What was the outcome of Tenancy Tribunal case 4598810?

The tribunal order states: Sarah Jensen must pay Oaks Property Management Limited as agent for

How much money was awarded in case 4598810?

Individual award amounts are in the official MoJ PDF. Claim amounts appear on this page when claims and net totals reconcile.

What type of tenancy dispute was case 4598810?

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

Where can I read the official tribunal order for case 4598810?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/9864097-Tenancy_Tribunal_Order.pdf.

What was the outcome of Tenancy Tribunal case 4598810?

The tribunal order states: Sarah Jensen must pay Oaks Property Management Limited as agent for

How much money was awarded in case 4598810?

Individual award amounts are in the official MoJ PDF. Claim amounts appear on this page when claims and net totals reconcile.

What type of tenancy dispute was case 4598810?

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

Where can I read the official tribunal order for case 4598810?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/9864097-Tenancy_Tribunal_Order.pdf.

40 Tahi Terrace, Glen Eden, Auckland 0602 Tenancy Tribunal Case 4598810 — Rent arrears

Order

Sarah Jensen must pay Oaks Property Management Limited as agent for Macron Group Holdings $9,454.16 immediately, calculated as shown in table below.
The Bond Centre is to pay the bond of $2,460.00 (5425483-005) to Oaks Property Management Limited as agent for Macron Group Holdings immediately.

Reasons

Chirag Mistry, a property manager for Oaks Property Management attended the hearing for the landlord.
The tenant did not attend. The electronic file indicates the tenant was given notice of the hearing and several reminders. The hearing proceeded in the tenant’ absence.
The landlord has applied for rent arrears, compensation, refund of the bond, and reimbursement of the filing fee following the end of the tenancy. How much is owed for rent and bailiff’s fees?
On 12 April 2023 the Tribunal terminated the tenancy on 14 April 2023 and ordered rent arrears and the filing fee.
However, the tenant did not move out on the appointed date and the landlord had to instruct the bailiffs to evict the tenant.
The tenant was evicted on 8 May 2023. The tenant did not pay rent despite staying in the premises until evicted. The Tribunal makes a further order for rent arrears to that date.
An order is also made that the tenant must reimburse the landlord for the bailiffs’ fees of $200.00.
The Tribunal’s earlier monetary order is included in this decision for ease of enforcement.

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. 1 The tenant is required to replace worn out smoke alarm batteries during the tenancy. See section 40(1)(ca) Residential Tenancies Act 1986. The tenant must also replace standard light bulbs.
The tenant did not leave the premises reasonably clean and tidy, left the lawns extremely long and untidy, and did not remove all rubbish. The landlord has proved the cost of attending to those matters. 1 Residential Tenancies Act 1986 (RTA), s 40(1)(e)(ii)-(v).
The tenant did not return all of the keys. The cost of lock and key replacement is proved.
Two smoke alarms were missing at the end of the tenancy. The landlord spent $138.00 to replace them.

Is the tenant responsible for the damage to the premises?

The landlord seeks compensation for fixing a broken door frame and lights in one of the bedrooms.
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. 2
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. 3
The damage is more than fair wear and tear, and the tenant has not disproved liability for the damage.
The amounts ordered are proved. Filing fee
The landlord has wholly succeeded in its application. Therefore, the Tribunal must order the tenant to reimburse the landlord for the cost of the filing fee. 2 RTA, ss 40(2)(a), 41 and 49B. 3 See Guo v Korck [2019] NZHC 1541. Bond
The bond is to be paid out to the landlord in full, in part payment of the money ordered in this decision.

Order

Sarah Jensen must pay Oaks Property Management Limited as agent for Macron Group Holdings $9,454.16 immediately, calculated as shown in table below.
The Bond Centre is to pay the bond of $2,460.00 (5425483-005) to Oaks Property Management Limited as agent for Macron Group Holdings immediately.

Reasons

Chirag Mistry, a property manager for Oaks Property Management attended the hearing for the landlord.
The tenant did not attend. The electronic file indicates the tenant was given notice of the hearing and several reminders. The hearing proceeded in the tenant’ absence.
The landlord has applied for rent arrears, compensation, refund of the bond, and reimbursement of the filing fee following the end of the tenancy. How much is owed for rent and bailiff’s fees?
On 12 April 2023 the Tribunal terminated the tenancy on 14 April 2023 and ordered rent arrears and the filing fee.
However, the tenant did not move out on the appointed date and the landlord had to instruct the bailiffs to evict the tenant.
The tenant was evicted on 8 May 2023. The tenant did not pay rent despite staying in the premises until evicted. The Tribunal makes a further order for rent arrears to that date.
An order is also made that the tenant must reimburse the landlord for the bailiffs’ fees of $200.00.
The Tribunal’s earlier monetary order is included in this decision for ease of enforcement.

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. 1 The tenant is required to replace worn out smoke alarm batteries during the tenancy. See section 40(1)(ca) Residential Tenancies Act 1986. The tenant must also replace standard light bulbs.
The tenant did not leave the premises reasonably clean and tidy, left the lawns extremely long and untidy, and did not remove all rubbish. The landlord has proved the cost of attending to those matters. 1 Residential Tenancies Act 1986 (RTA), s 40(1)(e)(ii)-(v).
The tenant did not return all of the keys. The cost of lock and key replacement is proved.
Two smoke alarms were missing at the end of the tenancy. The landlord spent $138.00 to replace them.

Is the tenant responsible for the damage to the premises?

The landlord seeks compensation for fixing a broken door frame and lights in one of the bedrooms.
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. 2
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. 3
The damage is more than fair wear and tear, and the tenant has not disproved liability for the damage.
The amounts ordered are proved. Filing fee
The landlord has wholly succeeded in its application. Therefore, the Tribunal must order the tenant to reimburse the landlord for the cost of the filing fee. 2 RTA, ss 40(2)(a), 41 and 49B. 3 See Guo v Korck [2019] NZHC 1541. Bond
The bond is to be paid out to the landlord in full, in part payment of the money ordered in this decision.

Tenancy Tribunal case 4598810 — Rent arrears at 40 Tahi Terrace, Glen Eden, Auckland 0602

Tenancy Tribunal case 4598810 — Rent arrears at 40 Tahi Terrace, Glen Eden, Auckland 0602

Order

Reasons

Did the tenant comply with their obligations at the end of the tenancy?

Is the tenant responsible for the damage to the premises?

Property management

Order

Reasons

Did the tenant comply with their obligations at the end of the tenancy?

Is the tenant responsible for the damage to the premises?

Property management