What was the outcome of Tenancy Tribunal case 5146173?

The tribunal order states: Kisepi Ma'afu-Roberts must pay Spectre Property Management Services

How much money was awarded in case 5146173?

Filing Fee: $27.00 awarded to landlord; Previous Order Application 4997050 D…: $411.23 awarded to landlord; Property Damage: $400.00 awarded to landlord; Rubbish Removal: $400.00 awarded to landlord; Water Rates: $55.75 awarded to landlord

What type of tenancy dispute was case 5146173?

The primary dispute was Property damage.

Where can I read the official tribunal order for case 5146173?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/11849990-Tenancy_Tribunal_Order.pdf.

What was the outcome of Tenancy Tribunal case 5146173?

The tribunal order states: Kisepi Ma'afu-Roberts must pay Spectre Property Management Services

How much money was awarded in case 5146173?

Filing Fee: $27.00 awarded to landlord; Previous Order Application 4997050 D…: $411.23 awarded to landlord; Property Damage: $400.00 awarded to landlord; Rubbish Removal: $400.00 awarded to landlord; Water Rates: $55.75 awarded to landlord

What type of tenancy dispute was case 5146173?

The primary dispute was Property damage.

Where can I read the official tribunal order for case 5146173?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/11849990-Tenancy_Tribunal_Order.pdf.

21 Hewlett Road, Massey, Auckland 0614 Tenancy Tribunal Case 5146173 — Property damage

Reasons

Claims and awards in Tenancy Tribunal application 5146173 — net $1,293.98 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Previous order application 4997050 dated 15/11/2024	$411.23	Previous order application 4997050 dated 15/11/2024
Water rates	$55.75	Water rates
Rubbish removal	$400.00	Rubbish removal
Repairs: Bedroom 2 window glass repair	$400.00	Repairs: Bedroom 2 window glass repair
Filing fee reimbursement	$27.00	Filing fee reimbursement
Net award	$1,293.98
Total payable by Tenant to Landlord	$1,293.98

The landlord attended the hearing via remote teleconference. An attempt was made to contact the tenant on the telephone number provided. The attempt was unsuccessful.

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

How much is owed for water rates?

The tenancy ended on or about 16 November 2024. The landlord provided a Watercare invoice which prove the amount owing at the end of the tenancy. Having sighted this evidence I am satisfied that the tenant is responsible for this outstanding water debt.

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 landlord claims that the tenant did not remove all rubbish and furniture from the property at the end of the tenancy. Photographic evidence was provided to the Tribunal during the hearing in support of this claim. The landlord also provided confirmation of a skip bin expense receipt dated 27 November 2024.

The amount ordered is 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. Bedroom window glass repair:

The landlord claims that the tenant damaged a bedroom window during the tenancy. The damage is more than fair wear and tear, and the tenant has not attended the hearing today and disproved liability for the damage. The landlord provided photographic evidence of the damaged window. I have also sighted an expense claim from United Glass dated 26 November 2024.

The amount ordered is proved.

Because Spectre Property Management Services Limited has wholly succeeded with the claim I must reimburse the filing fee.

Claims and awards in Tenancy Tribunal application 5146173 — net $1,293.98 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Previous order application 4997050 dated 15/11/2024	$411.23	Previous order application 4997050 dated 15/11/2024
Water rates	$55.75	Water rates
Rubbish removal	$400.00	Rubbish removal
Repairs: Bedroom 2 window glass repair	$400.00	Repairs: Bedroom 2 window glass repair
Filing fee reimbursement	$27.00	Filing fee reimbursement
Net award	$1,293.98
Total payable by Tenant to Landlord	$1,293.98

Order

Kisepi Ma'afu-Roberts must pay Spectre Property Management Services Limited $1,293.98 immediately, calculated as shown in table below.

Reasons

The landlord attended the hearing via remote teleconference. An attempt was made to contact the tenant on the telephone number provided. The attempt was unsuccessful.
The landlord has applied for water arrears, compensation, and reimbursement of the filing fee following the end of the tenancy.

How much is owed for water rates?

The tenancy ended on or about 16 November 2024. The landlord provided a Watercare invoice which prove the amount owing at the end of the tenancy. Having sighted this evidence I am satisfied that the tenant is responsible for this outstanding water debt.

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 landlord claims that the tenant did not remove all rubbish and furniture from the property at the end of the tenancy. Photographic evidence was provided to the Tribunal during the hearing in support of this claim. The landlord also provided confirmation of a skip bin expense receipt dated 27 November 2024.
The amount ordered is 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. Bedroom window glass repair:
The landlord claims that the tenant damaged a bedroom window during the tenancy. The damage is more than fair wear and tear, and the tenant has not attended the hearing today and disproved liability for the damage. The landlord provided photographic evidence of the damaged window. I have also sighted an expense claim from United Glass dated 26 November 2024.
The amount ordered is proved.
Because Spectre Property Management Services Limited has wholly succeeded with the claim I must reimburse the filing fee.

Tenancy Tribunal case 5146173 — Property damage at 21 Hewlett Road, Massey, Auckland 0614

At a glance

Tenancy Tribunal case 5146173 — Property damage at 21 Hewlett Road, Massey, Auckland 0614

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

Property management

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

Property management

Frequently asked questions