What was the outcome of Tenancy Tribunal case 4790777?

The tribunal order states: Vivian Hokimate Harris must pay Investment Portfolio Management Limited

How much money was awarded in case 4790777?

Cleaning: $155.25 awarded to landlord; Filing Fee: $20.44 awarded to landlord; Matrix Security Fee (By Consent: $50.00 awarded to landlord; Rent Arrears: $1,430.00 awarded to landlord; Replace Curtains: $123.49 awarded to landlord; Replace Furnishings: Replace Cooktop: $242.99 awarded to landlord

What type of tenancy dispute was case 4790777?

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

Where can I read the official tribunal order for case 4790777?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/10556510-Tenancy_Tribunal_Order.pdf.

What was the outcome of Tenancy Tribunal case 4790777?

The tribunal order states: Vivian Hokimate Harris must pay Investment Portfolio Management Limited

How much money was awarded in case 4790777?

Cleaning: $155.25 awarded to landlord; Filing Fee: $20.44 awarded to landlord; Matrix Security Fee (By Consent: $50.00 awarded to landlord; Rent Arrears: $1,430.00 awarded to landlord; Replace Curtains: $123.49 awarded to landlord; Replace Furnishings: Replace Cooktop: $242.99 awarded to landlord

What type of tenancy dispute was case 4790777?

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

Where can I read the official tribunal order for case 4790777?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/10556510-Tenancy_Tribunal_Order.pdf.

Unit/Flat 5f, 3 May Road, Mangere East, Auckland 2024 Tenancy Tribunal Case 4790777 — Rent arrears

Reasons

Claims and awards in Tenancy Tribunal application 4790777 — net $482.17 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears to 23 January 2034	$1,430.00	Rent arrears to 23 January 2034
Replace curtains	$123.49	Replace curtains
Matrix security fee (by consent	$50.00	Matrix security fee (by consent
Cleaning: (by consent	$155.25	Cleaning: (by consent
Replace furnishings: Replace cooktop	$242.99	Replace furnishings: Replace cooktop
Filing fee reimbursement	$20.44	Filing fee reimbursement
Net award	$482.17
Total payable by Tenant to Landlord	$482.17

Both parties attended the hearing. The Landlord attended in person and the Tenant attended by telephone.

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

This was a fixed term tenancy which commenced on 5 October 2023 and was due to end on 31 October 2024.

The Tenant agreed to paying $50.00 for the unlock fee from Matrix security and $155.25 to clean.

How much is owed for rent arrears?

The Landlord claimed rent arrears of $1430.00 for rent up to the period ending on 23 January 2024. The Tenant unilaterally ended the fixed term tenancy prior to 31 October 2024 and told the Landlord she had moved out, sometime between 24 December 2023 and before 11 January 2024. The Landlord then advised the Tenant of the break lease fees etc. The Landlord found new tenants on 23 January 2024. The Landlord provided a rent summary to prove the amount owing up to that date.

The Tenant submitted she owed no rent arrears because the tenancy ended after 24 December 2023 when she was burgled. Because she was burgled, she assumed she did not have to obtain consent from the Landlord to end the tenancy early and moved out. She reported this burglary to the Police and Landlord but did not provide evidence of the exact items taken. The report only mentioned the cost of the items taken was worth $500.00- $5000.00.

There are limited means by which a fixed term tenancy can be ended early and burglaries are not specifically a reason. The Tenant was obliged to remain in the tenancy until the end of the fixed term or obtain the Landlord’s consent to leave early. The Tenant did not do this. For this reason, the tenancy ended when the new tenants moved in and the Tenant owes rent arrears up to this date.

The amount ordered is 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 is required to replace worn out smoke alarm batteries during the tenancy. See section 40(1)(ca) Residential Tenancies Act 1986. The tenant must also replace standard light bulbs.

The tenant did not return the keys.

The following chattels were missing at the end of the tenancy: curtains and cooktop. The landlord had to replace the curtains and cook-top. The Landlord provided evidence of the entry and exit inspection reports which indicated these items were present from the start of the tenancy. They also provided invoices for the replacements.

The Tenant claimed these items were removed during the burglary however could not provide evidence that she reported these items stolen to someone.

