What was the outcome of Tenancy Tribunal case 4622931?

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

How much money was awarded in case 4622931?

Cleaning: $150.00 awarded to landlord; Filing Fee: $20.44 awarded to landlord; Rent Arrears: $2,331.43 awarded to landlord; Replace furnishings: 4 x wooden chai…: $200.00 awarded to landlord

What type of tenancy dispute was case 4622931?

The primary dispute was Rent arrears. Related themes: Cleanliness.

Where can I read the official tribunal order for case 4622931?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/9531887-Tenancy_Tribunal_Order.pdf.

What was the outcome of Tenancy Tribunal case 4622931?

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

How much money was awarded in case 4622931?

Cleaning: $150.00 awarded to landlord; Filing Fee: $20.44 awarded to landlord; Rent Arrears: $2,331.43 awarded to landlord; Replace furnishings: 4 x wooden chai…: $200.00 awarded to landlord

What type of tenancy dispute was case 4622931?

The primary dispute was Rent arrears. Related themes: Cleanliness.

Where can I read the official tribunal order for case 4622931?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/9531887-Tenancy_Tribunal_Order.pdf.

25A Littlejohn Street, Hillsborough, Auckland 1042 Tenancy Tribunal Case 4622931 — Rent arrears

Reasons

Claims and awards in Tenancy Tribunal application 4622931 — net $2,701.87 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears from 1 June 2023 to 24 June 2023	$2,331.43	Rent arrears from 1 June 2023 to 24 June 2023
Carpet Cleaning	$150.00	Carpet Cleaning
Replace furnishings: 4 x wooden chairs	$200.00	Replace furnishings: 4 x wooden chairs
Filing fee reimbursement	$20.44	Filing fee reimbursement
Net award	$2,701.87
Total payable by Tenant to Landlord	$2,701.87

The landlord Ms Caiqin Sun attended the hearing with her husband Mr Meiyuan Dai. There was no appearance by the tenant.

A previous order for termination and rent arrears was made on 1 June 2023. I was not able to incorporate the previous order for rent arrears as the landlord is noted to be Mr Rui Dai who I take to be the parties son. Ms Sun confirms that amount of $7,650.44 in rent arrears still owing.

Ms Sun has applied for the payment of the balance of the rent arrears from 1 June to 24 June 2023, compensation for damage for carpet (carpet cleaning and repairs and repairs for damage to a wall -2 holes and peeling wall paper), and reimbursement of the filing fee following the end of the tenancy.

How much is owed for rent?

The tenancy ended on 24 June 2023. The landlord provided rent records and confirmed the amount owing at the end of the tenancy from 1 June 2023 to 24 June 2023 was $2,331.43.

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 leave the premises reasonably clean and tidy, as the carpet required cleaning. The landlord provided photos of the end of the tenancy showing stains on the carpet. The landlord confirmed the carpet was in place when they bought the property in 2017.

The landlord and her husband cleaned the carpet themselves.

I award $150.00 towards the carpet cleaning undertaken.

The following chattels were missing at the end of the tenancy: 4 wooden chairs bought by the landlord in 2017.

As the chairs were already 6 years old, I award $50 for each chair, total being $200.00.

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 items at the start of the tenancy and their likely useful lifespan.

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 says the following damage was caused during the tenancy: damage to carpet and 2 holes in wall and damage to wallpaper. There were no pre-tenancy photos of the property provided.

The landlord said they painted the premises in 2018 but did not change the carpet.

The landlord also said they have not finished the carpet or wall repairs and have only provided an estimate of work they have carried out themselves.

I am not able to quantify loss for damage to the carpet or wall on this basis. Due to the broad nature of the claim for damages, cannot be satisfied of the amount claimed by the landlord.

The claim for damages to the carpet and wall is therefore dismissed.

Because Caiqin Sun has substantially succeeded with the claim I have reimbursed the filing fee.

Claims and awards in Tenancy Tribunal application 4622931 — net $2,701.87 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears from 1 June 2023 to 24 June 2023	$2,331.43	Rent arrears from 1 June 2023 to 24 June 2023
Carpet Cleaning	$150.00	Carpet Cleaning
Replace furnishings: 4 x wooden chairs	$200.00	Replace furnishings: 4 x wooden chairs
Filing fee reimbursement	$20.44	Filing fee reimbursement
Net award	$2,701.87
Total payable by Tenant to Landlord	$2,701.87

Order

No application for suppression has been made in this case and no suppression orders apply around publication of this decision.
Sarah Talai Arumaki must pay Caiqin Sun $2,701.87 immediately, calculated as shown in table below.

Reasons

The landlord Ms Caiqin Sun attended the hearing with her husband Mr Meiyuan Dai. There was no appearance by the tenant.
A previous order for termination and rent arrears was made on 1 June 2023. I was not able to incorporate the previous order for rent arrears as the landlord is noted to be Mr Rui Dai who I take to be the parties son. Ms Sun confirms that amount of $7,650.44 in rent arrears still owing.
Ms Sun has applied for the payment of the balance of the rent arrears from 1 June to 24 June 2023, compensation for damage for carpet (carpet cleaning and repairs and repairs for damage to a wall -2 holes and peeling wall paper), and reimbursement of the filing fee following the end of the tenancy.

How much is owed for rent?

The tenancy ended on 24 June 2023. The landlord provided rent records and confirmed the amount owing at the end of the tenancy from 1 June 2023 to 24 June 2023 was $2,331.43.

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 leave the premises reasonably clean and tidy, as the carpet required cleaning. The landlord provided photos of the end of the tenancy showing stains on the carpet. The landlord confirmed the carpet was in place when they bought the property in 2017.
The landlord and her husband cleaned the carpet themselves.
I award $150.00 towards the carpet cleaning undertaken.
The following chattels were missing at the end of the tenancy: 4 wooden chairs bought by the landlord in 2017.
As the chairs were already 6 years old, I award $50 for each chair, total being $200.00.
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 items at the start of the tenancy and their likely useful lifespan.

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 says the following damage was caused during the tenancy: damage to carpet and 2 holes in wall and damage to wallpaper. There were no pre-tenancy photos of the property provided.
The landlord said they painted the premises in 2018 but did not change the carpet.
The landlord also said they have not finished the carpet or wall repairs and have only provided an estimate of work they have carried out themselves.
I am not able to quantify loss for damage to the carpet or wall on this basis. Due to the broad nature of the claim for damages, cannot be satisfied of the amount claimed by the landlord.
The claim for damages to the carpet and wall is therefore dismissed.
Because Caiqin Sun has substantially succeeded with the claim I have reimbursed the filing fee.

Tenancy Tribunal case 4622931 — Rent arrears at 25A Littlejohn Street, Hillsborough, Auckland 1042

At a glance

Tenancy Tribunal case 4622931 — Rent arrears at 25A Littlejohn Street, Hillsborough, Auckland 1042

At a glance

Award balance

Claims & awards

Order

Reasons

How much is owed for rent?

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

Frequently asked questions

Award balance

Claims & awards

Order

Reasons

How much is owed for rent?

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

Frequently asked questions