How much money was awarded in case 4545871?

Cleaning: $287.50 awarded to landlord; Cleaning: $300.00 awarded to landlord; Filing Fee: $20.44 awarded to landlord; Rent Arrears: $1,544.29 awarded to landlord; Property Damage: $400.00 awarded to landlord; Property Damage: $400.00 awarded to landlord

What type of tenancy dispute was case 4545871?

The primary dispute was Rent arrears. Related themes: Property damage, Cleanliness.

Where can I read the official tribunal order for case 4545871?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/9357296-Tenancy_Tribunal_Order.pdf.

How much money was awarded in case 4545871?

Cleaning: $287.50 awarded to landlord; Cleaning: $300.00 awarded to landlord; Filing Fee: $20.44 awarded to landlord; Rent Arrears: $1,544.29 awarded to landlord; Property Damage: $400.00 awarded to landlord; Property Damage: $400.00 awarded to landlord

What type of tenancy dispute was case 4545871?

The primary dispute was Rent arrears. Related themes: Property damage, Cleanliness.

Where can I read the official tribunal order for case 4545871?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/9357296-Tenancy_Tribunal_Order.pdf.

Unit/Flat 1, 200 Chivalry Road, Glenfield, Auckland 0629 Tenancy Tribunal Case 4545871 — Rent arrears

Q: What was the outcome of Tenancy Tribunal case 4545871?

The tribunal order states: No application for suppression has been made in this case and no suppression

Order

Claims and awards in Tenancy Tribunal application 4545871 — net $632.23 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears	$1,544.29	Rent arrears
Carpet Cleaning	$287.50	Carpet Cleaning
Cleaning	$300.00	Cleaning
Window repairs: Ranch slider- Insurance excess	$400.00	Window repairs: Ranch slider- Insurance excess
Repairs: Blinds - Insurance excess	$400.00	Repairs: Blinds - Insurance excess
Filing fee reimbursement	$20.44	Filing fee reimbursement
Net award	$632.23
Total payable by Tenant to Landlord	$632.23

No application for suppression has been made in this case and no suppression orders apply around publication of this decision.

Haley Isted must pay Ray White Damerell Group Property Management Limited As Agent For Kajal & Alisha Patel $632.23 immediately, calculated as shown in table below.

The Bond Centre is to pay the bond of $2,320.00 (3000377-012) to Ray White Damerell Group Property Management Limited As Agent For Kajal & Alisha Patel immediately.

All other applications are dismissed.

Reasons

The landlord attended the hearing. There was no appearance by the tenant.

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

How much is owed for rent?

The tenancy ended on 27 February 2023. The landlord provided rent records which prove the amount owing at the end of the tenancy was $1,544.29.

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 did not leave the premises reasonably clean and tidy. The tenancy agreement provided that the tenant was not allowed to keep pets at the premises. Despite this, the tenant kept a dog. At the end of the tenancy the carpet had to be cleaned to remove stains and odour from the dog. The landlord provided an invoice for $287.50. The amount claimed is reasonable.

The landlord claimed $450.00 for an end of tenancy clean. The landlord said that the tenants had left the premises without doing any cleaning and that the premises were in very poor condition. The landlord provided an invoice for $450.00. The landlord confirmed that no other cleaning was carried out between the end of this tenancy and the commencement of a new tenancy. A tenant is only required to leave a property reasonably clean and tidy. The standard of cleanliness required at the commencement of a new tenancy is generally considered to be higher than the “reasonably clean and tidy” standard. Further cleaning by the landlord is usually required to bring it to that higher standard. I order the tenant to pay cleaning costs of $300.00.

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. The tenancy agreement records that the landlord has insurance cover for tenant damage with an excess per claim of $400.00.

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: The damage is more than fair wear and tear, and the tenant has not disproved liability for the damage.

A ranch slider was broken by the tenant who the landlord says appear to have thrown some outdoor furniture at it. The invoice for the repairs is $759.26. The excess on this claim being $400.00.

