What was Tenancy Tribunal case 4623351 about?

The tribunal order states: Alexandria Maria Makere Taare must pay [The landlord/s] $1,995.30

How much money was awarded in case 4623351?

Body Corp Abatement Notices: $391.25 awarded to landlord; Cleaning: $166.75 awarded to landlord; Filing Fee: $20.44 awarded to landlord; Property Damage: $80.00 awarded to landlord; Rent Arrears: $2,236.42 awarded to landlord; Replace Broken Blind: $12.50 awarded to landlord; Replace furnishings: Microwave surro…: $37.08 awarded to landlord; Replace Furnishings: Rubbish Bin: $54.99 awarded to landlord; Rubbish Removal: $176.25 awarded to landlord; Water Rates: $209.62 awarded to landlord

What type of tenancy dispute was case 4623351?

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

Where can I read the official tribunal order for case 4623351?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/9837084-Tribunal_Order_Redacted.pdf.

What was Tenancy Tribunal case 4623351 about?

The tribunal order states: Alexandria Maria Makere Taare must pay [The landlord/s] $1,995.30

How much money was awarded in case 4623351?

Body Corp Abatement Notices: $391.25 awarded to landlord; Cleaning: $166.75 awarded to landlord; Filing Fee: $20.44 awarded to landlord; Property Damage: $80.00 awarded to landlord; Rent Arrears: $2,236.42 awarded to landlord; Replace Broken Blind: $12.50 awarded to landlord; Replace furnishings: Microwave surro…: $37.08 awarded to landlord; Replace Furnishings: Rubbish Bin: $54.99 awarded to landlord; Rubbish Removal: $176.25 awarded to landlord; Water Rates: $209.62 awarded to landlord

What type of tenancy dispute was case 4623351?

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

Where can I read the official tribunal order for case 4623351?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/9837084-Tribunal_Order_Redacted.pdf.

Unit/Flat 706, 5 Howe Street, Freemans Bay, Auckland Tenancy Tribunal Case 4623351 — Rent arrears

Order

Claims and awards in Tenancy Tribunal application 4623351 — net $1,995.30 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears	$2,236.42	Rent arrears
Filing fee reimbursement	$20.44	Filing fee reimbursement
Water rates	$209.62	Water rates
Carpet Cleaning	$166.75	Carpet Cleaning
Rubbish removal	$176.25	Rubbish removal
Replace furnishings: Microwave surround	$37.08	Replace furnishings: Microwave surround
Repairs: Replace broken blind	$12.50	Repairs: Replace broken blind
Body Corp Abatement notices	$391.25	Body Corp Abatement notices
Replace furnishings: Rubbish Bin	$54.99	Replace furnishings: Rubbish Bin
Lock/key replacement	$80.00	Lock/key replacement
Net award	$1,995.30
Total payable by Tenant to Landlord	$1,995.30

Alexandria Maria Makere Taare must pay [The landlord/s] $1,995.30 immediately, for rent arrears, water bills, reimbursement of filing fee and damages, as calculated and shown in table below. DescriptionLandlord Rent arrears$2,236.42 Filing fee reimbursement$20.44 Water rates$209.62 Carpet Cleaning$166.75 Rubbish removal$176.25 Replace furnishings: Microwave surround$37.08 Repairs: Replace broken blind$12.50 Body Corp Abatement notices$391.25 Replace furnishings: Rubbish Bin$54.99 Lock/key replacement$80.00 Total award$3,385.30 Minus Bond$1,390.00 Total payable by Tenant to Landlord$1,995.30

The Bond Centre is to pay the bond of $1,390.00 ([Bond number suppressed]) to [The landlord/s] immediately.

I am dismissing the landlords claim for the broken chair.

Reasons

The landlord attended the hearing, the tenant did not attend.

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 tenancy ended on 8 May 2023. The landlord provided rent records and water rates invoices which prove the amount owing at the end of the tenancy.

The tenant owes $2236.42 in rent arrears and $209.62 in water bills at the end of the tenancy.

I am satisfied that the landlord has proven her claim for rent arrears and water bills.

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 Tribunal was provided with several invoices for cleaning and rubbish removal, in addition to photographs of the property at the end of the tenancy. Carpet cleaning

An invoice for carpet and upholstery cleaning was provided, dated 28 May 2023 from [cleaning company] for $166.75.

The landlord provided photographs of the carpet and couch which clearly show heavy stains on both.

I am satisfied that the landlord has proven her claim for the carpet and upholstery cleaning costs. Rubbish removal.

The landlord has provided the Tribunal with invoices from [rubbish removal company] dated 19 May 2023 for $176.25, and photographs of the rubbish left at the property by the tenant. I am satisfied that the landlord has proven their claim for rubbish removal. Key replacement

The tenant did not return the keys. The landlord has provided the Tribunal with an invoice for $80.00 for the cost of replacing the keys.

I am satisfied that the landlord has proven their claim for the key replacement. Rubbish bin/Microwave surround.

A rubbish bin and a microwave surround were missing at the end of the tenancy. The bin and microwave surround were replaced by the landlord. An invoice for a rubbish bin at $54.99 from [homeware store] dated 24 June 2023 and $37.08 for the surround was provided to the Tribunal.

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 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: broken neighbours chair and a piece of vertical blind. The damage is more than fair wear and tear, and the tenant has not disproved liability for the damage.

The landlord is seeking to claim for a neighbour’s broken chair and a broken piece of vertical blind.

I am not considering the broken chair as there has been no evidence regarding ownership, and damage of the chair. The blind was broken during the tenancy and is more than wear and tear.

