What was the outcome of Tenancy Tribunal case 4598793?

The tribunal order states: Navajo Tatana and Hohaia Tatana to pay Rental Hq Limited Acting Agent For

How much money was awarded in case 4598793?

Filing Fee: $20.44 awarded to landlord; Letting Fee: $296.64 awarded to landlord; Property Damage: $6.50 awarded to landlord; Rent Arrears: $280.00 awarded to landlord; Bathroom Door: $150.00 awarded to landlord; Paint: $450.00 awarded to landlord; Water Rates: $255.90 awarded to landlord

What type of tenancy dispute was case 4598793?

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

Where can I read the official tribunal order for case 4598793?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/9888965-Tenancy_Tribunal_Order.pdf.

What was the outcome of Tenancy Tribunal case 4598793?

The tribunal order states: Navajo Tatana and Hohaia Tatana to pay Rental Hq Limited Acting Agent For

How much money was awarded in case 4598793?

Filing Fee: $20.44 awarded to landlord; Letting Fee: $296.64 awarded to landlord; Property Damage: $6.50 awarded to landlord; Rent Arrears: $280.00 awarded to landlord; Bathroom Door: $150.00 awarded to landlord; Paint: $450.00 awarded to landlord; Water Rates: $255.90 awarded to landlord

What type of tenancy dispute was case 4598793?

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

Where can I read the official tribunal order for case 4598793?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/9888965-Tenancy_Tribunal_Order.pdf.

81B Woodglen Road, Glen Eden, Auckland 0602 Tenancy Tribunal Case 4598793 — Property damage

Order

Claims and awards in Tenancy Tribunal application 4598793 — net $1,459.48 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears	$280.00	Rent arrears
Water rates	$255.90	Water rates
Filing fee reimbursement	$20.44	Filing fee reimbursement
Lock/key replacement	$6.50	Lock/key replacement
Letting fee	$296.64	Letting fee
Repairs: Paint	$450.00	Repairs: Paint
Repairs: Bathroom door	$150.00	Repairs: Bathroom door
Net award	$1,459.48
Bond	$1,960.00
Total payable by Tenant to Landlord	$1,459.48

Navajo Tatana and Hohaia Tatana to pay Rental Hq Limited Acting Agent For Yuming Lin $1,459.48 from the bond, calculated as shown in table below.

The Bond Centre is to pay the bond of $1,960.00 (3599876-008) immediately apportioned as follows: Rental Hq Limited Acting Agent For Yuming Lin: $1,459.48 Navajo Tatana and Hohaia Tatana: $500.52

Reasons

Both parties attended the hearing.

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

The tenants signed a one-year fixed term tenancy agreement which was due to end on 21 August 2023. The tenants then applied to the landlord to end the tenancy early and the landlord agreed. The tenancy ended on 21 April 2023, four months early. This means two-thirds of the tenancy period was fulfilled.

How much is owed for rent and water rates?

The landlord provided rent records and water rates invoices which prove the amount of rent arrears owing at the end of the tenancy was $280.00 and the amount of water rates owing at the end of the tenancy was $255.90.

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 1986The tenant did not leave the premises reasonably clean and tidy, and did not remove all rubbish.

The landlord claimed a few items needed to be disposed of at the end of the tenancy. No photographs were provided to support the landlord’s claim.

The tenants stated that they thought they had done a good enough job.

I do not find the claim proved.

The tenant did not return all the keys on time. One key was posted back to the landlord, but didn’t arrive before the landlord had had a replacement key cut for the next tenant.

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 landlord has claimed for damage to the walls in bedrooms one and two. The invoice provided also shows amounts for touch ups in the lounge which weren’t claimed and could have been fair wear and tear, and to the bathroom which also was not claimed in the hearing. A partial award for painting is made.

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.

The landlord also claimed a lease break fee of $872.46.

The Residential Tenancies Act 1986 provides as follows: 44A Recovery of expenses incurred by landlord (1) A landlord who consents to an assignment under section 43B, to a subletting or parting with possession under section 44, or to termination of the tenancy in accordance with section 50(1)(d) is entitled to recover from the outgoing tenant any expenses reasonably incurred by the landlord in respect of the assignment, subletting, parting with possession, or termination.