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 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.

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: [list items]. The damage is more than fair wear and tear, and the tenant has not disproved liability for the damage.

The amounts ordered are proved.

As Investment Portfolio Management Limited has wholly succeeded with the claim the Tenant must reimburse the filing fee.

As the Tenant has not been successful in their defence, name suppression is granted.

Claims and awards in Tenancy Tribunal application 4790777 — net $482.17 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears to 23 January 2034	$1,430.00	Rent arrears to 23 January 2034
Replace curtains	$123.49	Replace curtains
Matrix security fee (by consent	$50.00	Matrix security fee (by consent
Cleaning: (by consent	$155.25	Cleaning: (by consent
Replace furnishings: Replace cooktop	$242.99	Replace furnishings: Replace cooktop
Filing fee reimbursement	$20.44	Filing fee reimbursement
Net award	$482.17
Total payable by Tenant to Landlord	$482.17

Order

Vivian Hokimate Harris must pay Investment Portfolio Management Limited $482.17 immediately, calculated as shown in table below.
The Bond Centre is to pay the bond of $1,540.00 (6099190-003) to Investment Portfolio Management Limited immediately.

Reasons

Both parties attended the hearing. The Landlord attended in person and the Tenant attended by telephone.
The landlord has applied for rent arrears, compensation, refund of the bond, and reimbursement of the filing fee following the end of the tenancy.
This was a fixed term tenancy which commenced on 5 October 2023 and was due to end on 31 October 2024.
The Tenant agreed to paying $50.00 for the unlock fee from Matrix security and $155.25 to clean.

How much is owed for rent arrears?

The Landlord claimed rent arrears of $1430.00 for rent up to the period ending on 23 January 2024. The Tenant unilaterally ended the fixed term tenancy prior to 31 October 2024 and told the Landlord she had moved out, sometime between 24 December 2023 and before 11 January 2024. The Landlord then advised the Tenant of the break lease fees etc. The Landlord found new tenants on 23 January 2024. The Landlord provided a rent summary to prove the amount owing up to that date.
The Tenant submitted she owed no rent arrears because the tenancy ended after 24 December 2023 when she was burgled. Because she was burgled, she assumed she did not have to obtain consent from the Landlord to end the tenancy early and moved out. She reported this burglary to the Police and Landlord but did not provide evidence of the exact items taken. The report only mentioned the cost of the items taken was worth $500.00- $5000.00.
There are limited means by which a fixed term tenancy can be ended early and burglaries are not specifically a reason. The Tenant was obliged to remain in the tenancy until the end of the fixed term or obtain the Landlord’s consent to leave early. The Tenant did not do this. For this reason, the tenancy ended when the new tenants moved in and the Tenant owes rent arrears up to this date.
The amount ordered is 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 is required to replace worn out smoke alarm batteries during the tenancy. See section 40(1)(ca) Residential Tenancies Act 1986. The tenant must also replace standard light bulbs.
The tenant did not return the keys.
The following chattels were missing at the end of the tenancy: curtains and cooktop. The landlord had to replace the curtains and cook-top. The Landlord provided evidence of the entry and exit inspection reports which indicated these items were present from the start of the tenancy. They also provided invoices for the replacements.
The Tenant claimed these items were removed during the burglary however could not provide evidence that she reported these items stolen to someone.
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 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.
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: [list items]. The damage is more than fair wear and tear, and the tenant has not disproved liability for the damage.
The amounts ordered are proved.
As Investment Portfolio Management Limited has wholly succeeded with the claim the Tenant must reimburse the filing fee.
As the Tenant has not been successful in their defence, name suppression is granted.

Tenancy Tribunal case 4790777 — Rent arrears at Unit/Flat 5f, 3 May Road, Mangere East, Auckland 2024

At a glance

Tenancy Tribunal case 4790777 — Rent arrears at Unit/Flat 5f, 3 May Road, Mangere East, Auckland 2024

At a glance

Award balance

Claims & awards

Order

Reasons

How much is owed for rent arrears?

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

Property management

Frequently asked questions

Award balance

Claims & awards

Order

Reasons

How much is owed for rent arrears?

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

Property management

Frequently asked questions