What was the outcome of Tenancy Tribunal case 4783660?

The tribunal order states: Seira Asiata and Alataua Asiata must pay Auckland Property Management

How much money was awarded in case 4783660?

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 4783660?

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

Where can I read the official tribunal order for case 4783660?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/10294945-Tenancy_Tribunal_Order.pdf.

What was the outcome of Tenancy Tribunal case 4783660?

The tribunal order states: Seira Asiata and Alataua Asiata must pay Auckland Property Management

How much money was awarded in case 4783660?

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 4783660?

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

Where can I read the official tribunal order for case 4783660?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/10294945-Tenancy_Tribunal_Order.pdf.

Unit/Flat D417, 176 Broadway, Newmarket, Auckland 1023, Tenancy Tribunal Case 4783660 — Rent arrears

Order

Seira Asiata and Alataua Asiata must pay Auckland Property Management Limited as Agent for Junyong Ren $1,362.86 immediately, calculated as shown in table below. DescriptionLandlord Rent arrears$1,159.29 Water rates: and gas$907.35 Repairs: sink$111.31 Carpet Cleaning$230.00 Lock/key replacement: carpark fob$63.25 Repairs: paint$718.75 Repairs: waste disposal$57.50 BC on-charges - rubbish$230.00 Replace furnishings: couch cover and mattress protectors$144.97 Filing fee reimbursement$20.44 Total award$3,642.86 Bond-$2,280.00 Total payable by Tenant to Landlord$1,362.86
The bond has already been refunded to the landlord, so it is included for transparency, but no orders are required.

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/gas rates?

The tenancy ended on 5 December 2023. The landlord provided rent records and water rates invoices which prove the amount owing at the end of the tenancy.

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 remove all rubbish.
The tenant did not return the carpark key card.
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.
The following damage was caused during the tenancy: a. Damage to the paint. b. Staining to the carpet. c. A blocked sink. d. Damage to the waste disposal unit. e. Staining to the couch. f. Staining to the mattress protectors.
The damage is more than fair wear and tear, and the tenant has not disproved liability for the damage.
The amounts ordered are proved.
Because Auckland Property Management Limited as Agent for Junyong Ren has wholly succeeded with the claim I must reimburse the filing fee.

Order

Seira Asiata and Alataua Asiata must pay Auckland Property Management Limited as Agent for Junyong Ren $1,362.86 immediately, calculated as shown in table below. DescriptionLandlord Rent arrears$1,159.29 Water rates: and gas$907.35 Repairs: sink$111.31 Carpet Cleaning$230.00 Lock/key replacement: carpark fob$63.25 Repairs: paint$718.75 Repairs: waste disposal$57.50 BC on-charges - rubbish$230.00 Replace furnishings: couch cover and mattress protectors$144.97 Filing fee reimbursement$20.44 Total award$3,642.86 Bond-$2,280.00 Total payable by Tenant to Landlord$1,362.86
The bond has already been refunded to the landlord, so it is included for transparency, but no orders are required.

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/gas rates?

The tenancy ended on 5 December 2023. The landlord provided rent records and water rates invoices which prove the amount owing at the end of the tenancy.

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 remove all rubbish.
The tenant did not return the carpark key card.
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.
The following damage was caused during the tenancy: a. Damage to the paint. b. Staining to the carpet. c. A blocked sink. d. Damage to the waste disposal unit. e. Staining to the couch. f. Staining to the mattress protectors.
The damage is more than fair wear and tear, and the tenant has not disproved liability for the damage.
The amounts ordered are proved.
Because Auckland Property Management Limited as Agent for Junyong Ren has wholly succeeded with the claim I must reimburse the filing fee.

Tenancy Tribunal case 4783660 — Rent arrears at Unit/Flat D417, 176 Broadway, Newmarket, Auckland 1023,

Tenancy Tribunal case 4783660 — Rent arrears at Unit/Flat D417, 176 Broadway, Newmarket, Auckland 1023,

Order

Reasons

How much is owed for rent and water/gas 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/gas 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