What was Tenancy Tribunal case 4785597 about?

The tribunal order states: Bronson Siaso Davies and Shane Paul Davies must pay [The landlord/s]

How much money was awarded in case 4785597?

Cleaning: $230.00 awarded to landlord; Eviction Fees: $200.00 awarded to landlord; Filing Fee: $20.44 awarded to landlord; Previous Order Application 4678009 D…: $1,516.47 awarded to landlord; Property Damage: $417.45 awarded to landlord; Property Damage: $138.00 awarded to landlord; Rent Arrears: $2,900.00 awarded to landlord; Rubbish Removal: $1,035.00 awarded to landlord; Skip Bin: $390.00 awarded to landlord; Water Rates: $23.62 awarded to landlord

What type of tenancy dispute was case 4785597?

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

Where can I read the official tribunal order for case 4785597?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/10425583-Tribunal_Order_Redacted.pdf.

What was Tenancy Tribunal case 4785597 about?

The tribunal order states: Bronson Siaso Davies and Shane Paul Davies must pay [The landlord/s]

How much money was awarded in case 4785597?

Cleaning: $230.00 awarded to landlord; Eviction Fees: $200.00 awarded to landlord; Filing Fee: $20.44 awarded to landlord; Previous Order Application 4678009 D…: $1,516.47 awarded to landlord; Property Damage: $417.45 awarded to landlord; Property Damage: $138.00 awarded to landlord; Rent Arrears: $2,900.00 awarded to landlord; Rubbish Removal: $1,035.00 awarded to landlord; Skip Bin: $390.00 awarded to landlord; Water Rates: $23.62 awarded to landlord

What type of tenancy dispute was case 4785597?

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

Where can I read the official tribunal order for case 4785597?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/10425583-Tribunal_Order_Redacted.pdf.

54 Makora Road, Massey, Auckland 0614 Tenancy Tribunal Case 4785597 — Rent arrears

Reasons

Claims and awards in Tenancy Tribunal application 4785597 — net $6,870.98 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears from 26 October 2023 to 22 November 2023	$2,900.00	Rent arrears from 26 October 2023 to 22 November 2023
Previous order application 4678009 dated 20/10/2023	$1,516.47	Previous order application 4678009 dated 20/10/2023
Water rates	$23.62	Water rates
Eviction fees	$200.00	Eviction fees
Lock/key replacement	$417.45	Lock/key replacement
Window repairs	$138.00	Window repairs
Cleaning, lawns and rubbish removal	$1,035.00	Cleaning, lawns and rubbish removal
Carpet cleaning	$230.00	Carpet cleaning
skip bin	$390.00	skip bin
Filing fee reimbursement	$20.44	Filing fee reimbursement
Net award	$6,870.98
Total payable by Tenant to Landlord	$6,870.98

The landlord attended the hearing represented by [property manager]. Shane Davies had made a request to attend by phone as he no longer living in Auckland, and so was connected by phone to the hearing. There was no appearance by Bronson Davies, and an attempt to call him by phone was unsuccessful.

I am satisfied that Bronson Davies has been served with this application and so the hearing proceeded in his absence.

Shane Davies explained that he uses a wheelchair and so lived in the basement of the property for some time, but that he had in fact moved out of Auckland some time before the tenancy ended. He explained that Bronson Davies is his son and that he is very disappointed that the tenancy ended as it did.

Shane Davies accepted that while he may not have been personally responsible for any of the compensation sought by the landlord, he is jointly and severally liable together with Bronson Davies, as they are both named as tenants on the tenancy agreement. I did explain to Shane Davies that if he has any queries or concerns about his liability (as between himself and his son) then he should contact the Citizens Advice Bureau or a Community Law Centre for advice.

In this decision I refer to both parties as “the tenants” for ease of reference but accept that I may in fact be referring to actions that Shane Davies was not personally responsible for.

