What was Tenancy Tribunal case 4558048 about?

The tribunal order states: An application for suppression has been made in this case, and the Tribunal

How much money was awarded in case 4558048?

Property Damage: $138.00 awarded to landlord; Rent Arrears: $1,071.43 awarded to landlord; To Tiles: $345.00 awarded to landlord; Water Rates: $107.92 awarded to landlord

What type of tenancy dispute was case 4558048?

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

Where can I read the official tribunal order for case 4558048?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/9637876-Tribunal_Order_Redacted.pdf.

What was Tenancy Tribunal case 4558048 about?

The tribunal order states: An application for suppression has been made in this case, and the Tribunal

How much money was awarded in case 4558048?

Property Damage: $138.00 awarded to landlord; Rent Arrears: $1,071.43 awarded to landlord; To Tiles: $345.00 awarded to landlord; Water Rates: $107.92 awarded to landlord

What type of tenancy dispute was case 4558048?

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

Where can I read the official tribunal order for case 4558048?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/9637876-Tribunal_Order_Redacted.pdf.

Unit/Flat 1, 91 Abbotts Way, Remuera, Auckland 1050 Tenancy Tribunal Case 4558048 — Rent arrears

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Unit/Flat 1, 91 Abbotts Way, Remuera, Auckland 1050 Tenancy Tribunal Case 4558048 — Rent arrears | 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 4558048 — net $1,662.35 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears to 22/01/2023	$1,071.43	Rent arrears to 22/01/2023
Water rates to end of tenancy	$107.92	Water rates to end of tenancy
Repair bedroom window	$138.00	Repair bedroom window
Repairs: to tiles	$345.00	Repairs: to tiles
Net award	$1,662.35
Bond	$3,000.00
Total payable by Tenant to Landlord	$1,662.35

Claims and awards for application 4558048 — net $1,662.35 NZD. Verify on MoJ.

Rent arrears to 22/01/2023

Amount: $1,071.43
Awarded to: Landlord
Reason: Rent arrears to 22/01/2023

Water rates to end of tenancy

Amount: $107.92
Awarded to: Landlord
Reason: Water rates to end of tenancy

Repair bedroom window

Amount: $138.00
Awarded to: Landlord
Reason: Repair bedroom window

Repairs: to tiles

Amount: $345.00
Awarded to: Landlord
Reason: Repairs: to tiles

Net award

Landlord $1,662.35

Bond

Landlord $3,000.00

Total payable by Tenant to Landlord

Claim types — money lines allowed on this order

Property damage Rent arrears Water Rates

Order

An application for suppression has been made in this case, and the Tribunal orders suppression of the tenant’s name and identifying details.
[The tenant/s] to pay Tamaki Real Estate Limited $1,662.35 from the bond, calculated as shown in table below.
The landlord claims for compensation for cleaning and rubbish removal are dismissed.
The landlord claims for dishwasher and wastemaster repair are withdrawn.
The Bond Centre is to pay the bond of $3,000.00 [Bond number suppressed] immediately apportioned as follows: Tamaki Real Estate Limited: $1,662.35 [The tenant/s]: $1,337.65

Reasons

Both parties attended the hearing which took place by teleconference.
The tenant has applied for refund of the bond and reimbursement of the filing fee following the end of the tenancy.
The landlord cross applied for rent and water arrears, compensation, refund of the bond, and reimbursement of the filing fee.
This matter was part heard on 11 September 2023. On that day the Tribunal heard evidence from both parties and also heard evidence from Mr Gamage, father to the owner, in relation to the damages and cleaning claims.
The hearing was adjourned to today’s date for the parties to have an opportunity to compare statements in relation to the rent payments and for further evidence to be filed in relation to the damages, cleaning and rubbish removal claims.
This tenancy commenced in April 2018 and ended in January 2023. The parties have agreed on an end date of 22 January 2023.
The landlord has filed a counter claim for the bond seeking the following: (a) Rent arrears of $2064.29 being rent claimed to 22 January 2023. (b) Water charges to the end of the tenancy in the sum of $107.92 (c) Compensation for damage to a bedroom window, broken tiles in the kitchen, broken tiles outdoors, damage to the dishwasher and waste master. (d) Compensation for cleaning and rubbish removal
The bond belongs to the tenant unless the landlord successfully proves a claim against the bond.
The onus is on the landlord to prove the claims on the balance of probabilities.

How much is owed for rent and water rates?

