What was the outcome of Tenancy Tribunal case 4605649?

The tribunal order states: No application for suppression has been made in this case and no suppression

How much money was awarded in case 4605649?

Cleaning: $350.00 awarded to landlord; Compensation: $747.50 awarded to landlord; Cost To Secure Property When Abandon…: $172.50 awarded to landlord; Filing Fee: $20.44 awarded to landlord; Lawn Mowing And Removal Of Goods To…: $210.00 awarded to landlord; Power Reconnection Costs: $214.78 awarded to landlord; Rent Arrears: $2,442.86 awarded to landlord; 2 x front door glass; mesh on screen…: $1,575.50 awarded to landlord; Water Rates: $319.38 awarded to landlord

What type of tenancy dispute was case 4605649?

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

Where can I read the official tribunal order for case 4605649?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/9503444-Tribunal_Order.pdf.

What was the outcome of Tenancy Tribunal case 4605649?

The tribunal order states: No application for suppression has been made in this case and no suppression

How much money was awarded in case 4605649?

Cleaning: $350.00 awarded to landlord; Compensation: $747.50 awarded to landlord; Cost To Secure Property When Abandon…: $172.50 awarded to landlord; Filing Fee: $20.44 awarded to landlord; Lawn Mowing And Removal Of Goods To…: $210.00 awarded to landlord; Power Reconnection Costs: $214.78 awarded to landlord; Rent Arrears: $2,442.86 awarded to landlord; 2 x front door glass; mesh on screen…: $1,575.50 awarded to landlord; Water Rates: $319.38 awarded to landlord

What type of tenancy dispute was case 4605649?

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

Where can I read the official tribunal order for case 4605649?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/9503444-Tribunal_Order.pdf.

Unit/Flat 5, 215 Swanson Road, Henderson, Auckland 0610 Tenancy Tribunal Case 4605649 — Rent arrears

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Unit/Flat 5, 215 Swanson Road, Henderson, Auckland 0610 Tenancy Tribunal Case 4605649 — 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 4605649 — net $4,152.96 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears to 10 July 2023	$2,442.86	Rent arrears to 10 July 2023
Water rates	$319.38	Water rates
Compensation for costs for due to tenant leaving the fixed term tenancy	$747.50	Compensation for costs for due to tenant leaving the fixed term tenancy
Cleaning	$350.00	Cleaning
Repairs: 2 x front door glass; mesh on screen door	$1,575.50	Repairs: 2 x front door glass; mesh on screen door
Power reconnection costs	$214.78	Power reconnection costs
Lawn mowing and removal of goods to garage	$210.00	Lawn mowing and removal of goods to garage
Filing fee reimbursement	$20.44	Filing fee reimbursement
Cost to secure property when abandoned	$172.50	Cost to secure property when abandoned
Net award	$4,152.96
Total payable by Tenant to Landlord	$4,152.96

Claims and awards for application 4605649 — net $4,152.96 NZD. Verify on MoJ.

Rent arrears to 10 July 2023

Amount: $2,442.86
Awarded to: Landlord
Reason: Rent arrears to 10 July 2023

Water rates

Amount: $319.38
Awarded to: Landlord
Reason: Water rates

Compensation for costs for due to tenant leaving the fixed term tenancy

Amount: $747.50
Awarded to: Landlord
Reason: Compensation for costs for due to tenant leaving the fixed term tenancy

Cleaning

Amount: $350.00
Awarded to: Landlord
Reason: Cleaning

Repairs: 2 x front door glass; mesh on screen door

Amount: $1,575.50
Awarded to: Landlord
Reason: Repairs: 2 x front door glass; mesh on screen door

Claim types — money lines allowed on this order

Cleanliness Compensation Filing Fee Rent arrears Property damage Water Rates

Order

No application for suppression has been made in this case and no suppression orders apply around publication of this decision.
Laban Perry must pay Spectre Property Management Services Limited as agent for Gunjan & Hemant Shah & Chowdhary $4,152.96 immediately, calculated as shown in table below:
The Bond Centre is to pay the bond of $1,900.00 (3434633-010) to Spectre Property Management Services Limited as agent For Gunjan & Hemant Shah & Chowdhary immediately.

Reasons

Ms Erlikhman represented the landlord. The tenant did not attend the hearing. The registrar phoned the tenant, but the call went to voice mail.
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 water rates?

The tenant left the fixed term tenancy before the term of the tenancy expired. The landlord found new tenants and the new tenancy started on 11 July 2023. The tenant is liable for rent to 10 July 2023. The landlord provided rent records which prove the amount of rent owing up to 10 July.
The landlord incurred costs finding new tenants, referred to as a ‘break lease’ fee. The amount charged by the landlord is reasonable for the work required.
The landlord provided water rates invoices that establish the amount owed by the tenant for water rates.
The landlord had to pay to have the power reconnected.

