What was the outcome of Tenancy Tribunal case 4625569?

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

How much money was awarded in case 4625569?

Cleaning: $400.00 awarded to landlord; Filing Fee: $20.44 awarded to landlord; Property Damage: $360.00 awarded to landlord; Rent Arrears: $857.14 awarded to landlord; Rubbish Removal: $1,854.23 awarded to landlord

What type of tenancy dispute was case 4625569?

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

Where can I read the official tribunal order for case 4625569?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/9467973-Tenancy_Tribunal_Order.pdf.

What was the outcome of Tenancy Tribunal case 4625569?

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

How much money was awarded in case 4625569?

Cleaning: $400.00 awarded to landlord; Filing Fee: $20.44 awarded to landlord; Property Damage: $360.00 awarded to landlord; Rent Arrears: $857.14 awarded to landlord; Rubbish Removal: $1,854.23 awarded to landlord

What type of tenancy dispute was case 4625569?

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

Where can I read the official tribunal order for case 4625569?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/9467973-Tenancy_Tribunal_Order.pdf.

652 Pioneer Highway, Highbury, Palmerston North 4412 Tenancy Tribunal Case 4625569 — Rent arrears

Claims and awards in Tenancy Tribunal application 4625569 — net $1,571.81 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears	$857.14	Rent arrears
Cleaning	$400.00	Cleaning
Rubbish removal	$1,854.23	Rubbish removal
Repairs	$360.00	Repairs
Filing fee reimbursement	$20.44	Filing fee reimbursement
Net award	$1,571.81
Total payable by Tenant to Landlord	$1,571.81

Order

No application for suppression has been made in this case and no suppression orders apply around publication of this decision.
Folole Hana Fiso must pay Hawick Qian $1,571.81 immediately, calculated as shown in table below.

Reasons

On 10 August 2023 I adjourned the landlord’s application for rent arrears, compensation, refund of the bond, and reimbursement of the filing fee following the end of the tenancy to allow the landlord to provide proper evidence to substantiate his claims.
Today he was represented by his colleague, Bernadine Wastney, from Manner Property Management. Although he had advised the Tribunal before the hearing that Ms Wastney would be attending, he did not apply to have a representative appointed. Ms Wastney confirmed that Mr Qian is the owner and landlord of this property. He should have attended himself or applied for the Tribunal to allow representation. I allowed Ms Wastney to attend on Mr Qian’s behalf.
The tenant did not appear. Ms Wastney advised that the tenant had needed to leave the property at short notice and was very apologetic that she had not been able to attend to matters properly and she had signed over the bond to Mr Qian.
Mr Qian has now provided a proper rent summary. The amount sought is slightly more than in the original application but the rent summary makes it clear that it is owing. The tenant had not been in arrears until the end when she did not pay the last week and a bit. The amount of $857 owing to the date of termination on 24 March 2023 is proved.

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 and remove all rubbish. See section 40(1)(e) Residential Tenancies Act 1986.
The landlord provided photos which showed that the tenant did not leave the premises reasonably clean and tidy, and did not remove all rubbish. Ms Wastney had helped the landlord clean and tidy the property and she confirmed that the tenant had not undertaken any cleaning.
The landlord submitted an invoice #2300132 dated 23 March from Feng Qian J&J Maintenance Service to Feng Qian 1 for rubbish dispose for “Enviro waste”. This is the day before the rent was owed to. The quantity is 1 and the rate is shown as $1,004.23. The labour is again, quantity 1 and the amount is $850. There is no breakdown of hours, hourly rate and no GST. The landlord should provide receipts and itemised accounts. However, I have decided the amount is reasonable and have ordered the Tribunal to pay this.
There is a second invoice #2300148 dated 24 March for $1,355.00 for cleaning. The quantity is again 1. The rate is $1,355. Again there is no hourly rate or number of hours. I have allowed $400.00 for cleaning the property which is a reasonable amount and in keeping with other claims before the Tribunal. 1 The name on the tenancy agreement is Feng Qian

Is the tenant responsible for the damage to the premises?

The landlord has other claims for damage/repairs to the property. 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.
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 landlord provided a photograph showing a damaged tiles in the bathroom and an itemised invoice dated 9 April 2021 from Odd Job Bob for replacing the shower platform. The landlord also provided an email dated 16 May 2021 from the tenant asking if she can start making payments for the repairs in the bathroom. I am satisfied that the damage occurred during the tenancy and it is more than fair wear and tear. I order the tenant to pay $360.88.
There is a third invoice #2300134, also dated 23 March 2023 from Feng Qian J&J maintenance service. It lists a number of items totalling $1,493.92. The items listed are living room roll curtain replacement, shower door, repair, bedroom wall paper damage, shower sink blockage, bedroom carpet replacement, towel rack broken, door handle, drawer handle. It is unclear whether the figures listed are disbursements or time spent. With the exception of the claim for carpet, there are no invoices or receipts.
The landlord has not provided entry photos or an entry report. The exit report is blank apart from the entry of “N” for “No” in the “undamaged” column for Lounge Room and “N” for “No” in the “undamaged” column for the following items: Staircases/railings, Wheelie and recycle bins Pool/equipment. Street number/letter box, External walls, Balcony/porch/deck, Awning/gutters, Paving/pergola, Garage/car port/ storeroom, Garden shed, Gates/fences, Grounds/garden, External taps/hose, Clothes line, Solar panels, Paths/driveway, Other.
This simply does not make sense. For example, there is no evidence of a pool or solar panels in the photographs provided.
The landlord was provided with an opportunity to properly substantiate his claims and has not done so. Although there is an invoice for replacement of bedroom carpet, there is no photo of the damaged carpet, description of it in the exit report, no explanation of the damage, no information about the age of the carpet.
All of the claims in the invoice number #2300134 are dismissed.
Because Hawick Qian has substantially succeeded with the claim I have reimbursed the filing fee.

