How much money was awarded in case 4826169?

Filing Fee: $20.44 awarded to landlord; Property Damage: $230.00 awarded to landlord; Smoke Alarms: $2,699.36 awarded to landlord

What type of tenancy dispute was case 4826169?

The primary dispute was Smoke alarms. Related themes: Property damage.

Where can I read the official tribunal order for case 4826169?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/10954077-Tribunal_Order.pdf.

How much money was awarded in case 4826169?

Filing Fee: $20.44 awarded to landlord; Property Damage: $230.00 awarded to landlord; Smoke Alarms: $2,699.36 awarded to landlord

What type of tenancy dispute was case 4826169?

The primary dispute was Smoke alarms. Related themes: Property damage.

Where can I read the official tribunal order for case 4826169?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/10954077-Tribunal_Order.pdf.

39A Takanini Road, Takanini, Takanini 2112 Tenancy Tribunal Case 4826169 — Smoke alarms

Q: What was the outcome of Tenancy Tribunal case 4826169?

The tribunal order states: Fuamoli Rosa Sola Wilson to pay Pr Property Management Services Limited as

Order

Claims and awards in Tenancy Tribunal application 4826169 — net $2,949.80 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Replace smoke alarms	$2,699.36	Replace smoke alarms
Lock/key replacement	$230.00	Lock/key replacement
Filing fee reimbursement	$20.44	Filing fee reimbursement
Net award	$2,949.80
Bond	$3,000.00
Total payable by Tenant to Landlord	$2,949.80

Fuamoli Rosa Sola Wilson to pay Pr Property Management Services Limited as Agent for Aman Deep Singh $2,949.80 from the bond, calculated as shown in table below:

The Bond Centre is to pay the bond of $3,000.00 (3350981-004) immediately apportioned as follows: Pr Property Management Services Limited as Agent for Aman Deep Singh: $2,949.80 Fuamoli Rosa Sola Wilson: $50.20

The tenants claim for compensation is dismissed.

Reasons

Both parties attended the hearing. This is a cross application.

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

The tenant is claiming $7752.00 in compensation for not being provided with a washing machine during the tenancy and incurring laundromat costs. How much is owed for rent [and water rates]?

The landlord and tenant dispute the termination date of the tenancy. The landlord says it was 9 February 2024 and the tenant says 26 January 2024.

It is not disputed that the tenant served the landlord 28 days’ notice on 29 December 2023. That would make the end date the 26 th of January 2024 and not 9 February 2024. The tenant says that she left the property and moved into a new home on 16 January 2024, but accepts the notice period ended on 26 January 2024.

I find the tenancy ended on 26 January 2024. The landlord provided rent records and up to 26 th January 2024 the tenant had no rent arrears. The landlord provided water rates invoices which prove the amount of $2699.36 owing at the end of the tenancy.

I am satisfied that the landlord has proven their claim for water bills. The tenant confirmed that she did not pay any water bills during the tenancy because the landlord was seeking to make her pay for water before her tenancy had even commenced. The water bills have now deducted the earlier period before the tenancy commenced.

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 landlord has provided an invoice for $230.00 the cost of replacing one set of keys. I am satisfied that the landlord has proven their claim for the keys and locksmith costs.

The landlord withdrew their claim for the lawns and garden maintenance. Tenant application:

The tenant says that she was promised a front loader washing machine as part of the tenancy. The washing machine was noted on the tenancy agreement. The tenant says that the landlord never provided a washing machine despite her requests for one.

The landlord said that the washing machine was in the laundry at the start of the tenancy as was a fridge. The landlord said that both the washing machine and fridge are now missing at the end of the tenancy.

I have tried to determine if there were any inspection reports or photographs at the start of the tenancy that would show if there was a washing machine at the property or not.

I accept it was noted on the chattels list when the tenancy agreement was signed by the parties.

I am not able to conclude that there was or there was not a washing machine in the tenancy. Furthermore, the tenant was only able to show me two bank statement entries for laundromat costs in two years.

I am not satisfied that the tenant has proven her claims for compensation for laundromat costs. I am dismissing the tenants claims for compensation.

