What was the outcome of Tenancy Tribunal case 4899380?

The tribunal order states: Alex Farrell owes Barfoot & Thompson Limited As Agent For Zhuojun Wu

How much money was awarded in case 4899380?

Property Damage: $1,954.50 awarded to landlord

What type of tenancy dispute was case 4899380?

The primary dispute was Property damage.

Where can I read the official tribunal order for case 4899380?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/10790070-Tenancy_Tribunal_Order.pdf.

What was the outcome of Tenancy Tribunal case 4899380?

The tribunal order states: Alex Farrell owes Barfoot & Thompson Limited As Agent For Zhuojun Wu

How much money was awarded in case 4899380?

Property Damage: $1,954.50 awarded to landlord

What type of tenancy dispute was case 4899380?

The primary dispute was Property damage.

Where can I read the official tribunal order for case 4899380?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/10790070-Tenancy_Tribunal_Order.pdf.

22 Alamein Road, Panmure, Auckland 1072 Tenancy Tribunal Case 4899380 — Property damage

Claims and awards in Tenancy Tribunal application 4899380. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Tenant	Reason
used damage to the premises. The landlord may undertake the work to repair the damage and charge the tenant the costs of	$1,954.50		used damage to the premises. The landlord may undertake the work to repair the damage and charge the tenant the costs of

Order

Alex Farrell owes Barfoot & Thompson Limited As Agent For Zhuojun Wu $218.96 (“the debt”) being $198.52 for unpaid water rates and $20.44 for the filing fee for this application.
The tenant has caused damage to the premises. The landlord may undertake the work to repair the damage and charge the tenant the costs of this work up to $1,954.50. These costs may be treated as rent in arrears and enforced accordingly.

Reasons

Only the landlord’s agent attended the hearing. I am satisfied the tenant received notice of today’s hearing by email and SMS.
The landlord has applied for conditional termination of the tenancy, outgoings (water rates) and the costs of repairing damage caused by the tenant.

How much is owed for water rates?

The landlord provided water rates invoices, for the period 30 May 2024 to 30 July 2024, which prove the amount owing at the date of the hearing.

Should the tenant be liable for damage to the property?

The landlord claims that the tenant has not kept the interior of the premises clean and has damaged the interior by breaking a window in the dining room, and causing a hole in the side of the bath. On the exterior of the premises, the landlord says the tenant has not kept the lawns reasonably tidy and has damaged the fence where a truck has been parked up against it. The landlord has also claimed for the cost of a smoke alarm testing service, however, at the hearing the landlord’s agent accepted this was not a cost the tenant is liable for.
After issuing a notice to remedy on 15 April 2024, the level of cleanliness and damage were not remedied and the landlord wants to engage contractors to clean and fix the damage.
Under section 40(1)(a)-(e), Residential Tenancies Act 1986, a tenant has specific obligations in relation to the tenancy premises.
Where the Tribunal finds the tenant has failed to comply with any of these obligations, where appropriate it may make an order for the landlord to carry out the work. See section 78(1)(e) Residential Tenancies Act 1986.
A work order may authorise the landlord to undertake the work and charge the tenant the costs of doing the work. A monetary limit must be imposed by the Tribunal on the amount of costs that can be charged. These costs can be treated as rent in arrears and enforced accordingly. See sections 78(2AAB) and 78(2AAC)(a) Residential Tenancies Act 1986.
As set out in more detail below, I find the tenant is liable for damage to the property and failing to keep it reasonably clean. The table below sets out the estimated costs of cleaning and repair as supported by quotes provided by the landlord. Description Repairs: Glass window$149.50 Repairs: Exterior fence$80.50 Repairs: Bath panel$517.50 Cleaning: Bathroom and entry$207.00 Lawns and Garden work$1,000.00 Total cost$1,954.50

Has the tenant failed to comply with their obligations?

The landlord’s agent provided copies of photos taken at three different times: the first in 2021 shortly before the start of the tenancy, a second set taken on 17/11/22 during a routine inspection and a third set taken on 15/04/24, which resulted in the issuing of a 14-day notice to remedy. During the routine inspection on 17/11/22 the premises were found to be in good condition, with no issues regarding cleanliness or damage.
The photos taken in 2021 and 2022 show the home in good condition and clean and tidy. In those photos, the glass window in the dining room is intact, and the panel on the side of the bath is unbroken. In photos of the exterior, the grounds appear tidy, with the lawns mowed and only a few weeds around the driveway areas.
By contrast, the photos taken on 15/04/2024 show the interior of the home in an untidy state with mould and cobwebs visible. The glass of one window in the dining room is broken, and the panel on the side of the bath has a substantial hole. The exterior of the property is generally untidy with weeds overgrowing the driveway and the lawns unkept. On the date the photos were taken, a truck was parked up against the front fence of the property, causing the fence to be on a lean.
The landlord provided quotes from contractors for the cleaning of the interior (bathroom and entry only), repair of the broken glass window, repair of the bath panel, and exterior work including fixing the fence and tidying the grounds. The quotes are reasonable for the damage caused.
The landlord did not provide photos to show the damage had not been remedied however that was his evidence. As the tenant did not attend the hearing, nor file any evidence prior to the hearing to dispute the claims, I accept the landlord’s evidence that the damage has not been remedied.
Accordingly, I make an order to authorise the landlord to undertake the work required to remedy the tenant’s breaches and to charge the tenant the costs of doing the work up to the limit stated at [2].

