What was the outcome of Tenancy Tribunal case 4611290?

The tribunal order states: Ana Schwalger-Siau, Rinnah Evelyn Taualai Siau, Tom Elama Siau, Blessings

How much money was awarded in case 4611290?

Cleaning: $460.00 awarded to landlord; Cleaning: $900.00 awarded to landlord; Filing Fee: $20.44 awarded to landlord; Incorporation Of Previous Order (App…: $23.36 awarded to landlord; Lightbulbs: $175.38 awarded to landlord; Property Damage: $467.50 awarded to landlord; Rent Arrears: $4,244.28 awarded to landlord; Water Rates: $1,297.88 awarded to landlord

What type of tenancy dispute was case 4611290?

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

Where can I read the official tribunal order for case 4611290?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/9571275-Tenancy_Tribunal_Order.pdf.

What was the outcome of Tenancy Tribunal case 4611290?

The tribunal order states: Ana Schwalger-Siau, Rinnah Evelyn Taualai Siau, Tom Elama Siau, Blessings

How much money was awarded in case 4611290?

Cleaning: $460.00 awarded to landlord; Cleaning: $900.00 awarded to landlord; Filing Fee: $20.44 awarded to landlord; Incorporation Of Previous Order (App…: $23.36 awarded to landlord; Lightbulbs: $175.38 awarded to landlord; Property Damage: $467.50 awarded to landlord; Rent Arrears: $4,244.28 awarded to landlord; Water Rates: $1,297.88 awarded to landlord

What type of tenancy dispute was case 4611290?

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

Where can I read the official tribunal order for case 4611290?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/9571275-Tenancy_Tribunal_Order.pdf.

26 Castlederg Drive, Flat Bush, Auckland 2019 Tenancy Tribunal Case 4611290 — Rent arrears

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26 Castlederg Drive, Flat Bush, Auckland 2019 Tenancy Tribunal Case 4611290 — 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 4611290 — net $7,588.84 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears to 21/05/2023	$4,244.28	Rent arrears to 21/05/2023
Incorporation of previous order (application 4512290	$23.36	Incorporation of previous order (application 4512290
Cleaning	$900.00	Cleaning
Carpet cleaning to remove stains	$460.00	Carpet cleaning to remove stains
Wall damage repairs (depreciation on paintwork applied	$467.50	Wall damage repairs (depreciation on paintwork applied
Replace light bulbs	$175.38	Replace light bulbs
Water rates	$1,297.88	Water rates
Filing fee reimbursement	$20.44	Filing fee reimbursement
Net award	$7,588.84
Total payable by Tenant to Landlord	$7,588.84

Claims and awards for application 4611290 — net $7,588.84 NZD. Verify on MoJ.

Rent arrears to 21/05/2023

Amount: $4,244.28
Awarded to: Landlord
Reason: Rent arrears to 21/05/2023

Incorporation of previous order (application 4512290

Amount: $23.36
Awarded to: Landlord
Reason: Incorporation of previous order (application 4512290

Cleaning

Amount: $900.00
Awarded to: Landlord
Reason: Cleaning

Carpet cleaning to remove stains

Amount: $460.00
Awarded to: Landlord
Reason: Carpet cleaning to remove stains

Wall damage repairs (depreciation on paintwork applied

Amount: $467.50
Awarded to: Landlord
Reason: Wall damage repairs (depreciation on paintwork applied

Claim types — money lines allowed on this order

Carpet Cleaning Cleanliness Filing Fee Property damage Rent arrears Water Rates

Order

Ana Schwalger-Siau, Rinnah Evelyn Taualai Siau, Tom Elama Siau, Blessings Martin Taualai Siau and Taualai Elama Siau must pay Barfoot & Thompson Limited - As Agent For Samuel Kamella $7,588.84 immediately, calculated as shown in table below.

Reasons

The agent for the landlord attended the hearing. Mr Siau attended on behalf of the tenants.
The landlord has applied for rent arrears, unpaid water rates, 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 tenancy ended on 21 May 2023. The landlord provided rent records and water rates invoices which prove the amount owing at the end of the tenancy.