Blinds were damaged during the tenancy, and some were missing. The claim is for $529.00 with an excess of $400.00.

The amounts ordered are proved.

The landlord said that they wished to make claims for lawn mowing and damage to an oven. Those matters were not included in the landlord application and the tenant has not been given notice of them. I have not made any orders for those reasons. .

As Ray White Damerell Group Property Management Limited As Agent For Kajal & Alisha Patel has substantially succeeded with the claim I have ordered the tenant to reimburse the filing fee.

Claims and awards in Tenancy Tribunal application 4545871 — net $632.23 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears	$1,544.29	Rent arrears
Carpet Cleaning	$287.50	Carpet Cleaning
Cleaning	$300.00	Cleaning
Window repairs: Ranch slider- Insurance excess	$400.00	Window repairs: Ranch slider- Insurance excess
Repairs: Blinds - Insurance excess	$400.00	Repairs: Blinds - Insurance excess
Filing fee reimbursement	$20.44	Filing fee reimbursement
Net award	$632.23
Total payable by Tenant to Landlord	$632.23

Order

No application for suppression has been made in this case and no suppression orders apply around publication of this decision.
Haley Isted must pay Ray White Damerell Group Property Management Limited As Agent For Kajal & Alisha Patel $632.23 immediately, calculated as shown in table below.
The Bond Centre is to pay the bond of $2,320.00 (3000377-012) to Ray White Damerell Group Property Management Limited As Agent For Kajal & Alisha Patel immediately.
All other applications are dismissed.

Reasons

The landlord attended the hearing. There was no appearance by the tenant.
The landlord has applied for rent arrears, compensation, refund of the bond, and reimbursement of the filing fee following the end of the tenancy.

How much is owed for rent?

The tenancy ended on 27 February 2023. The landlord provided rent records which prove the amount owing at the end of the tenancy was $1,544.29.

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 did not leave the premises reasonably clean and tidy. The tenancy agreement provided that the tenant was not allowed to keep pets at the premises. Despite this, the tenant kept a dog. At the end of the tenancy the carpet had to be cleaned to remove stains and odour from the dog. The landlord provided an invoice for $287.50. The amount claimed is reasonable.
The landlord claimed $450.00 for an end of tenancy clean. The landlord said that the tenants had left the premises without doing any cleaning and that the premises were in very poor condition. The landlord provided an invoice for $450.00. The landlord confirmed that no other cleaning was carried out between the end of this tenancy and the commencement of a new tenancy. A tenant is only required to leave a property reasonably clean and tidy. The standard of cleanliness required at the commencement of a new tenancy is generally considered to be higher than the “reasonably clean and tidy” standard. Further cleaning by the landlord is usually required to bring it to that higher standard. I order the tenant to pay cleaning costs of $300.00.
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. The tenancy agreement records that the landlord has insurance cover for tenant damage with an excess per claim of $400.00.
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: The damage is more than fair wear and tear, and the tenant has not disproved liability for the damage.
A ranch slider was broken by the tenant who the landlord says appear to have thrown some outdoor furniture at it. The invoice for the repairs is $759.26. The excess on this claim being $400.00.
Blinds were damaged during the tenancy, and some were missing. The claim is for $529.00 with an excess of $400.00.
The amounts ordered are proved.
The landlord said that they wished to make claims for lawn mowing and damage to an oven. Those matters were not included in the landlord application and the tenant has not been given notice of them. I have not made any orders for those reasons. .
As Ray White Damerell Group Property Management Limited As Agent For Kajal & Alisha Patel has substantially succeeded with the claim I have ordered the tenant to reimburse the filing fee.

Tenancy Tribunal case 4545871 — Rent arrears at Unit/Flat 1, 200 Chivalry Road, Glenfield, Auckland 0629

At a glance

Tenancy Tribunal case 4545871 — Rent arrears at Unit/Flat 1, 200 Chivalry Road, Glenfield, Auckland 0629

At a glance

Award balance

Claims & awards

Order

Reasons

How much is owed for rent?

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 rent?

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