What was the outcome of Tenancy Tribunal case 4664973?

The tribunal order states: May Lucyanna Nonutunu must pay 3To1 Property Management Limited Joy

How much money was awarded in case 4664973?

Cleaning: $431.25 awarded to landlord; Cleaning: $200.00 awarded to landlord; Filing Fee: $20.44 awarded to landlord; Letting Fee: $253.00 awarded to landlord; Property Damage: $644.00 awarded to landlord; Rent Arrears: $2,092.86 awarded to landlord; Rubbish Removal: $1,105.00 awarded to landlord; Water Rates: $467.52 awarded to landlord

What type of tenancy dispute was case 4664973?

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

Where can I read the official tribunal order for case 4664973?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/10143557-Tenancy_Tribunal_Order.pdf.

What was the outcome of Tenancy Tribunal case 4664973?

The tribunal order states: May Lucyanna Nonutunu must pay 3To1 Property Management Limited Joy

How much money was awarded in case 4664973?

Cleaning: $431.25 awarded to landlord; Cleaning: $200.00 awarded to landlord; Filing Fee: $20.44 awarded to landlord; Letting Fee: $253.00 awarded to landlord; Property Damage: $644.00 awarded to landlord; Rent Arrears: $2,092.86 awarded to landlord; Rubbish Removal: $1,105.00 awarded to landlord; Water Rates: $467.52 awarded to landlord

What type of tenancy dispute was case 4664973?

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

Where can I read the official tribunal order for case 4664973?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/10143557-Tenancy_Tribunal_Order.pdf.

19 Chorley Avenue, Massey, Auckland 0614 Tenancy Tribunal Case 4664973 — Rent arrears

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19 Chorley Avenue, Massey, Auckland 0614 Tenancy Tribunal Case 4664973 — 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 4664973 — net $3,234.07 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears to 26 August 2023	$2,092.86	Rent arrears to 26 August 2023
Water rates	$467.52	Water rates
Window repairs	$644.00	Window repairs
Carpet Cleaning: Replace	$431.25	Carpet Cleaning: Replace
Cleaning	$200.00	Cleaning
Rubbish removal	$1,105.00	Rubbish removal
Filing fee reimbursement	$20.44	Filing fee reimbursement
Letting fee	$253.00	Letting fee
Net award	$3,234.07
Total payable by Tenant to Landlord	$3,234.07

Claims and awards for application 4664973 — net $3,234.07 NZD. Verify on MoJ.

Rent arrears to 26 August 2023

Amount: $2,092.86
Awarded to: Landlord
Reason: Rent arrears to 26 August 2023

Water rates

Amount: $467.52
Awarded to: Landlord
Reason: Water rates

Window repairs

Amount: $644.00
Awarded to: Landlord
Reason: Window repairs

Carpet Cleaning: Replace

Amount: $431.25
Awarded to: Landlord
Reason: Carpet Cleaning: Replace

Cleaning

Amount: $200.00
Awarded to: Landlord
Reason: Cleaning

Claim types — money lines allowed on this order

Carpet Cleaning Cleanliness Filing Fee Property damage Rent arrears Rubbish Removal Water Rates

Order

May Lucyanna Nonutunu must pay 3To1 Property Management Limited Joy Zhang $3,234.07 immediately, calculated as shown in table below.
The Bond Centre is to pay the bond of $1,980.00 (3797395-002) to 3To1 Property Management Limited Joy Zhang immediately.

Reasons

The landlord attended the hearing, the respondent did not.
The landlord has applied for rent arrears, compensation, damages 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 tenant signed a one-year fixed-term Tenancy Agreement that was to end on 03 January 2024. They then gave notice and moved out early on the week of 03 August 2023, breaking the fixed-term tenancy early. They had completed 8 of the 12 months. The landlord advertised the premises again and found new tenants who moved in on 28 August 2023. The landlord is seeking rent arrears to be paid up until 26 August 2023.
The landlord provided rent records and water rates invoices which prove the amounts owing at the end of the tenancy are $2,092.86 for rent arrears and $467.52 for water rates.