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.
Cleaning: The tenant did not leave the premises reasonably clean and tidy. The landlord relied on photographs, inspection reports and invoices. The amount ordered is proved.
Light bulbs: The landlord had to replace light bulbs. While there is evidence before me of the number of light bulbs present at the commencement of the tenancy, there is no evidence of their likely remaining life. There is evidence the tenants had removed some of the light bulbs but did not replace them. In light of this, I will allow 50% of the amount claimed which I consider reasonable in the circumstances.

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: the walls were damaged in multiple rooms, kitchen and garage. The damage is more than fair wear and tear, and the tenant has not disproved liability for the damage.
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 paintwork at the start of the tenancy and their likely useful lifespan. Paintwork has an estimate life of 7 years. The landlord was unable to confirm when the property was last painted. I have reduced the claim by $50.00 in light of depreciation on the paintwork.
As the landlord has substantially succeeded with the claim, I have ordered the other party to reimburse 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 4611290 — net $7,588.84 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears to 21/05/2023	$4,244.28	Rent arrears to 21/05/2023
Incorporation of previous order (application 4512290	$23.36	Incorporation of previous order (application 4512290
Cleaning	$900.00	Cleaning
Carpet cleaning to remove stains	$460.00	Carpet cleaning to remove stains
Wall damage repairs (depreciation on paintwork applied	$467.50	Wall damage repairs (depreciation on paintwork applied
Replace light bulbs	$175.38	Replace light bulbs
Water rates	$1,297.88	Water rates
Filing fee reimbursement	$20.44	Filing fee reimbursement
Net award	$7,588.84
Total payable by Tenant to Landlord	$7,588.84

Claims and awards for application 4611290 — net $7,588.84 NZD. Verify on MoJ.

Rent arrears to 21/05/2023

Amount: $4,244.28
Awarded to: Landlord
Reason: Rent arrears to 21/05/2023

Incorporation of previous order (application 4512290

Amount: $23.36
Awarded to: Landlord
Reason: Incorporation of previous order (application 4512290

Cleaning

Amount: $900.00
Awarded to: Landlord
Reason: Cleaning

Carpet cleaning to remove stains

Amount: $460.00
Awarded to: Landlord
Reason: Carpet cleaning to remove stains

Wall damage repairs (depreciation on paintwork applied

Amount: $467.50
Awarded to: Landlord
Reason: Wall damage repairs (depreciation on paintwork applied

Claim types — money lines allowed on this order

Carpet Cleaning Cleanliness Filing Fee Property damage Rent arrears Water Rates

Order

Ana Schwalger-Siau, Rinnah Evelyn Taualai Siau, Tom Elama Siau, Blessings Martin Taualai Siau and Taualai Elama Siau must pay Barfoot & Thompson Limited - As Agent For Samuel Kamella $7,588.84 immediately, calculated as shown in table below.

Reasons

The agent for the landlord attended the hearing. Mr Siau attended on behalf of the tenants.
The landlord has applied for rent arrears, unpaid water rates, 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 tenancy ended on 21 May 2023. The landlord provided rent records and water rates invoices which prove the amount owing at the end of the tenancy.

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.
Cleaning: The tenant did not leave the premises reasonably clean and tidy. The landlord relied on photographs, inspection reports and invoices. The amount ordered is proved.
Light bulbs: The landlord had to replace light bulbs. While there is evidence before me of the number of light bulbs present at the commencement of the tenancy, there is no evidence of their likely remaining life. There is evidence the tenants had removed some of the light bulbs but did not replace them. In light of this, I will allow 50% of the amount claimed which I consider reasonable in the circumstances.

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: the walls were damaged in multiple rooms, kitchen and garage. The damage is more than fair wear and tear, and the tenant has not disproved liability for the damage.
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 paintwork at the start of the tenancy and their likely useful lifespan. Paintwork has an estimate life of 7 years. The landlord was unable to confirm when the property was last painted. I have reduced the claim by $50.00 in light of depreciation on the paintwork.
As the landlord has substantially succeeded with the claim, I have ordered the other party to reimburse the filing fee.

Tenancy Tribunal case 4611290 — Rent arrears at 26 Castlederg Drive, Flat Bush, Auckland 2019

At a glance

Tenancy Tribunal case 4611290 — Rent arrears at 26 Castlederg Drive, Flat Bush, Auckland 2019

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