What was the outcome of Tenancy Tribunal case 4899483?

The tribunal order states: Aleson Sagalongos must pay Mog Limited T/A Angel Property Managers

How much money was awarded in case 4899483?

Filing Fee: $20.44 awarded to landlord; Property Damage: $4,275.93 awarded to landlord; Rent Arrears: $11,222.86 awarded to landlord; Rubbish Removal: $1,099.40 awarded to landlord

What type of tenancy dispute was case 4899483?

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

Where can I read the official tribunal order for case 4899483?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/10828928-Tenancy_Tribunal_Order.pdf.

What was the outcome of Tenancy Tribunal case 4899483?

The tribunal order states: Aleson Sagalongos must pay Mog Limited T/A Angel Property Managers

How much money was awarded in case 4899483?

Filing Fee: $20.44 awarded to landlord; Property Damage: $4,275.93 awarded to landlord; Rent Arrears: $11,222.86 awarded to landlord; Rubbish Removal: $1,099.40 awarded to landlord

What type of tenancy dispute was case 4899483?

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

Where can I read the official tribunal order for case 4899483?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/10828928-Tenancy_Tribunal_Order.pdf.

1 Marion Avenue, Mount Roskill, Auckland 1041 Tenancy Tribunal Case 4899483 — Rent arrears

Claims and awards in Tenancy Tribunal application 4899483 — net $16,618.63 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears	$11,222.86	Rent arrears
Repairs	$4,275.93	Repairs
Rubbish removal	$1,099.40	Rubbish removal
__________________________________________________________________________________ 48994832 Filing fee reimbursement	$20.44	__________________________________________________________________________________ 48994832 Filing fee reimbursement
Net award	$16,618.63
Total payable by Tenant to Landlord	$16,618.63

Order

Aleson Sagalongos must pay Mog Limited T/A Angel Property Managers $16,618.63 immediately, calculated as shown in table below.
Mog Limited T/A Angel Property Managers must take any personal documents belonging to the tenant, that have been left at the premises, to the nearest Police station and obtain a receipt for them.
The landlord shall dispose of the other goods left at the premises by the tenant by: a. selling all goods with a saleable value by public auction or by private contract at a reasonable market price, and b. disposing of all goods with no saleable value as the landlord sees fit.
The amount owing to the applicant out of the proceeds of any sale is $16,618.63.
Mog Limited T/A Angel Property Managers must pay the proceeds of any sale, less the amount owing, to the Bond Centre together with a copy of this order.

Reasons

The landlord attended the hearing. There was no appearance by the tenant.
The landlord has applied for rent arrears, compensation and reimbursement of the filing fee following the end of the tenancy.
The premises consist of a standalone two-bedroom house with one bathroom. The tenant was the only person officially residing there although the landlord states there were other persons staying there from time to time.
The landlord says that all work has been completed and paid for. No insurance claim was made due to the large insurance excess. Entry photographs were taken on 11 February 2020. The landlord estimates the house to be a ‘1990’s house’.

How much is owed for rent?

The tenancy ended on 2 April 2024. The landlord provided rent records which prove the amount owing at the end of the tenancy. Having sighted the landlord’s rent ledger I am satisfied that the tenant is responsible for this debt.
The landlord confirmed during the hearing that the bond has been released and applied towards the rent arrears.

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 tenant did not leave the premises reasonably clean and tidy and did not remove all rubbish.
The landlord provided photographic evidence of rubbish and personal belongings left behind by the tenant. Having sighted this evidence I am satisfied that the tenant did not remove all rubbish and leave the premises reasonably clean and tidy. I consider the amount claim reasonable.
The amount ordered is 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.
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 claims that the tenant damaged the following items during the tenancy: a. Damage to external door and laundry door b. Damage to two bedroom doors c. Damage to walls d. Damage to French door glass e. Damage to 4 separate windows Damage to external door and laundry door:
The landlord says that the tenant has kicked and put a hole in the door. The laundry door had been kicked and the entrance door had been punched. Photographic evidence was provided by the landlord in support of this claim. The total claimed for the two doors is $963.24. Both doors had to be replaced. Damage to bedroom doors:
The landlord says that two internal bedroom doors had been kicked and damaged beyond repair. Both doors had to be replaced including the door handles. The total amount claimed for these two doors is $704.49. Photographic evidence in support of these claims was provided by the landlord.
The landlord also provided evidence of the labour charge for replacement of all doors. Damage to walls:
The landlord says that the tenant damaged multiple walls throughout the house. The damage appeared to be a result of punching of the walls in bedroom one and bedroom two. The tenant had also ripped off the wallpaper in the hallway and then plastered white paint over the top. There was also damage done to the laundry wall. The total amount claimed is $1239.70. Photographic evidence was provided in support of this claim. Damage to French door glass:
The landlord claims that the tenant damaged the French door glass which required replacing. Photographic evidence was provided in support of this claim. Total amount claimed is $391.00. Window glass repair:
The landlord says that the tenant damaged 4 separate windows in the house which had to be repaired. The landlord provided photographic evidence in support of this claim. The total amount claimed is $345.00.
Having carefully considered the photographic evidence in support of the above claims I am satisfied that the damage caused is intentional and that the tenant is responsible for the associated damage.
The amounts ordered are proved. Disposal of goods left behind:
The landlord has applied for the disposal of goods that the tenant left at the premises at the end of the tenancy.
The landlord: a. is unable to contact the tenant.
The landlord stated during the hearing that the tenant left behind a musical instrument, namely an organ. It is not practicable for the landlord to the return the goods to the tenant. Some of the goods have a value above the cost of storing, transporting and selling them. The landlord must sell these goods at a reasonable market price.
The landlord may deduct any amount owing from the sale proceeds, and must pay the balance to the Bond Centre. See sections 62(3)(b), 62B(2),(3) and (4), 62C(1)(b),(2) and (3) Residential Tenancies Act 1986).
The landlord may dispose of any goods that have no saleable value.
Because Mog Limited T/A Angel Property Managers has wholly succeeded with the claim I must reimburse the filing fee.
The bond has been released and applied towards the rent arrears. Accordingly, I make no order in respect of the bond.

