What was the outcome of Tenancy Tribunal case 4770901?

The tribunal order states: Joel Mayo, Cristopher Reyes, Dominic Delo Apelo and Allan Navales Liberato

How much money was awarded in case 4770901?

Filing Fee: $20.44 awarded to landlord; Keys - Internal: $23.00 awarded to landlord; Property Damage: $333.50 awarded to landlord; Property Damage: $667.00 awarded to landlord; Rent Arrears: $6,370.00 awarded to landlord; Rubbish Removal: $862.50 awarded to landlord; Rubbish Removal: $392.00 awarded to landlord; Water Rates: $278.80 awarded to landlord

What type of tenancy dispute was case 4770901?

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

Where can I read the official tribunal order for case 4770901?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/10332860-Tenancy_Tribunal_Order.pdf.

What was the outcome of Tenancy Tribunal case 4770901?

The tribunal order states: Joel Mayo, Cristopher Reyes, Dominic Delo Apelo and Allan Navales Liberato

How much money was awarded in case 4770901?

Filing Fee: $20.44 awarded to landlord; Keys - Internal: $23.00 awarded to landlord; Property Damage: $333.50 awarded to landlord; Property Damage: $667.00 awarded to landlord; Rent Arrears: $6,370.00 awarded to landlord; Rubbish Removal: $862.50 awarded to landlord; Rubbish Removal: $392.00 awarded to landlord; Water Rates: $278.80 awarded to landlord

What type of tenancy dispute was case 4770901?

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

Where can I read the official tribunal order for case 4770901?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/10332860-Tenancy_Tribunal_Order.pdf.

36 Princes Street, Otahuhu, Auckland 1062 Tenancy Tribunal Case 4770901 — Rent arrears

Reasons

Claims and awards in Tenancy Tribunal application 4770901 — net $6,347.24 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears to 30.1.2024	$6,370.00	Rent arrears to 30.1.2024
Water rates	$278.80	Water rates
Cleaning and rubbish removal (labour	$862.50	Cleaning and rubbish removal (labour
Rubbish removal: skip bin hire	$392.00	Rubbish removal: skip bin hire
Lock/key replacement	$333.50	Lock/key replacement
Keys - internal	$23.00	Keys - internal
Repairs to bedroom wall	$667.00	Repairs to bedroom wall
Filing fee reimbursement	$20.44	Filing fee reimbursement
Net award	$6,347.24
Total payable by Tenant to Landlord	$6,347.24

Only the landlord, represented by Ms Jiang, attended the hearing. There was no appearance by the tenants at the scheduled time. The start of the hearing was delayed, however, the tenants still did not attend. As the tenants had been notified, the hearing proceeded in their absence.

This tenancy began on 26 June 2021 and came to an end on 30 January 2024, following an order of the Tribunal terminating the tenancy on the basis that the premises had been abandoned.

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

How much is owed for rent and water rates?

The landlord provided rent records and water rates invoices which prove the amount owing at the end of the tenancy on 30 January 2024.

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) of the Residential Tenancies Act 1986 (the RTA).

The landlord has established, with photographic evidence, that the tenants did not leave the premises reasonably clean and tidy, and did not remove all rubbish. Invoices for the cleaning and rubbish removal costs have been produced.

The tenants did not return the keys, so the landlord incurred costs to change the locks and keys. Two internal keys were also missing. The relevant invoice has been provided.

The amounts ordered are proved. General principles regarding responsibility for damage

The landlord claims compensation for damage. To be successful, 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 of the RTA.

Where the damage is careless, and occurs after 27 August 2019, section 49B RTA applies.

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) of the 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) of the 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) of the RTA.

In this case the landlord is insured for tenant damage and advises that the excess is $1,150.00. The rent for the premises is $680.00 per week.

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.

Are the tenants responsible for the damage to the premises?

From the photographic, oral, and documentary evidence produced by the landlord (including an invoice for repairs), I am satisfied that the damage to the bedroom wall was caused during the tenancy.

This damage is more than fair wear and tear, and the tenants have not disproved liability for the damage.

The amount ordered for the cost of the wall repair is 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. Filing fee

Because the landlord has been successful, the tenants are to pay the landlord’s filing fee.

Claims and awards in Tenancy Tribunal application 4770901 — net $6,347.24 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears to 30.1.2024	$6,370.00	Rent arrears to 30.1.2024
Water rates	$278.80	Water rates
Cleaning and rubbish removal (labour	$862.50	Cleaning and rubbish removal (labour
Rubbish removal: skip bin hire	$392.00	Rubbish removal: skip bin hire
Lock/key replacement	$333.50	Lock/key replacement
Keys - internal	$23.00	Keys - internal
Repairs to bedroom wall	$667.00	Repairs to bedroom wall
Filing fee reimbursement	$20.44	Filing fee reimbursement
Net award	$6,347.24
Total payable by Tenant to Landlord	$6,347.24

Order

Joel Mayo, Cristopher Reyes, Dominic Delo Apelo and Allan Navales Liberato must pay Sunrise Trust $6,347.24 immediately, calculated as shown in the table below.
The Bond Centre is to pay the bond of $2,600.00 (5725181-006) to Sunrise Trust immediately.

Reasons

Only the landlord, represented by Ms Jiang, attended the hearing. There was no appearance by the tenants at the scheduled time. The start of the hearing was delayed, however, the tenants still did not attend. As the tenants had been notified, the hearing proceeded in their absence.
This tenancy began on 26 June 2021 and came to an end on 30 January 2024, following an order of the Tribunal terminating the tenancy on the basis that the premises had been abandoned.
The landlord has applied for rent arrears, compensation, payment from the bond, and reimbursement of the filing fee following the end of the tenancy.

How much is owed for rent and water rates?

The landlord provided rent records and water rates invoices which prove the amount owing at the end of the tenancy on 30 January 2024.

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) of the Residential Tenancies Act 1986 (the RTA).
The landlord has established, with photographic evidence, that the tenants did not leave the premises reasonably clean and tidy, and did not remove all rubbish. Invoices for the cleaning and rubbish removal costs have been produced.
The tenants did not return the keys, so the landlord incurred costs to change the locks and keys. Two internal keys were also missing. The relevant invoice has been provided.
The amounts ordered are proved. General principles regarding responsibility for damage
The landlord claims compensation for damage. To be successful, 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 of the RTA.
Where the damage is careless, and occurs after 27 August 2019, section 49B RTA applies.
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) of the 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) of the 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) of the RTA.
In this case the landlord is insured for tenant damage and advises that the excess is $1,150.00. The rent for the premises is $680.00 per week.
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.

Are the tenants responsible for the damage to the premises?

From the photographic, oral, and documentary evidence produced by the landlord (including an invoice for repairs), I am satisfied that the damage to the bedroom wall was caused during the tenancy.
This damage is more than fair wear and tear, and the tenants have not disproved liability for the damage.
The amount ordered for the cost of the wall repair is 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. Filing fee
Because the landlord has been successful, the tenants are to pay the landlord’s filing fee.

Tenancy Tribunal case 4770901 — Rent arrears at 36 Princes Street, Otahuhu, Auckland 1062

At a glance

Tenancy Tribunal case 4770901 — Rent arrears at 36 Princes Street, Otahuhu, Auckland 1062

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?

Are the tenants 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?

Are the tenants responsible for the damage to the premises?

Topics & place

Residential Tenancies Act sections

Key findings

Property management

Frequently asked questions