The landlord has applied for cleaning and repairs following the end of the tenancy. A hearing date was allocated for 23 September 2024. That hearing was adjourned because the application was filed two months after termination of the tenancy, therefore section 91A applied.

The tenant was personally served on 2 December 2024 in accordance with section 91A(2)(a) Residential Tenancies Act 1986.

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 Tribunal had previously awarded for rubbish removal so the award at this hearing is for cleaning. The part of the invoice relating to cleaning is awarded accordingly.

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: wall and door damage, sliding door frame damage. The damage is more than fair wear and tear, and the tenant has not disproved liability for the damage.

The amounts ordered are proved. The damage is different to the damage that the Tribunal awarded for in the April 2024 order.

Because Barfoot & Thompson Limited has wholly succeeded with the claim I must reimburse the filing fee.

Claims and awards in Tenancy Tribunal application 4926534 — net $4,045.44 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Repairs	$2,645.00	Repairs
Cleaning	$1,380.00	Cleaning
Filing fee reimbursement	$20.44	Filing fee reimbursement
Net award	$4,045.44
Total payable by Tenant to Landlord	$4,045.44

Order

Losi Aniseko, Esala Aloaina and Litia Aniseko must pay Barfoot & Thompson Limited $4,045.44 immediately, calculated as shown in table below.

Reasons

The landlord attended the hearing. The tenant did not attend the hearing.
On 17 April 2024 the Tribunal made an order terminating the tenancy and awarding rent arrears, carpet and wall repairs, water rates, an admin charge for change of tenant and the bond was released.
On 9 June 2024 the Tribunal made an order for rubbish removal.
The landlord has applied for cleaning and repairs following the end of the tenancy. A hearing date was allocated for 23 September 2024. That hearing was adjourned because the application was filed two months after termination of the tenancy, therefore section 91A applied.
The tenant was personally served on 2 December 2024 in accordance with section 91A(2)(a) Residential Tenancies Act 1986.

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 Tribunal had previously awarded for rubbish removal so the award at this hearing is for cleaning. The part of the invoice relating to cleaning is awarded accordingly.

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: wall and door damage, sliding door frame damage. The damage is more than fair wear and tear, and the tenant has not disproved liability for the damage.
The amounts ordered are proved. The damage is different to the damage that the Tribunal awarded for in the April 2024 order.
Because Barfoot & Thompson Limited has wholly succeeded with the claim I must reimburse the filing fee.

Tenancy Tribunal case 4926534 — Property damage at Unit/Flat 3, 339 Pakuranga Road, Pakuranga Heights,

At a glance

Tenancy Tribunal case 4926534 — Property damage at Unit/Flat 3, 339 Pakuranga Road, Pakuranga Heights,

At a glance

Award balance

Claims & awards

Order

Reasons

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

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