The bond centre is to refund the bond immediately as set out in paragraph 2 of this order.

Because Pr Property Management Services Limited as Agent for Aman Deep Singh has wholly succeeded with the claim I must reimburse the filing fee.

Claims and awards in Tenancy Tribunal application 4826169 — net $2,949.80 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Replace smoke alarms	$2,699.36	Replace smoke alarms
Lock/key replacement	$230.00	Lock/key replacement
Filing fee reimbursement	$20.44	Filing fee reimbursement
Net award	$2,949.80
Bond	$3,000.00
Total payable by Tenant to Landlord	$2,949.80

Order

Fuamoli Rosa Sola Wilson to pay Pr Property Management Services Limited as Agent for Aman Deep Singh $2,949.80 from the bond, calculated as shown in table below:
The Bond Centre is to pay the bond of $3,000.00 (3350981-004) immediately apportioned as follows: Pr Property Management Services Limited as Agent for Aman Deep Singh: $2,949.80 Fuamoli Rosa Sola Wilson: $50.20
The tenants claim for compensation is dismissed.

Reasons

Both parties attended the hearing. This is a cross application.
The landlord has applied for rent arrears, compensation, refund of the bond, and reimbursement of the filing fee following the end of the tenancy.
The tenant is claiming $7752.00 in compensation for not being provided with a washing machine during the tenancy and incurring laundromat costs. How much is owed for rent [and water rates]?
The landlord and tenant dispute the termination date of the tenancy. The landlord says it was 9 February 2024 and the tenant says 26 January 2024.
It is not disputed that the tenant served the landlord 28 days’ notice on 29 December 2023. That would make the end date the 26 th of January 2024 and not 9 February 2024. The tenant says that she left the property and moved into a new home on 16 January 2024, but accepts the notice period ended on 26 January 2024.
I find the tenancy ended on 26 January 2024. The landlord provided rent records and up to 26 th January 2024 the tenant had no rent arrears. The landlord provided water rates invoices which prove the amount of $2699.36 owing at the end of the tenancy.
I am satisfied that the landlord has proven their claim for water bills. The tenant confirmed that she did not pay any water bills during the tenancy because the landlord was seeking to make her pay for water before her tenancy had even commenced. The water bills have now deducted the earlier period before the tenancy commenced.

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 landlord has provided an invoice for $230.00 the cost of replacing one set of keys. I am satisfied that the landlord has proven their claim for the keys and locksmith costs.
The landlord withdrew their claim for the lawns and garden maintenance. Tenant application:
The tenant says that she was promised a front loader washing machine as part of the tenancy. The washing machine was noted on the tenancy agreement. The tenant says that the landlord never provided a washing machine despite her requests for one.
The landlord said that the washing machine was in the laundry at the start of the tenancy as was a fridge. The landlord said that both the washing machine and fridge are now missing at the end of the tenancy.
I have tried to determine if there were any inspection reports or photographs at the start of the tenancy that would show if there was a washing machine at the property or not.
I accept it was noted on the chattels list when the tenancy agreement was signed by the parties.
I am not able to conclude that there was or there was not a washing machine in the tenancy. Furthermore, the tenant was only able to show me two bank statement entries for laundromat costs in two years.
I am not satisfied that the tenant has proven her claims for compensation for laundromat costs. I am dismissing the tenants claims for compensation.
The bond centre is to refund the bond immediately as set out in paragraph 2 of this order.
Because Pr Property Management Services Limited as Agent for Aman Deep Singh has wholly succeeded with the claim I must reimburse the filing fee.

Tenancy Tribunal case 4826169 — Smoke alarms at 39A Takanini Road, Takanini, Takanini 2112

At a glance

Tenancy Tribunal case 4826169 — Smoke alarms at 39A Takanini Road, Takanini, Takanini 2112

At a glance

Award balance

Claims & awards

Order

Reasons

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

Topics & place

Residential Tenancies Act sections

Key findings

Property management

Frequently asked questions

Award balance

Claims & awards

Order

Reasons

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

Topics & place

Residential Tenancies Act sections

Key findings

Property management

Frequently asked questions