What was the outcome of Tenancy Tribunal case 4601189?

The tribunal order states: Hily Theirry must pay Pro Edge Property Management Limited as agent for

How much money was awarded in case 4601189?

Filing Fee: $20.44 awarded to landlord; Lawns and Garden Work: $195.50 awarded to landlord; Property Damage: $413.00 awarded to landlord; Property Damage: $431.25 awarded to landlord; Rent Arrears: $5,868.57 awarded to landlord; Rubbish Removal: $1,161.50 awarded to landlord; Water Rates: $583.79 awarded to landlord; Property Damage: $296.64 awarded to landlord

What type of tenancy dispute was case 4601189?

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

Where can I read the official tribunal order for case 4601189?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/9559943-Tenancy_Tribunal_Order.pdf.

What was the outcome of Tenancy Tribunal case 4601189?

The tribunal order states: Hily Theirry must pay Pro Edge Property Management Limited as agent for

How much money was awarded in case 4601189?

Filing Fee: $20.44 awarded to landlord; Lawns and Garden Work: $195.50 awarded to landlord; Property Damage: $413.00 awarded to landlord; Property Damage: $431.25 awarded to landlord; Rent Arrears: $5,868.57 awarded to landlord; Rubbish Removal: $1,161.50 awarded to landlord; Water Rates: $583.79 awarded to landlord; Property Damage: $296.64 awarded to landlord

What type of tenancy dispute was case 4601189?

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

Where can I read the official tribunal order for case 4601189?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/9559943-Tenancy_Tribunal_Order.pdf.

65 Greenmeadows Avenue, Manurewa East, Auckland Tenancy Tribunal Case 4601189 — Rent arrears

Reasons

Claims and awards in Tenancy Tribunal application 4601189 — net $8,970.69 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears	$5,868.57	Rent arrears
Water rates	$583.79	Water rates
Lock/key replacement	$413.00	Lock/key replacement
Window repairs: front and back doors	$296.64	Window repairs: front and back doors
Lawns and Garden work	$195.50	Lawns and Garden work
Repairs	$431.25	Repairs
Rubbish removal	$1,161.50	Rubbish removal
Filing fee reimbursement	$20.44	Filing fee reimbursement
Net award	$8,970.69
Total payable by Tenant to Landlord	$8,970.69

Only the landlord attended the hearing, represented by Ms Singh-Kumar.

The landlord has applied for rent arrears and compensation and reimbursement of the filing fee following the end of the tenancy. The tenancy was terminated and the bond has already been released to cover the rent arrears owing at that time.

How much is owed for rent and water rates?

The tenant vacated on 20 May 2023.

The landlord provided rent records and water rates invoices which prove that rent of $5,868.57 and water rates of $583.79 were both owing as at 19 May 2023.

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 remove all rubbish. The landlord produced photos showing a large amount or rubbish left throughout the house, particularly in the lounge and garage. The landlord produced an invoice from Junk2Go in the amount of $1,161.50 which I consider to be reasonable given the amount of rubbish left behind. This claim is proved.

The landlord said that the tenant did not mow the lawns during the tenancy and so they became very overgrown. The landlord produced photos showing the lawns had grown very long. The landlord produced an invoice from Jim’s Mowing in the amount of $195.50. This claim is proved.

The tenants did not return the keys and so the landlord engaged Manukau Lock & Alarm Ltd to supply new locks at a cost of $413.00 (invoice provided). This claim is 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.

Where the damage is caused carelessly, and is covered by the landlord's insurance, the tenant's liability is limited to the lesser of the insurance excess or four weeks' rent (or four weeks' market rent in the case of a tenant paying income-related rent). See section 49B(3)(a) RTA.

The following damage was caused during the tenancy: a. The side gate was torn from its hinges and damaged; b. There was a hole made in one of the bedroom doors; and c. The glass in the front and back doors was broken.

The landlord produced an invoice from Sauvarins Glass in the amount of $296.64 to re-glaze the front and back doors.

The landlord produce an invoice from Scope Works NZ Ltd to fix the fence and the hold bedroom in the bedroom wall in the amount of $431.25.

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 my view no discount is required as the landlord has simply done the necessary repairs and nothing more, so there is no betterment.

Because Pro Edge Property Management Limited As Agent For Rishab Grover & Vallari Himanshu Trivedi has wholly succeeded with the claim I must reimburse the filing fee.

Claims and awards in Tenancy Tribunal application 4601189 — net $8,970.69 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears	$5,868.57	Rent arrears
Water rates	$583.79	Water rates
Lock/key replacement	$413.00	Lock/key replacement
Window repairs: front and back doors	$296.64	Window repairs: front and back doors
Lawns and Garden work	$195.50	Lawns and Garden work
Repairs	$431.25	Repairs
Rubbish removal	$1,161.50	Rubbish removal
Filing fee reimbursement	$20.44	Filing fee reimbursement
Net award	$8,970.69
Total payable by Tenant to Landlord	$8,970.69

Order

Hily Theirry must pay Pro Edge Property Management Limited as agent for Rishab Grover & Vallari Himanshu Trivedi $8,970.69 immediately, calculated as shown in table below.

Reasons

Only the landlord attended the hearing, represented by Ms Singh-Kumar.
The landlord has applied for rent arrears and compensation and reimbursement of the filing fee following the end of the tenancy. The tenancy was terminated and the bond has already been released to cover the rent arrears owing at that time.

How much is owed for rent and water rates?

The tenant vacated on 20 May 2023.
The landlord provided rent records and water rates invoices which prove that rent of $5,868.57 and water rates of $583.79 were both owing as at 19 May 2023.

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 remove all rubbish. The landlord produced photos showing a large amount or rubbish left throughout the house, particularly in the lounge and garage. The landlord produced an invoice from Junk2Go in the amount of $1,161.50 which I consider to be reasonable given the amount of rubbish left behind. This claim is proved.
The landlord said that the tenant did not mow the lawns during the tenancy and so they became very overgrown. The landlord produced photos showing the lawns had grown very long. The landlord produced an invoice from Jim’s Mowing in the amount of $195.50. This claim is proved.
The tenants did not return the keys and so the landlord engaged Manukau Lock & Alarm Ltd to supply new locks at a cost of $413.00 (invoice provided). This claim is 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.
Where the damage is caused carelessly, and is covered by the landlord's insurance, the tenant's liability is limited to the lesser of the insurance excess or four weeks' rent (or four weeks' market rent in the case of a tenant paying income-related rent). See section 49B(3)(a) RTA.
The following damage was caused during the tenancy: a. The side gate was torn from its hinges and damaged; b. There was a hole made in one of the bedroom doors; and c. The glass in the front and back doors was broken.
The landlord produced an invoice from Sauvarins Glass in the amount of $296.64 to re-glaze the front and back doors.
The landlord produce an invoice from Scope Works NZ Ltd to fix the fence and the hold bedroom in the bedroom wall in the amount of $431.25.
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 my view no discount is required as the landlord has simply done the necessary repairs and nothing more, so there is no betterment.
Because Pro Edge Property Management Limited As Agent For Rishab Grover & Vallari Himanshu Trivedi has wholly succeeded with the claim I must reimburse the filing fee.

Tenancy Tribunal case 4601189 — Rent arrears at 65 Greenmeadows Avenue, Manurewa East, Auckland

At a glance

Tenancy Tribunal case 4601189 — Rent arrears at 65 Greenmeadows Avenue, Manurewa East, Auckland

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