What was the outcome of Tenancy Tribunal case 4747251?

The tribunal order states: Nellyana Siufaga must pay Pro Edge Property Management Limited as Agent

How much money was awarded in case 4747251?

Filing Fee: $20.44 awarded to landlord; Rent Arrears: $2,248.57 awarded to landlord; Property Damage: $500.00 awarded to landlord; Property Damage: $500.00 awarded to landlord; Property Damage: $500.00 awarded to landlord; Property Damage: $500.00 awarded to landlord; Rubbish Removal: $700.00 awarded to landlord; Water Rates: $40.76 awarded to landlord

What type of tenancy dispute was case 4747251?

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

Where can I read the official tribunal order for case 4747251?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/10664199-Tribunal_Order.pdf.

What was the outcome of Tenancy Tribunal case 4747251?

The tribunal order states: Nellyana Siufaga must pay Pro Edge Property Management Limited as Agent

How much money was awarded in case 4747251?

Filing Fee: $20.44 awarded to landlord; Rent Arrears: $2,248.57 awarded to landlord; Property Damage: $500.00 awarded to landlord; Property Damage: $500.00 awarded to landlord; Property Damage: $500.00 awarded to landlord; Property Damage: $500.00 awarded to landlord; Rubbish Removal: $700.00 awarded to landlord; Water Rates: $40.76 awarded to landlord

What type of tenancy dispute was case 4747251?

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

Where can I read the official tribunal order for case 4747251?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/10664199-Tribunal_Order.pdf.

Unit/Flat 3, 43 Trimdon Street, Randwick Park, Auckland Tenancy Tribunal Case 4747251 — Rent arrears

Order

Claims and awards in Tenancy Tribunal application 4747251 — net $2,609.77 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears to 27/10/2023	$2,248.57	Rent arrears to 27/10/2023
Water rates to end of tenancy	$40.76	Water rates to end of tenancy
Rubbish removal	$700.00	Rubbish removal
Repairs: lounge insurance excess	$500.00	Repairs: lounge insurance excess
Repairs: kitchen insurance excess	$500.00	Repairs: kitchen insurance excess
Repairs: bedroom 2 insurance excess	$500.00	Repairs: bedroom 2 insurance excess
Repairs: bedroom 3 insurance excess	$500.00	Repairs: bedroom 2 insurance excess
Filing fee reimbursement	$20.44	Filing fee reimbursement
Net award	$2,609.77
Total payable by Tenant to Landlord	$2,609.77

Nellyana Siufaga must pay Pro Edge Property Management Limited as Agent for Nagarajan Natarajan $2,609.77 immediately, calculated as shown in table below.

The Bond Centre is to pay the bond of $2,400.00 (6406664-011) to Pro Edge Property Management Limited as Agent for Nagarajan Natarajan immediately.

Reasons

The property manager, Ms Singh-Kumar, attended the hearing for the applicant landlord. The tenant did not attend the hearing today.

The landlord has applied for rent and water arrears, compensation, refund of the bond, and reimbursement of the filing fee following the end of the tenancy.

The landlord advised today that the claims for compensation for damage have been reduced by the landlord as insurance have approved their claim to remedy damage and therefore the claim is amended to seek rubbish removal costs and $500 per room for five rooms being the insurance excess in respect of the lounge, kitchen, bedroom 1, bedroom 2 and bedroom 3.

How much is owed for rent and water rates?

The tenancy ended on 27 October 2023. The landlord provided rent records and water rates invoices which prove the amounts owing at the end of the tenancy as ordered in the table in order 2 above.

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 has withdrawn the claim for lawnmowing and cleaning costs but seeks the sum of $700.00 for rubbish removal.

The landlord provided photographs of extensive rubbish left at the premises at the end of the tenancy and a copy of an invoice for $700.00 for bin hire. I am satisfied that the landlord has proved the claim on the balance of probabilities and the amount is ordered as sought.

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.

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.

The following damage was caused during the tenancy: (a) Lounge – the sliding door glass and a window were broken and there was damage to the wall paintwork including a hole. (b) Kitchen – there was damage to the tiled floor, damage to the stove and damage to the cupboards. (c) Bedroom 1 – the landlord withdrew this claim at the hearing as the evidence showed that the room required cleaning, but the landlord did not seek cleaning costs (d) Bedroom 2 – there was extensive damage to the paintwork on the walls. (e) Bedroom 3 – there was damage to the paintwork on the walls and to the blinds.

