What was the outcome of Tenancy Tribunal case 4818877?

The tribunal order states: Eve Foster and Manya Kahukura Foster must pay Oaks Property Management

How much money was awarded in case 4818877?

Cleaning: $225.00 awarded to landlord; Cleaning: $1,100.00 awarded to landlord; Cleaning: $300.00 awarded to landlord; Filing Fee: $20.44 awarded to landlord; Lightbulbs: $80.00 awarded to landlord; Rent Arrears: $3,801.78 awarded to landlord; Bathroom Door: $150.00 awarded to landlord; Bedroom 3 Wall: $140.00 awarded to landlord; Door Stoppers (X3: $120.00 awarded to landlord; Rubbish Removal: $1,500.00 awarded to landlord; Water Rates: $104.74 awarded to landlord

What type of tenancy dispute was case 4818877?

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

Where can I read the official tribunal order for case 4818877?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/10303689-Tenancy_Tribunal_Order.pdf.

What was the outcome of Tenancy Tribunal case 4818877?

The tribunal order states: Eve Foster and Manya Kahukura Foster must pay Oaks Property Management

How much money was awarded in case 4818877?

Cleaning: $225.00 awarded to landlord; Cleaning: $1,100.00 awarded to landlord; Cleaning: $300.00 awarded to landlord; Filing Fee: $20.44 awarded to landlord; Lightbulbs: $80.00 awarded to landlord; Rent Arrears: $3,801.78 awarded to landlord; Bathroom Door: $150.00 awarded to landlord; Bedroom 3 Wall: $140.00 awarded to landlord; Door Stoppers (X3: $120.00 awarded to landlord; Rubbish Removal: $1,500.00 awarded to landlord; Water Rates: $104.74 awarded to landlord

What type of tenancy dispute was case 4818877?

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

Where can I read the official tribunal order for case 4818877?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/10303689-Tenancy_Tribunal_Order.pdf.

Unit/Flat 15, 21 Aliford Avenue, One Tree Hill, Auckland Tenancy Tribunal Case 4818877 — Rent arrears

Order

Claims and awards in Tenancy Tribunal application 4818877 — net $5,061.96 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears to 4.3.24	$3,801.78	Rent arrears to 4.3.24
Water rates	$104.74	Water rates
Cleaning	$1,100.00	Cleaning
Carpet cleaning	$225.00	Carpet cleaning
Rubbish removal	$1,500.00	Rubbish removal
Curtain cleaning	$300.00	Curtain cleaning
Light bulbs/batteries	$80.00	Light bulbs/batteries
Repairs: bathroom door	$150.00	Repairs: bathroom door
Repairs: door stoppers (x3	$120.00	Repairs: door stoppers (x3
Repairs: bedroom 3 wall	$140.00	Repairs: bedroom 3 wall
Filing fee reimbursement	$20.44	Filing fee reimbursement
Net award	$5,061.96
Total payable by Tenant to Landlord	$5,061.96

Eve Foster and Manya Kahukura Foster must pay Oaks Property Management Limited as agent for Subbiah Sundara Mahalingam $5,061.96 immediately, calculated as shown in the table below.

The Bond Centre is to pay the bond of $2,480.00 (3161116-008) to Oaks Property Management Limited as agent for Subbiah Sundara Mahalingam immediately.

Reasons

Only the landlord, represented by Ms Kaur, appeared at the hearing. While notified, the tenants did not attend, and the hearing proceeded in their absence.

This tenancy began on 15 February 2022. The rent is $620.00 per week and a bond of $2,480.00 was paid.

The landlord has applied for rent arrears, water rates, compensation, payment from the bond, and reimbursement of the filing fee following the end of the tenancy. Termination is no longer sought, since the tenancy has now ended.

How much is owed for rent and water rates?

The tenancy ended on 4 March 2024. The landlord provided rent records and water rates invoices which prove the amount owing at the end of the tenancy. These amounts are awarded above.

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

The landlord claims cleaning, carpet cleaning, curtain cleaning and rubbish removal costs. The landlord has produced evidence, including an invoice, and inspection reports with photographs showing the condition of the premises at the end of the tenancy, and prior to the tenancy commencing. This evidence establishes that the tenant did not leave the premises reasonably clean and tidy, and did not remove all rubbish. There was a significant amount of rubbish left behind, including furniture. Extensive cleaning was required, including carpet cleaning to remove stains.

The landlord also had to replace four light bulbs.

The amounts ordered are proved.

Is the tenant responsible for the damage to the premises?

The landlord claims compensation for damage. To be successful, 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.

Where the damage is careless, and occurs after 27 August 2019, section 49B RTA applies. 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) of the 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) 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.

In this case the landlord is insured for tenant damage and advises that the excess is $500.00. The rent for the premises is $620.00 per week.

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.

