How much money was awarded in case 5113174?

Filing Fee: $27.00 awarded to landlord; Property Damage: $57.50 awarded to landlord; Property Damage: $154.64 awarded to landlord; Property Damage: $550.00 awarded to landlord; Rubbish Removal: $568.00 awarded to landlord; Water Rates: $217.90 awarded to landlord

What type of tenancy dispute was case 5113174?

The primary dispute was Property damage.

Where can I read the official tribunal order for case 5113174?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/11568635-Tenancy_Tribunal_Order.pdf.

How much money was awarded in case 5113174?

Filing Fee: $27.00 awarded to landlord; Property Damage: $57.50 awarded to landlord; Property Damage: $154.64 awarded to landlord; Property Damage: $550.00 awarded to landlord; Rubbish Removal: $568.00 awarded to landlord; Water Rates: $217.90 awarded to landlord

What type of tenancy dispute was case 5113174?

The primary dispute was Property damage.

Where can I read the official tribunal order for case 5113174?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/11568635-Tenancy_Tribunal_Order.pdf.

14A Clark Street, Manurewa, Auckland 2102 Tenancy Tribunal Case 5113174 — Property damage

Q: What was the outcome of Tenancy Tribunal case 5113174?

The tribunal order states: Faapo Keti Letufuga and Soonalote Keti Letufuga to pay Gurmail Gill $1,575.04

Order

Claims and awards in Tenancy Tribunal application 5113174 — net $1,575.04 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Downlight cover replacement	$57.50	Downlight cover replacement
Window repairs	$154.64	Window repairs
Cleaning and rubbish removal	$568.00	Cleaning and rubbish removal
Repairs: Insurance excess for painting repairs	$550.00	Repairs: Insurance excess for painting repairs
Filing fee reimbursement	$27.00	Filing fee reimbursement
Water rates to 28 November 2024	$217.90	Water rates to 28 November 2024
Net award	$1,575.04
Bond	$2,600.00
Total payable by Tenant to Landlord	$1,575.04

Faapo Keti Letufuga and Soonalote Keti Letufuga to pay Gurmail Gill $1,575.04 from the bond, as calculated in the table below:

The Bond Centre is to pay the bond of $2,600.00 (6148896-004) immediately apportioned as follows: Gurmail Gill: $1,575.04 Faapo Keti Letufuga and Soonalote Keti Letufuga: $1,024.96

Reasons

The landlord attended the hearing. The tenant did not attend and did not respond when telephoned on the number ending in 001.

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

How much is owed for water rates?

The tenancy ended on 5 December 2024. The landlord provided outstanding water rates invoices which prove the amount owing through to 28 November 2024 of $217.90.

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 (RTA).

The tenant did not leave the premises reasonably clean and tidy and did not remove all rubbish. The landlord has provided photographs as evidence together with an invoice for the cost for cleaning and rubbish removal of $568.00.

The following chattels were missing at the end of the tenancy: a single downlight cover. The landlord had to replace this and has provided evidence for the cost of $57.50.

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 during the tenancy: the walls were intentionally painted with a colour that was not approved by the landlord, did not match other wall colours, and had to be repainted. There were also three broken windows at the property. The damage is more than fair wear and tear, and the tenant has not disproved liability for the damage.

The landlord has provided evidence of the insurance excess cost and an invoice for the window repairs.

The amounts ordered are proved.

Because Gurmail Gill has wholly succeeded with the claim I must reimburse the filing fee. R Harvey-Lane 13 March 2025

Claims and awards in Tenancy Tribunal application 5113174 — net $1,575.04 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Downlight cover replacement	$57.50	Downlight cover replacement
Window repairs	$154.64	Window repairs
Cleaning and rubbish removal	$568.00	Cleaning and rubbish removal
Repairs: Insurance excess for painting repairs	$550.00	Repairs: Insurance excess for painting repairs
Filing fee reimbursement	$27.00	Filing fee reimbursement
Water rates to 28 November 2024	$217.90	Water rates to 28 November 2024
Net award	$1,575.04
Bond	$2,600.00
Total payable by Tenant to Landlord	$1,575.04

Order

Faapo Keti Letufuga and Soonalote Keti Letufuga to pay Gurmail Gill $1,575.04 from the bond, as calculated in the table below:
The Bond Centre is to pay the bond of $2,600.00 (6148896-004) immediately apportioned as follows: Gurmail Gill: $1,575.04 Faapo Keti Letufuga and Soonalote Keti Letufuga: $1,024.96

Reasons

The landlord attended the hearing. The tenant did not attend and did not respond when telephoned on the number ending in 001.
The landlord has applied for outstanding water rates, compensation, partial refund of the bond, and reimbursement of the filing fee following the end of the tenancy.

How much is owed for water rates?

The tenancy ended on 5 December 2024. The landlord provided outstanding water rates invoices which prove the amount owing through to 28 November 2024 of $217.90.

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 (RTA).
The tenant did not leave the premises reasonably clean and tidy and did not remove all rubbish. The landlord has provided photographs as evidence together with an invoice for the cost for cleaning and rubbish removal of $568.00.
The following chattels were missing at the end of the tenancy: a single downlight cover. The landlord had to replace this and has provided evidence for the cost of $57.50.
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 during the tenancy: the walls were intentionally painted with a colour that was not approved by the landlord, did not match other wall colours, and had to be repainted. There were also three broken windows at the property. The damage is more than fair wear and tear, and the tenant has not disproved liability for the damage.
The landlord has provided evidence of the insurance excess cost and an invoice for the window repairs.
The amounts ordered are proved.
Because Gurmail Gill has wholly succeeded with the claim I must reimburse the filing fee. R Harvey-Lane 13 March 2025

Tenancy Tribunal case 5113174 — Property damage at 14A Clark Street, Manurewa, Auckland 2102

At a glance

Tenancy Tribunal case 5113174 — Property damage at 14A Clark Street, Manurewa, Auckland 2102

At a glance

Award balance

Claims & awards

Order

Reasons

How much is owed for 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

Frequently asked questions

Award balance

Claims & awards

Order

Reasons

How much is owed for 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

Frequently asked questions