Should the tenant reimbursement the landlord for the filing fee?

As Barfoot & Thompson Limited As Agent For Zhuojun Wu has substantially succeeded with the claim the tenant must reimburse the filing fee.

Should a conditional termination order be made?

During the hearing, I indicated to the landlord’s agent that a conditional termination order would be made on the terms sought. However, after reflecting on the evidence and the applicable legislation, I have determined grounds do not exist for a conditional termination order.
Where the tenant has committed a breach of any provision of the tenancy agreement, and the breach is capable of remedy, the landlord must give the tenant written notice to remedy the breach within a reasonable period, being not less than 14 days. If the tenant fails to remedy the breach within the required period, the Tribunal may make an order terminating the tenancy if satisfied that the breach is of such a nature or of such an extent that it would be inequitable to refuse to make an order terminating the tenancy. See section 56(1) Residential Tenancies Act 1986.
Where an application is made by a landlord under s56(1) and the Tribunal is satisfied that at the time of determining the matter the landlord could have made an application under section 55, the Tribunal shall determine the matter as if an application had been made under that section. A conditional termination order can only be made under s55(1A). In order for the Tribunal to consider an application for termination under section 55, the tenant must be at least 21 days in arrears. See sections 56, 55(1)(a) and (1A) Residential Tenancies Act 1986.
In their application, the landlord did not apply for rent arrears. The landlord sought termination under s56 for failure to remedy a breach pursuant to a notice issued on 15 April 2024 relating to the premises’ cleanliness and damage. As at the date of the hearing, the landlord’s agent gave evidence that the tenant was in rent arrears, however accepted that claim for arrears had not formed a part of the original application. The landlord’s agent stated the tenant’s rent arrears totalled $1,216.00 at the date of hearing, being just less than 14 days arrears.
Given this, as at the date of the hearing, the landlord could not have made an application for termination under s55 as the rent arrears to date (if proven) were not at least 21 days in arrears. Accordingly, there are no grounds to grant a conditional termination order.
The landlord’s agent submitted the landlord did not wish to seek immediate termination under s56(1) at this time. Given that, I dismiss the application for a termination.

Claims and awards in Tenancy Tribunal application 4899380. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Tenant	Reason
used damage to the premises. The landlord may undertake the work to repair the damage and charge the tenant the costs of	$1,954.50		used damage to the premises. The landlord may undertake the work to repair the damage and charge the tenant the costs of

Order

Alex Farrell owes Barfoot & Thompson Limited As Agent For Zhuojun Wu $218.96 (“the debt”) being $198.52 for unpaid water rates and $20.44 for the filing fee for this application.
The tenant has caused damage to the premises. The landlord may undertake the work to repair the damage and charge the tenant the costs of this work up to $1,954.50. These costs may be treated as rent in arrears and enforced accordingly.

Reasons

Only the landlord’s agent attended the hearing. I am satisfied the tenant received notice of today’s hearing by email and SMS.
The landlord has applied for conditional termination of the tenancy, outgoings (water rates) and the costs of repairing damage caused by the tenant.

How much is owed for water rates?

The landlord provided water rates invoices, for the period 30 May 2024 to 30 July 2024, which prove the amount owing at the date of the hearing.

Should the tenant be liable for damage to the property?

The landlord claims that the tenant has not kept the interior of the premises clean and has damaged the interior by breaking a window in the dining room, and causing a hole in the side of the bath. On the exterior of the premises, the landlord says the tenant has not kept the lawns reasonably tidy and has damaged the fence where a truck has been parked up against it. The landlord has also claimed for the cost of a smoke alarm testing service, however, at the hearing the landlord’s agent accepted this was not a cost the tenant is liable for.
After issuing a notice to remedy on 15 April 2024, the level of cleanliness and damage were not remedied and the landlord wants to engage contractors to clean and fix the damage.
Under section 40(1)(a)-(e), Residential Tenancies Act 1986, a tenant has specific obligations in relation to the tenancy premises.
Where the Tribunal finds the tenant has failed to comply with any of these obligations, where appropriate it may make an order for the landlord to carry out the work. See section 78(1)(e) Residential Tenancies Act 1986.
A work order may authorise the landlord to undertake the work and charge the tenant the costs of doing the work. A monetary limit must be imposed by the Tribunal on the amount of costs that can be charged. These costs can be treated as rent in arrears and enforced accordingly. See sections 78(2AAB) and 78(2AAC)(a) Residential Tenancies Act 1986.
As set out in more detail below, I find the tenant is liable for damage to the property and failing to keep it reasonably clean. The table below sets out the estimated costs of cleaning and repair as supported by quotes provided by the landlord. Description Repairs: Glass window$149.50 Repairs: Exterior fence$80.50 Repairs: Bath panel$517.50 Cleaning: Bathroom and entry$207.00 Lawns and Garden work$1,000.00 Total cost$1,954.50

Has the tenant failed to comply with their obligations?

