How much money was awarded in case 4964254?

Cleaning: $787.75 awarded to landlord; Filing Fee: $27.00 awarded to landlord; Property Damage: $231.75 awarded to landlord; Previous Order Application 4906216 D…: $20.44 awarded to landlord; Rent Arrears: $171.43 awarded to landlord; (Wardrobe door and walls and bedroom…: $787.75 awarded to landlord; Water Rates: $50.04 awarded to landlord

What type of tenancy dispute was case 4964254?

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

Where can I read the official tribunal order for case 4964254?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/10861920-Tenancy_Tribunal_Order.pdf.

How much money was awarded in case 4964254?

Cleaning: $787.75 awarded to landlord; Filing Fee: $27.00 awarded to landlord; Property Damage: $231.75 awarded to landlord; Previous Order Application 4906216 D…: $20.44 awarded to landlord; Rent Arrears: $171.43 awarded to landlord; (Wardrobe door and walls and bedroom…: $787.75 awarded to landlord; Water Rates: $50.04 awarded to landlord

What type of tenancy dispute was case 4964254?

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

Where can I read the official tribunal order for case 4964254?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/10861920-Tenancy_Tribunal_Order.pdf.

Unit/Flat Flat 46, 24 Norrie Avenue, Mount Albert, Tenancy Tribunal Case 4964254 — Property damage

Q: What was the outcome of Tenancy Tribunal case 4964254?

The tribunal order states: Benjamin Gaspar to pay Crockers Property Management Limited As Agent For

Order

Claims and awards in Tenancy Tribunal application 4964254 — net $2,076.16 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears (to 10/07/24	$171.43	6. At the end of the tenancy, the tenant still owed $50.04 in water rates arrears and $171.43 rent arrears.
Previous order application 4906216 dated 08/07/2024	$20.44	Previous order application 4906216 dated 08/07/2024
Water rates: 20/11/23 to 21/05/24	$50.04	Water rates: 20/11/23 to 21/05/24
Cleaning: (House clean, carpets, rubbish and toilet seat	$787.75	Cleaning: (House clean, carpets, rubbish and toilet seat
Repairs: (Wardrobe door and walls and bedroom light	$787.75	Repairs: (Wardrobe door and walls and bedroom light
Lock/key replacement: (rekey cylinder and cut keys	$231.75	Lock/key replacement: (rekey cylinder and cut keys
Filing fee reimbursement	$27.00	Filing fee reimbursement
Net award	$2,076.16
Bond	$2,400.00
Total payable by Tenant to Landlord	$2,076.16

Benjamin Gaspar to pay Crockers Property Management Limited As Agent For Hedy Sheck $2,076.16 from the bond, calculated as shown in table below.

This order incorporates the Tribunal order made on 8 July 2024 under application

The Bond Centre is to pay the bond of $2,400.00 (3411959-007) immediately apportioned as follows: Crockers Property Management Limited As Agent For Hedy Sheck: $2,076.16 Benjamin Gaspar: $323.84

Reasons

The landlord attended the hearing. The tenant did not.

I am satisfied that the tenant had received proper notice of the hearing time, date and place and chose not to attend.

On 8 July 2024 the Tribunal made an order relating to this tenancy terminating the tenancy and reimbursing the filing fee of $20.44. The previous order is incorporated into this order for enforcement purposes. The amount still owing from this order is $20.44.

The landlord has applied for reimbursement of the water rates, compensation for damages and reimbursement of the filing fee.

How much is owed for rent and water rates?

The tenancy ended on 10 July 2024.

At the end of the tenancy, the tenant still owed $50.04 in water rates arrears and $171.43 rent arrears.

The landlord provided rent records and water rates invoices which prove these amounts were still owing at the end of the tenancy.

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 is required to replace worn out smoke alarm batteries during the tenancy. See section 40(1)(ca) Residential Tenancies Act 1986. The tenant must also replace standard light bulbs.

The tenant did not leave the premises reasonably clean and tidy and did not remove all rubbish.

The landlord had to have the kitchen cupboards, bathroom, toilet, shower, some walls, some windowsills and some light switches cleaned as the photographic evidence shows the premise was not left in a reasonably clean and tidy condition.

The landlord has also proven it had to dispose of a desk left behind by the tenant and it had to have the lounge and bedroom carpets cleaned to remove stains made during the tenancy.

The tenant did not return one of the keys, which resulted in the landlord having to have the barrel of that lock rekeyed and ne keys cut.

The landlord also had to replace the toilet seat.

The amounts ordered are proved.

