What was the outcome of Tenancy Tribunal case 4573169?

The tribunal order states: Tyson Pene must pay Crockers Property Management Limited As Agent For

How much money was awarded in case 4573169?

Cleaning: $100.00 awarded to landlord; Filing Fee: $20.44 awarded to landlord; Lawns and Garden Work: $50.00 awarded to landlord; Rent Arrears: $6,345.75 awarded to landlord; Walls And Toilet Seat: $348.45 awarded to landlord; Water Rates: $144.50 awarded to landlord

What type of tenancy dispute was case 4573169?

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

Where can I read the official tribunal order for case 4573169?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/9639289-Tribunal_Order.pdf.

What was the outcome of Tenancy Tribunal case 4573169?

The tribunal order states: Tyson Pene must pay Crockers Property Management Limited As Agent For

How much money was awarded in case 4573169?

Cleaning: $100.00 awarded to landlord; Filing Fee: $20.44 awarded to landlord; Lawns and Garden Work: $50.00 awarded to landlord; Rent Arrears: $6,345.75 awarded to landlord; Walls And Toilet Seat: $348.45 awarded to landlord; Water Rates: $144.50 awarded to landlord

What type of tenancy dispute was case 4573169?

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

Where can I read the official tribunal order for case 4573169?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/9639289-Tribunal_Order.pdf.

Unit/Flat 1, 150A Don Buck Road, Massey, Auckland 0614 Tenancy Tribunal Case 4573169 — Rent arrears

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Unit/Flat 1, 150A Don Buck Road, Massey, Auckland 0614 Tenancy Tribunal Case 4573169 — 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 4573169 — net $7,009.14 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears to 22 April 2023	$6,345.75	Rent arrears to 22 April 2023
Water rates	$144.50	Water rates
Repairs: Walls and toilet seat	$348.45	Repairs: Walls and toilet seat
Carpet Cleaning	$100.00	Carpet Cleaning
Lawns and Garden work	$50.00	Lawns and Garden work
Filing fee reimbursement	$20.44	Filing fee reimbursement
Net award	$7,009.14
Total payable by Tenant to Landlord	$7,009.14

Claims and awards for application 4573169 — net $7,009.14 NZD. Verify on MoJ.

Rent arrears to 22 April 2023

Amount: $6,345.75
Awarded to: Landlord
Reason: Rent arrears to 22 April 2023

Water rates

Amount: $144.50
Awarded to: Landlord
Reason: Water rates

Repairs: Walls and toilet seat

Amount: $348.45
Awarded to: Landlord
Reason: Repairs: Walls and toilet seat

Carpet Cleaning

Amount: $100.00
Awarded to: Landlord
Reason: Carpet Cleaning

Lawns and Garden work

Amount: $50.00
Awarded to: Landlord
Reason: Lawns and Garden work

Claim types — money lines allowed on this order

Carpet Cleaning Filing Fee Lawns And Garden Work Rent arrears Property damage Water Rates

Order

Tyson Pene must pay Crockers Property Management Limited As Agent For Caitlin King And Tyler Simeon $7,009.14 immediately, calculated as shown in table below.

Reasons

The landlord attended the hearing, the respondent did not.
The landlord has applied for rent arrears, compensation and reimbursement of the filing fee following the end of the tenancy.

How much is owed for rent and water rates?

The tenancy ended on 22 April 2023. The landlord provided rent records and water rates invoices which prove the amount owing at the end of the tenancy was $6,343.75 rent arrears and $144.50 water rates.

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 to the extent that he left the carpet with an oil stain and several other marks, and the lawns requiring mowing.
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.
The following damage was caused during the tenancy: a. A dent in a wall. b. A broken toilet seat.
The damage is more than fair wear and tear, and the tenant has not disproved liability for the 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.
Because Crockers Property Management Limited As Agent For Caitlin King And Tyler Simeon has substantially succeeded with the claim I have reimbursed the filing fee.

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 4573169 — net $7,009.14 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears to 22 April 2023	$6,345.75	Rent arrears to 22 April 2023
Water rates	$144.50	Water rates
Repairs: Walls and toilet seat	$348.45	Repairs: Walls and toilet seat
Carpet Cleaning	$100.00	Carpet Cleaning
Lawns and Garden work	$50.00	Lawns and Garden work
Filing fee reimbursement	$20.44	Filing fee reimbursement
Net award	$7,009.14
Total payable by Tenant to Landlord	$7,009.14

Claims and awards for application 4573169 — net $7,009.14 NZD. Verify on MoJ.

Rent arrears to 22 April 2023

Amount: $6,345.75
Awarded to: Landlord
Reason: Rent arrears to 22 April 2023

Water rates

Amount: $144.50
Awarded to: Landlord
Reason: Water rates

Repairs: Walls and toilet seat

Amount: $348.45
Awarded to: Landlord
Reason: Repairs: Walls and toilet seat

Carpet Cleaning

Amount: $100.00
Awarded to: Landlord
Reason: Carpet Cleaning

Lawns and Garden work

Amount: $50.00
Awarded to: Landlord
Reason: Lawns and Garden work

Claim types — money lines allowed on this order

Carpet Cleaning Filing Fee Lawns And Garden Work Rent arrears Property damage Water Rates

Order

Tyson Pene must pay Crockers Property Management Limited As Agent For Caitlin King And Tyler Simeon $7,009.14 immediately, calculated as shown in table below.

Reasons

The landlord attended the hearing, the respondent did not.
The landlord has applied for rent arrears, compensation and reimbursement of the filing fee following the end of the tenancy.

How much is owed for rent and water rates?

The tenancy ended on 22 April 2023. The landlord provided rent records and water rates invoices which prove the amount owing at the end of the tenancy was $6,343.75 rent arrears and $144.50 water rates.

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 to the extent that he left the carpet with an oil stain and several other marks, and the lawns requiring mowing.
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.
The following damage was caused during the tenancy: a. A dent in a wall. b. A broken toilet seat.
The damage is more than fair wear and tear, and the tenant has not disproved liability for the 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.
Because Crockers Property Management Limited As Agent For Caitlin King And Tyler Simeon has substantially succeeded with the claim I have reimbursed the filing fee.

Tenancy Tribunal case 4573169 — Rent arrears at Unit/Flat 1, 150A Don Buck Road, Massey, Auckland 0614

At a glance

Tenancy Tribunal case 4573169 — Rent arrears at Unit/Flat 1, 150A Don Buck Road, Massey, Auckland 0614

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

Property management

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

Property management

Frequently asked questions