Because two-thirds of the tenancy period had passed and the landlord would have been liable for the full cost of re-tenanting the property in a further four- months time, I make an award for one-third of the re-tenanting costs, which covers the period of early release of the tenants. This is the amount of expenses I find have been reasonably incurred by the landlord.

Because Rental Hq Limited Acting Agent For Yuming Lin has substantially succeeded with the claim I have reimbursed the filing fee.

Claims and awards in Tenancy Tribunal application 4598793 — net $1,459.48 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears	$280.00	Rent arrears
Water rates	$255.90	Water rates
Filing fee reimbursement	$20.44	Filing fee reimbursement
Lock/key replacement	$6.50	Lock/key replacement
Letting fee	$296.64	Letting fee
Repairs: Paint	$450.00	Repairs: Paint
Repairs: Bathroom door	$150.00	Repairs: Bathroom door
Net award	$1,459.48
Bond	$1,960.00
Total payable by Tenant to Landlord	$1,459.48

Order

Navajo Tatana and Hohaia Tatana to pay Rental Hq Limited Acting Agent For Yuming Lin $1,459.48 from the bond, calculated as shown in table below.
The Bond Centre is to pay the bond of $1,960.00 (3599876-008) immediately apportioned as follows: Rental Hq Limited Acting Agent For Yuming Lin: $1,459.48 Navajo Tatana and Hohaia Tatana: $500.52

Reasons

Both parties attended the hearing.
The landlord has applied for rent arrears, compensation, damages, refund of the bond, and reimbursement of the filing fee following the end of the tenancy.
The tenants signed a one-year fixed term tenancy agreement which was due to end on 21 August 2023. The tenants then applied to the landlord to end the tenancy early and the landlord agreed. The tenancy ended on 21 April 2023, four months early. This means two-thirds of the tenancy period was fulfilled.

How much is owed for rent and water rates?

The landlord provided rent records and water rates invoices which prove the amount of rent arrears owing at the end of the tenancy was $280.00 and the amount of water rates owing at the end of the tenancy was $255.90.

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 1986The tenant did not leave the premises reasonably clean and tidy, and did not remove all rubbish.
The landlord claimed a few items needed to be disposed of at the end of the tenancy. No photographs were provided to support the landlord’s claim.
The tenants stated that they thought they had done a good enough job.
I do not find the claim proved.
The tenant did not return all the keys on time. One key was posted back to the landlord, but didn’t arrive before the landlord had had a replacement key cut for the next tenant.

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 landlord has claimed for damage to the walls in bedrooms one and two. The invoice provided also shows amounts for touch ups in the lounge which weren’t claimed and could have been fair wear and tear, and to the bathroom which also was not claimed in the hearing. A partial award for painting is made.
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.
The landlord also claimed a lease break fee of $872.46.
The Residential Tenancies Act 1986 provides as follows: 44A Recovery of expenses incurred by landlord (1) A landlord who consents to an assignment under section 43B, to a subletting or parting with possession under section 44, or to termination of the tenancy in accordance with section 50(1)(d) is entitled to recover from the outgoing tenant any expenses reasonably incurred by the landlord in respect of the assignment, subletting, parting with possession, or termination.
Because two-thirds of the tenancy period had passed and the landlord would have been liable for the full cost of re-tenanting the property in a further four- months time, I make an award for one-third of the re-tenanting costs, which covers the period of early release of the tenants. This is the amount of expenses I find have been reasonably incurred by the landlord.
Because Rental Hq Limited Acting Agent For Yuming Lin has substantially succeeded with the claim I have reimbursed the filing fee.

Tenancy Tribunal case 4598793 — Property damage at 81B Woodglen Road, Glen Eden, Auckland 0602

At a glance

Tenancy Tribunal case 4598793 — Property damage at 81B Woodglen Road, Glen Eden, Auckland 0602

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