The amount of $12.50 are proved. Abatement notice

The landlord is seeking to claim the cost of a Body Corporation Abatement Notice sent to the tenant and landlord. The Notice relates to the call out charges required because of noise complaint about the tenant by the neighbouring units and damage to a roller door after the tenant forcibly opened the door.

The Body Corp sent the landlord an invoice dated on 2 May 2023 for $391.25, which has been provided to the Tribunal.

I am satisfied that the landlord has proven their claim for the abatement notice. Bond

The bond of $1390.00 is to be refunded to the landlord immediately to offset the debt owed by the tenant to the landlord. Suppression

The landlord has asked for suppression of her name and details. As she is successful in her claim, I am granting suppression. Filing fee

Because [The landlord/s] has substantially succeeded with the claim I have reimbursed the filing fee.

Claims and awards in Tenancy Tribunal application 4623351 — net $1,995.30 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears	$2,236.42	Rent arrears
Filing fee reimbursement	$20.44	Filing fee reimbursement
Water rates	$209.62	Water rates
Carpet Cleaning	$166.75	Carpet Cleaning
Rubbish removal	$176.25	Rubbish removal
Replace furnishings: Microwave surround	$37.08	Replace furnishings: Microwave surround
Repairs: Replace broken blind	$12.50	Repairs: Replace broken blind
Body Corp Abatement notices	$391.25	Body Corp Abatement notices
Replace furnishings: Rubbish Bin	$54.99	Replace furnishings: Rubbish Bin
Lock/key replacement	$80.00	Lock/key replacement
Net award	$1,995.30
Total payable by Tenant to Landlord	$1,995.30

Order

Alexandria Maria Makere Taare must pay [The landlord/s] $1,995.30 immediately, for rent arrears, water bills, reimbursement of filing fee and damages, as calculated and shown in table below. DescriptionLandlord Rent arrears$2,236.42 Filing fee reimbursement$20.44 Water rates$209.62 Carpet Cleaning$166.75 Rubbish removal$176.25 Replace furnishings: Microwave surround$37.08 Repairs: Replace broken blind$12.50 Body Corp Abatement notices$391.25 Replace furnishings: Rubbish Bin$54.99 Lock/key replacement$80.00 Total award$3,385.30 Minus Bond$1,390.00 Total payable by Tenant to Landlord$1,995.30
The Bond Centre is to pay the bond of $1,390.00 ([Bond number suppressed]) to [The landlord/s] immediately.
I am dismissing the landlords claim for the broken chair.

Reasons

The landlord attended the hearing, the tenant did not attend.
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 tenancy ended on 8 May 2023. The landlord provided rent records and water rates invoices which prove the amount owing at the end of the tenancy.
The tenant owes $2236.42 in rent arrears and $209.62 in water bills at the end of the tenancy.
I am satisfied that the landlord has proven her claim for rent arrears and water bills.

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 Tribunal was provided with several invoices for cleaning and rubbish removal, in addition to photographs of the property at the end of the tenancy. Carpet cleaning
An invoice for carpet and upholstery cleaning was provided, dated 28 May 2023 from [cleaning company] for $166.75.
The landlord provided photographs of the carpet and couch which clearly show heavy stains on both.
I am satisfied that the landlord has proven her claim for the carpet and upholstery cleaning costs. Rubbish removal.
The landlord has provided the Tribunal with invoices from [rubbish removal company] dated 19 May 2023 for $176.25, and photographs of the rubbish left at the property by the tenant. I am satisfied that the landlord has proven their claim for rubbish removal. Key replacement
The tenant did not return the keys. The landlord has provided the Tribunal with an invoice for $80.00 for the cost of replacing the keys.
I am satisfied that the landlord has proven their claim for the key replacement. Rubbish bin/Microwave surround.
A rubbish bin and a microwave surround were missing at the end of the tenancy. The bin and microwave surround were replaced by the landlord. An invoice for a rubbish bin at $54.99 from [homeware store] dated 24 June 2023 and $37.08 for the surround was provided to the Tribunal.
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 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: broken neighbours chair and a piece of vertical blind. The damage is more than fair wear and tear, and the tenant has not disproved liability for the damage.
The landlord is seeking to claim for a neighbour’s broken chair and a broken piece of vertical blind.
I am not considering the broken chair as there has been no evidence regarding ownership, and damage of the chair. The blind was broken during the tenancy and is more than wear and tear.
The amount of $12.50 are proved. Abatement notice
The landlord is seeking to claim the cost of a Body Corporation Abatement Notice sent to the tenant and landlord. The Notice relates to the call out charges required because of noise complaint about the tenant by the neighbouring units and damage to a roller door after the tenant forcibly opened the door.
The Body Corp sent the landlord an invoice dated on 2 May 2023 for $391.25, which has been provided to the Tribunal.
I am satisfied that the landlord has proven their claim for the abatement notice. Bond
The bond of $1390.00 is to be refunded to the landlord immediately to offset the debt owed by the tenant to the landlord. Suppression
The landlord has asked for suppression of her name and details. As she is successful in her claim, I am granting suppression. Filing fee
Because [The landlord/s] has substantially succeeded with the claim I have reimbursed the filing fee.

Tenancy Tribunal case 4623351 — Rent arrears at Unit/Flat 706, 5 Howe Street, Freemans Bay, Auckland

At a glance

Tenancy Tribunal case 4623351 — Rent arrears at Unit/Flat 706, 5 Howe Street, Freemans Bay, 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

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

Frequently asked questions