From the photographic, oral, and documentary evidence produced by the landlord (including an invoice for repairs), I am satisfied that the following damage was caused during the tenancy: a. Bathroom door – this was removed and had to be re-hung ($150.00) b. Damage to 3 door stoppers ($120.00) c. Damage to the wall in bedroom 3 ($140.00)

The above damage is more than fair wear and tear, and the tenant has not disproved liability for the damage.

The amounts ordered are proved.

I have taken into account betterment and depreciation. The landlord should be returned to the position they would have been in had the tenant not breached their obligations, and should not be better or worse off. In calculating depreciation, I have taken into account the age and condition of the items at the start of the tenancy and their likely useful lifespan. Filing fee

Because the landlord has been successful, the tenants are to pay the landlord’s filing fee.

Claims and awards in Tenancy Tribunal application 4818877 — net $5,061.96 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears to 4.3.24	$3,801.78	Rent arrears to 4.3.24
Water rates	$104.74	Water rates
Cleaning	$1,100.00	Cleaning
Carpet cleaning	$225.00	Carpet cleaning
Rubbish removal	$1,500.00	Rubbish removal
Curtain cleaning	$300.00	Curtain cleaning
Light bulbs/batteries	$80.00	Light bulbs/batteries
Repairs: bathroom door	$150.00	Repairs: bathroom door
Repairs: door stoppers (x3	$120.00	Repairs: door stoppers (x3
Repairs: bedroom 3 wall	$140.00	Repairs: bedroom 3 wall
Filing fee reimbursement	$20.44	Filing fee reimbursement
Net award	$5,061.96
Total payable by Tenant to Landlord	$5,061.96

Order

Eve Foster and Manya Kahukura Foster must pay Oaks Property Management Limited as agent for Subbiah Sundara Mahalingam $5,061.96 immediately, calculated as shown in the table below.
The Bond Centre is to pay the bond of $2,480.00 (3161116-008) to Oaks Property Management Limited as agent for Subbiah Sundara Mahalingam immediately.

Reasons

Only the landlord, represented by Ms Kaur, appeared at the hearing. While notified, the tenants did not attend, and the hearing proceeded in their absence.
This tenancy began on 15 February 2022. The rent is $620.00 per week and a bond of $2,480.00 was paid.
The landlord has applied for rent arrears, water rates, compensation, payment from the bond, and reimbursement of the filing fee following the end of the tenancy. Termination is no longer sought, since the tenancy has now ended.

How much is owed for rent and water rates?

The tenancy ended on 4 March 2024. The landlord provided rent records and water rates invoices which prove the amount owing at the end of the tenancy. These amounts are awarded above.

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) of the Residential Tenancies Act 1986 (the RTA). The tenant is required to replace worn out smoke alarm batteries during the tenancy. See section 40(1)(ca) of the RTA. The tenant must also replace standard light bulbs.
The landlord claims cleaning, carpet cleaning, curtain cleaning and rubbish removal costs. The landlord has produced evidence, including an invoice, and inspection reports with photographs showing the condition of the premises at the end of the tenancy, and prior to the tenancy commencing. This evidence establishes that the tenant did not leave the premises reasonably clean and tidy, and did not remove all rubbish. There was a significant amount of rubbish left behind, including furniture. Extensive cleaning was required, including carpet cleaning to remove stains.
The landlord also had to replace four light bulbs.
The amounts ordered are proved.

Is the tenant responsible for the damage to the premises?

The landlord claims compensation for damage. To be successful, 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.
Where the damage is careless, and occurs after 27 August 2019, section 49B RTA applies. 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) of the 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) 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.
In this case the landlord is insured for tenant damage and advises that the excess is $500.00. The rent for the premises is $620.00 per week.
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.
From the photographic, oral, and documentary evidence produced by the landlord (including an invoice for repairs), I am satisfied that the following damage was caused during the tenancy: a. Bathroom door – this was removed and had to be re-hung ($150.00) b. Damage to 3 door stoppers ($120.00) c. Damage to the wall in bedroom 3 ($140.00)
The above damage is more than fair wear and tear, and the tenant has not disproved liability for the damage.
The amounts ordered are proved.
I have taken into account betterment and depreciation. The landlord should be returned to the position they would have been in had the tenant not breached their obligations, and should not be better or worse off. In calculating depreciation, I have taken into account the age and condition of the items at the start of the tenancy and their likely useful lifespan. Filing fee
Because the landlord has been successful, the tenants are to pay the landlord’s filing fee.

Tenancy Tribunal case 4818877 — Rent arrears at Unit/Flat 15, 21 Aliford Avenue, One Tree Hill, Auckland

At a glance

Tenancy Tribunal case 4818877 — Rent arrears at Unit/Flat 15, 21 Aliford Avenue, One Tree Hill, Auckland

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

Property management

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

Property management

Frequently asked questions