The landlord’s agent provided copies of photos taken at three different times: the first in 2021 shortly before the start of the tenancy, a second set taken on 17/11/22 during a routine inspection and a third set taken on 15/04/24, which resulted in the issuing of a 14-day notice to remedy. During the routine inspection on 17/11/22 the premises were found to be in good condition, with no issues regarding cleanliness or damage.
The photos taken in 2021 and 2022 show the home in good condition and clean and tidy. In those photos, the glass window in the dining room is intact, and the panel on the side of the bath is unbroken. In photos of the exterior, the grounds appear tidy, with the lawns mowed and only a few weeds around the driveway areas.
By contrast, the photos taken on 15/04/2024 show the interior of the home in an untidy state with mould and cobwebs visible. The glass of one window in the dining room is broken, and the panel on the side of the bath has a substantial hole. The exterior of the property is generally untidy with weeds overgrowing the driveway and the lawns unkept. On the date the photos were taken, a truck was parked up against the front fence of the property, causing the fence to be on a lean.
The landlord provided quotes from contractors for the cleaning of the interior (bathroom and entry only), repair of the broken glass window, repair of the bath panel, and exterior work including fixing the fence and tidying the grounds. The quotes are reasonable for the damage caused.
The landlord did not provide photos to show the damage had not been remedied however that was his evidence. As the tenant did not attend the hearing, nor file any evidence prior to the hearing to dispute the claims, I accept the landlord’s evidence that the damage has not been remedied.
Accordingly, I make an order to authorise the landlord to undertake the work required to remedy the tenant’s breaches and to charge the tenant the costs of doing the work up to the limit stated at [2].

Should the tenant reimbursement the landlord for the filing fee?

As Barfoot & Thompson Limited As Agent For Zhuojun Wu has substantially succeeded with the claim the tenant must reimburse the filing fee.

Should a conditional termination order be made?

During the hearing, I indicated to the landlord’s agent that a conditional termination order would be made on the terms sought. However, after reflecting on the evidence and the applicable legislation, I have determined grounds do not exist for a conditional termination order.
Where the tenant has committed a breach of any provision of the tenancy agreement, and the breach is capable of remedy, the landlord must give the tenant written notice to remedy the breach within a reasonable period, being not less than 14 days. If the tenant fails to remedy the breach within the required period, the Tribunal may make an order terminating the tenancy if satisfied that the breach is of such a nature or of such an extent that it would be inequitable to refuse to make an order terminating the tenancy. See section 56(1) Residential Tenancies Act 1986.
Where an application is made by a landlord under s56(1) and the Tribunal is satisfied that at the time of determining the matter the landlord could have made an application under section 55, the Tribunal shall determine the matter as if an application had been made under that section. A conditional termination order can only be made under s55(1A). In order for the Tribunal to consider an application for termination under section 55, the tenant must be at least 21 days in arrears. See sections 56, 55(1)(a) and (1A) Residential Tenancies Act 1986.
In their application, the landlord did not apply for rent arrears. The landlord sought termination under s56 for failure to remedy a breach pursuant to a notice issued on 15 April 2024 relating to the premises’ cleanliness and damage. As at the date of the hearing, the landlord’s agent gave evidence that the tenant was in rent arrears, however accepted that claim for arrears had not formed a part of the original application. The landlord’s agent stated the tenant’s rent arrears totalled $1,216.00 at the date of hearing, being just less than 14 days arrears.
Given this, as at the date of the hearing, the landlord could not have made an application for termination under s55 as the rent arrears to date (if proven) were not at least 21 days in arrears. Accordingly, there are no grounds to grant a conditional termination order.
The landlord’s agent submitted the landlord did not wish to seek immediate termination under s56(1) at this time. Given that, I dismiss the application for a termination.

Tenancy Tribunal case 4899380 — Property damage at 22 Alamein Road, Panmure, Auckland 1072

At a glance

Tenancy Tribunal case 4899380 — Property damage at 22 Alamein Road, Panmure, Auckland 1072

At a glance

Claims & awards

Order

Reasons

How much is owed for water rates?

Should the tenant be liable for damage to the property?

Has the tenant failed to comply with their obligations?

Should the tenant reimbursement the landlord for the filing fee?

Should a conditional termination order be made?

Topics & place

Residential Tenancies Act sections

Key findings

Property management

Frequently asked questions

Claims & awards

Order

Reasons

How much is owed for water rates?

Should the tenant be liable for damage to the property?

Has the tenant failed to comply with their obligations?

Should the tenant reimbursement the landlord for the filing fee?

Should a conditional termination order be made?

Topics & place

Residential Tenancies Act sections

Key findings

Property management

Frequently asked questions