How much money was awarded in case 4780438?

Filing Fee: $20.44 awarded to landlord; Rent Arrears: $2,970.00 awarded to landlord; (Plumbing due to sewerage pump block…: $546.25 awarded to landlord; Water Rates: $463.39 awarded to landlord

What type of tenancy dispute was case 4780438?

The primary dispute was Rent arrears. Related themes: Leaks.

Where can I read the official tribunal order for case 4780438?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/9973702-Tenancy_Tribunal_Order.pdf.

How much money was awarded in case 4780438?

Filing Fee: $20.44 awarded to landlord; Rent Arrears: $2,970.00 awarded to landlord; (Plumbing due to sewerage pump block…: $546.25 awarded to landlord; Water Rates: $463.39 awarded to landlord

What type of tenancy dispute was case 4780438?

The primary dispute was Rent arrears. Related themes: Leaks.

Where can I read the official tribunal order for case 4780438?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/9973702-Tenancy_Tribunal_Order.pdf.

9 Carillon Place, Massey, Auckland 0614 Tenancy Tribunal Case 4780438 — Rent arrears

Q: What was the outcome of Tenancy Tribunal case 4780438?

The tribunal order states: The tenancy of Faauuga Tautalafua and Sulufaiga Taivai at 9 Carillon Place,

Order

Claims and awards in Tenancy Tribunal application 4780438 — net $1,880.08 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears (to 17 February 2024	$2,970.00	Rent arrears (to 17 February 2024
Water rates: (to 31 January 2024	$463.39	2. The landlord has applied for termination of the tenancy, rent and water arrears, compensation, refund of the bond and reimbursement of the filing fee.
Repairs: (Plumbing due to sewerage pump blockage x3	$546.25	Repairs: (Plumbing due to sewerage pump blockage x3
Filing fee reimbursement	$20.44	Filing fee reimbursement
Net award	$1,880.08
Total payable by Tenant to Landlord	$1,880.08

The tenancy of Faauuga Tautalafua and Sulufaiga Taivai at 9 Carillon Place, Massey, Auckland 0614 is terminated, and possession is granted to Goodwin Realty Limited Acting Agent For Siwei (David) Luo, at 11:59pm on Monday 19 February 2024.

The Bond Centre is to pay the bond of $2,120.00 (5754360-009) to Goodwin Realty Limited Acting Agent For Siwei (David) Luo immediately.

Faauuga Tautalafua and Sulufaiga Taivai must pay Goodwin Realty Limited Acting Agent For Siwei (David) Luo $1,880.08 immediately, calculated as shown in the table below:

Faauuga Tautalafua and Sulufaiga Taivai must pay Goodwin Realty Limited Acting Agent For Siwei (David) Luo $1,880.08 immediately, calculated as shown in the table below.

Reasons

Both parties attended the hearing.

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

What are the rent and water rate arrears?

Rent was at least 21 days in arrears on the date the application was filed. The rent was still more than 21 days in arrears as at the date of the hearing. The tenancy is terminated. See section 55(1)(a) Residential Tenancies Act 1986.

The landlord provided rent records which prove the amount owing at the end of the tenancy.

The landlord also provided water rates bills that cover the period to 31 January 2024, which prove the amount owing at the end of the tenancy.

Is the tenant responsible for the plumbing costs incurred by the landlord?

The landlord sought reimbursement of the $546.25 to clear and repair a blocked sewage pump that was blocked and broken when the tenant’s children pushed a toilet freshener container into the toilet that went through the pipes and blocked/damaged the sewage pump and stopped water being pumped to the premises.

The landlord argued that the damage was caused by the tenant’s careless acts/omission in failing to adequately supervise their children so that they did not continue to engage in actions that it was reasonably foreseeable would cause damage to the sewage pump. The children’s actions resulted in three plumber call outs, on 12, 21 and 27 December 2023, being necessary to unblock and fix the damaged sewage pump.

The tenant argued the damage caused was not foreseeable and was an accident for which she should not be held liable and that there was only ever one toilet freshener container flushed down the toilet by the children and that the plumber should have fixed it on the first call out.

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 careless, and occurs after 27 August 2019, section 49B RTA applies. If the landlord becomes aware of the damage after 27 August, the damage is presumed to have occurred after that date unless the tenant proves otherwise.

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.

After considering all the information provided by the parties, I find that the damage to the sewage pump was caused by the carelessness of the tenant in not supervising her children and that the children placing a toilet freshener container down the toilet was not an accident, and for which she is liable. The tenant’s careless action led to the direct loss of $546.25 to the landlord, which is not recoverable by its insurance. I am satisfied that given the age and condition of the sewage pump. This amount returns the landlord to the position it would have been in but for the careless action that caused the loss.

The amount ordered has been proven by receipts from the plumbing contractors that undertook the repairs. Possession date

The landlord has sought immediate possession, which has been granted.

The landlord has three months (90 days) to enforce the possession order.

Conditional upon the tenant paying the rent in full and on time over the next two weeks, the landlord has agreed not to enforce the possession order or apply for an eviction warrant until Monday 4 March 2024. If the tenant does not pay the next two weeks rent in full and within 2 days of the due dates, the landlord will take immediate steps to enforce the possession order. Reimbursement of filing fee

Because Goodwin Realty Limited Acting Agent For Siwei (David) Luo has wholly succeeded with the claim I must reimburse the filing fee.

