What was the outcome of Tenancy Tribunal case 4677212?

The tribunal order states: Karen Diane MOON must pay Enfield Property Management Limited As Agent

How much money was awarded in case 4677212?

Rubbish Removal: $184.00 awarded to landlord; Filing Fee: $20.44 awarded to landlord; Property Damage: $222.53 awarded to landlord; Property Damage: $146.86 awarded to landlord; Property Damage: $30.00 awarded to landlord; Property Damage: $20.00 awarded to landlord; Property Damage: $80.00 awarded to landlord; Rent Arrears: $3,365.71 awarded to landlord; Water Usage: $246.41 awarded to landlord

What type of tenancy dispute was case 4677212?

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

Where can I read the official tribunal order for case 4677212?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/9745954-Tenancy_Tribunal_Order.pdf.

What was the outcome of Tenancy Tribunal case 4677212?

The tribunal order states: Karen Diane MOON must pay Enfield Property Management Limited As Agent

How much money was awarded in case 4677212?

Rubbish Removal: $184.00 awarded to landlord; Filing Fee: $20.44 awarded to landlord; Property Damage: $222.53 awarded to landlord; Property Damage: $146.86 awarded to landlord; Property Damage: $30.00 awarded to landlord; Property Damage: $20.00 awarded to landlord; Property Damage: $80.00 awarded to landlord; Rent Arrears: $3,365.71 awarded to landlord; Water Usage: $246.41 awarded to landlord

What type of tenancy dispute was case 4677212?

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

Where can I read the official tribunal order for case 4677212?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/9745954-Tenancy_Tribunal_Order.pdf.

Unit/Flat 6, 102 Pakuranga Road, Pakuranga, Auckland Tenancy Tribunal Case 4677212 — Rent arrears

Reasons

Claims and awards in Tenancy Tribunal application 4677212 — net $1,835.95 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears to 2 September 2023	$3,365.71	Rent arrears to 2 September 2023
Water usage	$246.41	Water usage
Cleaning: and rubbish removal	$184.00	Cleaning: and rubbish removal
Lock/key replacement: front door and access card	$222.53	Lock/key replacement: front door and access card
Lock/key replacement: storage	$146.86	Lock/key replacement: storage
wastemaster repair	$30.00	wastemaster repair
above bedroom wall repair	$20.00	above bedroom wall repair
sliding door lock repair	$80.00	sliding door lock repair
Filing fee reimbursement	$20.44	Filing fee reimbursement
Net award	$1,835.95
Total payable by Tenant to Landlord	$1,835.95

The agent Ms Li and other members of her office attended the hearing. There was no appearance by the tenant.

This tenancy began on 30 June 2023 and ended on 2 September 2023.

The landlord has applied for rent arrears, water usage owing, compensation for no keys returned, cleaning and rubbish removal, compensation for fixing some minor 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 usage?

The tenancy ended on 2 September 2023. The landlord provided rent records showing $$3365.71 was owing at the end of the tenancy and a water rates invoice which prove the amount owing at the end of the tenancy being $246.41 for water usage.

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 tenant did not return the front door and storage keys or access fob.

The amounts ordered for cleaning and rubbish removal and for the keys 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.

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.

The following damage was caused during the tenancy: damage to the sliding door lock, wastemaster and bedroom wall. The agent provided pre-tenancy photos and a report and explained during the hearing her regular inspections that these were not issues in June 2023.

The damage is more than fair wear and tear, and the tenant has not disproved liability for the damage.

The amounts ordered for the repairs 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 Enfield Property Management Limited As Agent For Pretty Chic Ltd has substantially succeeded with the claim I have reimbursed the filing fee.

Claims and awards in Tenancy Tribunal application 4677212 — net $1,835.95 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears to 2 September 2023	$3,365.71	Rent arrears to 2 September 2023
Water usage	$246.41	Water usage
Cleaning: and rubbish removal	$184.00	Cleaning: and rubbish removal
Lock/key replacement: front door and access card	$222.53	Lock/key replacement: front door and access card
Lock/key replacement: storage	$146.86	Lock/key replacement: storage
wastemaster repair	$30.00	wastemaster repair
above bedroom wall repair	$20.00	above bedroom wall repair
sliding door lock repair	$80.00	sliding door lock repair
Filing fee reimbursement	$20.44	Filing fee reimbursement
Net award	$1,835.95
Total payable by Tenant to Landlord	$1,835.95

Order

Karen Diane MOON must pay Enfield Property Management Limited As Agent For Pretty Chic Ltd $1,835.95 immediately, calculated as shown in table below.
The Bond Centre is to pay the bond of $2,480.00 (5966662-004) to Enfield Property Management Limited As Agent For Pretty Chic Ltd immediately.

Reasons

The agent Ms Li and other members of her office attended the hearing. There was no appearance by the tenant.
This tenancy began on 30 June 2023 and ended on 2 September 2023.
The landlord has applied for rent arrears, water usage owing, compensation for no keys returned, cleaning and rubbish removal, compensation for fixing some minor 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 usage?

The tenancy ended on 2 September 2023. The landlord provided rent records showing $$3365.71 was owing at the end of the tenancy and a water rates invoice which prove the amount owing at the end of the tenancy being $246.41 for water usage.

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 tenant did not return the front door and storage keys or access fob.
The amounts ordered for cleaning and rubbish removal and for the keys 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.
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.
The following damage was caused during the tenancy: damage to the sliding door lock, wastemaster and bedroom wall. The agent provided pre-tenancy photos and a report and explained during the hearing her regular inspections that these were not issues in June 2023.
The damage is more than fair wear and tear, and the tenant has not disproved liability for the damage.
The amounts ordered for the repairs 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 Enfield Property Management Limited As Agent For Pretty Chic Ltd has substantially succeeded with the claim I have reimbursed the filing fee.

Tenancy Tribunal case 4677212 — Rent arrears at Unit/Flat 6, 102 Pakuranga Road, Pakuranga, Auckland

At a glance

Tenancy Tribunal case 4677212 — Rent arrears at Unit/Flat 6, 102 Pakuranga Road, Pakuranga, Auckland

At a glance

Award balance

Claims & awards

Order

Reasons

How much is owed for rent and water usage?

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 usage?

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