What was the outcome of Tenancy Tribunal case 4659389?

The tribunal order states: William Louis Anderson must pay Upartner Property Limited $3,111.68

How much money was awarded in case 4659389?

Filing Fee: $20.44 awarded to landlord; Property Damage: $200.00 awarded to landlord; Property Damage: $550.00 awarded to landlord; Property Damage: $1,480.00 awarded to landlord; Rent Arrears: $2,537.86 awarded to landlord; Rubbish Removal: $500.00 awarded to landlord; Smoke Alarms: $25.00 awarded to landlord; Water Rates: $398.38 awarded to landlord

What type of tenancy dispute was case 4659389?

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

Where can I read the official tribunal order for case 4659389?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/10216802-Tenancy_Tribunal_Order.pdf.

What was the outcome of Tenancy Tribunal case 4659389?

The tribunal order states: William Louis Anderson must pay Upartner Property Limited $3,111.68

How much money was awarded in case 4659389?

Filing Fee: $20.44 awarded to landlord; Property Damage: $200.00 awarded to landlord; Property Damage: $550.00 awarded to landlord; Property Damage: $1,480.00 awarded to landlord; Rent Arrears: $2,537.86 awarded to landlord; Rubbish Removal: $500.00 awarded to landlord; Smoke Alarms: $25.00 awarded to landlord; Water Rates: $398.38 awarded to landlord

What type of tenancy dispute was case 4659389?

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

Where can I read the official tribunal order for case 4659389?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/10216802-Tenancy_Tribunal_Order.pdf.

24B Tango Place, Henderson, Auckland 0610 Tenancy Tribunal Case 4659389 — Rent arrears

Tenantcheck Insights

Loading insights…

Pulling tribunal records

Loading insights…

Pulling tribunal records

24B Tango Place, Henderson, Auckland 0610 Tenancy Tribunal Case 4659389 — 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 4659389 — net $3,111.68 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears to 07/07/23	$2,537.86	Rent arrears to 07/07/23
Water rates	$398.38	Water rates
Window repairs	$200.00	Window repairs
Repairs to garage door excess	$550.00	Repairs to garage door excess
Repairs for doors, door frames, walls, and ceilings	$1,480.00	Repairs for doors, door frames, walls, and ceilings
Rubbish removal	$500.00	Rubbish removal
Replace smoke alarm	$25.00	Replace smoke alarm
Filing fee reimbursement	$20.44	Filing fee reimbursement
Net award	$3,111.68
Total payable by Tenant to Landlord	$3,111.68

Claims and awards for application 4659389 — net $3,111.68 NZD. Verify on MoJ.

Rent arrears to 07/07/23

Amount: $2,537.86
Awarded to: Landlord
Reason: Rent arrears to 07/07/23

Water rates

Amount: $398.38
Awarded to: Landlord
Reason: Water rates

Window repairs

Amount: $200.00
Awarded to: Landlord
Reason: Window repairs

Repairs to garage door excess

Amount: $550.00
Awarded to: Landlord
Reason: Repairs to garage door excess

Repairs for doors, door frames, walls, and ceilings

Amount: $1,480.00
Awarded to: Landlord
Reason: Repairs for doors, door frames, walls, and ceilings

Claim types — money lines allowed on this order

Filing Fee Property damage Rent arrears Rubbish Removal Replace Smoke Alarms Water Rates

Order

William Louis Anderson must pay Upartner Property Limited $3,111.68 immediately, calculated as shown in table below.
The Bond Centre is to pay the bond of $2,600.00 (6443833-003) to Upartner Property Limited immediately. DescriptionLandlord Rent arrears to 07/07/23$2,537.86 Water rates$398.38 Window repairs$200.00 Repairs to garage door excess$550.00 Repairs for doors, door frames, walls, and ceilings$1,480.00 Rubbish removal$500.00 Replace smoke alarm$25.00 Filing fee reimbursement$20.44 Total award$5,711.68 Bond$2,600.00 Total payable by Tenant to Landlord$3,111.68

Reasons

Amy Zhang attended the hearing for the landlord.
The tenant did not attend.
The landlord has applied for rent arrears, compensation, reimbursement of the filing fee, and payment over of the bond following the end of the tenancy.

How much is owed for rent and water?

