What was the outcome of Tenancy Tribunal case 4773684?

The tribunal order states: Wanda Tang and Christopher Mavi Togiatomai must pay Best in The Bays

How much money was awarded in case 4773684?

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 4773684?

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

Where can I read the official tribunal order for case 4773684?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/10333062-Tenancy_Tribunal_Order.pdf.

What was the outcome of Tenancy Tribunal case 4773684?

The tribunal order states: Wanda Tang and Christopher Mavi Togiatomai must pay Best in The Bays

How much money was awarded in case 4773684?

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 4773684?

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

Where can I read the official tribunal order for case 4773684?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/10333062-Tenancy_Tribunal_Order.pdf.

5 Potiki Place, Glen Innes, Auckland 1072 Tenancy Tribunal Case 4773684 — Rent arrears

Order

Wanda Tang and Christopher Mavi Togiatomai must pay Best in The Bays Limited T/As Ray White Best Property Management as Agent for Siga Wong, Andrew Wong and Keith Harvey as Trustees of Siga Family Trust $1,027.07 immediately, calculated as shown in table below. DescriptionLandlord Rent arrears$1,400.78 Water rates$212.72 Locks$332.13 Repairs: cooktop$948.00 Lawns and Garden work$713.00 Filing fee reimbursement$20.44 Total award$3,627.07 Bond-$2,600.00 Total payable by Tenant to Landlord$1,027.07
The Bond Centre is to pay the bond of $2,600.00 (3514054-011) to Best in The Bays Limited T/As Ray White Best Property Management as Agent for Siga Wong, Andrew Wong and Keith Harvey as Trustees of Siga Family Trust immediately.

Reasons

Only the landlord attended the hearing.
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 20 November 2023. The landlord provided rent records and water rates invoices which prove the amount owing at the end of the tenancy.
The amounts ordered are proved.

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 exterior of the premises reasonably clean and tidy, and did not attend to lawns or gardening.
The tenant did not return the keys.
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.
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.
Where the damage is careless and is not covered by the landlord's insurance, the tenant's liability is limited to four weeks' rent. Where insurance money is irrecoverable because of the tenant's conduct, the property is treated as if it is not insured against the damage.
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.
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 following damage was caused during the tenancy: a. Broken windows. b. Stained carpet. c. Cracked cooktop.
In relation to the cooktop, I am satisfied the damage is more than fair wear and tear, and the tenant has not disproved liability for the damage.
The amounts ordered are proved.
In relation to the winders and carpet, there is insufficient evidence to prove the damage or to prove that it occurred during the tenancy. Those portions of the application are dismissed.
Because Best in The Bays Limited T/As Ray White Best Property Management as Agent for Siga Wong, Andrew Wong and Keith Harvey as Trustees of Siga Family Trust has substantially succeeded with the claim I have reimbursed the filing fee.

Order

Wanda Tang and Christopher Mavi Togiatomai must pay Best in The Bays Limited T/As Ray White Best Property Management as Agent for Siga Wong, Andrew Wong and Keith Harvey as Trustees of Siga Family Trust $1,027.07 immediately, calculated as shown in table below. DescriptionLandlord Rent arrears$1,400.78 Water rates$212.72 Locks$332.13 Repairs: cooktop$948.00 Lawns and Garden work$713.00 Filing fee reimbursement$20.44 Total award$3,627.07 Bond-$2,600.00 Total payable by Tenant to Landlord$1,027.07
The Bond Centre is to pay the bond of $2,600.00 (3514054-011) to Best in The Bays Limited T/As Ray White Best Property Management as Agent for Siga Wong, Andrew Wong and Keith Harvey as Trustees of Siga Family Trust immediately.

Reasons

Only the landlord attended the hearing.
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 20 November 2023. The landlord provided rent records and water rates invoices which prove the amount owing at the end of the tenancy.
The amounts ordered are proved.

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 exterior of the premises reasonably clean and tidy, and did not attend to lawns or gardening.
The tenant did not return the keys.
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.
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.
Where the damage is careless and is not covered by the landlord's insurance, the tenant's liability is limited to four weeks' rent. Where insurance money is irrecoverable because of the tenant's conduct, the property is treated as if it is not insured against the damage.
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.
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 following damage was caused during the tenancy: a. Broken windows. b. Stained carpet. c. Cracked cooktop.
In relation to the cooktop, I am satisfied the damage is more than fair wear and tear, and the tenant has not disproved liability for the damage.
The amounts ordered are proved.
In relation to the winders and carpet, there is insufficient evidence to prove the damage or to prove that it occurred during the tenancy. Those portions of the application are dismissed.
Because Best in The Bays Limited T/As Ray White Best Property Management as Agent for Siga Wong, Andrew Wong and Keith Harvey as Trustees of Siga Family Trust has substantially succeeded with the claim I have reimbursed the filing fee.

Tenancy Tribunal case 4773684 — Rent arrears at 5 Potiki Place, Glen Innes, Auckland 1072

Tenancy Tribunal case 4773684 — Rent arrears at 5 Potiki Place, Glen Innes, Auckland 1072

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?

Property management

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?

Property management