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, and did not remove all rubbish. The landlord engaged cleaners for the kitchen and bathroom but cleaned the rest of the premises themselves.
A large amount of broken furniture and other broken belongings were left at the property. Rubbish removers were engaged to remove the rubbish.
The amounts ordered are proved. Lease break fees
The landlord claimed costs of $759.00 for re-tenanting the property early, due to the early break of the fixed-term tenancy.
As eight of the twelve months, or two-thirds of the tenancy had passed, the landlord could reasonably expect to have to expend this amount in another four months in any case. The amount of lease break fees awarded is adjusted accordingly.
The amount ordered is 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.
An area of carpet on the stairway was damaged requiring the stairway carpet to be replaced. Windows in the garage and the house were left broken.
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 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.
Because 3To1 Property Management Limited Joy Zhang has substantially succeeded with the claim I have reimbursed 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 4664973 — net $3,234.07 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears to 26 August 2023	$2,092.86	Rent arrears to 26 August 2023
Water rates	$467.52	Water rates
Window repairs	$644.00	Window repairs
Carpet Cleaning: Replace	$431.25	Carpet Cleaning: Replace
Cleaning	$200.00	Cleaning
Rubbish removal	$1,105.00	Rubbish removal
Filing fee reimbursement	$20.44	Filing fee reimbursement
Letting fee	$253.00	Letting fee
Net award	$3,234.07
Total payable by Tenant to Landlord	$3,234.07

Claims and awards for application 4664973 — net $3,234.07 NZD. Verify on MoJ.

Rent arrears to 26 August 2023

Amount: $2,092.86
Awarded to: Landlord
Reason: Rent arrears to 26 August 2023

Water rates

Amount: $467.52
Awarded to: Landlord
Reason: Water rates

Window repairs

Amount: $644.00
Awarded to: Landlord
Reason: Window repairs

Carpet Cleaning: Replace

Amount: $431.25
Awarded to: Landlord
Reason: Carpet Cleaning: Replace

Cleaning

Amount: $200.00
Awarded to: Landlord
Reason: Cleaning

Claim types — money lines allowed on this order

Carpet Cleaning Cleanliness Filing Fee Property damage Rent arrears Rubbish Removal Water Rates

Order

May Lucyanna Nonutunu must pay 3To1 Property Management Limited Joy Zhang $3,234.07 immediately, calculated as shown in table below.
The Bond Centre is to pay the bond of $1,980.00 (3797395-002) to 3To1 Property Management Limited Joy Zhang immediately.

Reasons

The landlord attended the hearing, the respondent did not.
The landlord has applied for rent arrears, compensation, damages 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 tenant signed a one-year fixed-term Tenancy Agreement that was to end on 03 January 2024. They then gave notice and moved out early on the week of 03 August 2023, breaking the fixed-term tenancy early. They had completed 8 of the 12 months. The landlord advertised the premises again and found new tenants who moved in on 28 August 2023. The landlord is seeking rent arrears to be paid up until 26 August 2023.
The landlord provided rent records and water rates invoices which prove the amounts owing at the end of the tenancy are $2,092.86 for rent arrears and $467.52 for water rates.

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, and did not remove all rubbish. The landlord engaged cleaners for the kitchen and bathroom but cleaned the rest of the premises themselves.
A large amount of broken furniture and other broken belongings were left at the property. Rubbish removers were engaged to remove the rubbish.
The amounts ordered are proved. Lease break fees
The landlord claimed costs of $759.00 for re-tenanting the property early, due to the early break of the fixed-term tenancy.
As eight of the twelve months, or two-thirds of the tenancy had passed, the landlord could reasonably expect to have to expend this amount in another four months in any case. The amount of lease break fees awarded is adjusted accordingly.
The amount ordered is 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.
An area of carpet on the stairway was damaged requiring the stairway carpet to be replaced. Windows in the garage and the house were left broken.
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 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.
Because 3To1 Property Management Limited Joy Zhang has substantially succeeded with the claim I have reimbursed the filing fee.

Tenancy Tribunal case 4664973 — Rent arrears at 19 Chorley Avenue, Massey, Auckland 0614

At a glance

Tenancy Tribunal case 4664973 — Rent arrears at 19 Chorley Avenue, Massey, Auckland 0614

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

Property management

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

Property management

Frequently asked questions