What was the outcome of Tenancy Tribunal case 5005758?

The tribunal order states: Lautusi Muliau to pay The Rent Shop Limited as Agent For Thelma French &

How much money was awarded in case 5005758?

Filing Fee: $27.00 awarded to landlord; Window: $269.05 awarded to landlord; Water Rates: $588.22 awarded to landlord

What type of tenancy dispute was case 5005758?

The primary dispute was Property damage.

Where can I read the official tribunal order for case 5005758?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/11207436-Tenancy_Tribunal_Order.pdf.

What was the outcome of Tenancy Tribunal case 5005758?

The tribunal order states: Lautusi Muliau to pay The Rent Shop Limited as Agent For Thelma French &

How much money was awarded in case 5005758?

Filing Fee: $27.00 awarded to landlord; Window: $269.05 awarded to landlord; Water Rates: $588.22 awarded to landlord

What type of tenancy dispute was case 5005758?

The primary dispute was Property damage.

Where can I read the official tribunal order for case 5005758?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/11207436-Tenancy_Tribunal_Order.pdf.

426 Roscommon Road, Clendon Park, Auckland 2103 Tenancy Tribunal Case 5005758 — Property damage

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426 Roscommon Road, Clendon Park, Auckland 2103 Tenancy Tribunal Case 5005758 — Property damage | TenantCheck

Claims & awards

What this tenancy cost at tribunal — claim, category, amount, and party awarded, with reconciled net total.

Claims and awards in Tenancy Tribunal application 5005758. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Filing fee reimbursement	$27.00	andlord has wholly succeeded with the claim, I must reimburse the filing fee of $27.00. Name suppression
Repairs: Window	$269.05	Repairs: Window
Water rates to 1 October 2024	$588.22	Water rates to 1 October 2024

Claims and awards for application 5005758. Verify on MoJ.

Filing fee reimbursement

Amount: $27.00
Awarded to: Landlord
Reason: andlord has wholly succeeded with the claim, I must reimburse the filing fee of $27.00. Name suppression

Repairs: Window

Amount: $269.05
Awarded to: Landlord
Reason: Repairs: Window

Water rates to 1 October 2024

Amount: $588.22
Awarded to: Landlord
Reason: Water rates to 1 October 2024

Claim types — money lines allowed on this order

Filing Fee Property damage Water Rates

Order

Lautusi Muliau to pay The Rent Shop Limited as Agent For Thelma French & Warren Gibb $884.27, calculated as shown in table below.

Reasons

Both parties attended the hearing.
The landlord attended the hearing by video call.
The tenant was telephoned on the phone number provided but the phone call went unanswered. I am satisfied the tenant was properly served with notice of the hearing. The hearing proceeded in their absence.
The landlord has applied for water rates, compensation for damage and reimbursement of the filing fee.
The tenancy commenced on 2 March 2020 and in ongoing. Water rates
The landlord provided a water rates statement and invoices which confirm the amount claimed of $588.22 to 1 October 2024 and I make an order for the amount claimed in full. Damage to window
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’s insurance excess of $750 and rent is $640 per week.
The following damage was caused during the tenancy: a. A window was broken. i. The landlord’s evidence was that the tenant told the landlord that their child had broken a window. The landlord arranged for the window to be repaired. The landlord claimed $269.05 for the repair. I consider this likely to be careless damage and award the full amount for the repair.
The damage is more than fair wear and tear, and the tenants have not disproved liability for the damage. The amount ordered is proved. Filing fee
Because the landlord has wholly succeeded with the claim, I must reimburse the filing fee of $27.00. Name suppression
The landlord confirmed that name suppression was not sought.

Claims & awards

What this tenancy cost at tribunal — claim, category, amount, and party awarded, with reconciled net total.

Claims and awards in Tenancy Tribunal application 5005758. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Filing fee reimbursement	$27.00	andlord has wholly succeeded with the claim, I must reimburse the filing fee of $27.00. Name suppression
Repairs: Window	$269.05	Repairs: Window
Water rates to 1 October 2024	$588.22	Water rates to 1 October 2024

Claims and awards for application 5005758. Verify on MoJ.

Filing fee reimbursement

Amount: $27.00
Awarded to: Landlord
Reason: andlord has wholly succeeded with the claim, I must reimburse the filing fee of $27.00. Name suppression

Repairs: Window

Amount: $269.05
Awarded to: Landlord
Reason: Repairs: Window

Water rates to 1 October 2024

Amount: $588.22
Awarded to: Landlord
Reason: Water rates to 1 October 2024

Claim types — money lines allowed on this order

Filing Fee Property damage Water Rates

Order

Lautusi Muliau to pay The Rent Shop Limited as Agent For Thelma French & Warren Gibb $884.27, calculated as shown in table below.

Reasons

Both parties attended the hearing.
The landlord attended the hearing by video call.
The tenant was telephoned on the phone number provided but the phone call went unanswered. I am satisfied the tenant was properly served with notice of the hearing. The hearing proceeded in their absence.
The landlord has applied for water rates, compensation for damage and reimbursement of the filing fee.
The tenancy commenced on 2 March 2020 and in ongoing. Water rates
The landlord provided a water rates statement and invoices which confirm the amount claimed of $588.22 to 1 October 2024 and I make an order for the amount claimed in full. Damage to window
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’s insurance excess of $750 and rent is $640 per week.
The following damage was caused during the tenancy: a. A window was broken. i. The landlord’s evidence was that the tenant told the landlord that their child had broken a window. The landlord arranged for the window to be repaired. The landlord claimed $269.05 for the repair. I consider this likely to be careless damage and award the full amount for the repair.
The damage is more than fair wear and tear, and the tenants have not disproved liability for the damage. The amount ordered is proved. Filing fee
Because the landlord has wholly succeeded with the claim, I must reimburse the filing fee of $27.00. Name suppression
The landlord confirmed that name suppression was not sought.

Tenancy Tribunal case 5005758 — Property damage at 426 Roscommon Road, Clendon Park, Auckland 2103

At a glance

Tenancy Tribunal case 5005758 — Property damage at 426 Roscommon Road, Clendon Park, Auckland 2103

At a glance

Claims & awards

Order

Reasons

Topics & place

Residential Tenancies Act sections

Key findings

Property management

Frequently asked questions

Claims & awards

Order

Reasons

Topics & place

Residential Tenancies Act sections

Key findings

Property management

Frequently asked questions