What was the outcome of Tenancy Tribunal case 4797859?

The tribunal order states: Joseph Daymond must pay The Property Managers Limited $2,319.85

How much money was awarded in case 4797859?

Cleaning: $172.50 awarded to landlord; Filing Fee: $20.44 awarded to landlord; Property Damage: $47.20 awarded to landlord; Property Damage: $24.00 awarded to landlord; Property Damage: $80.00 awarded to landlord; Rent Arrears: $3,505.71 awarded to landlord

What type of tenancy dispute was case 4797859?

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

Where can I read the official tribunal order for case 4797859?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/10574092-Tenancy_Tribunal_Order.pdf.

What was the outcome of Tenancy Tribunal case 4797859?

The tribunal order states: Joseph Daymond must pay The Property Managers Limited $2,319.85

How much money was awarded in case 4797859?

Cleaning: $172.50 awarded to landlord; Filing Fee: $20.44 awarded to landlord; Property Damage: $47.20 awarded to landlord; Property Damage: $24.00 awarded to landlord; Property Damage: $80.00 awarded to landlord; Rent Arrears: $3,505.71 awarded to landlord

What type of tenancy dispute was case 4797859?

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

Where can I read the official tribunal order for case 4797859?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/10574092-Tenancy_Tribunal_Order.pdf.

Unit/Flat 306, 845 New North Road, Mount Albert, Auckland Tenancy Tribunal Case 4797859 — Rent arrears

Reasons

Claims and awards in Tenancy Tribunal application 4797859 — net $2,319.85 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears to 25 January 2024	$3,505.71	Rent arrears to 25 January 2024
Cleaning	$172.50	Cleaning
Lock/key replacement: mailbox key	$24.00	Lock/key replacement: mailbox key
Lock/key replacement: apartment keys	$47.20	Lock/key replacement: apartment keys
Repairs to door hinge and blinds	$80.00	Repairs to door hinge and blinds
Filing fee reimbursement	$20.44	Filing fee reimbursement
Net award	$2,319.85
Total payable by Tenant to Landlord	$2,319.85

The landlord attended the hearing. The tenant did not attend the hearing. The Tribunal gave the tenant notice of the hearing. The tenant has not communicated with the Tribunal to explain why he would not attend the hearing. The hearing proceeded in the tenant’s absence.

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?

The tenancy ended on 25 January 2024. The landlord provided rent records in the form of a rent ledger which prove the amount owing at the end of the tenancy.

Did the tenant comply with his obligations at the end of the tenancy?

Section 40(1)(e)(ii)-(v) of the Residential Tenancies Act 1986 (“RTA”) provides that 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.

At the hearing, the landlord provided evidence in the form of photographs from the end of the tenancy and a pre-tenancy inspection report which show 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 amounts ordered are proved.

Is the tenant liable for swipe tag?

During the hearing, the landlord applied for compensation of $112.70 for a replacement swipe tag. While an invoice was supplied for the swipe tag, this claim was not included in the original application and the tenant has not been given notice of it. For this reason, this claim is dismissed.

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 of the RTA.)

Section 49B(3)(a) provides that 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).

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) of the 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) of the RTA.)

The following damage was caused during the tenancy: damage to the door hinge and the cords on the blinds. The damage is less than the insurance excess of $250 and less than 4 weeks’ rent. The damage is more than fair wear and tear, and the tenant has not disproved liability for the damage.

The amounts ordered are proved.

The landlord has partly succeeded with the claim and I order the tenant to reimburse the landlord for the filing fee.

Claims and awards in Tenancy Tribunal application 4797859 — net $2,319.85 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears to 25 January 2024	$3,505.71	Rent arrears to 25 January 2024
Cleaning	$172.50	Cleaning
Lock/key replacement: mailbox key	$24.00	Lock/key replacement: mailbox key
Lock/key replacement: apartment keys	$47.20	Lock/key replacement: apartment keys
Repairs to door hinge and blinds	$80.00	Repairs to door hinge and blinds
Filing fee reimbursement	$20.44	Filing fee reimbursement
Net award	$2,319.85
Total payable by Tenant to Landlord	$2,319.85

Order

Joseph Daymond must pay The Property Managers Limited $2,319.85 immediately, calculated as shown in the table below:
The Bond Centre is to pay the bond of $1,530.00 (6378531-006) to The Property Managers Limited immediately.

Reasons

The landlord attended the hearing. The tenant did not attend the hearing. The Tribunal gave the tenant notice of the hearing. The tenant has not communicated with the Tribunal to explain why he would not attend the hearing. The hearing proceeded in the tenant’s absence.
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?

The tenancy ended on 25 January 2024. The landlord provided rent records in the form of a rent ledger which prove the amount owing at the end of the tenancy.

Did the tenant comply with his obligations at the end of the tenancy?

Section 40(1)(e)(ii)-(v) of the Residential Tenancies Act 1986 (“RTA”) provides that 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.
At the hearing, the landlord provided evidence in the form of photographs from the end of the tenancy and a pre-tenancy inspection report which show 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 amounts ordered are proved.

Is the tenant liable for swipe tag?

During the hearing, the landlord applied for compensation of $112.70 for a replacement swipe tag. While an invoice was supplied for the swipe tag, this claim was not included in the original application and the tenant has not been given notice of it. For this reason, this claim is dismissed.

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 of the RTA.)
Section 49B(3)(a) provides that 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).
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) of the 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) of the RTA.)
The following damage was caused during the tenancy: damage to the door hinge and the cords on the blinds. The damage is less than the insurance excess of $250 and less than 4 weeks’ rent. The damage is more than fair wear and tear, and the tenant has not disproved liability for the damage.
The amounts ordered are proved.
The landlord has partly succeeded with the claim and I order the tenant to reimburse the landlord for the filing fee.

Tenancy Tribunal case 4797859 — Rent arrears at Unit/Flat 306, 845 New North Road, Mount Albert, Auckland

At a glance

Tenancy Tribunal case 4797859 — Rent arrears at Unit/Flat 306, 845 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 his obligations at the end of the tenancy?

Is the tenant liable for swipe tag?

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 his obligations at the end of the tenancy?

Is the tenant liable for swipe tag?

Is the tenant responsible for the damage to the premises?

Topics & place

Residential Tenancies Act sections

Key findings

Property management

Frequently asked questions