What was the outcome of Tenancy Tribunal case 4623029?

The tribunal order states: Axl Myers must pay Premier Rental Management Limited T/As Zippi Property

How much money was awarded in case 4623029?

Filing Fee: $20.44 awarded to landlord; Rent Arrears: $681.43 awarded to landlord; Property Damage: $250.00 awarded to landlord; Rubbish Removal: $258.75 awarded to landlord; Utilities - Gas, Water And Electrici…: $792.59 awarded to landlord

What type of tenancy dispute was case 4623029?

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

Where can I read the official tribunal order for case 4623029?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/9973058-Tribunal_Order.pdf.

What was the outcome of Tenancy Tribunal case 4623029?

The tribunal order states: Axl Myers must pay Premier Rental Management Limited T/As Zippi Property

How much money was awarded in case 4623029?

Filing Fee: $20.44 awarded to landlord; Rent Arrears: $681.43 awarded to landlord; Property Damage: $250.00 awarded to landlord; Rubbish Removal: $258.75 awarded to landlord; Utilities - Gas, Water And Electrici…: $792.59 awarded to landlord

What type of tenancy dispute was case 4623029?

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

Where can I read the official tribunal order for case 4623029?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/9973058-Tribunal_Order.pdf.

Unit/Flat 508, 19 Anzac Avenue, Auckland Central, Tenancy Tribunal Case 4623029 — Rent arrears

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Unit/Flat 508, 19 Anzac Avenue, Auckland Central, Tenancy Tribunal Case 4623029 — 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 4623029 — net $2,003.21 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears from 31 May 2023 to 8 June 2023	$681.43	Rent arrears from 31 May 2023 to 8 June 2023
Utilities - gas, water and electricity	$792.59	Utilities - gas, water and electricity
Rubbish removal	$258.75	Rubbish removal
Repairs: insurance excess	$250.00	Repairs: insurance excess
Filing fee reimbursement	$20.44	Filing fee reimbursement
Net award	$2,003.21
Total payable by Tenant to Landlord	$2,003.21

Claims and awards for application 4623029 — net $2,003.21 NZD. Verify on MoJ.

Rent arrears from 31 May 2023 to 8 June 2023

Amount: $681.43
Awarded to: Landlord
Reason: Rent arrears from 31 May 2023 to 8 June 2023

Utilities - gas, water and electricity

Amount: $792.59
Awarded to: Landlord
Reason: Utilities - gas, water and electricity

Rubbish removal

Amount: $258.75
Awarded to: Landlord
Reason: Rubbish removal

Repairs: insurance excess

Amount: $250.00
Awarded to: Landlord
Reason: Repairs: insurance excess

Filing fee reimbursement

Amount: $20.44
Awarded to: Landlord
Reason: Filing fee reimbursement

Claim types — money lines allowed on this order

Filing Fee Rent arrears Property damage Rubbish Removal

Order

Axl Myers must pay Premier Rental Management Limited T/As Zippi Property Management As Agent For Chionh Chai (Ben) & Sheau Jen Shoon & Lim $2,003.21 immediately, calculated as shown in table below.

Reasons

The agents Ms Verma and Mr Wright attended the hearing. There was no appearance by the tenant.
The landlord has applied for rent arrears, utilities owing, compensation for damages, and reimbursement of the filing fee following the end of the tenancy.
There was a previous order for termination and rent and utilities arrears dated 30 May 2023.
The agent says the tenant refused to leave the tenancy when it was terminated until enforcement was instigated. The tenant finally vacated the property on 8 June 2023.

How much is owed for rent and utilities?

The landlord provided rent records and water rates invoices which prove the further amount owing at the end of the tenancy being $681.43 for rent and $792.59 for water.

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 agent provided photographs of the rubbish left behind as well as invoice for the work done.
The amounts ordered are 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: damage to the front door (camera placed which had to be fixed) and 2 holes in the ceiling (lounge and bedroom). The agent provided pre-tenancy inspection report and photos and exit report and photos.
The damage is more than fair wear and tear, and the tenant has not disproved liability for the damage.
The landlord obtained insurance for the damage and seeks the tenant pay the insurance excess of $250.00.
The amount ordered is proved.
Because Premier Rental Management Limited T/As Zippi Property Management As Agent For Chionh Chai (Ben) & Sheau Jen Shoon & Lim has wholly succeeded with the claim I must 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 4623029 — net $2,003.21 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears from 31 May 2023 to 8 June 2023	$681.43	Rent arrears from 31 May 2023 to 8 June 2023
Utilities - gas, water and electricity	$792.59	Utilities - gas, water and electricity
Rubbish removal	$258.75	Rubbish removal
Repairs: insurance excess	$250.00	Repairs: insurance excess
Filing fee reimbursement	$20.44	Filing fee reimbursement
Net award	$2,003.21
Total payable by Tenant to Landlord	$2,003.21

Claims and awards for application 4623029 — net $2,003.21 NZD. Verify on MoJ.

Rent arrears from 31 May 2023 to 8 June 2023

Amount: $681.43
Awarded to: Landlord
Reason: Rent arrears from 31 May 2023 to 8 June 2023

Utilities - gas, water and electricity

Amount: $792.59
Awarded to: Landlord
Reason: Utilities - gas, water and electricity

Rubbish removal

Amount: $258.75
Awarded to: Landlord
Reason: Rubbish removal

Repairs: insurance excess

Amount: $250.00
Awarded to: Landlord
Reason: Repairs: insurance excess

Filing fee reimbursement

Amount: $20.44
Awarded to: Landlord
Reason: Filing fee reimbursement

Claim types — money lines allowed on this order

Filing Fee Rent arrears Property damage Rubbish Removal

Order

Axl Myers must pay Premier Rental Management Limited T/As Zippi Property Management As Agent For Chionh Chai (Ben) & Sheau Jen Shoon & Lim $2,003.21 immediately, calculated as shown in table below.

Reasons

The agents Ms Verma and Mr Wright attended the hearing. There was no appearance by the tenant.
The landlord has applied for rent arrears, utilities owing, compensation for damages, and reimbursement of the filing fee following the end of the tenancy.
There was a previous order for termination and rent and utilities arrears dated 30 May 2023.
The agent says the tenant refused to leave the tenancy when it was terminated until enforcement was instigated. The tenant finally vacated the property on 8 June 2023.

How much is owed for rent and utilities?

The landlord provided rent records and water rates invoices which prove the further amount owing at the end of the tenancy being $681.43 for rent and $792.59 for water.

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 agent provided photographs of the rubbish left behind as well as invoice for the work done.
The amounts ordered are 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: damage to the front door (camera placed which had to be fixed) and 2 holes in the ceiling (lounge and bedroom). The agent provided pre-tenancy inspection report and photos and exit report and photos.
The damage is more than fair wear and tear, and the tenant has not disproved liability for the damage.
The landlord obtained insurance for the damage and seeks the tenant pay the insurance excess of $250.00.
The amount ordered is proved.
Because Premier Rental Management Limited T/As Zippi Property Management As Agent For Chionh Chai (Ben) & Sheau Jen Shoon & Lim has wholly succeeded with the claim I must reimburse the filing fee.

Tenancy Tribunal case 4623029 — Rent arrears at Unit/Flat 508, 19 Anzac Avenue, Auckland Central,

At a glance

Tenancy Tribunal case 4623029 — Rent arrears at Unit/Flat 508, 19 Anzac Avenue, Auckland Central,

At a glance

Award balance

Claims & awards

Order

Reasons

How much is owed for rent and utilities?

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 utilities?

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