Claims and awards in Tenancy Tribunal application 4899483 — net $16,618.63 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears	$11,222.86	Rent arrears
Repairs	$4,275.93	Repairs
Rubbish removal	$1,099.40	Rubbish removal
__________________________________________________________________________________ 48994832 Filing fee reimbursement	$20.44	__________________________________________________________________________________ 48994832 Filing fee reimbursement
Net award	$16,618.63
Total payable by Tenant to Landlord	$16,618.63

Order

Aleson Sagalongos must pay Mog Limited T/A Angel Property Managers $16,618.63 immediately, calculated as shown in table below.
Mog Limited T/A Angel Property Managers must take any personal documents belonging to the tenant, that have been left at the premises, to the nearest Police station and obtain a receipt for them.
The landlord shall dispose of the other goods left at the premises by the tenant by: a. selling all goods with a saleable value by public auction or by private contract at a reasonable market price, and b. disposing of all goods with no saleable value as the landlord sees fit.
The amount owing to the applicant out of the proceeds of any sale is $16,618.63.
Mog Limited T/A Angel Property Managers must pay the proceeds of any sale, less the amount owing, to the Bond Centre together with a copy of this order.

Reasons

The landlord attended the hearing. There was no appearance by the tenant.
The landlord has applied for rent arrears, compensation and reimbursement of the filing fee following the end of the tenancy.
The premises consist of a standalone two-bedroom house with one bathroom. The tenant was the only person officially residing there although the landlord states there were other persons staying there from time to time.
The landlord says that all work has been completed and paid for. No insurance claim was made due to the large insurance excess. Entry photographs were taken on 11 February 2020. The landlord estimates the house to be a ‘1990’s house’.

How much is owed for rent?

The tenancy ended on 2 April 2024. The landlord provided rent records which prove the amount owing at the end of the tenancy. Having sighted the landlord’s rent ledger I am satisfied that the tenant is responsible for this debt.
The landlord confirmed during the hearing that the bond has been released and applied towards the rent arrears.

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 tenant did not leave the premises reasonably clean and tidy and did not remove all rubbish.
The landlord provided photographic evidence of rubbish and personal belongings left behind by the tenant. Having sighted this evidence I am satisfied that the tenant did not remove all rubbish and leave the premises reasonably clean and tidy. I consider the amount claim reasonable.
The amount ordered is 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.
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 claims that the tenant damaged the following items during the tenancy: a. Damage to external door and laundry door b. Damage to two bedroom doors c. Damage to walls d. Damage to French door glass e. Damage to 4 separate windows Damage to external door and laundry door:
The landlord says that the tenant has kicked and put a hole in the door. The laundry door had been kicked and the entrance door had been punched. Photographic evidence was provided by the landlord in support of this claim. The total claimed for the two doors is $963.24. Both doors had to be replaced. Damage to bedroom doors:
The landlord says that two internal bedroom doors had been kicked and damaged beyond repair. Both doors had to be replaced including the door handles. The total amount claimed for these two doors is $704.49. Photographic evidence in support of these claims was provided by the landlord.
The landlord also provided evidence of the labour charge for replacement of all doors. Damage to walls:
The landlord says that the tenant damaged multiple walls throughout the house. The damage appeared to be a result of punching of the walls in bedroom one and bedroom two. The tenant had also ripped off the wallpaper in the hallway and then plastered white paint over the top. There was also damage done to the laundry wall. The total amount claimed is $1239.70. Photographic evidence was provided in support of this claim. Damage to French door glass:
The landlord claims that the tenant damaged the French door glass which required replacing. Photographic evidence was provided in support of this claim. Total amount claimed is $391.00. Window glass repair:
The landlord says that the tenant damaged 4 separate windows in the house which had to be repaired. The landlord provided photographic evidence in support of this claim. The total amount claimed is $345.00.
Having carefully considered the photographic evidence in support of the above claims I am satisfied that the damage caused is intentional and that the tenant is responsible for the associated damage.
The amounts ordered are proved. Disposal of goods left behind:
The landlord has applied for the disposal of goods that the tenant left at the premises at the end of the tenancy.
The landlord: a. is unable to contact the tenant.
The landlord stated during the hearing that the tenant left behind a musical instrument, namely an organ. It is not practicable for the landlord to the return the goods to the tenant. Some of the goods have a value above the cost of storing, transporting and selling them. The landlord must sell these goods at a reasonable market price.
The landlord may deduct any amount owing from the sale proceeds, and must pay the balance to the Bond Centre. See sections 62(3)(b), 62B(2),(3) and (4), 62C(1)(b),(2) and (3) Residential Tenancies Act 1986).
The landlord may dispose of any goods that have no saleable value.
Because Mog Limited T/A Angel Property Managers has wholly succeeded with the claim I must reimburse the filing fee.
The bond has been released and applied towards the rent arrears. Accordingly, I make no order in respect of the bond.

Tenancy Tribunal case 4899483 — Rent arrears at 1 Marion Avenue, Mount Roskill, Auckland 1041

At a glance

Tenancy Tribunal case 4899483 — Rent arrears at 1 Marion Avenue, Mount Roskill, Auckland 1041

At a glance

Award balance

Claims & awards

Order

Reasons

How much is owed for rent?

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?

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