What was the outcome of Tenancy Tribunal case 4756298?

The tribunal order states: Edward Pokaia must pay Summit Property Management Limited As Agent For

How much money was awarded in case 4756298?

Individual award amounts are in the official MoJ PDF. Claim amounts appear on this page when claims and net totals reconcile.

What type of tenancy dispute was case 4756298?

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

Where can I read the official tribunal order for case 4756298?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/10048672-Tenancy_Tribunal_Order.pdf.

What was the outcome of Tenancy Tribunal case 4756298?

The tribunal order states: Edward Pokaia must pay Summit Property Management Limited As Agent For

How much money was awarded in case 4756298?

Individual award amounts are in the official MoJ PDF. Claim amounts appear on this page when claims and net totals reconcile.

What type of tenancy dispute was case 4756298?

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

Where can I read the official tribunal order for case 4756298?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/10048672-Tenancy_Tribunal_Order.pdf.

22C Parkers Road, Tahunanui, Nelson 7011 Tenancy Tribunal Case 4756298 — Rent arrears

Order

Edward Pokaia must pay Summit Property Management Limited As Agent For Amogan Dowie $3,186.44 immediately, calculated as shown in table below.

Reasons

The landlord attended the hearing, conducted via video. The tenant did not join and a call out was made. The call went unanswered. A second attempt was unsuccessfully made. I was satisfied adequate service had completed and I continued with the hearing after the second call went unanswered.
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?

The tenancy ended on 11 December 2023. The tenant had left before the end after giving the landlord a prior 28-day notice to terminate. The landlord provided rent records which prove the amount owing at the end of the tenancy is as ordered.

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 all of the premises reasonably clean and tidy. The landlord provided photos in support of the effort and invoice. The bulk of the invoiced costs are retained by the owner. $600.00 was sought as compensation for cleaning to a reasonable standard throughout, that being the tenant liability. I am satisfied some areas required further cleaning and the $600.00 tenant share is a reasonable apportionment and it is awarded.
The amounts ordered 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.
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.
Three doors were damaged (holes) during the tenancy. A wall also needed some repair and repainting. The damage is more than fair wear and tear, and the tenant has not disproved liability for the damage.
The landlord provided an invoice for $1,196.00, being the cost of the above repairs.
The amount ordered is proved and awarded.
The bond has already been released to the landlord and that is applied against the debt established in this order.
Because Summit Property Management Limited As Agent For Amogan Dowie has wholly succeeded with the claim I must reimburse the filing fee.

Order

Edward Pokaia must pay Summit Property Management Limited As Agent For Amogan Dowie $3,186.44 immediately, calculated as shown in table below.

Reasons

The landlord attended the hearing, conducted via video. The tenant did not join and a call out was made. The call went unanswered. A second attempt was unsuccessfully made. I was satisfied adequate service had completed and I continued with the hearing after the second call went unanswered.
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?

The tenancy ended on 11 December 2023. The tenant had left before the end after giving the landlord a prior 28-day notice to terminate. The landlord provided rent records which prove the amount owing at the end of the tenancy is as ordered.

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 all of the premises reasonably clean and tidy. The landlord provided photos in support of the effort and invoice. The bulk of the invoiced costs are retained by the owner. $600.00 was sought as compensation for cleaning to a reasonable standard throughout, that being the tenant liability. I am satisfied some areas required further cleaning and the $600.00 tenant share is a reasonable apportionment and it is awarded.
The amounts ordered 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.
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.
Three doors were damaged (holes) during the tenancy. A wall also needed some repair and repainting. The damage is more than fair wear and tear, and the tenant has not disproved liability for the damage.
The landlord provided an invoice for $1,196.00, being the cost of the above repairs.
The amount ordered is proved and awarded.
The bond has already been released to the landlord and that is applied against the debt established in this order.
Because Summit Property Management Limited As Agent For Amogan Dowie has wholly succeeded with the claim I must reimburse the filing fee.

Tenancy Tribunal case 4756298 — Rent arrears at 22C Parkers Road, Tahunanui, Nelson 7011

Tenancy Tribunal case 4756298 — Rent arrears at 22C Parkers Road, Tahunanui, Nelson 7011

Order

Reasons

How much is owed for rent?

Did the tenant comply with their obligations at the end of the tenancy?

Is the tenant responsible for the damage to the premises?

Property management

Order

Reasons

How much is owed for rent?

Did the tenant comply with their obligations at the end of the tenancy?

Is the tenant responsible for the damage to the premises?

Property management