The landlord provided water rates invoices. The tenant agrees with the water charges claimed. The amount of $107.92 is ordered.
The landlord sought rent arrears in the sum of $2064.29 and provided a rent statement. The tenant disputed the quantum of the rent arrears and claims that only rent of $1071.43 is owed. The tenant provided bank statements confirming a payment on 18 July 2019 not included in the landlord rent summary and provided calculations in support of the claim that the rent owed is $1071.43. The landlord acknowledged an error in the rent statement due to an unidentified payment being held in their suspense account and accepted the amended amount of rent arrears. The Tribunal orders rent arrears in the amount of $1071.43 accordingly.

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 landlord claimed that the tenant did not leave the premises reasonably clean and tidy and did not remove all rubbish.
The landlord provided a few close up photographs in support of the cleaning claim of the shower door, one window sill, some pots and pans on the doorstep, a mark on the carpet and some dust on two skirtings at the first hearing. The owner claimed that the new tenants were particular and required further cleaning. No further evidence was filed for today’s hearing.
The tenant disputes this claim and claimed that the premises were cleaned and that the pots and pans on the doorstep were removed by him.
It is not always easy to define what "reasonably clean and tidy" means. However, a tenant is not required to leave a property immaculate or even in a condition where the landlord would be happy to rent it out to a new tenant. What is required is that premises including the stove and bathroom fittings are cleaned and personal items removed. It is common that a landlord wishes to clean to an extra level so that they can re-tenant the premises, that is a business decision that a landlord makes at their cost.
Having considered the evidence the Tribunal finds that the landlord has failed to provide sufficient evidence to prove on the balance of probabilities that the tenant did not leave the premises reasonably clean and tidy and remove all rubbish. Therefore, the claim is 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. 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 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.
The following damage was caused during the tenancy: damage to window and damage to tiles. The damage is more than fair wear and tear, and the tenant accepts liability for the damage. The amount of $120 plus GST is ordered for the window repair and $300 plus GST is ordered for the tile repair by consent. The amounts ordered are less than four weeks rent.
The landlord also claimed that the dishwasher and waste master required repair but did not proceed with this claim. The owner stated he became aware of the need for repair after the new tenancy commenced and did not know how it happened. The claim is withdrawn. Filing fee/Suppression
Because both parties have had some success with their applications, I make no order for either filing fee to be reimbursed. See section 102(4) Residential Tenancies Act 1986.
At the hearing the tenant sought suppression of their identifying details in any publication of this order. The landlord opposed this and did not seek suppression of their details.
The Tribunal may on the application of any party or on its own initiative make a suppression order, having regard to the interests of the parties and to the public interest. Section 95A (4) Residential Tenancies Act 1986.
The tenant seeks suppression as he is in property development and is concerned that publication of his name may impact his business. In this case both parties have had some success with their applications and there has been a large measure of agreement between the parties. The Tribunal considers that the interests of the tenant outweighs the public interest of publication of the tenant name. Having considered the factors in this case the Tribunal grants suppression as sought.

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 4558048 — net $1,662.35 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears to 22/01/2023	$1,071.43	Rent arrears to 22/01/2023
Water rates to end of tenancy	$107.92	Water rates to end of tenancy
Repair bedroom window	$138.00	Repair bedroom window
Repairs: to tiles	$345.00	Repairs: to tiles
Net award	$1,662.35
Bond	$3,000.00
Total payable by Tenant to Landlord	$1,662.35

Claims and awards for application 4558048 — net $1,662.35 NZD. Verify on MoJ.

Rent arrears to 22/01/2023

Amount: $1,071.43
Awarded to: Landlord
Reason: Rent arrears to 22/01/2023

Water rates to end of tenancy

Amount: $107.92
Awarded to: Landlord
Reason: Water rates to end of tenancy

Repair bedroom window

Amount: $138.00
Awarded to: Landlord
Reason: Repair bedroom window

Repairs: to tiles

Amount: $345.00
Awarded to: Landlord
Reason: Repairs: to tiles

Net award

Landlord $1,662.35

Bond

Landlord $3,000.00

Total payable by Tenant to Landlord

Claim types — money lines allowed on this order

Property damage Rent arrears Water Rates

Order

An application for suppression has been made in this case, and the Tribunal orders suppression of the tenant’s name and identifying details.
[The tenant/s] to pay Tamaki Real Estate Limited $1,662.35 from the bond, calculated as shown in table below.
The landlord claims for compensation for cleaning and rubbish removal are dismissed.
The landlord claims for dishwasher and wastemaster repair are withdrawn.
The Bond Centre is to pay the bond of $3,000.00 [Bond number suppressed] immediately apportioned as follows: Tamaki Real Estate Limited: $1,662.35 [The tenant/s]: $1,337.65

