What was the outcome of Tenancy Tribunal case 5405729?

The tribunal order states: Destine Snowden must pay Staircase Property Management Limited as agent for

How much money was awarded in case 5405729?

Property Damage: $176.60 awarded to landlord; Cleaning: $609.50 awarded to landlord; Filing Fee: $28.00 awarded to landlord; Property Damage: $312.50 awarded to landlord; Rent Credit: $465.00 awarded to tenant; Cook Top: $873.99 awarded to landlord; Water Rates: $443.52 awarded to landlord

What type of tenancy dispute was case 5405729?

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

Where can I read the official tribunal order for case 5405729?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/13367915-Tenancy_Tribunal_Order.pdf.

What was the outcome of Tenancy Tribunal case 5405729?

The tribunal order states: Destine Snowden must pay Staircase Property Management Limited as agent for

How much money was awarded in case 5405729?

Property Damage: $176.60 awarded to landlord; Cleaning: $609.50 awarded to landlord; Filing Fee: $28.00 awarded to landlord; Property Damage: $312.50 awarded to landlord; Rent Credit: $465.00 awarded to tenant; Cook Top: $873.99 awarded to landlord; Water Rates: $443.52 awarded to landlord

What type of tenancy dispute was case 5405729?

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

Where can I read the official tribunal order for case 5405729?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/13367915-Tenancy_Tribunal_Order.pdf.

Unit/Flat 208, 28C Eileen Newey Place, Henderson, Tenancy Tribunal Case 5405729 — Property damage

Reasons

Claims and awards in Tenancy Tribunal application 5405729 — net $1,979.11 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Tenant	Reason
Cleaning	$609.50		Cleaning
Repairs: cook top	$873.99		Repairs: cook top
Chattel replacement: oven trays and AC remote	$176.60		Chattel replacement: oven trays and AC remote
Lock/key replacement	$312.50		Lock/key replacement
Water rates	$443.52		Water rates
Filing fee reimbursement	$28.00		Filing fee reimbursement
Rent credit		$465.00	Rent credit
Total award	$2,444.11	$465.00
Net award	$1,979.11
Total payable by Tenant to Landlord	$1,979.11

Only the landlord attended the hearing.

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

Possession of the premises was ordered in favour of the landlord pursuant to a prior order made by another adjudicator, who began hearing the case. The tenancy was brought to an end without the agreement of the tenant, who then stayed on after the landlord had possession ordered in its favour.

The matter has then come to me to deal with compensation sought.

There is a credit of rent held by the landlord which must be taken into account, as noted above.

How much is owed for water and power?

The landlord provided relevant records and gave evidence that satisfied me that the amount ordered above was owing by the tenant at 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.

The tenant did not leave the premises reasonably clean and tidy. At the end of the tenancy, an AV remote and oven trays were missing. I am satisfied that the amounts ordered above sufficiently compensate the landlord for these matters.

Although there were some keys left at the premises, because of the nature of the tenancy and its ending, as well as the nature of the deliberate damage (dealt with below), I consider the landlord not unreasonably elected to have new keys made and the locks changed.

The amounts ordered are proven.

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.

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.

Photograph were show to me which showed a smashed glass cooktop. The cracks are large and must have been deliberate. No other conclusion can be drawn.

The full replacement cost is reasonable in my view because the premises was only a few years old and a cooktop should be expected to last for a very long time.

The amount ordered above is proven.

Because Staircase Property Management Limited as agent for Coradel Gulla has wholly succeeded with the claim I must reimburse the filing fee.

Claims and awards in Tenancy Tribunal application 5405729 — net $1,979.11 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Tenant	Reason
Cleaning	$609.50		Cleaning
Repairs: cook top	$873.99		Repairs: cook top
Chattel replacement: oven trays and AC remote	$176.60		Chattel replacement: oven trays and AC remote
Lock/key replacement	$312.50		Lock/key replacement
Water rates	$443.52		Water rates
Filing fee reimbursement	$28.00		Filing fee reimbursement
Rent credit		$465.00	Rent credit
Total award	$2,444.11	$465.00
Net award	$1,979.11
Total payable by Tenant to Landlord	$1,979.11

Order

Destine Snowden must pay Staircase Property Management Limited as agent for Coradel Gulla $1,979.11 immediately, calculated as shown in table below.

Reasons

Only the landlord attended the hearing.
The landlord has applied for compensation and reimbursement of the filing fee following the end of the tenancy.
Possession of the premises was ordered in favour of the landlord pursuant to a prior order made by another adjudicator, who began hearing the case. The tenancy was brought to an end without the agreement of the tenant, who then stayed on after the landlord had possession ordered in its favour.
The matter has then come to me to deal with compensation sought.
There is a credit of rent held by the landlord which must be taken into account, as noted above.

How much is owed for water and power?

The landlord provided relevant records and gave evidence that satisfied me that the amount ordered above was owing by the tenant at 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.
The tenant did not leave the premises reasonably clean and tidy. At the end of the tenancy, an AV remote and oven trays were missing. I am satisfied that the amounts ordered above sufficiently compensate the landlord for these matters.
Although there were some keys left at the premises, because of the nature of the tenancy and its ending, as well as the nature of the deliberate damage (dealt with below), I consider the landlord not unreasonably elected to have new keys made and the locks changed.
The amounts ordered are proven.

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.
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.
Photograph were show to me which showed a smashed glass cooktop. The cracks are large and must have been deliberate. No other conclusion can be drawn.
The full replacement cost is reasonable in my view because the premises was only a few years old and a cooktop should be expected to last for a very long time.
The amount ordered above is proven.
Because Staircase Property Management Limited as agent for Coradel Gulla has wholly succeeded with the claim I must reimburse the filing fee.

Tenancy Tribunal case 5405729 — Property damage at Unit/Flat 208, 28C Eileen Newey Place, Henderson,

At a glance

Tenancy Tribunal case 5405729 — Property damage at Unit/Flat 208, 28C Eileen Newey Place, Henderson,

At a glance

Award balance

Claims & awards

Order

Reasons

How much is owed for water and power?

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 and power?

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