What was the outcome of Tenancy Tribunal case 5188231?

The tribunal order states: Janaka Pradeep Kumara Jayawardena Samarakoon Mudiyanselage to pay

How much money was awarded in case 5188231?

Filing Fee: $27.00 awarded to landlord; Window Latch: $299.00 awarded to landlord

What type of tenancy dispute was case 5188231?

The dispute type was not classified.

Where can I read the official tribunal order for case 5188231?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/11594600-Tenancy_Tribunal_Order.pdf.

What was the outcome of Tenancy Tribunal case 5188231?

The tribunal order states: Janaka Pradeep Kumara Jayawardena Samarakoon Mudiyanselage to pay

How much money was awarded in case 5188231?

Filing Fee: $27.00 awarded to landlord; Window Latch: $299.00 awarded to landlord

What type of tenancy dispute was case 5188231?

The dispute type was not classified.

Where can I read the official tribunal order for case 5188231?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/11594600-Tenancy_Tribunal_Order.pdf.

14C Galsworthy Place, Bucklands Beach, Auckland 2014 Tenancy Tribunal Case 5188231 — Tenancy dispute

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14C Galsworthy Place, Bucklands Beach, Auckland 2014 Tenancy Tribunal Case 5188231 — Tenancy dispute | 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 5188231 — net $326.00 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Window latch	$299.00	Window latch
Filing fee reimbursement	$27.00	Filing fee reimbursement
Net award	$326.00
Bond	$4,600.00
Total payable by Tenant to Landlord	$326.00

Claims and awards for application 5188231 — net $326.00 NZD. Verify on MoJ.

Window latch

Amount: $299.00
Awarded to: Landlord
Reason: Window latch

Filing fee reimbursement

Amount: $27.00
Awarded to: Landlord
Reason: Filing fee reimbursement

Net award

Landlord $326.00

Bond

Landlord $4,600.00

Total payable by Tenant to Landlord

Landlord $326.00

Claim types — money lines allowed on this order

Filing Fee

Order

Janaka Pradeep Kumara Jayawardena Samarakoon Mudiyanselage to pay First Reserve Limited As Agent For Jingyue Guan $326.00 from the bond, calculated as shown in table below.
The Bond Centre is to pay the bond of $4,600.00 (6526184-008) immediately apportioned as follows: First Reserve Limited As Agent For Jingyue Guan: $326.00 Janaka Pradeep Kumara Jayawardena Samarakoon Mudiyanselage: $4,274.00

Reasons

Both parties attended the hearing.
The landlord has applied for compensation from the bond, and reimbursement of the filing fee following the end of the tenancy. Compensation for the plumber callout
The landlord has claimed the cost of a plumber callout from the tenant. The landlord’s claim is that the tenant advised of a leak that did not exist. However, I am satisfied that the last advice to the landlord from the tenant on 1 July 2024 was that there was no leak visible under the sink. The landlord does not have proof that the tenant advised of a leak after that date and before the plumber arrived on 16 August 2024. The claim must be dismissed.

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. See sections 40(2)(a), 41 and 49B RTA.
The landlord has claimed that a window latch was broken during the tenancy and glued back on. The latch broke off when the landlord used the latch about 4 days after the tenancy came to an end. He photographed the latch and evidence of it having been glued. The premises was new when the tenant moved in a year before the tenancy ended.
I am satisfied that it is more likely than not that the damage and gluing of the latch happened during the tenancy. The damage is more than fair wear and tear, and the tenant has not disproved liability for the damage.
The amount ordered is the contractor’s cost of repair. Filing Fee
Because the landlord has been successful with the claim the filing fee of $27.00 is ordered to be paid by the tenant.

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 5188231 — net $326.00 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Window latch	$299.00	Window latch
Filing fee reimbursement	$27.00	Filing fee reimbursement
Net award	$326.00
Bond	$4,600.00
Total payable by Tenant to Landlord	$326.00

Claims and awards for application 5188231 — net $326.00 NZD. Verify on MoJ.

Window latch

Amount: $299.00
Awarded to: Landlord
Reason: Window latch

Filing fee reimbursement

Amount: $27.00
Awarded to: Landlord
Reason: Filing fee reimbursement

Net award

Landlord $326.00

Bond

Landlord $4,600.00

Total payable by Tenant to Landlord

Landlord $326.00

Claim types — money lines allowed on this order

Filing Fee

Order

Janaka Pradeep Kumara Jayawardena Samarakoon Mudiyanselage to pay First Reserve Limited As Agent For Jingyue Guan $326.00 from the bond, calculated as shown in table below.
The Bond Centre is to pay the bond of $4,600.00 (6526184-008) immediately apportioned as follows: First Reserve Limited As Agent For Jingyue Guan: $326.00 Janaka Pradeep Kumara Jayawardena Samarakoon Mudiyanselage: $4,274.00

Reasons

Both parties attended the hearing.
The landlord has applied for compensation from the bond, and reimbursement of the filing fee following the end of the tenancy. Compensation for the plumber callout
The landlord has claimed the cost of a plumber callout from the tenant. The landlord’s claim is that the tenant advised of a leak that did not exist. However, I am satisfied that the last advice to the landlord from the tenant on 1 July 2024 was that there was no leak visible under the sink. The landlord does not have proof that the tenant advised of a leak after that date and before the plumber arrived on 16 August 2024. The claim must be dismissed.

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. See sections 40(2)(a), 41 and 49B RTA.
The landlord has claimed that a window latch was broken during the tenancy and glued back on. The latch broke off when the landlord used the latch about 4 days after the tenancy came to an end. He photographed the latch and evidence of it having been glued. The premises was new when the tenant moved in a year before the tenancy ended.
I am satisfied that it is more likely than not that the damage and gluing of the latch happened during the tenancy. The damage is more than fair wear and tear, and the tenant has not disproved liability for the damage.
The amount ordered is the contractor’s cost of repair. Filing Fee
Because the landlord has been successful with the claim the filing fee of $27.00 is ordered to be paid by the tenant.

Tenancy Tribunal case 5188231 — Tenancy dispute at 14C Galsworthy Place, Bucklands Beach, Auckland 2014

At a glance

Tenancy Tribunal case 5188231 — Tenancy dispute at 14C Galsworthy Place, Bucklands Beach, Auckland 2014

At a glance

Award balance

Claims & awards

Order

Reasons

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

Is the tenant responsible for the damage to the premises?

Topics & place

Residential Tenancies Act sections

Key findings

Property management

Frequently asked questions