What was the outcome of Tenancy Tribunal case 4876961?

The tribunal order states: Annie L Harvey Georgia Boult and Lutha Harvey must pay Fair Rentals Limited

How much money was awarded in case 4876961?

Cleaning: $380.00 awarded to landlord; Filing Fee: $20.44 awarded to landlord; Property Damage: $198.38 awarded to landlord; Removing Concrete: $1,380.00 awarded to landlord; Rent Arrears: $1,064.00 awarded to landlord; Rubbish Removal: $560.63 awarded to landlord; Water Rates: $1,083.01 awarded to landlord

What type of tenancy dispute was case 4876961?

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

Where can I read the official tribunal order for case 4876961?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/11063300-Tribunal_Order.pdf.

What was the outcome of Tenancy Tribunal case 4876961?

The tribunal order states: Annie L Harvey Georgia Boult and Lutha Harvey must pay Fair Rentals Limited

How much money was awarded in case 4876961?

Cleaning: $380.00 awarded to landlord; Filing Fee: $20.44 awarded to landlord; Property Damage: $198.38 awarded to landlord; Removing Concrete: $1,380.00 awarded to landlord; Rent Arrears: $1,064.00 awarded to landlord; Rubbish Removal: $560.63 awarded to landlord; Water Rates: $1,083.01 awarded to landlord

What type of tenancy dispute was case 4876961?

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

Where can I read the official tribunal order for case 4876961?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/11063300-Tribunal_Order.pdf.

Flat 1, 233 Glengarry Road, Glen Eden, Auckland 0602 Tenancy Tribunal Case 4876961 — Rent arrears

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Flat 1, 233 Glengarry Road, Glen Eden, Auckland 0602 Tenancy Tribunal Case 4876961 — Rent arrears | TenantCheck

Claims & awards

What this tenancy cost at tribunal — claim, category, amount, and party awarded, with reconciled net total.

Claims and awards in Tenancy Tribunal application 4876961 — net $2,166.46 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
994787-005) to Fair Rentals Limited. This amount is to be deducted from the tenants’ debt under this order. Rent arrears	$1,064.00	994787-005) to Fair Rentals Limited. This amount is to be deducted from the tenants’ debt under this order. Rent arrears
Water rates	$1,083.01	Water rates
Cleaning	$380.00	Cleaning
Removing concrete	$1,380.00	Removing concrete
Rubbish removal	$560.63	Rubbish removal
Wall repair	$198.38	Wall repair
Filing fee reimbursement	$20.44	Filing fee reimbursement
Net award	$2,166.46
Total payable by Tenant to Landlord	$2,166.46

Claims and awards for application 4876961 — net $2,166.46 NZD. Verify on MoJ.

994787-005) to Fair Rentals Limited. This amount is to be deducted from the tenants’ debt under this order. Rent arrears

Amount: $1,064.00
Awarded to: Landlord
Reason: 994787-005) to Fair Rentals Limited. This amount is to be deducted from the tenants’ debt under this order. Rent arrears

Water rates

Amount: $1,083.01
Awarded to: Landlord
Reason: Water rates

Cleaning

Amount: $380.00
Awarded to: Landlord
Reason: Cleaning

Removing concrete

Amount: $1,380.00
Awarded to: Landlord
Reason: Removing concrete

Rubbish removal

Amount: $560.63
Awarded to: Landlord
Reason

Claim types — money lines allowed on this order

Cleanliness Filing Fee Property damage Rent arrears Rubbish Removal Water Rates

Order

Annie L Harvey Georgia Boult and Lutha Harvey must pay Fair Rentals Limited $2,166.46 immediately, calculated as shown in table below.
The Bond Centre has paid the bond of $2,520.00 (5994787-005) to Fair Rentals Limited. This amount is to be deducted from the tenants’ debt under this order. Rent arrears to 22 August 2023$1,064.00 Water rates$1,083.01 Cleaning$380.00 Removing concrete$1,380.00 Rubbish removal$560.63 Wall repair$198.38 Filing fee reimbursement$20.44 Total award$4,686.46 Bond$2,520.00 Total payable by Tenant to Landlord$2,166.46

Reasons

Ms Boult attended the hearing for herself .
The landlord has applied for rent and water 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 22 August 2023. The landlord provided rent records and water rates invoices which proved the amounts owing at the end of the tenancy.
The final amounts were agreed at mediation and the Tribunal orders those.

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

At the end of the tenancy, tenants must leave the premises reasonably clean and tidy and remove all rubbish. 1
The tenants did not leave the premises reasonably clean and tidy and did not remove all rubbish.
The amounts ordered for cleaning and rubbish and concrete removal are proved.

Are the tenants responsible for the damage to the premises?

