What was the outcome of Tenancy Tribunal case 5403215?

The tribunal order states: Liam Tukuafu must pay Yellow Group Property Management Limited As Agents

How much money was awarded in case 5403215?

Cleaning: $1,052.25 awarded to landlord; Filing Fee: $28.00 awarded to landlord; Lawns and Garden Work: $350.00 awarded to landlord; Property Damage: $4,400.00 awarded to landlord; Property Damage: $213.51 awarded to landlord; Property Damage: $100.00 awarded to tenant; Light Fitting (Bathroom: $265.58 awarded to landlord; Water Rates: $43.45 awarded to landlord

What type of tenancy dispute was case 5403215?

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

Where can I read the official tribunal order for case 5403215?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/13637318-Tenancy_Tribunal_Order.pdf.

What was the outcome of Tenancy Tribunal case 5403215?

The tribunal order states: Liam Tukuafu must pay Yellow Group Property Management Limited As Agents

How much money was awarded in case 5403215?

Cleaning: $1,052.25 awarded to landlord; Filing Fee: $28.00 awarded to landlord; Lawns and Garden Work: $350.00 awarded to landlord; Property Damage: $4,400.00 awarded to landlord; Property Damage: $213.51 awarded to landlord; Property Damage: $100.00 awarded to tenant; Light Fitting (Bathroom: $265.58 awarded to landlord; Water Rates: $43.45 awarded to landlord

What type of tenancy dispute was case 5403215?

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

Where can I read the official tribunal order for case 5403215?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/13637318-Tenancy_Tribunal_Order.pdf.

102 Borich Road, Sunnyvale, Auckland 0612 Tenancy Tribunal Case 5403215 — Property damage

Reasons

Claims and awards in Tenancy Tribunal application 5403215 — net $3,892.79 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Tenant	Reason
damage by room	$4,400.00		damage by room
Cleaning	$1,052.25		Cleaning
Lawns and Garden work: and Rubbish Removal	$350.00		Lawns and Garden work: and Rubbish Removal
Lock/key replacement	$213.51		Lock/key replacement
Repairs: Light fitting (bathroom	$265.58		Repairs: Light fitting (bathroom
Water rates: 11 September to 15 October 2025	$43.45		Water rates: 11 September to 15 October 2025
Filing fee reimbursement	$28.00		Filing fee reimbursement
Payment to ledger by tenant for repairs		$100.00	Payment to ledger by tenant for repairs
Bond already refunded by consent		$2,360.00	Bond already refunded by consent
Total award	$6,352.79	$2,460.00
Net award	$3,892.79
Total payable by Tenant to Landlord	$3,892.79

The landlord attended the hearing. The tenant did not.

I am satisfied that the tenant had received proper notice of the hearing time, date and place and chose not to attend.

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 did not leave the premises reasonably clean and tidy and did not remove all rubbish.

The tenant did not return the keys.

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: a. Lounge and entrance- holes in walls, carpet damaged, roller blind crayon marks that could not be removed; b. Dining/kitchen- crayon marks on walls, dent in flooring requiring remediation and new vinyl, roller blinds crayon marks that could not be removed; c. Hallway- flooring damaged from flooding, crayon and pen marks all over walls, carpet and underlay damaged, hot water cylinder damaged due to high impact damage; d. Laundry- vinyl flooring damaged and needed replacing; e. Bathroom- vinyl flooring damaged and needed replacing and light fitting broken; f. Bedroom 1- carpet and underlay damaged, crayon and pen marks all over walls; g. Bedroom 2- carpet and underlay damaged, crayon and pen marks all over walls, door damage; h. Bedroom 3- carpet and underlay damaged, crayon and pen marks all over walls and blinds, door damage; and i. Rear deck- damaged panel in lattice.

The photographic evidence provided by the landlord proves this damage is occurred during the tenancy, is more than fair wear and tear and is a combination of careless and intentional damage. The tenant has not disproved liability for the damage.

The amounts ordered are proved.

I have considered 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 considered the age and condition of the items at the start of the tenancy and their likely useful lifespan. Reimbursement of filing fee

Section 102(4) of the RTA confirms that applicants that are wholly or substantially successful in proving their claims will have their filing fee reimbursed.

Because the landlord has wholly succeeded with its claims I must reimburse the filing fee.

Claims and awards in Tenancy Tribunal application 5403215 — net $3,892.79 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Tenant	Reason
damage by room	$4,400.00		damage by room
Cleaning	$1,052.25		Cleaning
Lawns and Garden work: and Rubbish Removal	$350.00		Lawns and Garden work: and Rubbish Removal
Lock/key replacement	$213.51		Lock/key replacement
Repairs: Light fitting (bathroom	$265.58		Repairs: Light fitting (bathroom
Water rates: 11 September to 15 October 2025	$43.45		Water rates: 11 September to 15 October 2025
Filing fee reimbursement	$28.00		Filing fee reimbursement
Payment to ledger by tenant for repairs		$100.00	Payment to ledger by tenant for repairs
Bond already refunded by consent		$2,360.00	Bond already refunded by consent
Total award	$6,352.79	$2,460.00
Net award	$3,892.79
Total payable by Tenant to Landlord	$3,892.79

Order

Liam Tukuafu must pay Yellow Group Property Management Limited As Agents For P & L Smith Family Trust $3,892.79 immediately, calculated as shown in table below.

Reasons

The landlord attended the hearing. The tenant did not.
I am satisfied that the tenant had received proper notice of the hearing time, date and place and chose not to attend.
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 did not leave the premises reasonably clean and tidy and did not remove all rubbish.
The tenant did not return the keys.
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: a. Lounge and entrance- holes in walls, carpet damaged, roller blind crayon marks that could not be removed; b. Dining/kitchen- crayon marks on walls, dent in flooring requiring remediation and new vinyl, roller blinds crayon marks that could not be removed; c. Hallway- flooring damaged from flooding, crayon and pen marks all over walls, carpet and underlay damaged, hot water cylinder damaged due to high impact damage; d. Laundry- vinyl flooring damaged and needed replacing; e. Bathroom- vinyl flooring damaged and needed replacing and light fitting broken; f. Bedroom 1- carpet and underlay damaged, crayon and pen marks all over walls; g. Bedroom 2- carpet and underlay damaged, crayon and pen marks all over walls, door damage; h. Bedroom 3- carpet and underlay damaged, crayon and pen marks all over walls and blinds, door damage; and i. Rear deck- damaged panel in lattice.
The photographic evidence provided by the landlord proves this damage is occurred during the tenancy, is more than fair wear and tear and is a combination of careless and intentional damage. The tenant has not disproved liability for the damage.
The amounts ordered are proved.
I have considered 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 considered the age and condition of the items at the start of the tenancy and their likely useful lifespan. Reimbursement of filing fee
Section 102(4) of the RTA confirms that applicants that are wholly or substantially successful in proving their claims will have their filing fee reimbursed.
Because the landlord has wholly succeeded with its claims I must reimburse the filing fee.

Tenancy Tribunal case 5403215 — Property damage at 102 Borich Road, Sunnyvale, Auckland 0612

At a glance

Tenancy Tribunal case 5403215 — Property damage at 102 Borich Road, Sunnyvale, Auckland 0612

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