What was the outcome of Tenancy Tribunal case 4594771?

The tribunal order states: Logan-Lee Dario Chappell must pay Ihome Property Management Limited

How much money was awarded in case 4594771?

Cleaning: $690.00 awarded to landlord; Filing Fee: $20.44 awarded to landlord; Lawns and Garden Work: $172.50 awarded to landlord; Property Damage: $977.50 awarded to landlord; Rent Arrears: $5,478.57 awarded to landlord; Fence: $230.00 awarded to landlord; Holes In Walls: $805.00 awarded to landlord; Replace Furnishings: Blind: $575.00 awarded to landlord; Replace Oven: $1,012.00 awarded to landlord; Replace: Wardrobe Rail: $69.00 awarded to landlord; Rubbish Removal: $1,495.00 awarded to landlord; Water Rates: $319.45 awarded to landlord

What type of tenancy dispute was case 4594771?

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

Where can I read the official tribunal order for case 4594771?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/9879963-Tenancy_Tribunal_Order.pdf.

What was the outcome of Tenancy Tribunal case 4594771?

The tribunal order states: Logan-Lee Dario Chappell must pay Ihome Property Management Limited

How much money was awarded in case 4594771?

Cleaning: $690.00 awarded to landlord; Filing Fee: $20.44 awarded to landlord; Lawns and Garden Work: $172.50 awarded to landlord; Property Damage: $977.50 awarded to landlord; Rent Arrears: $5,478.57 awarded to landlord; Fence: $230.00 awarded to landlord; Holes In Walls: $805.00 awarded to landlord; Replace Furnishings: Blind: $575.00 awarded to landlord; Replace Oven: $1,012.00 awarded to landlord; Replace: Wardrobe Rail: $69.00 awarded to landlord; Rubbish Removal: $1,495.00 awarded to landlord; Water Rates: $319.45 awarded to landlord

What type of tenancy dispute was case 4594771?

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

Where can I read the official tribunal order for case 4594771?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/9879963-Tenancy_Tribunal_Order.pdf.

14 Toru Street, Te Atatu Peninsula, Auckland 0610 Tenancy Tribunal Case 4594771 — Rent arrears

Reasons

Claims and awards in Tenancy Tribunal application 4594771 — net $9,444.46 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears to 30 May 2023	$5,478.57	Rent arrears to 30 May 2023
Water rates	$319.45	Water rates
Cleaning	$690.00	Cleaning
Lawns and Garden work	$172.50	Lawns and Garden work
Repairs: holes in walls	$805.00	Repairs: holes in walls
Repairs: fence	$230.00	Repairs: fence
Replace: wardrobe rail	$69.00	Replace: wardrobe rail
Replace furnishings: blind	$575.00	Replace furnishings: blind
Replace 2 damaged doors and one lock	$977.50	Replace 2 damaged doors and one lock
Replace oven	$1,012.00	Replace oven
Rubbish removal	$1,495.00	Rubbish removal
Filing fee reimbursement	$20.44	Filing fee reimbursement
Net award	$9,444.46
Total payable by Tenant to Landlord	$9,444.46

The agents Ms Zhang and Ms Zhao attended the hearing for the landlord. There was no appearance by the tenant.

There was a mediated order sealed on 1 May 2023 to enable the tenant to keep up with rent arrears. This order was not complied with and the termination and eviction process occurred.

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

The agent confirms she has had no communication from the tenant since the eviction process occurred.

How much is owed for rent and water rates?

The tenancy ended on 30 May 2023. The landlord provided rent records and water rates invoices which prove the amount owing at the end of the tenancy being $5478.57 in rent and $319.45 in water usage.

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 and remove all rubbish. See section 40(1)(e)(ii)-(v) Residential Tenancies Act 1986.

The tenant did not leave the premises reasonably clean and tidy, and did not remove all rubbish, including some large items of furniture and items in a storage shed. The lawns were not kept up.

The amounts ordered for cleaning, rubbish removal and lawns 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.