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

The amounts ordered are proved. The landlord provided a copy of the entry inspection with photographs and the exit inspection with photographs, a copy of a quote for the repair work and proof that the landlord has insurance. The property manager advised that insurance has approved the claim and the excess of $500.00 per room is sought. The insurance excess ordered is less than four weeks rent and less than the cost of the repair.

Because Pro Edge Property Management Limited as Agent for Nagarajan Natarajan has wholly succeeded with the claim I must reimburse the filing fee.

Claims and awards in Tenancy Tribunal application 4747251 — net $2,609.77 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears to 27/10/2023	$2,248.57	Rent arrears to 27/10/2023
Water rates to end of tenancy	$40.76	Water rates to end of tenancy
Rubbish removal	$700.00	Rubbish removal
Repairs: lounge insurance excess	$500.00	Repairs: lounge insurance excess
Repairs: kitchen insurance excess	$500.00	Repairs: kitchen insurance excess
Repairs: bedroom 2 insurance excess	$500.00	Repairs: bedroom 2 insurance excess
Repairs: bedroom 3 insurance excess	$500.00	Repairs: bedroom 2 insurance excess
Filing fee reimbursement	$20.44	Filing fee reimbursement
Net award	$2,609.77
Total payable by Tenant to Landlord	$2,609.77

Order

Nellyana Siufaga must pay Pro Edge Property Management Limited as Agent for Nagarajan Natarajan $2,609.77 immediately, calculated as shown in table below.
The Bond Centre is to pay the bond of $2,400.00 (6406664-011) to Pro Edge Property Management Limited as Agent for Nagarajan Natarajan immediately.

Reasons

The property manager, Ms Singh-Kumar, attended the hearing for the applicant landlord. The tenant did not attend the hearing today.
The landlord has applied for rent and water arrears, compensation, refund of the bond, and reimbursement of the filing fee following the end of the tenancy.
The landlord advised today that the claims for compensation for damage have been reduced by the landlord as insurance have approved their claim to remedy damage and therefore the claim is amended to seek rubbish removal costs and $500 per room for five rooms being the insurance excess in respect of the lounge, kitchen, bedroom 1, bedroom 2 and bedroom 3.

How much is owed for rent and water rates?

The tenancy ended on 27 October 2023. The landlord provided rent records and water rates invoices which prove the amounts owing at the end of the tenancy as ordered in the table in order 2 above.

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 has withdrawn the claim for lawnmowing and cleaning costs but seeks the sum of $700.00 for rubbish removal.
The landlord provided photographs of extensive rubbish left at the premises at the end of the tenancy and a copy of an invoice for $700.00 for bin hire. I am satisfied that the landlord has proved the claim on the balance of probabilities and the amount is ordered as sought.

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.
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.
The following damage was caused during the tenancy: (a) Lounge – the sliding door glass and a window were broken and there was damage to the wall paintwork including a hole. (b) Kitchen – there was damage to the tiled floor, damage to the stove and damage to the cupboards. (c) Bedroom 1 – the landlord withdrew this claim at the hearing as the evidence showed that the room required cleaning, but the landlord did not seek cleaning costs (d) Bedroom 2 – there was extensive damage to the paintwork on the walls. (e) Bedroom 3 – there was damage to the paintwork on the walls and to the blinds.
The damage is more than fair wear and tear, and the tenant has not disproved liability for the damage.
The amounts ordered are proved. The landlord provided a copy of the entry inspection with photographs and the exit inspection with photographs, a copy of a quote for the repair work and proof that the landlord has insurance. The property manager advised that insurance has approved the claim and the excess of $500.00 per room is sought. The insurance excess ordered is less than four weeks rent and less than the cost of the repair.
Because Pro Edge Property Management Limited as Agent for Nagarajan Natarajan has wholly succeeded with the claim I must reimburse the filing fee.

Tenancy Tribunal case 4747251 — Rent arrears at Unit/Flat 3, 43 Trimdon Street, Randwick Park, Auckland

At a glance

Tenancy Tribunal case 4747251 — Rent arrears at Unit/Flat 3, 43 Trimdon Street, Randwick Park, Auckland

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