What was Tenancy Tribunal case 4758857 about?

The tribunal order states: Zhenzhen Yuan must pay [The landlord/s] $2,606.26 immediately, calculated as

How much money was awarded in case 4758857?

Filing Fee: $2,585.82 awarded to landlord; Filing Fee: $20.44 awarded to landlord

What type of tenancy dispute was case 4758857?

The dispute type was not classified.

Where can I read the official tribunal order for case 4758857?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/10168606-Tribunal_Order_Redacted.pdf.

What was Tenancy Tribunal case 4758857 about?

The tribunal order states: Zhenzhen Yuan must pay [The landlord/s] $2,606.26 immediately, calculated as

How much money was awarded in case 4758857?

Filing Fee: $2,585.82 awarded to landlord; Filing Fee: $20.44 awarded to landlord

What type of tenancy dispute was case 4758857?

The dispute type was not classified.

Where can I read the official tribunal order for case 4758857?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/10168606-Tribunal_Order_Redacted.pdf.

20A Steeple Rise, Pakuranga, Auckland 2010 Tenancy Tribunal Case 4758857 — Tenancy dispute

Reasons

Claims and awards in Tenancy Tribunal application 4758857 — net $2,606.26 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent, water, filing fees, balance of agreed repair costs	$2,585.82	Rent, water, filing fees, balance of agreed repair costs
Filing fee reimbursement	$20.44	Filing fee reimbursement
Net award	$2,606.26
Total payable by Tenant to Landlord	$2,606.26

The landlord attended the hearing on 4 April 2024. The tenant was represented by the former property manager, [The previous property manager], and did not attend.

According to the tenancy agreement provided, the tenancy ran from 22 January 2017 to 23 February 2023. I understood the tenancy started about 5 years earlier but was managed by different property managers.

At the end of the tenancy there was damage to the premises and the landlord also decided to renovate the bathrooms and other areas and repaint the full interior.

On 7 December 2023, the landlord applied to the Tribunal for repair costs to wallpaper in the kitchen, dining room and lounge, and for repairs to bedroom and bathroom doors.

During the tenancy, the property manager was [The previous property manager]. In late February or early March 2023, he apportioned the cost of renovations and repairs between the landlord and the tenant. A ledger entry showed that $3,000.00 had been apportioned to the tenant for repairs. The overall renovation costs were approximately $10,000.00 plus repainting the house for $13,570.00.

In addition to the repair costs, the tenant owed the landlord $953.40 for rent and $235.54 for water charges at the end of the tenancy on 23 February 2023 (a total of $1,188.94).

The property manager discussed the apportionment with the tenant who started making payments from about 4 May 2023. The tenant paid a total of $1,300.00 with the final payment on 2 November 2023.

In an email on 1 December 2023, the landlord said the tenant still owed $2,493.12. In reply, the tenant referred to new legislation which took effect from 27 August 2019, limiting the liability of tenants for carelessly caused damage to 4 weeks’ rent.

Where a tenant carelessly causes damage that is not covered by the landlord's insurance, or there is no insurance, the tenant's liability is limited to 4 weeks' rent (section 49B(3) of the Residential Tenancies Act 1986 (the Act)). The weekly rent was $665.00. On this basis, the maximum recovery from the tenant for careless damage would be $2,660.00.

The landlord submitted that he should be able to rely on the property manager’s advice and the agreement reached with the tenant. These were both legally binding. In my view, while acknowledging that there is probably a contract between the landlord and the tenant for payment of the repairs, to the extent the contract excludes, modifies, or restricts the operation of the Act, it is unenforceable (sections 11(1), 49A and 49D of the Act).

At this distance, in terms of time and what is known about the damage caused by the tenant, I find it is appropriate to limit the landlord’s recovery for repairs to $2,660.00 (4 weeks’ rent). The tenant has not said there is no liability for repair costs, only that the amount payable given legislative changes needed to be clarified.

I calculate the amount owing to the landlord by the tenant as follows: $1,188.94Rent and water (after deduction of bond) $2,660.00Repairs (4x weekly rent) $40.88Filing fees for previous Tribunal applications $3,885.82Sub-total ($1,300.00)Less: payments $2,585.82Amount still owed. Filing fee and name suppression

The landlord has been partly successful. I award the filing fee.