Claims and awards in Tenancy Tribunal application 4780438 — net $1,880.08 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears (to 17 February 2024	$2,970.00	Rent arrears (to 17 February 2024
Water rates: (to 31 January 2024	$463.39	2. The landlord has applied for termination of the tenancy, rent and water arrears, compensation, refund of the bond and reimbursement of the filing fee.
Repairs: (Plumbing due to sewerage pump blockage x3	$546.25	Repairs: (Plumbing due to sewerage pump blockage x3
Filing fee reimbursement	$20.44	Filing fee reimbursement
Net award	$1,880.08
Total payable by Tenant to Landlord	$1,880.08

Order

The tenancy of Faauuga Tautalafua and Sulufaiga Taivai at 9 Carillon Place, Massey, Auckland 0614 is terminated, and possession is granted to Goodwin Realty Limited Acting Agent For Siwei (David) Luo, at 11:59pm on Monday 19 February 2024.
The Bond Centre is to pay the bond of $2,120.00 (5754360-009) to Goodwin Realty Limited Acting Agent For Siwei (David) Luo immediately.
Faauuga Tautalafua and Sulufaiga Taivai must pay Goodwin Realty Limited Acting Agent For Siwei (David) Luo $1,880.08 immediately, calculated as shown in the table below:
Faauuga Tautalafua and Sulufaiga Taivai must pay Goodwin Realty Limited Acting Agent For Siwei (David) Luo $1,880.08 immediately, calculated as shown in the table below.

Reasons

Both parties attended the hearing.
The landlord has applied for termination of the tenancy, rent and water arrears, compensation, refund of the bond and reimbursement of the filing fee.

What are the rent and water rate arrears?

Rent was at least 21 days in arrears on the date the application was filed. The rent was still more than 21 days in arrears as at the date of the hearing. The tenancy is terminated. See section 55(1)(a) Residential Tenancies Act 1986.
The landlord provided rent records which prove the amount owing at the end of the tenancy.
The landlord also provided water rates bills that cover the period to 31 January 2024, which prove the amount owing at the end of the tenancy.

Is the tenant responsible for the plumbing costs incurred by the landlord?

The landlord sought reimbursement of the $546.25 to clear and repair a blocked sewage pump that was blocked and broken when the tenant’s children pushed a toilet freshener container into the toilet that went through the pipes and blocked/damaged the sewage pump and stopped water being pumped to the premises.
The landlord argued that the damage was caused by the tenant’s careless acts/omission in failing to adequately supervise their children so that they did not continue to engage in actions that it was reasonably foreseeable would cause damage to the sewage pump. The children’s actions resulted in three plumber call outs, on 12, 21 and 27 December 2023, being necessary to unblock and fix the damaged sewage pump.
The tenant argued the damage caused was not foreseeable and was an accident for which she should not be held liable and that there was only ever one toilet freshener container flushed down the toilet by the children and that the plumber should have fixed it on the first call out.
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 careless, and occurs after 27 August 2019, section 49B RTA applies. If the landlord becomes aware of the damage after 27 August, the damage is presumed to have occurred after that date unless the tenant proves otherwise.
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.
After considering all the information provided by the parties, I find that the damage to the sewage pump was caused by the carelessness of the tenant in not supervising her children and that the children placing a toilet freshener container down the toilet was not an accident, and for which she is liable. The tenant’s careless action led to the direct loss of $546.25 to the landlord, which is not recoverable by its insurance. I am satisfied that given the age and condition of the sewage pump. This amount returns the landlord to the position it would have been in but for the careless action that caused the loss.
The amount ordered has been proven by receipts from the plumbing contractors that undertook the repairs. Possession date
The landlord has sought immediate possession, which has been granted.
The landlord has three months (90 days) to enforce the possession order.
Conditional upon the tenant paying the rent in full and on time over the next two weeks, the landlord has agreed not to enforce the possession order or apply for an eviction warrant until Monday 4 March 2024. If the tenant does not pay the next two weeks rent in full and within 2 days of the due dates, the landlord will take immediate steps to enforce the possession order. Reimbursement of filing fee
Because Goodwin Realty Limited Acting Agent For Siwei (David) Luo has wholly succeeded with the claim I must reimburse the filing fee.

Tenancy Tribunal case 4780438 — Rent arrears at 9 Carillon Place, Massey, Auckland 0614

At a glance

Tenancy Tribunal case 4780438 — Rent arrears at 9 Carillon Place, Massey, Auckland 0614

At a glance

Award balance

Claims & awards

Order

Reasons

What are the rent and water rate arrears?

Is the tenant responsible for the plumbing costs incurred by the landlord?

Topics & place

Residential Tenancies Act sections

Key findings

Property management

Frequently asked questions

Award balance

Claims & awards

Order

Reasons

What are the rent and water rate arrears?

Is the tenant responsible for the plumbing costs incurred by the landlord?

Topics & place

Residential Tenancies Act sections

Key findings

Property management

Frequently asked questions