What was the outcome of Tenancy Tribunal case 4743509?

The tribunal order states: Jason McCall must pay Buy West Property Management T/A Ray White Te

How much money was awarded in case 4743509?

Filing Fee: $20.44 awarded to landlord; Property Damage: $747.50 awarded to landlord; Rent Arrears: $1,880.00 awarded to landlord; Water Rates: $568.87 awarded to landlord

What type of tenancy dispute was case 4743509?

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

Where can I read the official tribunal order for case 4743509?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/10279212-Tenancy_Tribunal_Order.pdf.

What was the outcome of Tenancy Tribunal case 4743509?

The tribunal order states: Jason McCall must pay Buy West Property Management T/A Ray White Te

How much money was awarded in case 4743509?

Filing Fee: $20.44 awarded to landlord; Property Damage: $747.50 awarded to landlord; Rent Arrears: $1,880.00 awarded to landlord; Water Rates: $568.87 awarded to landlord

What type of tenancy dispute was case 4743509?

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

Where can I read the official tribunal order for case 4743509?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/10279212-Tenancy_Tribunal_Order.pdf.

71 Rising Parade, Fairview Heights, Auckland 0632 Tenancy Tribunal Case 4743509 — Rent arrears

Order

Claims and awards in Tenancy Tribunal application 4743509 — net $3,216.81 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears to 22.9.23	$1,880.00	Rent arrears to 22.9.23
Water rates	$568.87	Water rates
Wall repairs	$747.50	Wall repairs
Filing fee reimbursement	$20.44	Filing fee reimbursement
Net award	$3,216.81
Bond	$3,760.00
Total payable by Tenant to Landlord	$3,216.81

Jason McCall must pay Buy West Property Management T/A Ray White Te Atatu As Agent For Huixian Ma $3,216.81 from the bond, calculated as shown in table below.

The Bond Centre is to pay the bond of $3,760.00 (5938857-006) immediately apportioned as follows: Buy West Property Management T/A Ray White Te Atatu As Agent For Huixian Ma: $3,216.81 Jason McCall: $543.19

Reasons

The landlord attended the hearing. There was no appearance by the tenant.

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 22 September 2023. The landlord provided rent records and water rates invoices which prove the amount owing at the end of the tenancy. Having sighted this evidence I am satisfied that the tenant is responsible for these outstanding amounts.

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 landlord claims that they had to have a locksmith change the electronic front door code at the conclusion of the tenancy. In my view this is a cost of doing business which a landlord should absorb. It is one thing if a tenant does not return keys but another if it is job involving an electronic door code which the landlord should know how to change themselves. There is also no provision in the Tenancy Agreement which confirms that the tenant shall be responsible for this cost. It is not the fault of the tenant if the landlord does not know how to change the code.

Accordingly, the landlord’s claim for the locksmith is dismissed.

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 landlord says that they needed to repair and repaint several walls which had been damaged by the tenant. The landlord stated that some damage was caused by TV brackets attached to the wall. The tenant attempted to repair the walls however this was not done to an acceptable standard. The landlord had to arrange for a professional painter to repair and repaint where required.

The landlord provided photographic evidence of the walls, along with an invoice from Neverland Group dated 19 October 2023. The amount claimed is reasonable based on the evidence filed in support of the application.

The amounts ordered are proved.

Because Buy West Property Management T/A Ray White Te Atatu As Agent For Huixian Ma has substantially succeeded with the claim I have reimbursed the filing fee.

Claims and awards in Tenancy Tribunal application 4743509 — net $3,216.81 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears to 22.9.23	$1,880.00	Rent arrears to 22.9.23
Water rates	$568.87	Water rates
Wall repairs	$747.50	Wall repairs
Filing fee reimbursement	$20.44	Filing fee reimbursement
Net award	$3,216.81
Bond	$3,760.00
Total payable by Tenant to Landlord	$3,216.81

Order

Jason McCall must pay Buy West Property Management T/A Ray White Te Atatu As Agent For Huixian Ma $3,216.81 from the bond, calculated as shown in table below.
The Bond Centre is to pay the bond of $3,760.00 (5938857-006) immediately apportioned as follows: Buy West Property Management T/A Ray White Te Atatu As Agent For Huixian Ma: $3,216.81 Jason McCall: $543.19

Reasons

The landlord attended the hearing. There was no appearance by the tenant.
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 22 September 2023. The landlord provided rent records and water rates invoices which prove the amount owing at the end of the tenancy. Having sighted this evidence I am satisfied that the tenant is responsible for these outstanding amounts.

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 landlord claims that they had to have a locksmith change the electronic front door code at the conclusion of the tenancy. In my view this is a cost of doing business which a landlord should absorb. It is one thing if a tenant does not return keys but another if it is job involving an electronic door code which the landlord should know how to change themselves. There is also no provision in the Tenancy Agreement which confirms that the tenant shall be responsible for this cost. It is not the fault of the tenant if the landlord does not know how to change the code.
Accordingly, the landlord’s claim for the locksmith is dismissed.

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 landlord says that they needed to repair and repaint several walls which had been damaged by the tenant. The landlord stated that some damage was caused by TV brackets attached to the wall. The tenant attempted to repair the walls however this was not done to an acceptable standard. The landlord had to arrange for a professional painter to repair and repaint where required.
The landlord provided photographic evidence of the walls, along with an invoice from Neverland Group dated 19 October 2023. The amount claimed is reasonable based on the evidence filed in support of the application.
The amounts ordered are proved.
Because Buy West Property Management T/A Ray White Te Atatu As Agent For Huixian Ma has substantially succeeded with the claim I have reimbursed the filing fee.

Tenancy Tribunal case 4743509 — Rent arrears at 71 Rising Parade, Fairview Heights, Auckland 0632

At a glance

Tenancy Tribunal case 4743509 — Rent arrears at 71 Rising Parade, Fairview Heights, Auckland 0632

At a glance

Award balance

Claims & awards

Dismissed claims

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

Dismissed claims

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