What was the outcome of Tenancy Tribunal case 4844740?

The tribunal order states: Valeti Sonia Lousiale must pay Staircase Property Management Limited Acting

How much money was awarded in case 4844740?

Rubbish Removal: $150.00 awarded to landlord; Electricity: $295.75 awarded to landlord; Filing Fee: $20.44 awarded to landlord; Rent Arrears: $2,693.57 awarded to landlord; And Garden Maintenance: $784.83 awarded to landlord; Water Rates: $329.52 awarded to landlord

What type of tenancy dispute was case 4844740?

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

Where can I read the official tribunal order for case 4844740?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/10625373-Tenancy_Tribunal_Order.pdf.

What was the outcome of Tenancy Tribunal case 4844740?

The tribunal order states: Valeti Sonia Lousiale must pay Staircase Property Management Limited Acting

How much money was awarded in case 4844740?

Rubbish Removal: $150.00 awarded to landlord; Electricity: $295.75 awarded to landlord; Filing Fee: $20.44 awarded to landlord; Rent Arrears: $2,693.57 awarded to landlord; And Garden Maintenance: $784.83 awarded to landlord; Water Rates: $329.52 awarded to landlord

What type of tenancy dispute was case 4844740?

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

Where can I read the official tribunal order for case 4844740?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/10625373-Tenancy_Tribunal_Order.pdf.

Unit/Flat G08, 28C Eileen Newey Place, Henderson, Tenancy Tribunal Case 4844740 — Rent arrears

Reasons

Claims and awards in Tenancy Tribunal application 4844740 — net $2,074.11 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears	$2,693.57	Rent arrears
Filing fee reimbursement	$20.44	Filing fee reimbursement
Water rates	$329.52	Water rates
Electricity	$295.75	Electricity
Repairs: and garden maintenance	$784.83	Repairs: and garden maintenance
Cleaning: and rubbish removal	$150.00	Cleaning: and rubbish removal
Net award	$2,074.11
Total payable by Tenant to Landlord	$2,074.11

Both parties attended the hearing by remote teleconference.

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, water and power?

The tenancy ended on 4 March 2024. The landlord provided rent records, power and water rates invoices which prove the amount owing at the end of the tenancy. Having sighted this evidence I am satisfied that the tenant is responsible for this debt.

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 landlord says that the tenant did not leave parts of the premises reasonably clean and tidy, and did not remove all rubbish.

The landlord provided exit inspection photographs taken on 4 March 2024. The photographs also included the outdoor area of the premises which the landlord says had to be weeded and mowed. The photographs confirm that the outdoor lawn area was not left in an acceptable condition at the conclusion of the tenancy.

I accept that there were some areas of the premises not left reasonably clean and tidy. I also accept that the tenant did not remove all rubbish and personal belongings. That being said the evidence provided does not support the amount claimed for cleaning and rubbish removal. I allow the claim but award a reduced amount which reflects the evidence provided.

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 careless, and occurs after 27 August 2019, section 49B RTA applies. If the landlord becomes aware of the damage after 27 August, the damage is presumed to have occurred after that date unless the tenant proves otherwise.

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.

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) 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) RTA.

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.

The landlord says that they had to replace broken window stays at the end of the tenancy. The tenant stated during the hearing that the neighbours broke the window stays.

The landlord also had to pay to remove a TV bracket from the lounge wall and repair the associated holes. The lounge wall also had to be replastered and repainted. The photographic evidence confirmed minor damage to a bedroom door. The invoice also included time in attendance weeding and mowing the back lawn which I have discussed above.

The invoice amount of $784.83 dated 11 March 2024 is reasonable. The damage is more than fair, wear and tear. A tenant is also responsible for damage to the property caused by other people.

The amounts ordered are proved.

Because Staircase Property Management Limited Acting Agent For Rob Bull has substantially succeeded with the claim I have reimbursed the filing fee.

Claims and awards in Tenancy Tribunal application 4844740 — net $2,074.11 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears	$2,693.57	Rent arrears
Filing fee reimbursement	$20.44	Filing fee reimbursement
Water rates	$329.52	Water rates
Electricity	$295.75	Electricity
Repairs: and garden maintenance	$784.83	Repairs: and garden maintenance
Cleaning: and rubbish removal	$150.00	Cleaning: and rubbish removal
Net award	$2,074.11
Total payable by Tenant to Landlord	$2,074.11

Order

Valeti Sonia Lousiale must pay Staircase Property Management Limited Acting Agent For Rob Bull $2,074.11 immediately, calculated as shown in table below.
The Bond Centre is to pay the bond of $2,200.00 (6503891-010) to Staircase Property Management Limited Acting Agent For Rob Bull immediately.

Reasons

Both parties attended the hearing by remote teleconference.
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, water and power?

The tenancy ended on 4 March 2024. The landlord provided rent records, power and water rates invoices which prove the amount owing at the end of the tenancy. Having sighted this evidence I am satisfied that the tenant is responsible for this debt.

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 landlord says that the tenant did not leave parts of the premises reasonably clean and tidy, and did not remove all rubbish.
The landlord provided exit inspection photographs taken on 4 March 2024. The photographs also included the outdoor area of the premises which the landlord says had to be weeded and mowed. The photographs confirm that the outdoor lawn area was not left in an acceptable condition at the conclusion of the tenancy.
I accept that there were some areas of the premises not left reasonably clean and tidy. I also accept that the tenant did not remove all rubbish and personal belongings. That being said the evidence provided does not support the amount claimed for cleaning and rubbish removal. I allow the claim but award a reduced amount which reflects the evidence provided.

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 careless, and occurs after 27 August 2019, section 49B RTA applies. If the landlord becomes aware of the damage after 27 August, the damage is presumed to have occurred after that date unless the tenant proves otherwise.
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.
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) 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) RTA.
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.
The landlord says that they had to replace broken window stays at the end of the tenancy. The tenant stated during the hearing that the neighbours broke the window stays.
The landlord also had to pay to remove a TV bracket from the lounge wall and repair the associated holes. The lounge wall also had to be replastered and repainted. The photographic evidence confirmed minor damage to a bedroom door. The invoice also included time in attendance weeding and mowing the back lawn which I have discussed above.
The invoice amount of $784.83 dated 11 March 2024 is reasonable. The damage is more than fair, wear and tear. A tenant is also responsible for damage to the property caused by other people.
The amounts ordered are proved.
Because Staircase Property Management Limited Acting Agent For Rob Bull has substantially succeeded with the claim I have reimbursed the filing fee.

Tenancy Tribunal case 4844740 — Rent arrears at Unit/Flat G08, 28C Eileen Newey Place, Henderson,

At a glance

Tenancy Tribunal case 4844740 — Rent arrears at Unit/Flat G08, 28C Eileen Newey Place, Henderson,

At a glance

Award balance

Claims & awards

Order

Reasons

How much is owed for rent, water and power?

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, water and power?

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