I also grant the landlord suppression, as requested in the application form.

Claims and awards in Tenancy Tribunal application 4758857 — net $2,606.26 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent, water, filing fees, balance of agreed repair costs	$2,585.82	Rent, water, filing fees, balance of agreed repair costs
Filing fee reimbursement	$20.44	Filing fee reimbursement
Net award	$2,606.26
Total payable by Tenant to Landlord	$2,606.26

Order

Zhenzhen Yuan must pay [The landlord/s] $2,606.26 immediately, calculated as shown in the table below:

Reasons

The landlord attended the hearing on 4 April 2024. The tenant was represented by the former property manager, [The previous property manager], and did not attend.
According to the tenancy agreement provided, the tenancy ran from 22 January 2017 to 23 February 2023. I understood the tenancy started about 5 years earlier but was managed by different property managers.
At the end of the tenancy there was damage to the premises and the landlord also decided to renovate the bathrooms and other areas and repaint the full interior.
On 7 December 2023, the landlord applied to the Tribunal for repair costs to wallpaper in the kitchen, dining room and lounge, and for repairs to bedroom and bathroom doors.
During the tenancy, the property manager was [The previous property manager]. In late February or early March 2023, he apportioned the cost of renovations and repairs between the landlord and the tenant. A ledger entry showed that $3,000.00 had been apportioned to the tenant for repairs. The overall renovation costs were approximately $10,000.00 plus repainting the house for $13,570.00.
In addition to the repair costs, the tenant owed the landlord $953.40 for rent and $235.54 for water charges at the end of the tenancy on 23 February 2023 (a total of $1,188.94).
The property manager discussed the apportionment with the tenant who started making payments from about 4 May 2023. The tenant paid a total of $1,300.00 with the final payment on 2 November 2023.
In an email on 1 December 2023, the landlord said the tenant still owed $2,493.12. In reply, the tenant referred to new legislation which took effect from 27 August 2019, limiting the liability of tenants for carelessly caused damage to 4 weeks’ rent.
Where a tenant carelessly causes damage that is not covered by the landlord's insurance, or there is no insurance, the tenant's liability is limited to 4 weeks' rent (section 49B(3) of the Residential Tenancies Act 1986 (the Act)). The weekly rent was $665.00. On this basis, the maximum recovery from the tenant for careless damage would be $2,660.00.
The landlord submitted that he should be able to rely on the property manager’s advice and the agreement reached with the tenant. These were both legally binding. In my view, while acknowledging that there is probably a contract between the landlord and the tenant for payment of the repairs, to the extent the contract excludes, modifies, or restricts the operation of the Act, it is unenforceable (sections 11(1), 49A and 49D of the Act).
At this distance, in terms of time and what is known about the damage caused by the tenant, I find it is appropriate to limit the landlord’s recovery for repairs to $2,660.00 (4 weeks’ rent). The tenant has not said there is no liability for repair costs, only that the amount payable given legislative changes needed to be clarified.
I calculate the amount owing to the landlord by the tenant as follows: $1,188.94Rent and water (after deduction of bond) $2,660.00Repairs (4x weekly rent) $40.88Filing fees for previous Tribunal applications $3,885.82Sub-total ($1,300.00)Less: payments $2,585.82Amount still owed. Filing fee and name suppression
The landlord has been partly successful. I award the filing fee.
I also grant the landlord suppression, as requested in the application form.

Tenancy Tribunal case 4758857 — Tenancy dispute at 20A Steeple Rise, Pakuranga, Auckland 2010

At a glance

Tenancy Tribunal case 4758857 — Tenancy dispute at 20A Steeple Rise, Pakuranga, Auckland 2010

At a glance

Award balance

Claims & awards

Order

Reasons

Topics & place

Residential Tenancies Act sections

Key findings

Frequently asked questions

Award balance

Claims & awards

Order

Reasons

Topics & place

Residential Tenancies Act sections

Key findings

Frequently asked questions