What was the outcome of Tenancy Tribunal case 4804424?

The tribunal order states: Moevale Alice Neemia must pay Apsara Sajeewani Kaluthanthreege Don

How much money was awarded in case 4804424?

Filing Fee: $20.44 awarded to landlord; Lawns and Garden Work: $59.82 awarded to landlord; Pest Control: $338.56 awarded to landlord; Rent Arrears: $3,249.97 awarded to landlord; Rubbish Removal: $390.00 awarded to landlord; Water Rates: $1,042.06 awarded to landlord

What type of tenancy dispute was case 4804424?

The primary dispute was Rent arrears.

Where can I read the official tribunal order for case 4804424?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/10491204-Tenancy_Tribunal_Order.pdf.

What was the outcome of Tenancy Tribunal case 4804424?

The tribunal order states: Moevale Alice Neemia must pay Apsara Sajeewani Kaluthanthreege Don

How much money was awarded in case 4804424?

Filing Fee: $20.44 awarded to landlord; Lawns and Garden Work: $59.82 awarded to landlord; Pest Control: $338.56 awarded to landlord; Rent Arrears: $3,249.97 awarded to landlord; Rubbish Removal: $390.00 awarded to landlord; Water Rates: $1,042.06 awarded to landlord

What type of tenancy dispute was case 4804424?

The primary dispute was Rent arrears.

Where can I read the official tribunal order for case 4804424?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/10491204-Tenancy_Tribunal_Order.pdf.

Unit/Flat 1, 58 Portage Road, Otahuhu, Auckland 1062 Tenancy Tribunal Case 4804424 — Rent arrears

Order

Claims and awards in Tenancy Tribunal application 4804424 — net $2,500.85 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears to 7/03/2024	$3,249.97	Rent arrears to 7/03/2024
Water rates: to 5/02/2024	$1,042.06	Water rates: to 5/02/2024
Lawns and Garden work	$59.82	Lawns and Garden work
Pest control	$338.56	Pest control
Rubbish removal	$390.00	Rubbish removal
Filing fee reimbursement	$20.44	Filing fee reimbursement
Net award	$2,500.85
Total payable by Tenant to Landlord	$2,500.85

Moevale Alice Neemia must pay Apsara Sajeewani Kaluthanthreege Don $2,500.85 immediately, calculated as shown in table below.

The Bond Centre is to pay the bond of $2,600.00 (3536280-009) to Apsara Sajeewani Kaluthanthreege Don immediately. DescriptionLandlord Rent arrears to 7/03/2024$3,249.97 Water rates: to 5/02/2024$1,042.06 Lawns and Garden work$59.82 Pest control$338.56 Rubbish removal$390.00 Filing fee reimbursement$20.44 Total award$5,100.85 Bond$2,600.00 Total payable by Tenant to Landlord$2,500.85

Reasons

The applicant landlord attended the hearing. There was no appearance for the tenant.

The landlord has applied for rent and water 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 rates?

The tenancy ended on 29 February 2024 following an order of the Tribunal terminating the tenancy for abandonment. The order records that the landlord discovered the premises were abandoned on 9 February 2024.

The Residential Tenancies Act 1986 states at section 61(3) that a tenant who abandons a premises is liable for rent up to 28 days after the date that the landlord became aware the tenancy was abandoned. The landlord provided rent records and rent is ordered to 7 March 2024 in the sum of $3249.97.

The landlord provided water rates invoices and a water summary which prove the amount owing at the end of the tenancy for water charges in the sum of $1042.06.

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 landlord has applied for reimbursement for pest control, rubbish removal, lawn mowing and weeding, and these amounts are ordered as sought.

The amounts ordered are proved. Photographs and invoices have been provided.

The landlord also sought reimbursement for the cost of an exterior house wash and gutter and downpipe clean, but this amount was not ordered as it is this is a maintenance matter that is the responsibility of the landlord.

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.

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 landlord claimed that a window was cracked during the tenancy.