The landlord has applied for further rent arrears, compensation and reimbursement of the filing fee following the end of the tenancy. Previous order

On 20 October 2023 the Tribunal made an order terminating this tenancy and made orders for payment of rent arrears to 25 October 2023 and water rates. The previous order is incorporated into this order for enforcement purposes.

How much is owed for rent and water rates?

In the previous order made on 20 October 2023 the Tribunal granted possession to the landlord at 11.59pm on Wednesday 25 October 2023. However the property had not been vacated by that date and the landlord was forced to instruct Bailiffs to take back possession which occurred on 13 November 2024. The tenants were given some additional time to leave, the last day of the tenancy being 22 November 2023.

The landlord provided a rent summary showing the additional rental owing from 26 October 2023 to 22 November 2023 (28 days, being $2,900). This amount is proved.

The landlord provided evidence showing that water was owing in the amount of $23.62. This amount is proved.

The landlord also sought the Bailiff fees of $200.00 which are ordered.

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 premises reasonably clean and tidy, and did not remove all rubbish.

The tenant did not return the keys.

The landlord provided both ingoing and outgoing inspection photos showing that the property had been in good condition at the outset but that when the landlord took back possession it had not been cleaned, the carpets had to be cleaned due to the tenant keeping a dog (in breach of the tenancy agreement) the lawns were overgrown and a huge amount of rubbish was left scattered throughout the house and outside.

The landlord produced the following invoices: a. Invoice from S Bros Total Property for cleaning, rubbish removal and lawns in the amount of $1,035.00; b. Invoice from Quick Property Services for carpet cleaning in the amount of $230.00; c. Invoice from Green Gorilla for a skip bin in the amount of $390.00; d. Invoice from Prime Services New Zealand for changing front and door locks in the amount of $417.45.

The landlord has proven that the tenants have not met their obligations at the end of the tenancy. The amounts claimed are reasonable and supported by invoices. I order payment by the tenants accordingly.

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.

The landlord produced photos showing that one of the bedroom windows was broken during the tenancy and produced an invoice for repair by 24Glass Repairs in the amount of $138.00. This claim is proved. Other matters

For completeness I record that the landlord had the carpet replaced and claimed two excesses but did not have confirmation at the hearing of the amounts that would in fact be charged to the landlord. The landlord therefore withdrew this part of the claim. Filing fee and name suppression

The landlord has been the successful party and so is entitled to reimbursement of the filing fee in the amount of $20.44. The landlord has also applied for and is entitled to an order for name suppression pursuant to section 95A RTA and so I make an order for name suppression in the landlord’s favour.

Claims and awards in Tenancy Tribunal application 4785597 — net $6,870.98 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears from 26 October 2023 to 22 November 2023	$2,900.00	Rent arrears from 26 October 2023 to 22 November 2023
Previous order application 4678009 dated 20/10/2023	$1,516.47	Previous order application 4678009 dated 20/10/2023
Water rates	$23.62	Water rates
Eviction fees	$200.00	Eviction fees
Lock/key replacement	$417.45	Lock/key replacement
Window repairs	$138.00	Window repairs
Cleaning, lawns and rubbish removal	$1,035.00	Cleaning, lawns and rubbish removal
Carpet cleaning	$230.00	Carpet cleaning
skip bin	$390.00	skip bin
Filing fee reimbursement	$20.44	Filing fee reimbursement
Net award	$6,870.98
Total payable by Tenant to Landlord	$6,870.98

Order

Bronson Siaso Davies and Shane Paul Davies must pay [The landlord/s] $6,870.98 immediately, calculated as shown in table below.
This order incorporates the Tribunal order made on 20 October 2023 under application 4678009.

