What was the outcome of Tenancy Tribunal case 4837020?

The tribunal order states: Jin Huai Ye must pay Liyi Property Limited $2,208.01 immediately, calculated

How much money was awarded in case 4837020?

Individual award amounts are in the official MoJ PDF. Claim amounts appear on this page when claims and net totals reconcile.

What type of tenancy dispute was case 4837020?

The primary dispute was Rent arrears. Related themes: Cleanliness.

Where can I read the official tribunal order for case 4837020?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/10660049-Tenancy_Tribunal_Order.pdf.

What was the outcome of Tenancy Tribunal case 4837020?

The tribunal order states: Jin Huai Ye must pay Liyi Property Limited $2,208.01 immediately, calculated

How much money was awarded in case 4837020?

Individual award amounts are in the official MoJ PDF. Claim amounts appear on this page when claims and net totals reconcile.

What type of tenancy dispute was case 4837020?

The primary dispute was Rent arrears. Related themes: Cleanliness.

Where can I read the official tribunal order for case 4837020?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/10660049-Tenancy_Tribunal_Order.pdf.

Unit/Flat 1, 12 Ervine Place, Bucklands Beach, Auckland Tenancy Tribunal Case 4837020 — Rent arrears

Order

Jin Huai Ye must pay Liyi Property Limited $2,208.01 immediately, calculated as shown in table below.
The Bond Centre is to pay the bond of $1,197.00 (3038017-005) to Liyi Property Limited immediately.

Reasons

Yao Chu Zhu attended the hearing for the landlord. The tenant did not attend. The hearing proceeded in the tenant’s absence.
The landlord has applied for rent arrears, compensation, reimbursement of the filing fee, and payment over of the bond following the end of the tenancy.
On about 23 January 2024, the landlord discovered the tenant had moved out without giving notice.
The landlord re-tenanted the property on 25 January, but at a rental of about $60.00 per week less than he would have otherwise rented the premises, due to having to attend to cleaning, mowing, rubbish removal, and repairs.

How much is owed for rent and water?

The landlord provided rent records and water rates invoices which prove the amounts owing at the end of the tenancy.
I order compensation of $60.00 per week for four weeks to account for the landlord’s reduced rental income while work was done to bring the property back to a reasonable condition due to the tenant’s breaches.

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. 1 The tenant must also replace standard light bulbs.
The tenant did not leave the premises reasonably clean and tidy (including not mowing the lawn) and did not remove all rubbish.
I do not make an order for replacement of lightbulbs, or a smoke alarm as requested because Ms Zhu did not produce photographs, receipts, or invoices.
I allow $100.00 for cleaning, $300.00 for rubbish removal, and $50.00 for mowing. Mr Zhu produced photographs that showed the tenant had breached their duties in that regard. He says he paid cash to remedy these and therefore has no receipt. I am prepared to allow these amounts on this occasion without an invoice because I accept Mr Zhu’s evidence that he paid the cash he claims. 1 Residential Tenancies Act 1986 (RTA), s 40(1)(e)(ii)-(v).

Is the tenant responsible for the damage to the premises?

The landlord claims for the cost of fixing a hole in the floor, repairing door locks, and repairing the stove.
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. 2
Mr Zhu did not provide photographs to prove the floor damage did not exist at the beginning of the tenancy. The tenancy was a long one at almost 10 years, so ordinary wear and tear was inevitable. The hole in the floor appears to be due to water ingress. It is not clear what the mechanism for the damage was. Mr Zhu could not produce an invoice for the cost of repairing the floor, which he says he paid for by cash. There are too many unresolved issues with this claim. It is dismissed.
Similar concerns apply to the door locks. The claim for cost of those is dismissed.
The stove was about 10 years old. Stoves have an expected useful life of about eight years. The stove would therefore have had negligible remaining value even if the elements were working. This claim is dismissed also. Filing fee and bond
The tenant must reimburse the landlord for the filing fee.
The Bond Centre is to pay the bond to the landlord in the circumstances.

Order

Jin Huai Ye must pay Liyi Property Limited $2,208.01 immediately, calculated as shown in table below.
The Bond Centre is to pay the bond of $1,197.00 (3038017-005) to Liyi Property Limited immediately.

Reasons

Yao Chu Zhu attended the hearing for the landlord. The tenant did not attend. The hearing proceeded in the tenant’s absence.
The landlord has applied for rent arrears, compensation, reimbursement of the filing fee, and payment over of the bond following the end of the tenancy.
On about 23 January 2024, the landlord discovered the tenant had moved out without giving notice.
The landlord re-tenanted the property on 25 January, but at a rental of about $60.00 per week less than he would have otherwise rented the premises, due to having to attend to cleaning, mowing, rubbish removal, and repairs.

How much is owed for rent and water?

The landlord provided rent records and water rates invoices which prove the amounts owing at the end of the tenancy.
I order compensation of $60.00 per week for four weeks to account for the landlord’s reduced rental income while work was done to bring the property back to a reasonable condition due to the tenant’s breaches.

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. 1 The tenant must also replace standard light bulbs.
The tenant did not leave the premises reasonably clean and tidy (including not mowing the lawn) and did not remove all rubbish.
I do not make an order for replacement of lightbulbs, or a smoke alarm as requested because Ms Zhu did not produce photographs, receipts, or invoices.
I allow $100.00 for cleaning, $300.00 for rubbish removal, and $50.00 for mowing. Mr Zhu produced photographs that showed the tenant had breached their duties in that regard. He says he paid cash to remedy these and therefore has no receipt. I am prepared to allow these amounts on this occasion without an invoice because I accept Mr Zhu’s evidence that he paid the cash he claims. 1 Residential Tenancies Act 1986 (RTA), s 40(1)(e)(ii)-(v).

Is the tenant responsible for the damage to the premises?

The landlord claims for the cost of fixing a hole in the floor, repairing door locks, and repairing the stove.
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. 2
Mr Zhu did not provide photographs to prove the floor damage did not exist at the beginning of the tenancy. The tenancy was a long one at almost 10 years, so ordinary wear and tear was inevitable. The hole in the floor appears to be due to water ingress. It is not clear what the mechanism for the damage was. Mr Zhu could not produce an invoice for the cost of repairing the floor, which he says he paid for by cash. There are too many unresolved issues with this claim. It is dismissed.
Similar concerns apply to the door locks. The claim for cost of those is dismissed.
The stove was about 10 years old. Stoves have an expected useful life of about eight years. The stove would therefore have had negligible remaining value even if the elements were working. This claim is dismissed also. Filing fee and bond
The tenant must reimburse the landlord for the filing fee.
The Bond Centre is to pay the bond to the landlord in the circumstances.

Tenancy Tribunal case 4837020 — Rent arrears at Unit/Flat 1, 12 Ervine Place, Bucklands Beach, Auckland

Tenancy Tribunal case 4837020 — Rent arrears at Unit/Flat 1, 12 Ervine Place, Bucklands Beach, Auckland

Order

Reasons

How much is owed for rent and water?

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

Is the tenant responsible for the damage to the premises?

Property management

Order

Reasons

How much is owed for rent and water?

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

Is the tenant responsible for the damage to the premises?

Property management