The landlord claimed for alleged damage to a wall, back door window, and a moisture barrier.
To succeed in a damage claim, landlords 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
Ms Bourke accepted liability for a small hole in the wall which was accidentally caused during the tenancy. She denied the tenants had damaged the back door, which she pointed out to the property manager was not locking properly. A 1 Residential Tenancies Act 1986 (RTA), s 40(1)(e)(iii). 2 RTA, ss 40(2)(a), 41, and 49B. repair was done, but it only lasted a day, and the lock was not repaired again during the tenancy.
Ms Bourke says the premises never had a moisture barrier. She thinks one of new property managers (of which there were several) must have mistaken the other tenant’s work-related plastic sheeting as a damaged moisture barrier. The landlord’s recently filed Healthy Homes Standards Report confirms the premises did not have a moisture barrier at the date of the report.
The landlord’s exit inspection report and photographs do not show that the back door was damaged beyond fair wear and tear during the tenancy
I do not find it proven on the balance of probabilities that the door or a moisture barrier were damaged beyond fair wear and tear during the tenancy.
The amount ordered for the wall damage is proved. Filing fee
The tenants must reimburse the landlord for the filing fee. Bond
The bond has already been paid out to the landlord but must be applied to this order.

Claims & awards

What this tenancy cost at tribunal — claim, category, amount, and party awarded, with reconciled net total.

Claims and awards in Tenancy Tribunal application 4876961 — net $2,166.46 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
994787-005) to Fair Rentals Limited. This amount is to be deducted from the tenants’ debt under this order. Rent arrears	$1,064.00	994787-005) to Fair Rentals Limited. This amount is to be deducted from the tenants’ debt under this order. Rent arrears
Water rates	$1,083.01	Water rates
Cleaning	$380.00	Cleaning
Removing concrete	$1,380.00	Removing concrete
Rubbish removal	$560.63	Rubbish removal
Wall repair	$198.38	Wall repair
Filing fee reimbursement	$20.44	Filing fee reimbursement
Net award	$2,166.46
Total payable by Tenant to Landlord	$2,166.46

Claims and awards for application 4876961 — net $2,166.46 NZD. Verify on MoJ.

994787-005) to Fair Rentals Limited. This amount is to be deducted from the tenants’ debt under this order. Rent arrears

Amount: $1,064.00
Awarded to: Landlord
Reason: 994787-005) to Fair Rentals Limited. This amount is to be deducted from the tenants’ debt under this order. Rent arrears

Water rates

Amount: $1,083.01
Awarded to: Landlord
Reason: Water rates

Cleaning

Amount: $380.00
Awarded to: Landlord
Reason: Cleaning

Removing concrete

Amount: $1,380.00
Awarded to: Landlord
Reason: Removing concrete

Rubbish removal

Amount: $560.63
Awarded to: Landlord
Reason

Claim types — money lines allowed on this order

Cleanliness Filing Fee Property damage Rent arrears Rubbish Removal Water Rates

Order

Annie L Harvey Georgia Boult and Lutha Harvey must pay Fair Rentals Limited $2,166.46 immediately, calculated as shown in table below.
The Bond Centre has paid the bond of $2,520.00 (5994787-005) to Fair Rentals Limited. This amount is to be deducted from the tenants’ debt under this order. Rent arrears to 22 August 2023$1,064.00 Water rates$1,083.01 Cleaning$380.00 Removing concrete$1,380.00 Rubbish removal$560.63 Wall repair$198.38 Filing fee reimbursement$20.44 Total award$4,686.46 Bond$2,520.00 Total payable by Tenant to Landlord$2,166.46

Reasons

Ms Boult attended the hearing for herself .
The landlord has applied for rent and water 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 22 August 2023. The landlord provided rent records and water rates invoices which proved the amounts owing at the end of the tenancy.
The final amounts were agreed at mediation and the Tribunal orders those.

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

At the end of the tenancy, tenants must leave the premises reasonably clean and tidy and remove all rubbish. 1
The tenants did not leave the premises reasonably clean and tidy and did not remove all rubbish.
The amounts ordered for cleaning and rubbish and concrete removal are proved.

Are the tenants responsible for the damage to the premises?

The landlord claimed for alleged damage to a wall, back door window, and a moisture barrier.
To succeed in a damage claim, landlords 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
Ms Bourke accepted liability for a small hole in the wall which was accidentally caused during the tenancy. She denied the tenants had damaged the back door, which she pointed out to the property manager was not locking properly. A 1 Residential Tenancies Act 1986 (RTA), s 40(1)(e)(iii). 2 RTA, ss 40(2)(a), 41, and 49B. repair was done, but it only lasted a day, and the lock was not repaired again during the tenancy.
Ms Bourke says the premises never had a moisture barrier. She thinks one of new property managers (of which there were several) must have mistaken the other tenant’s work-related plastic sheeting as a damaged moisture barrier. The landlord’s recently filed Healthy Homes Standards Report confirms the premises did not have a moisture barrier at the date of the report.
The landlord’s exit inspection report and photographs do not show that the back door was damaged beyond fair wear and tear during the tenancy
I do not find it proven on the balance of probabilities that the door or a moisture barrier were damaged beyond fair wear and tear during the tenancy.
The amount ordered for the wall damage is proved. Filing fee
The tenants must reimburse the landlord for the filing fee. Bond
The bond has already been paid out to the landlord but must be applied to this order.

Tenancy Tribunal case 4876961 — Rent arrears at Flat 1, 233 Glengarry Road, Glen Eden, Auckland 0602

At a glance

Tenancy Tribunal case 4876961 — Rent arrears at Flat 1, 233 Glengarry Road, Glen Eden, Auckland 0602

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?

Are the tenants 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?

Are the tenants responsible for the damage to the premises?

Topics & place

Residential Tenancies Act sections

Key findings

Property management

Frequently asked questions