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 carelessly during the tenancy: a. A wardrobe door was damaged and needed repair and paint; and b. There was a hole in a wall that needed to be plastered, sanded and painted; and c. A bedroom light was broken and needed replacing.

The damage is more than fair wear and tear, and the tenant has not disproved liability for the damage.

The amounts ordered are proved.

I have considered 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 considered the age and condition of the items at the start of the tenancy and their likely useful lifespan. Reimbursement of filing fee

Because Crockers Property Management Limited As Agent For Hedy Sheck has wholly succeeded with the claim I must reimburse the filing fee.

Claims and awards in Tenancy Tribunal application 4964254 — net $2,076.16 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears (to 10/07/24	$171.43	6. At the end of the tenancy, the tenant still owed $50.04 in water rates arrears and $171.43 rent arrears.
Previous order application 4906216 dated 08/07/2024	$20.44	Previous order application 4906216 dated 08/07/2024
Water rates: 20/11/23 to 21/05/24	$50.04	Water rates: 20/11/23 to 21/05/24
Cleaning: (House clean, carpets, rubbish and toilet seat	$787.75	Cleaning: (House clean, carpets, rubbish and toilet seat
Repairs: (Wardrobe door and walls and bedroom light	$787.75	Repairs: (Wardrobe door and walls and bedroom light
Lock/key replacement: (rekey cylinder and cut keys	$231.75	Lock/key replacement: (rekey cylinder and cut keys
Filing fee reimbursement	$27.00	Filing fee reimbursement
Net award	$2,076.16
Bond	$2,400.00
Total payable by Tenant to Landlord	$2,076.16

Order

Benjamin Gaspar to pay Crockers Property Management Limited As Agent For Hedy Sheck $2,076.16 from the bond, calculated as shown in table below.
This order incorporates the Tribunal order made on 8 July 2024 under application
The Bond Centre is to pay the bond of $2,400.00 (3411959-007) immediately apportioned as follows: Crockers Property Management Limited As Agent For Hedy Sheck: $2,076.16 Benjamin Gaspar: $323.84

Reasons

The landlord attended the hearing. The tenant did not.
I am satisfied that the tenant had received proper notice of the hearing time, date and place and chose not to attend.
On 8 July 2024 the Tribunal made an order relating to this tenancy terminating the tenancy and reimbursing the filing fee of $20.44. The previous order is incorporated into this order for enforcement purposes. The amount still owing from this order is $20.44.
The landlord has applied for reimbursement of the water rates, compensation for damages and reimbursement of the filing fee.

How much is owed for rent and water rates?

The tenancy ended on 10 July 2024.
At the end of the tenancy, the tenant still owed $50.04 in water rates arrears and $171.43 rent arrears.
The landlord provided rent records and water rates invoices which prove these amounts were still owing at the end of the tenancy.

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 is required to replace worn out smoke alarm batteries during the tenancy. See section 40(1)(ca) Residential Tenancies Act 1986. The tenant must also replace standard light bulbs.
The tenant did not leave the premises reasonably clean and tidy and did not remove all rubbish.
The landlord had to have the kitchen cupboards, bathroom, toilet, shower, some walls, some windowsills and some light switches cleaned as the photographic evidence shows the premise was not left in a reasonably clean and tidy condition.
The landlord has also proven it had to dispose of a desk left behind by the tenant and it had to have the lounge and bedroom carpets cleaned to remove stains made during the tenancy.
The tenant did not return one of the keys, which resulted in the landlord having to have the barrel of that lock rekeyed and ne keys cut.
The landlord also had to replace the toilet seat.
The amounts ordered are proved.

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 carelessly during the tenancy: a. A wardrobe door was damaged and needed repair and paint; and b. There was a hole in a wall that needed to be plastered, sanded and painted; and c. A bedroom light was broken and needed replacing.
The damage is more than fair wear and tear, and the tenant has not disproved liability for the damage.
The amounts ordered are proved.
I have considered 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 considered the age and condition of the items at the start of the tenancy and their likely useful lifespan. Reimbursement of filing fee
Because Crockers Property Management Limited As Agent For Hedy Sheck has wholly succeeded with the claim I must reimburse the filing fee.

Tenancy Tribunal case 4964254 — Property damage at Unit/Flat Flat 46, 24 Norrie Avenue, Mount Albert,

At a glance

Tenancy Tribunal case 4964254 — Property damage at Unit/Flat Flat 46, 24 Norrie Avenue, Mount Albert,

At a glance

Award balance

Claims & awards

Order

Reasons

How much is owed for rent and 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

Property management

Frequently asked questions

Award balance

Claims & awards

Order

Reasons

How much is owed for rent and 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

Property management

Frequently asked questions