What was the outcome of Tenancy Tribunal case 4596049?

The tribunal order states: Kawhiarangi Paki must pay Staircase Property Management Limited Maria

How much money was awarded in case 4596049?

Cleaning: $770.50 awarded to landlord; Filing Fee: $20.44 awarded to landlord; Property Damage: $167.90 awarded to landlord; Rent Arrears: $4,225.71 awarded to landlord; Carpet Stain Removal: $380.00 awarded to landlord; walls/broken wardrobe/architrave/cei…: $450.00 awarded to landlord; Rubbish Removal: $828.00 awarded to landlord; Water Rates: $81.40 awarded to landlord

What type of tenancy dispute was case 4596049?

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

Where can I read the official tribunal order for case 4596049?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/10063234-Tribunal_Order.pdf.

What was the outcome of Tenancy Tribunal case 4596049?

The tribunal order states: Kawhiarangi Paki must pay Staircase Property Management Limited Maria

How much money was awarded in case 4596049?

Cleaning: $770.50 awarded to landlord; Filing Fee: $20.44 awarded to landlord; Property Damage: $167.90 awarded to landlord; Rent Arrears: $4,225.71 awarded to landlord; Carpet Stain Removal: $380.00 awarded to landlord; walls/broken wardrobe/architrave/cei…: $450.00 awarded to landlord; Rubbish Removal: $828.00 awarded to landlord; Water Rates: $81.40 awarded to landlord

What type of tenancy dispute was case 4596049?

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

Where can I read the official tribunal order for case 4596049?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/10063234-Tribunal_Order.pdf.

21A O'Meara Street, Swanson, Auckland 0614 Tenancy Tribunal Case 4596049 — Rent arrears

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21A O'Meara Street, Swanson, Auckland 0614 Tenancy Tribunal Case 4596049 — 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 4596049 — net $4,603.95 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears to 15 June 2023	$4,225.71	Rent arrears to 15 June 2023
Water rates owing	$81.40	Water rates owing
Lock/key replacement	$167.90	Lock/key replacement
Rubbish removal	$828.00	Rubbish removal
Cleaning	$770.50	Cleaning
Repairs: Carpet Stain removal	$380.00	Repairs: Carpet Stain removal
Repairs: walls/broken wardrobe/architrave/ceiling	$450.00	Repairs: walls/broken wardrobe/architrave/ceiling
Filing fee reimbursement	$20.44	Filing fee reimbursement
Net award	$4,603.95
Total payable by Tenant to Landlord	$4,603.95

Claims and awards for application 4596049 — net $4,603.95 NZD. Verify on MoJ.

Rent arrears to 15 June 2023

Amount: $4,225.71
Awarded to: Landlord
Reason: Rent arrears to 15 June 2023

Water rates owing

Amount: $81.40
Awarded to: Landlord
Reason: Water rates owing

Lock/key replacement

Amount: $167.90
Awarded to: Landlord
Reason: Lock/key replacement

Rubbish removal

Amount: $828.00
Awarded to: Landlord
Reason: Rubbish removal

Cleaning

Amount: $770.50
Awarded to: Landlord
Reason: Cleaning

Claim types — money lines allowed on this order

Cleanliness Filing Fee Property damage Rent arrears Rubbish Removal Water Rates

Order

Kawhiarangi Paki must pay Staircase Property Management Limited Maria Donovan $4,603.95 immediately, calculated as shown in table below.
The Bond Centre is to pay the bond of $2,320.00 (6403257-007) to Staircase Property Management Limited Maria Donovan immediately.

Reasons

The agent Ms Donovan appeared for the hearing.
There was no appearance by the tenant.
Ms Donovan has not had any communication apart from a call put down on her around the time possession was granted to the landlord due to abandonment on 15 June 2023.
The landlord has applied for rent arrears, water usage owing, compensation for rekeying locks, rubbish removal, cleaning, carpet stain removal, repairs, refund of the bond, 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 15 June 2023. The landlord provided rent records and water rates invoices which prove the amount owing at the end of the tenancy being $4225.71 for rent and $81.40 for water.

