What was the outcome of Tenancy Tribunal case 5079128?

The tribunal order states: Lavinia Vuni must pay Barfoot & Thompson Limited As Agent For Shrestha,

How much money was awarded in case 5079128?

Cleaning: $490.00 awarded to landlord; Filing Fee: $27.00 awarded to landlord; Walls and Doors: $1,380.00 awarded to landlord; Rubbish Removal: $874.00 awarded to landlord; Water Rates: $140.80 awarded to landlord

What type of tenancy dispute was case 5079128?

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

Where can I read the official tribunal order for case 5079128?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/11586888-Tenancy_Tribunal_Order.pdf.

What was the outcome of Tenancy Tribunal case 5079128?

The tribunal order states: Lavinia Vuni must pay Barfoot & Thompson Limited As Agent For Shrestha,

How much money was awarded in case 5079128?

Cleaning: $490.00 awarded to landlord; Filing Fee: $27.00 awarded to landlord; Walls and Doors: $1,380.00 awarded to landlord; Rubbish Removal: $874.00 awarded to landlord; Water Rates: $140.80 awarded to landlord

What type of tenancy dispute was case 5079128?

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

Where can I read the official tribunal order for case 5079128?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/11586888-Tenancy_Tribunal_Order.pdf.

68B Colwill Road, Massey, Auckland 0614 Tenancy Tribunal Case 5079128 — Property damage

Reasons

Claims and awards in Tenancy Tribunal application 5079128 — net $711.80 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Water rates	$140.80	3. The landlord has applied for water rates arrears, compensation, refund of the bond, and reimbursement of the filing fee following the end of the tenancy.
Cleaning	$490.00	Cleaning
Rubbish removal	$874.00	Rubbish removal
Repairs: to walls and doors and kitchen drawer	$1,380.00	Repairs: to walls and doors and kitchen drawer
Filing fee reimbursement	$27.00	Filing fee reimbursement
Net award	$711.80
Total payable by Tenant to Landlord	$711.80

Only the landlord attended the hearing. The tenant did not join the video meeting and could not be contacted by phone. On Thursday she had advised that she did not have access to a phone and queried whether the matter could be adjourned.

The landlord objected to delaying further. As the calls to the tenant went to her voicemail, the Tribunal is not satisfied that she could not receive calls. She could also have arranged to join the video meeting or provided another contact number. The hearing proceeded in her absence.

The landlord has applied for water rates arrears, compensation, refund of the bond, and reimbursement of the filing fee following the end of the tenancy.

How much is owed for rent?

The tenancy ended on 23/9/2024. The landlord confirmed no rent was either owing or in credit and provided water rates invoices which prove the amount 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, including an old fridge. The claim for cleaning is reduced by $200 from the amount invoiced as a tenant need not leave a property in a spotless condition. The $200 for washing windows and cleaning walls and ceilings can fairly be considered “maintenance” cleaning in a tenancy that ran for 2 years.

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 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: a wardrobe door, the toilet walls, the lounge wall and a kitchen drawer were damaged . 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 not taken into account betterment and depreciation. The award is for repair costs only.

Because Barfoot & Thompson Limited As Agent For Shrestha, Yogeeta has wholly succeeded with the claim I must reimburse the filing fee.

Claims and awards in Tenancy Tribunal application 5079128 — net $711.80 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Water rates	$140.80	3. The landlord has applied for water rates arrears, compensation, refund of the bond, and reimbursement of the filing fee following the end of the tenancy.
Cleaning	$490.00	Cleaning
Rubbish removal	$874.00	Rubbish removal
Repairs: to walls and doors and kitchen drawer	$1,380.00	Repairs: to walls and doors and kitchen drawer
Filing fee reimbursement	$27.00	Filing fee reimbursement
Net award	$711.80
Total payable by Tenant to Landlord	$711.80

Order

Lavinia Vuni must pay Barfoot & Thompson Limited As Agent For Shrestha, Yogeeta $711.80 immediately, calculated as shown in table below.
The Bond Centre is to refund the bond of $2,200.00 to the applicant immediately.

Reasons

Only the landlord attended the hearing. The tenant did not join the video meeting and could not be contacted by phone. On Thursday she had advised that she did not have access to a phone and queried whether the matter could be adjourned.
The landlord objected to delaying further. As the calls to the tenant went to her voicemail, the Tribunal is not satisfied that she could not receive calls. She could also have arranged to join the video meeting or provided another contact number. The hearing proceeded in her absence.
The landlord has applied for water rates arrears, compensation, refund of the bond, and reimbursement of the filing fee following the end of the tenancy.

How much is owed for rent?

The tenancy ended on 23/9/2024. The landlord confirmed no rent was either owing or in credit and provided water rates invoices which prove the amount 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, including an old fridge. The claim for cleaning is reduced by $200 from the amount invoiced as a tenant need not leave a property in a spotless condition. The $200 for washing windows and cleaning walls and ceilings can fairly be considered “maintenance” cleaning in a tenancy that ran for 2 years.
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 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: a wardrobe door, the toilet walls, the lounge wall and a kitchen drawer were damaged . 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 not taken into account betterment and depreciation. The award is for repair costs only.
Because Barfoot & Thompson Limited As Agent For Shrestha, Yogeeta has wholly succeeded with the claim I must reimburse the filing fee.

Tenancy Tribunal case 5079128 — Property damage at 68B Colwill Road, Massey, Auckland 0614

At a glance

Tenancy Tribunal case 5079128 — Property damage at 68B Colwill Road, Massey, Auckland 0614

At a glance

Award balance

Claims & awards

Order

Reasons

How much is owed for rent?

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?

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