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 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 and did not remove all rubbish. The lawns had to be mowed. The landlord had to arrange for the tenant’s good to be moved to the garage.
The amounts ordered are proved by invoices and photos.

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 careless, and occurs after 27 August 2019, section 49B RTA applies. If the landlord becomes aware of the damage after 27 August, the damage is presumed to have occurred after that date unless the tenant proves otherwise.
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.
Where the damage is careless and is not covered by the landlord's insurance, the tenant's liability is limited to four weeks' rent (or market rent). See section 49B(3)(b) RTA. Where insurance money is irrecoverable because of the tenant's conduct, the property is treated as if it is not insured against the damage. See section 49B(3A)(a) 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. Glass panes in the front door were broken as well as the screen door mesh. The damage is more than fair wear and tear, and the tenant has not disproved liability for the damage.
The amount ordered for the repair of damage is proved.
As the application is successful the tenant must pay the landlord’s Tribunal 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 4605649 — net $4,152.96 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears to 10 July 2023	$2,442.86	Rent arrears to 10 July 2023
Water rates	$319.38	Water rates
Compensation for costs for due to tenant leaving the fixed term tenancy	$747.50	Compensation for costs for due to tenant leaving the fixed term tenancy
Cleaning	$350.00	Cleaning
Repairs: 2 x front door glass; mesh on screen door	$1,575.50	Repairs: 2 x front door glass; mesh on screen door
Power reconnection costs	$214.78	Power reconnection costs
Lawn mowing and removal of goods to garage	$210.00	Lawn mowing and removal of goods to garage
Filing fee reimbursement	$20.44	Filing fee reimbursement
Cost to secure property when abandoned	$172.50	Cost to secure property when abandoned
Net award	$4,152.96
Total payable by Tenant to Landlord	$4,152.96

Claims and awards for application 4605649 — net $4,152.96 NZD. Verify on MoJ.

Rent arrears to 10 July 2023

Amount: $2,442.86
Awarded to: Landlord
Reason: Rent arrears to 10 July 2023

Water rates

Amount: $319.38
Awarded to: Landlord
Reason: Water rates

Compensation for costs for due to tenant leaving the fixed term tenancy

Amount: $747.50
Awarded to: Landlord
Reason: Compensation for costs for due to tenant leaving the fixed term tenancy

Cleaning

Amount: $350.00
Awarded to: Landlord
Reason: Cleaning

Repairs: 2 x front door glass; mesh on screen door

Amount: $1,575.50
Awarded to: Landlord
Reason: Repairs: 2 x front door glass; mesh on screen door

Claim types — money lines allowed on this order

Cleanliness Compensation Filing Fee Rent arrears Property damage Water Rates

Order

No application for suppression has been made in this case and no suppression orders apply around publication of this decision.
Laban Perry must pay Spectre Property Management Services Limited as agent for Gunjan & Hemant Shah & Chowdhary $4,152.96 immediately, calculated as shown in table below:
The Bond Centre is to pay the bond of $1,900.00 (3434633-010) to Spectre Property Management Services Limited as agent For Gunjan & Hemant Shah & Chowdhary immediately.

Reasons

Ms Erlikhman represented the landlord. The tenant did not attend the hearing. The registrar phoned the tenant, but the call went to voice mail.
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 water rates?

The tenant left the fixed term tenancy before the term of the tenancy expired. The landlord found new tenants and the new tenancy started on 11 July 2023. The tenant is liable for rent to 10 July 2023. The landlord provided rent records which prove the amount of rent owing up to 10 July.
The landlord incurred costs finding new tenants, referred to as a ‘break lease’ fee. The amount charged by the landlord is reasonable for the work required.
The landlord provided water rates invoices that establish the amount owed by the tenant for water rates.
The landlord had to pay to have the power reconnected.

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 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 and did not remove all rubbish. The lawns had to be mowed. The landlord had to arrange for the tenant’s good to be moved to the garage.
The amounts ordered are proved by invoices and photos.

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 careless, and occurs after 27 August 2019, section 49B RTA applies. If the landlord becomes aware of the damage after 27 August, the damage is presumed to have occurred after that date unless the tenant proves otherwise.
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.
Where the damage is careless and is not covered by the landlord's insurance, the tenant's liability is limited to four weeks' rent (or market rent). See section 49B(3)(b) RTA. Where insurance money is irrecoverable because of the tenant's conduct, the property is treated as if it is not insured against the damage. See section 49B(3A)(a) 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. Glass panes in the front door were broken as well as the screen door mesh. The damage is more than fair wear and tear, and the tenant has not disproved liability for the damage.
The amount ordered for the repair of damage is proved.
As the application is successful the tenant must pay the landlord’s Tribunal filing fee.

Tenancy Tribunal case 4605649 — Rent arrears at Unit/Flat 5, 215 Swanson Road, Henderson, Auckland 0610

At a glance

Tenancy Tribunal case 4605649 — Rent arrears at Unit/Flat 5, 215 Swanson Road, Henderson, 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