What was the outcome of Tenancy Tribunal case 4850263?

The tribunal order states: Shangxiong Wesley Ru and Zehui Zoe Yang must pay West Management

How much money was awarded in case 4850263?

Filing Fee: $20.44 awarded to landlord; Rent Arrears: $6,336.00 awarded to landlord; Toilet Seat: $66.69 awarded to landlord; Water Rates: $359.63 awarded to landlord

What type of tenancy dispute was case 4850263?

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

Where can I read the official tribunal order for case 4850263?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/10680759-Tenancy_Tribunal_Order.pdf.

What was the outcome of Tenancy Tribunal case 4850263?

The tribunal order states: Shangxiong Wesley Ru and Zehui Zoe Yang must pay West Management

How much money was awarded in case 4850263?

Filing Fee: $20.44 awarded to landlord; Rent Arrears: $6,336.00 awarded to landlord; Toilet Seat: $66.69 awarded to landlord; Water Rates: $359.63 awarded to landlord

What type of tenancy dispute was case 4850263?

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

Where can I read the official tribunal order for case 4850263?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/10680759-Tenancy_Tribunal_Order.pdf.

Unit/Flat 5, 58 Te Atatu Road, Te Atatu South, Auckland Tenancy Tribunal Case 4850263 — Rent arrears

Reasons

Claims and awards in Tenancy Tribunal application 4850263 — net $4,892.76 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears	$6,336.00	Rent arrears
Water rates	$359.63	Water rates
Repairs: Toilet seat	$66.69	Repairs: Toilet seat
Filing fee reimbursement	$20.44	Filing fee reimbursement
Net award	$4,892.76
Total payable by Tenant to Landlord	$4,892.76

Both parties attended the hearing. Shangxiong Ru attended for the whole hearing; Zehui Yang arrived 15 minutes after the hearing began and left early.

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 and water rates?

The tenancy ended on 13 March 2024. The landlord provided rent records and water rates invoices which prove the amount owing at the end of the tenancy is $6,336.00 for rent and $359.63 for water rates.

Mr Ru did not dispute these amounts but stated that he didn’t consider himself liable for the rent arrears. Mr Ru explained that part way through the tenancy he and his partner separated and his partner moved out and stopped paying her portion of the rent, which is how the debt arose.

Before she left, Ms Yang said she didn’t dispute the debt but she believed it was a 50/50 liability which she had no ability to pay.

I find the rent arrears and water rates amounts proved.

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.

Mr Teague, the landlord, produced photographs from the exit inspection which he claims shows the property to be less than reasonably clean and tidy. Mr Teague is claiming $200.00 for cleaning and produced an invoice for this amount.

Mr Ru said that before he moved out he cleaned the whole house. Mr Ru provided a video that he took at the end of the tenancy.

I can see from the photos and the video that the premises hasn’t been left spotless, but this isn’t the required standard; the required standard is reasonably clean and tidy and my view is that the premises was definitely left reasonably clean and tidy.

The claim for cleaning costs is not proved.

Mr Teague claimed $60.00 for lawnmowing and produced an invoice and photographs in support.

Mr Ru disputed that the lawn was left long, and he says he borrowed a weeding machine and cut the grass on 3 March 2024, approximately two weeks before the end of the tenancy. The video Mr Ru produced, shows the grass to be long.

I find the claim for lawn mowing costs proved.

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.

Mr Teague claimed $74.11 for a broken toilet seat and produced an invoice and photographs in support. The house and the toilet seat were brand new at the beginning of the tenancy.

Mr Ru stated that the toilet seat broke in general use and he suggested there was a quality problem with the toilet seat. No evidence in support of this claim was produced. Mr Ru says he tried to email Mr Teague about the damage but had the wrong email.

The damage is more than fair wear and tear. The claim is proved. In awarding an amount I have taken into account general depreciation.

Because West Management Limited has wholly succeeded with the claim I must reimburse the filing fee.

Claims and awards in Tenancy Tribunal application 4850263 — net $4,892.76 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears	$6,336.00	Rent arrears
Water rates	$359.63	Water rates
Repairs: Toilet seat	$66.69	Repairs: Toilet seat
Filing fee reimbursement	$20.44	Filing fee reimbursement
Net award	$4,892.76
Total payable by Tenant to Landlord	$4,892.76

Order

Shangxiong Wesley Ru and Zehui Zoe Yang must pay West Management Limited $4,892.76 immediately, calculated as shown in the table below.
The Bond Centre is to pay the bond of $1,890.00 (6525895-006) to West Management Limited immediately.

Reasons

Both parties attended the hearing. Shangxiong Ru attended for the whole hearing; Zehui Yang arrived 15 minutes after the hearing began and left early.
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 and water rates?

The tenancy ended on 13 March 2024. The landlord provided rent records and water rates invoices which prove the amount owing at the end of the tenancy is $6,336.00 for rent and $359.63 for water rates.
Mr Ru did not dispute these amounts but stated that he didn’t consider himself liable for the rent arrears. Mr Ru explained that part way through the tenancy he and his partner separated and his partner moved out and stopped paying her portion of the rent, which is how the debt arose.
Before she left, Ms Yang said she didn’t dispute the debt but she believed it was a 50/50 liability which she had no ability to pay.
I find the rent arrears and water rates amounts proved.

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.
Mr Teague, the landlord, produced photographs from the exit inspection which he claims shows the property to be less than reasonably clean and tidy. Mr Teague is claiming $200.00 for cleaning and produced an invoice for this amount.
Mr Ru said that before he moved out he cleaned the whole house. Mr Ru provided a video that he took at the end of the tenancy.
I can see from the photos and the video that the premises hasn’t been left spotless, but this isn’t the required standard; the required standard is reasonably clean and tidy and my view is that the premises was definitely left reasonably clean and tidy.
The claim for cleaning costs is not proved.
Mr Teague claimed $60.00 for lawnmowing and produced an invoice and photographs in support.
Mr Ru disputed that the lawn was left long, and he says he borrowed a weeding machine and cut the grass on 3 March 2024, approximately two weeks before the end of the tenancy. The video Mr Ru produced, shows the grass to be long.
I find the claim for lawn mowing costs proved.

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.
Mr Teague claimed $74.11 for a broken toilet seat and produced an invoice and photographs in support. The house and the toilet seat were brand new at the beginning of the tenancy.
Mr Ru stated that the toilet seat broke in general use and he suggested there was a quality problem with the toilet seat. No evidence in support of this claim was produced. Mr Ru says he tried to email Mr Teague about the damage but had the wrong email.
The damage is more than fair wear and tear. The claim is proved. In awarding an amount I have taken into account general depreciation.
Because West Management Limited has wholly succeeded with the claim I must reimburse the filing fee.

Tenancy Tribunal case 4850263 — Rent arrears at Unit/Flat 5, 58 Te Atatu Road, Te Atatu South, Auckland

At a glance

Tenancy Tribunal case 4850263 — Rent arrears at Unit/Flat 5, 58 Te Atatu Road, Te Atatu South, 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