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: Holes to the walls, damage to 2 doors and a lock, broken fence, broken blind, missing wardrobe rail and damaged oven. The damage is more than fair wear and tear, and the tenant has not disproved liability for the damage.

The agent provided pre-inspection photos and end of tenancy photos and invoice for the repairs done. The agent confirmed the premises was newly renovated with new blinds and a new oven at the commencement of the tenancy.

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.

In this situation this was a reasonably short tenancy. The premises was newly renovated and damaged in such a way that the repairs and replacements were required to take it back to a reasonable standard.

Because Ihome Property Management Limited Acting Agent For Huaxiang Li has wholly succeeded with the claim I must reimburse the filing fee.

Claims and awards in Tenancy Tribunal application 4594771 — net $9,444.46 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears to 30 May 2023	$5,478.57	Rent arrears to 30 May 2023
Water rates	$319.45	Water rates
Cleaning	$690.00	Cleaning
Lawns and Garden work	$172.50	Lawns and Garden work
Repairs: holes in walls	$805.00	Repairs: holes in walls
Repairs: fence	$230.00	Repairs: fence
Replace: wardrobe rail	$69.00	Replace: wardrobe rail
Replace furnishings: blind	$575.00	Replace furnishings: blind
Replace 2 damaged doors and one lock	$977.50	Replace 2 damaged doors and one lock
Replace oven	$1,012.00	Replace oven
Rubbish removal	$1,495.00	Rubbish removal
Filing fee reimbursement	$20.44	Filing fee reimbursement
Net award	$9,444.46
Total payable by Tenant to Landlord	$9,444.46

Order

Logan-Lee Dario Chappell must pay Ihome Property Management Limited Acting Agent For Huaxiang Li $9,444.46 immediately, calculated as shown in table below.
The Bond Centre is to pay the bond of $2,400.00 (3413732-008) to Ihome Property Management Limited Acting Agent For Huaxiang Li immediately.

Reasons

The agents Ms Zhang and Ms Zhao attended the hearing for the landlord. There was no appearance by the tenant.
There was a mediated order sealed on 1 May 2023 to enable the tenant to keep up with rent arrears. This order was not complied with and the termination and eviction process occurred.
The landlord has applied for rent arrears, compensation for cleaning, lawns, rubbish removal, repairs, refund of the bond, and reimbursement of the filing fee following the end of the tenancy.
The agent confirms she has had no communication from the tenant since the eviction process occurred.

How much is owed for rent and water rates?

The tenancy ended on 30 May 2023. The landlord provided rent records and water rates invoices which prove the amount owing at the end of the tenancy being $5478.57 in rent and $319.45 in water usage.

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 and remove all rubbish. See section 40(1)(e)(ii)-(v) Residential Tenancies Act 1986.
The tenant did not leave the premises reasonably clean and tidy, and did not remove all rubbish, including some large items of furniture and items in a storage shed. The lawns were not kept up.
The amounts ordered for cleaning, rubbish removal and lawns 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.
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: Holes to the walls, damage to 2 doors and a lock, broken fence, broken blind, missing wardrobe rail and damaged oven. The damage is more than fair wear and tear, and the tenant has not disproved liability for the damage.
The agent provided pre-inspection photos and end of tenancy photos and invoice for the repairs done. The agent confirmed the premises was newly renovated with new blinds and a new oven at the commencement of the tenancy.
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.
In this situation this was a reasonably short tenancy. The premises was newly renovated and damaged in such a way that the repairs and replacements were required to take it back to a reasonable standard.
Because Ihome Property Management Limited Acting Agent For Huaxiang Li has wholly succeeded with the claim I must reimburse the filing fee.

Tenancy Tribunal case 4594771 — Rent arrears at 14 Toru Street, Te Atatu Peninsula, Auckland 0610

At a glance

Tenancy Tribunal case 4594771 — Rent arrears at 14 Toru Street, Te Atatu Peninsula, Auckland 0610

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