What was the outcome of Tenancy Tribunal case 5364683?

The tribunal order states: Mona-Lisa Te Ata Grace-Tafengatoto and Jamie Ngahina Grace must pay

How much money was awarded in case 5364683?

Filing Fee: $28.00 awarded to landlord; Fence: $390.90 awarded to landlord; Garage Window: $235.75 awarded to landlord; Wardrobe Door: $86.86 awarded to landlord; Rubbish Removal: $459.72 awarded to landlord

What type of tenancy dispute was case 5364683?

The primary dispute was Property damage.

Where can I read the official tribunal order for case 5364683?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/13032556-Tenancy_Tribunal_Order.pdf.

What was the outcome of Tenancy Tribunal case 5364683?

The tribunal order states: Mona-Lisa Te Ata Grace-Tafengatoto and Jamie Ngahina Grace must pay

How much money was awarded in case 5364683?

Filing Fee: $28.00 awarded to landlord; Fence: $390.90 awarded to landlord; Garage Window: $235.75 awarded to landlord; Wardrobe Door: $86.86 awarded to landlord; Rubbish Removal: $459.72 awarded to landlord

What type of tenancy dispute was case 5364683?

The primary dispute was Property damage.

Where can I read the official tribunal order for case 5364683?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/13032556-Tenancy_Tribunal_Order.pdf.

22 Deas Place, Otahuhu, Auckland 1062 Tenancy Tribunal Case 5364683 — Property damage

Reasons

Claims and awards in Tenancy Tribunal application 5364683 — net $1,201.23 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Repairs: Fence	$390.90	Repairs: Fence
Repairs: Wardrobe door	$86.86	Repairs: Wardrobe door
Rubbish removal	$459.72	Rubbish removal
Repairs: Garage window	$235.75	Repairs: Garage window
Filing fee reimbursement	$28.00	Filing fee reimbursement
Net award	$1,201.23
Total payable by Tenant to Landlord	$1,201.23

The Landlord attended the hearing. The Tenants failed to answer telephone calls made by the Tribunal on the phone numbers provided.

The landlord has applied for compensation and reimbursement of the filing fee following 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 failed to remove all rubbish from the property. The vacate report photographs show a considerable amount of rubbish left behind, including furniture, whiteware, and smaller items. Invoices for rubbish removal and tip fees were provided.

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.

Damage occurred during the tenancy to the front fence, garage window, wardrobe door, and front ranchslider. Evidence provided shows the front fence and wardrobe door were initially undamaged, and the garage window was intact at the start of the tenancy but broken by the Tenant. While end-of-tenancy photos show damage to the ranchslider, there is no evidence it was in good condition at the start. The damage exceeds fair wear and tear, except for the ranchslider, as there is insufficient proof the Tenant caused that damage.

The amounts ordered are proved.

I have taken into account betterment and depreciation. The landlord should be returned to the position they would have been in had the tenant not breached their obligations, and should not be better or worse off. In calculating depreciation, I have taken into account the age and condition of the items at the start of the tenancy and their likely useful lifespan.

As the Landlord has been substantially successful, the Tenant shall reimburse the fling fee.

Claims and awards in Tenancy Tribunal application 5364683 — net $1,201.23 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Repairs: Fence	$390.90	Repairs: Fence
Repairs: Wardrobe door	$86.86	Repairs: Wardrobe door
Rubbish removal	$459.72	Rubbish removal
Repairs: Garage window	$235.75	Repairs: Garage window
Filing fee reimbursement	$28.00	Filing fee reimbursement
Net award	$1,201.23
Total payable by Tenant to Landlord	$1,201.23

Order

Mona-Lisa Te Ata Grace-Tafengatoto and Jamie Ngahina Grace must pay Superfund Holdings Limited $1,201.23 immediately, calculated as shown in table below.

Reasons

The Landlord attended the hearing. The Tenants failed to answer telephone calls made by the Tribunal on the phone numbers provided.
The landlord has applied for compensation and reimbursement of the filing fee following 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 failed to remove all rubbish from the property. The vacate report photographs show a considerable amount of rubbish left behind, including furniture, whiteware, and smaller items. Invoices for rubbish removal and tip fees were provided.
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.
Damage occurred during the tenancy to the front fence, garage window, wardrobe door, and front ranchslider. Evidence provided shows the front fence and wardrobe door were initially undamaged, and the garage window was intact at the start of the tenancy but broken by the Tenant. While end-of-tenancy photos show damage to the ranchslider, there is no evidence it was in good condition at the start. The damage exceeds fair wear and tear, except for the ranchslider, as there is insufficient proof the Tenant caused that damage.
The amounts ordered are proved.
I have taken into account betterment and depreciation. The landlord should be returned to the position they would have been in had the tenant not breached their obligations, and should not be better or worse off. In calculating depreciation, I have taken into account the age and condition of the items at the start of the tenancy and their likely useful lifespan.
As the Landlord has been substantially successful, the Tenant shall reimburse the fling fee.

Tenancy Tribunal case 5364683 — Property damage at 22 Deas Place, Otahuhu, Auckland 1062

At a glance

Tenancy Tribunal case 5364683 — Property damage at 22 Deas Place, Otahuhu, Auckland 1062

At a glance

Award balance

Claims & awards

Order

Reasons

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

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