Claims and awards in Tenancy Tribunal application 4625569 — net $1,571.81 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears	$857.14	Rent arrears
Cleaning	$400.00	Cleaning
Rubbish removal	$1,854.23	Rubbish removal
Repairs	$360.00	Repairs
Filing fee reimbursement	$20.44	Filing fee reimbursement
Net award	$1,571.81
Total payable by Tenant to Landlord	$1,571.81

Order

No application for suppression has been made in this case and no suppression orders apply around publication of this decision.
Folole Hana Fiso must pay Hawick Qian $1,571.81 immediately, calculated as shown in table below.

Reasons

On 10 August 2023 I adjourned the landlord’s application for rent arrears, compensation, refund of the bond, and reimbursement of the filing fee following the end of the tenancy to allow the landlord to provide proper evidence to substantiate his claims.
Today he was represented by his colleague, Bernadine Wastney, from Manner Property Management. Although he had advised the Tribunal before the hearing that Ms Wastney would be attending, he did not apply to have a representative appointed. Ms Wastney confirmed that Mr Qian is the owner and landlord of this property. He should have attended himself or applied for the Tribunal to allow representation. I allowed Ms Wastney to attend on Mr Qian’s behalf.
The tenant did not appear. Ms Wastney advised that the tenant had needed to leave the property at short notice and was very apologetic that she had not been able to attend to matters properly and she had signed over the bond to Mr Qian.
Mr Qian has now provided a proper rent summary. The amount sought is slightly more than in the original application but the rent summary makes it clear that it is owing. The tenant had not been in arrears until the end when she did not pay the last week and a bit. The amount of $857 owing to the date of termination on 24 March 2023 is proved.

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 and remove all rubbish. See section 40(1)(e) Residential Tenancies Act 1986.
The landlord provided photos which showed that the tenant did not leave the premises reasonably clean and tidy, and did not remove all rubbish. Ms Wastney had helped the landlord clean and tidy the property and she confirmed that the tenant had not undertaken any cleaning.
The landlord submitted an invoice #2300132 dated 23 March from Feng Qian J&J Maintenance Service to Feng Qian 1 for rubbish dispose for “Enviro waste”. This is the day before the rent was owed to. The quantity is 1 and the rate is shown as $1,004.23. The labour is again, quantity 1 and the amount is $850. There is no breakdown of hours, hourly rate and no GST. The landlord should provide receipts and itemised accounts. However, I have decided the amount is reasonable and have ordered the Tribunal to pay this.
There is a second invoice #2300148 dated 24 March for $1,355.00 for cleaning. The quantity is again 1. The rate is $1,355. Again there is no hourly rate or number of hours. I have allowed $400.00 for cleaning the property which is a reasonable amount and in keeping with other claims before the Tribunal. 1 The name on the tenancy agreement is Feng Qian

Is the tenant responsible for the damage to the premises?

The landlord has other claims for damage/repairs to the property. 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.
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 landlord provided a photograph showing a damaged tiles in the bathroom and an itemised invoice dated 9 April 2021 from Odd Job Bob for replacing the shower platform. The landlord also provided an email dated 16 May 2021 from the tenant asking if she can start making payments for the repairs in the bathroom. I am satisfied that the damage occurred during the tenancy and it is more than fair wear and tear. I order the tenant to pay $360.88.
There is a third invoice #2300134, also dated 23 March 2023 from Feng Qian J&J maintenance service. It lists a number of items totalling $1,493.92. The items listed are living room roll curtain replacement, shower door, repair, bedroom wall paper damage, shower sink blockage, bedroom carpet replacement, towel rack broken, door handle, drawer handle. It is unclear whether the figures listed are disbursements or time spent. With the exception of the claim for carpet, there are no invoices or receipts.
The landlord has not provided entry photos or an entry report. The exit report is blank apart from the entry of “N” for “No” in the “undamaged” column for Lounge Room and “N” for “No” in the “undamaged” column for the following items: Staircases/railings, Wheelie and recycle bins Pool/equipment. Street number/letter box, External walls, Balcony/porch/deck, Awning/gutters, Paving/pergola, Garage/car port/ storeroom, Garden shed, Gates/fences, Grounds/garden, External taps/hose, Clothes line, Solar panels, Paths/driveway, Other.
This simply does not make sense. For example, there is no evidence of a pool or solar panels in the photographs provided.
The landlord was provided with an opportunity to properly substantiate his claims and has not done so. Although there is an invoice for replacement of bedroom carpet, there is no photo of the damaged carpet, description of it in the exit report, no explanation of the damage, no information about the age of the carpet.
All of the claims in the invoice number #2300134 are dismissed.
Because Hawick Qian has substantially succeeded with the claim I have reimbursed the filing fee.

Tenancy Tribunal case 4625569 — Rent arrears at 652 Pioneer Highway, Highbury, Palmerston North 4412

At a glance

Tenancy Tribunal case 4625569 — Rent arrears at 652 Pioneer Highway, Highbury, Palmerston North 4412

At a glance

Award balance

Claims & awards

Order

Reasons

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

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