Reasons

Both parties attended the hearing which took place by teleconference.
The tenant has applied for refund of the bond and reimbursement of the filing fee following the end of the tenancy.
The landlord cross applied for rent and water arrears, compensation, refund of the bond, and reimbursement of the filing fee.
This matter was part heard on 11 September 2023. On that day the Tribunal heard evidence from both parties and also heard evidence from Mr Gamage, father to the owner, in relation to the damages and cleaning claims.
The hearing was adjourned to today’s date for the parties to have an opportunity to compare statements in relation to the rent payments and for further evidence to be filed in relation to the damages, cleaning and rubbish removal claims.
This tenancy commenced in April 2018 and ended in January 2023. The parties have agreed on an end date of 22 January 2023.
The landlord has filed a counter claim for the bond seeking the following: (a) Rent arrears of $2064.29 being rent claimed to 22 January 2023. (b) Water charges to the end of the tenancy in the sum of $107.92 (c) Compensation for damage to a bedroom window, broken tiles in the kitchen, broken tiles outdoors, damage to the dishwasher and waste master. (d) Compensation for cleaning and rubbish removal
The bond belongs to the tenant unless the landlord successfully proves a claim against the bond.
The onus is on the landlord to prove the claims on the balance of probabilities.

How much is owed for rent and water rates?

The landlord provided water rates invoices. The tenant agrees with the water charges claimed. The amount of $107.92 is ordered.
The landlord sought rent arrears in the sum of $2064.29 and provided a rent statement. The tenant disputed the quantum of the rent arrears and claims that only rent of $1071.43 is owed. The tenant provided bank statements confirming a payment on 18 July 2019 not included in the landlord rent summary and provided calculations in support of the claim that the rent owed is $1071.43. The landlord acknowledged an error in the rent statement due to an unidentified payment being held in their suspense account and accepted the amended amount of rent arrears. The Tribunal orders rent arrears in the amount of $1071.43 accordingly.

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 landlord claimed that the tenant did not leave the premises reasonably clean and tidy and did not remove all rubbish.
The landlord provided a few close up photographs in support of the cleaning claim of the shower door, one window sill, some pots and pans on the doorstep, a mark on the carpet and some dust on two skirtings at the first hearing. The owner claimed that the new tenants were particular and required further cleaning. No further evidence was filed for today’s hearing.
The tenant disputes this claim and claimed that the premises were cleaned and that the pots and pans on the doorstep were removed by him.
It is not always easy to define what "reasonably clean and tidy" means. However, a tenant is not required to leave a property immaculate or even in a condition where the landlord would be happy to rent it out to a new tenant. What is required is that premises including the stove and bathroom fittings are cleaned and personal items removed. It is common that a landlord wishes to clean to an extra level so that they can re-tenant the premises, that is a business decision that a landlord makes at their cost.
Having considered the evidence the Tribunal finds that the landlord has failed to provide sufficient evidence to prove on the balance of probabilities that the tenant did not leave the premises reasonably clean and tidy and remove all rubbish. Therefore, the claim is 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. 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 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.
The following damage was caused during the tenancy: damage to window and damage to tiles. The damage is more than fair wear and tear, and the tenant accepts liability for the damage. The amount of $120 plus GST is ordered for the window repair and $300 plus GST is ordered for the tile repair by consent. The amounts ordered are less than four weeks rent.
The landlord also claimed that the dishwasher and waste master required repair but did not proceed with this claim. The owner stated he became aware of the need for repair after the new tenancy commenced and did not know how it happened. The claim is withdrawn. Filing fee/Suppression
Because both parties have had some success with their applications, I make no order for either filing fee to be reimbursed. See section 102(4) Residential Tenancies Act 1986.
At the hearing the tenant sought suppression of their identifying details in any publication of this order. The landlord opposed this and did not seek suppression of their details.
The Tribunal may on the application of any party or on its own initiative make a suppression order, having regard to the interests of the parties and to the public interest. Section 95A (4) Residential Tenancies Act 1986.
The tenant seeks suppression as he is in property development and is concerned that publication of his name may impact his business. In this case both parties have had some success with their applications and there has been a large measure of agreement between the parties. The Tribunal considers that the interests of the tenant outweighs the public interest of publication of the tenant name. Having considered the factors in this case the Tribunal grants suppression as sought.

Tenancy Tribunal case 4558048 — Rent arrears at Unit/Flat 1, 91 Abbotts Way, Remuera, Auckland 1050

At a glance

Tenancy Tribunal case 4558048 — Rent arrears at Unit/Flat 1, 91 Abbotts Way, Remuera, Auckland 1050

At a glance

Award balance

Claims & awards

Order

Reasons

How much is owed for rent and water rates?

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

Frequently asked questions

Award balance

Claims & awards

Order

Reasons

How much is owed for rent and water rates?

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

Frequently asked questions