Reasons

The landlord attended the hearing represented by [property manager]. Shane Davies had made a request to attend by phone as he no longer living in Auckland, and so was connected by phone to the hearing. There was no appearance by Bronson Davies, and an attempt to call him by phone was unsuccessful.
I am satisfied that Bronson Davies has been served with this application and so the hearing proceeded in his absence.
Shane Davies explained that he uses a wheelchair and so lived in the basement of the property for some time, but that he had in fact moved out of Auckland some time before the tenancy ended. He explained that Bronson Davies is his son and that he is very disappointed that the tenancy ended as it did.
Shane Davies accepted that while he may not have been personally responsible for any of the compensation sought by the landlord, he is jointly and severally liable together with Bronson Davies, as they are both named as tenants on the tenancy agreement. I did explain to Shane Davies that if he has any queries or concerns about his liability (as between himself and his son) then he should contact the Citizens Advice Bureau or a Community Law Centre for advice.
In this decision I refer to both parties as “the tenants” for ease of reference but accept that I may in fact be referring to actions that Shane Davies was not personally responsible for.
The landlord has applied for further rent arrears, compensation and reimbursement of the filing fee following the end of the tenancy. Previous order
On 20 October 2023 the Tribunal made an order terminating this tenancy and made orders for payment of rent arrears to 25 October 2023 and water rates. The previous order is incorporated into this order for enforcement purposes.

How much is owed for rent and water rates?

In the previous order made on 20 October 2023 the Tribunal granted possession to the landlord at 11.59pm on Wednesday 25 October 2023. However the property had not been vacated by that date and the landlord was forced to instruct Bailiffs to take back possession which occurred on 13 November 2024. The tenants were given some additional time to leave, the last day of the tenancy being 22 November 2023.
The landlord provided a rent summary showing the additional rental owing from 26 October 2023 to 22 November 2023 (28 days, being $2,900). This amount is proved.
The landlord provided evidence showing that water was owing in the amount of $23.62. This amount is proved.
The landlord also sought the Bailiff fees of $200.00 which are ordered.

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 premises reasonably clean and tidy, and did not remove all rubbish.
The tenant did not return the keys.
The landlord provided both ingoing and outgoing inspection photos showing that the property had been in good condition at the outset but that when the landlord took back possession it had not been cleaned, the carpets had to be cleaned due to the tenant keeping a dog (in breach of the tenancy agreement) the lawns were overgrown and a huge amount of rubbish was left scattered throughout the house and outside.
The landlord produced the following invoices: a. Invoice from S Bros Total Property for cleaning, rubbish removal and lawns in the amount of $1,035.00; b. Invoice from Quick Property Services for carpet cleaning in the amount of $230.00; c. Invoice from Green Gorilla for a skip bin in the amount of $390.00; d. Invoice from Prime Services New Zealand for changing front and door locks in the amount of $417.45.
The landlord has proven that the tenants have not met their obligations at the end of the tenancy. The amounts claimed are reasonable and supported by invoices. I order payment by the tenants accordingly.

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.
The landlord produced photos showing that one of the bedroom windows was broken during the tenancy and produced an invoice for repair by 24Glass Repairs in the amount of $138.00. This claim is proved. Other matters
For completeness I record that the landlord had the carpet replaced and claimed two excesses but did not have confirmation at the hearing of the amounts that would in fact be charged to the landlord. The landlord therefore withdrew this part of the claim. Filing fee and name suppression
The landlord has been the successful party and so is entitled to reimbursement of the filing fee in the amount of $20.44. The landlord has also applied for and is entitled to an order for name suppression pursuant to section 95A RTA and so I make an order for name suppression in the landlord’s favour.

Tenancy Tribunal case 4785597 — Rent arrears at 54 Makora Road, Massey, Auckland 0614

At a glance

Tenancy Tribunal case 4785597 — Rent arrears at 54 Makora Road, Massey, Auckland 0614

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?

Is the tenant responsible for the damage to the premises?

Topics & place

Residential Tenancies Act sections

Key findings

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?

Is the tenant responsible for the damage to the premises?

Topics & place

Residential Tenancies Act sections

Key findings

Frequently asked questions