The landlord explained that the house is a 1920s house, but the windows were reglazed with double glazed windows prior to the tenancy commencing. At the end of the tenancy there was a small crack in the corner of the exterior pane of glass in one of the kitchen windows. The landlord did not provide photographs of the crack and did not know how it had occurred. It was suggested that maybe it occurred as the tenant opened and closed the window fast or maybe something from outside hit the window. The Tribunal finds that there is insufficient evidence provided to prove on the balance of probabilities that the damage was beyond fair wear and tear.

Because Apsara Sajeewani Kaluthanthreege Don has substantially succeeded with the claim I have reimbursed the filing fee.

Claims and awards in Tenancy Tribunal application 4804424 — net $2,500.85 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears to 7/03/2024	$3,249.97	Rent arrears to 7/03/2024
Water rates: to 5/02/2024	$1,042.06	Water rates: to 5/02/2024
Lawns and Garden work	$59.82	Lawns and Garden work
Pest control	$338.56	Pest control
Rubbish removal	$390.00	Rubbish removal
Filing fee reimbursement	$20.44	Filing fee reimbursement
Net award	$2,500.85
Total payable by Tenant to Landlord	$2,500.85

Order

Moevale Alice Neemia must pay Apsara Sajeewani Kaluthanthreege Don $2,500.85 immediately, calculated as shown in table below.
The Bond Centre is to pay the bond of $2,600.00 (3536280-009) to Apsara Sajeewani Kaluthanthreege Don immediately. DescriptionLandlord Rent arrears to 7/03/2024$3,249.97 Water rates: to 5/02/2024$1,042.06 Lawns and Garden work$59.82 Pest control$338.56 Rubbish removal$390.00 Filing fee reimbursement$20.44 Total award$5,100.85 Bond$2,600.00 Total payable by Tenant to Landlord$2,500.85

Reasons

The applicant landlord attended the hearing. There was no appearance for the tenant.
The landlord has applied for rent and water 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 rates?

The tenancy ended on 29 February 2024 following an order of the Tribunal terminating the tenancy for abandonment. The order records that the landlord discovered the premises were abandoned on 9 February 2024.
The Residential Tenancies Act 1986 states at section 61(3) that a tenant who abandons a premises is liable for rent up to 28 days after the date that the landlord became aware the tenancy was abandoned. The landlord provided rent records and rent is ordered to 7 March 2024 in the sum of $3249.97.
The landlord provided water rates invoices and a water summary which prove the amount owing at the end of the tenancy for water charges in the sum of $1042.06.

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 landlord has applied for reimbursement for pest control, rubbish removal, lawn mowing and weeding, and these amounts are ordered as sought.
The amounts ordered are proved. Photographs and invoices have been provided.
The landlord also sought reimbursement for the cost of an exterior house wash and gutter and downpipe clean, but this amount was not ordered as it is this is a maintenance matter that is the responsibility of the landlord.

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.
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 landlord claimed that a window was cracked during the tenancy.
The landlord explained that the house is a 1920s house, but the windows were reglazed with double glazed windows prior to the tenancy commencing. At the end of the tenancy there was a small crack in the corner of the exterior pane of glass in one of the kitchen windows. The landlord did not provide photographs of the crack and did not know how it had occurred. It was suggested that maybe it occurred as the tenant opened and closed the window fast or maybe something from outside hit the window. The Tribunal finds that there is insufficient evidence provided to prove on the balance of probabilities that the damage was beyond fair wear and tear.
Because Apsara Sajeewani Kaluthanthreege Don has substantially succeeded with the claim I have reimbursed the filing fee.

Tenancy Tribunal case 4804424 — Rent arrears at Unit/Flat 1, 58 Portage Road, Otahuhu, Auckland 1062

At a glance

Tenancy Tribunal case 4804424 — Rent arrears at Unit/Flat 1, 58 Portage Road, Otahuhu, Auckland 1062

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