The tenancy ended on 7 July 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, and remove all rubbish, return all keys and security devices, and leave all chattels provided for their benefit. The tenant is required to replace worn out smoke alarm batteries during the tenancy.
The tenant did not remove all rubbish and there was a smoke alarm missing at the end of the tenancy.
The amounts ordered for rubbish removal and replacing the smoke alarm 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. 1
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). 2 1 Residential Tenancies Act 1986 (RTA), ss 40(2)(a), 41, and 49B RTA. 2 RTA, s 49B(3)(a).
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). 3 Where insurance money is irrecoverable because of the tenant's conduct, the property is treated as if it is not insured against the damage. 4
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. 5
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. 6
During the tenancy, a window was broken, the garage door was damaged by a car reversing into it. Six doors, several door frames, and part of the walls and ceilings suffered what the landlord’s photographs indicate was intentional or reckless damage. 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 am satisfied that the landlord’s quotes are reasonable and the landlord will have the repair work done. The landlord’s insurance company paid out on the garage door damage so the tenant need only reimburse the landlord for the insurance company’s excess of $550.00. Filing fee and bond
Because the landlord has wholly succeeded in its claim, the Tribunal must order the tenant to reimburse the filing fee.
The bond should be paid out to the landlord in the circumstances. R Kee 3 RTA, s 49B(3)(b). 4 RTA, s 49B(3A)(a). 5 RTA, s 49B(1). 6 See Guo v Korck [2019] NZHC 1541. 17 April 2024

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 4659389 — net $3,111.68 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears to 07/07/23	$2,537.86	Rent arrears to 07/07/23
Water rates	$398.38	Water rates
Window repairs	$200.00	Window repairs
Repairs to garage door excess	$550.00	Repairs to garage door excess
Repairs for doors, door frames, walls, and ceilings	$1,480.00	Repairs for doors, door frames, walls, and ceilings
Rubbish removal	$500.00	Rubbish removal
Replace smoke alarm	$25.00	Replace smoke alarm
Filing fee reimbursement	$20.44	Filing fee reimbursement
Net award	$3,111.68
Total payable by Tenant to Landlord	$3,111.68

Claims and awards for application 4659389 — net $3,111.68 NZD. Verify on MoJ.

Rent arrears to 07/07/23

Amount: $2,537.86
Awarded to: Landlord
Reason: Rent arrears to 07/07/23

Water rates

Amount: $398.38
Awarded to: Landlord
Reason: Water rates

Window repairs

Amount: $200.00
Awarded to: Landlord
Reason: Window repairs

Repairs to garage door excess

Amount: $550.00
Awarded to: Landlord
Reason: Repairs to garage door excess

Repairs for doors, door frames, walls, and ceilings

Amount: $1,480.00
Awarded to: Landlord
Reason: Repairs for doors, door frames, walls, and ceilings

Claim types — money lines allowed on this order

Filing Fee Property damage Rent arrears Rubbish Removal Replace Smoke Alarms Water Rates

Order

William Louis Anderson must pay Upartner Property Limited $3,111.68 immediately, calculated as shown in table below.
The Bond Centre is to pay the bond of $2,600.00 (6443833-003) to Upartner Property Limited immediately. DescriptionLandlord Rent arrears to 07/07/23$2,537.86 Water rates$398.38 Window repairs$200.00 Repairs to garage door excess$550.00 Repairs for doors, door frames, walls, and ceilings$1,480.00 Rubbish removal$500.00 Replace smoke alarm$25.00 Filing fee reimbursement$20.44 Total award$5,711.68 Bond$2,600.00 Total payable by Tenant to Landlord$3,111.68

Reasons

Amy Zhang attended the hearing for the landlord.
The tenant did not attend.
The landlord has applied for rent arrears, compensation, reimbursement of the filing fee, and payment over of the bond following the end of the tenancy.

How much is owed for rent and water?

The tenancy ended on 7 July 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, and remove all rubbish, return all keys and security devices, and leave all chattels provided for their benefit. The tenant is required to replace worn out smoke alarm batteries during the tenancy.
The tenant did not remove all rubbish and there was a smoke alarm missing at the end of the tenancy.
The amounts ordered for rubbish removal and replacing the smoke alarm 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. 1
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). 2 1 Residential Tenancies Act 1986 (RTA), ss 40(2)(a), 41, and 49B RTA. 2 RTA, s 49B(3)(a).
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). 3 Where insurance money is irrecoverable because of the tenant's conduct, the property is treated as if it is not insured against the damage. 4
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. 5
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. 6
During the tenancy, a window was broken, the garage door was damaged by a car reversing into it. Six doors, several door frames, and part of the walls and ceilings suffered what the landlord’s photographs indicate was intentional or reckless damage. 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 am satisfied that the landlord’s quotes are reasonable and the landlord will have the repair work done. The landlord’s insurance company paid out on the garage door damage so the tenant need only reimburse the landlord for the insurance company’s excess of $550.00. Filing fee and bond
Because the landlord has wholly succeeded in its claim, the Tribunal must order the tenant to reimburse the filing fee.
The bond should be paid out to the landlord in the circumstances. R Kee 3 RTA, s 49B(3)(b). 4 RTA, s 49B(3A)(a). 5 RTA, s 49B(1). 6 See Guo v Korck [2019] NZHC 1541. 17 April 2024

Tenancy Tribunal case 4659389 — Rent arrears at 24B Tango Place, Henderson, Auckland 0610

At a glance

Tenancy Tribunal case 4659389 — Rent arrears at 24B Tango Place, Henderson, Auckland 0610

At a glance

Award balance

Claims & awards

Order

Reasons

How much is owed for rent and water?

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?

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