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, and did not remove all rubbish. The agent provided pre-tenancy photos and post tenancy photos. She gave an explanation for all the claims made for rubbish removal, and cleaning.
The tenant did not return the keys.
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.
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 agent says the following damage was caused during the tenancy: carpet stain damage in lounge, chip to kitchen wall and lounge wall, small hole in bedroom ceiling, damaged architrave and wall in hallway and wardrobe shelving re-instatement. The damage is more than fair wear and tear, and the tenant has not disproved liability for the damage.
The agent provided photos of the damage caused. 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 Staircase Property Management Limited Maria Donovan 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 4596049 — net $4,603.95 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears to 15 June 2023	$4,225.71	Rent arrears to 15 June 2023
Water rates owing	$81.40	Water rates owing
Lock/key replacement	$167.90	Lock/key replacement
Rubbish removal	$828.00	Rubbish removal
Cleaning	$770.50	Cleaning
Repairs: Carpet Stain removal	$380.00	Repairs: Carpet Stain removal
Repairs: walls/broken wardrobe/architrave/ceiling	$450.00	Repairs: walls/broken wardrobe/architrave/ceiling
Filing fee reimbursement	$20.44	Filing fee reimbursement
Net award	$4,603.95
Total payable by Tenant to Landlord	$4,603.95

Claims and awards for application 4596049 — net $4,603.95 NZD. Verify on MoJ.

Rent arrears to 15 June 2023

Amount: $4,225.71
Awarded to: Landlord
Reason: Rent arrears to 15 June 2023

Water rates owing

Amount: $81.40
Awarded to: Landlord
Reason: Water rates owing

Lock/key replacement

Amount: $167.90
Awarded to: Landlord
Reason: Lock/key replacement

Rubbish removal

Amount: $828.00
Awarded to: Landlord
Reason: Rubbish removal

Cleaning

Amount: $770.50
Awarded to: Landlord
Reason: Cleaning

Claim types — money lines allowed on this order

Cleanliness Filing Fee Property damage Rent arrears Rubbish Removal Water Rates

Order

Kawhiarangi Paki must pay Staircase Property Management Limited Maria Donovan $4,603.95 immediately, calculated as shown in table below.
The Bond Centre is to pay the bond of $2,320.00 (6403257-007) to Staircase Property Management Limited Maria Donovan immediately.

Reasons

The agent Ms Donovan appeared for the hearing.
There was no appearance by the tenant.
Ms Donovan has not had any communication apart from a call put down on her around the time possession was granted to the landlord due to abandonment on 15 June 2023.
The landlord has applied for rent arrears, water usage owing, compensation for rekeying locks, rubbish removal, cleaning, carpet stain removal, repairs, refund of the bond, 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 15 June 2023. The landlord provided rent records and water rates invoices which prove the amount owing at the end of the tenancy being $4225.71 for rent and $81.40 for water.

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, and did not remove all rubbish. The agent provided pre-tenancy photos and post tenancy photos. She gave an explanation for all the claims made for rubbish removal, and cleaning.
The tenant did not return the keys.
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.
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 agent says the following damage was caused during the tenancy: carpet stain damage in lounge, chip to kitchen wall and lounge wall, small hole in bedroom ceiling, damaged architrave and wall in hallway and wardrobe shelving re-instatement. The damage is more than fair wear and tear, and the tenant has not disproved liability for the damage.
The agent provided photos of the damage caused. 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 Staircase Property Management Limited Maria Donovan has substantially succeeded with the claim I have reimbursed the filing fee.

Tenancy Tribunal case 4596049 — Rent arrears at 21A O'Meara Street, Swanson, Auckland 0614

At a glance

Tenancy Tribunal case 4596049 — Rent arrears at 21A O'Meara Street, Swanson, 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