How much money was awarded in case 4790789?

Filing Fee: $20.44 awarded to landlord; Rent Arrears: $2,400.00 awarded to landlord; Rubbish Removal: $839.50 awarded to landlord

What type of tenancy dispute was case 4790789?

The primary dispute was Rent arrears.

Where can I read the official tribunal order for case 4790789?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/10125451-Tribunal_Order.pdf.

How much money was awarded in case 4790789?

Filing Fee: $20.44 awarded to landlord; Rent Arrears: $2,400.00 awarded to landlord; Rubbish Removal: $839.50 awarded to landlord

What type of tenancy dispute was case 4790789?

The primary dispute was Rent arrears.

Where can I read the official tribunal order for case 4790789?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/10125451-Tribunal_Order.pdf.

Unit/Flat 3, 1223 New North Road, Mount Albert, Auckland Tenancy Tribunal Case 4790789 — Rent arrears

Q: What was the outcome of Tenancy Tribunal case 4790789?

The tribunal order states: Nikau Tamatoa Liddington and Shannon Richele Church must pay O'neills Real

Order

Claims and awards in Tenancy Tribunal application 4790789 — net $859.94 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears to 26 February 2024	$2,400.00	Rent arrears to 26 February 2024
Rubbish removal	$839.50	Rubbish removal
Filing fee reimbursement	$20.44	Filing fee reimbursement
Net award	$859.94
Total payable by Tenant to Landlord	$859.94

Nikau Tamatoa Liddington and Shannon Richele Church must pay O'neills Real Estate Limited As Agent For Stevenson Investment Properties $859.94 immediately, calculated as shown in table below.

The Bond Centre is to pay the bond of $2,400.00 (6074614-003) to O'neills Real Estate Limited As Agent For Stevenson Investment Properties immediately.

Reasons

The agent Mr Baillie attended the hearing for the landlord. There was no appearance by the tenants.

On 26 February 2024 an order was made terminating this tenancy and granting possession to the landlord. The landlord’s application for rent arears, compensation for damages, refund of the bond and reimbursement of the filing fee was adjourned to today.

How much is owed for rent?

The tenancy ended on 26 February 2024.The landlord provided rent records which prove the amount owing at the end of the tenancy being $2400.00.

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 agent had to remove rubbish a cost of $839.50 as seen in the photos provided by the agent. The amount is proved and ordered.

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 agent says there were glass panels broken by the tenant.

The agent provided photos of broken windows and a quote from a repairer. The agent also provided an inspection report (undated) which shows the property that was given to him to manage by the landlord suggests a rather tired property.

Without a confirmed pre-inspection report or photos, it would not be appropriate to award damages on this basis.

The repair has not been done despite the amount of time since the damages to the glass occurred.

The Tribunal is not able to make an award where a loss has not yet been incurred by the landlord.

Because O'neills Real Estate Limited As Agent For Stevenson Investment Properties has substantially succeeded with the claim I have reimbursed the filing fee.

Claims and awards in Tenancy Tribunal application 4790789 — net $859.94 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears to 26 February 2024	$2,400.00	Rent arrears to 26 February 2024
Rubbish removal	$839.50	Rubbish removal
Filing fee reimbursement	$20.44	Filing fee reimbursement
Net award	$859.94
Total payable by Tenant to Landlord	$859.94

Order

Nikau Tamatoa Liddington and Shannon Richele Church must pay O'neills Real Estate Limited As Agent For Stevenson Investment Properties $859.94 immediately, calculated as shown in table below.
The Bond Centre is to pay the bond of $2,400.00 (6074614-003) to O'neills Real Estate Limited As Agent For Stevenson Investment Properties immediately.

Reasons

The agent Mr Baillie attended the hearing for the landlord. There was no appearance by the tenants.
On 26 February 2024 an order was made terminating this tenancy and granting possession to the landlord. The landlord’s application for rent arears, compensation for damages, refund of the bond and reimbursement of the filing fee was adjourned to today.

How much is owed for rent?

The tenancy ended on 26 February 2024.The landlord provided rent records which prove the amount owing at the end of the tenancy being $2400.00.

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 agent had to remove rubbish a cost of $839.50 as seen in the photos provided by the agent. The amount is proved and ordered.

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 agent says there were glass panels broken by the tenant.
The agent provided photos of broken windows and a quote from a repairer. The agent also provided an inspection report (undated) which shows the property that was given to him to manage by the landlord suggests a rather tired property.
Without a confirmed pre-inspection report or photos, it would not be appropriate to award damages on this basis.
The repair has not been done despite the amount of time since the damages to the glass occurred.
The Tribunal is not able to make an award where a loss has not yet been incurred by the landlord.
Because O'neills Real Estate Limited As Agent For Stevenson Investment Properties has substantially succeeded with the claim I have reimbursed the filing fee.

Tenancy Tribunal case 4790789 — Rent arrears at Unit/Flat 3, 1223 New North Road, Mount Albert, Auckland

At a glance

Tenancy Tribunal case 4790789 — Rent arrears at Unit/Flat 3, 1223 New North Road, Mount Albert, Auckland

At a glance

Award balance

Claims & awards

Order

Reasons

How much is owed for rent?

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?

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