What was the outcome of Tenancy Tribunal case 4930053?

The tribunal order states: Timothy Edward Azevedo and Tanya Maye Azevedo must pay Sunrise Property

How much money was awarded in case 4930053?

Cleaning: $345.00 awarded to landlord; Enforcement Fees: $250.00 awarded to landlord; Filing Fee: $27.00 awarded to landlord; Previous Order Application 4832740 D…: $10,073.69 awarded to landlord; Previous Order Application 4832740 D…: $517.94 awarded to landlord; Previous Order Application 4832740 D…: $40.88 awarded to landlord; Rent Arrears: $2,698.57 awarded to landlord; Water Rates: $113.44 awarded to landlord

What type of tenancy dispute was case 4930053?

The primary dispute was Rent arrears. Related themes: Cleanliness.

Where can I read the official tribunal order for case 4930053?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/10865653-Tenancy_Tribunal_Order.pdf.

What was the outcome of Tenancy Tribunal case 4930053?

The tribunal order states: Timothy Edward Azevedo and Tanya Maye Azevedo must pay Sunrise Property

How much money was awarded in case 4930053?

Cleaning: $345.00 awarded to landlord; Enforcement Fees: $250.00 awarded to landlord; Filing Fee: $27.00 awarded to landlord; Previous Order Application 4832740 D…: $10,073.69 awarded to landlord; Previous Order Application 4832740 D…: $517.94 awarded to landlord; Previous Order Application 4832740 D…: $40.88 awarded to landlord; Rent Arrears: $2,698.57 awarded to landlord; Water Rates: $113.44 awarded to landlord

What type of tenancy dispute was case 4930053?

The primary dispute was Rent arrears. Related themes: Cleanliness.

Where can I read the official tribunal order for case 4930053?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/10865653-Tenancy_Tribunal_Order.pdf.

Unit/Flat 2, 31 Sunderlands Road, Half Moon Bay, Auckland Tenancy Tribunal Case 4930053 — Rent arrears

Order

Claims and awards in Tenancy Tribunal application 4930053 — net $10,906.52 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears Until 24 June 2024	$2,698.57	Rent arrears Until 24 June 2024
Previous order application 4832740 dated 08/05/2024	$10,073.69	Previous order application 4832740 dated 08/05/2024
Previous order application 4832740 dated 08/05/2024	$517.94	Previous order application 4832740 dated 08/05/2024
Previous order application 4832740 dated 08/05/2024	$40.88	Previous order application 4832740 dated 08/05/2024
Carpet Cleaning	$345.00	Carpet Cleaning
Enforcement fees	$250.00	Enforcement fees
Water rates	$113.44	Water rates
Filing fee reimbursement	$27.00	Filing fee reimbursement
Net award	$10,906.52
Total payable by Tenant to Landlord	$10,906.52

Timothy Edward Azevedo and Tanya Maye Azevedo must pay Sunrise Property Management And Services Limited As Agent For Jing Xu $10,906.52 immediately, calculated as shown in table below.

The Bond Centre is to pay the bond of $3,160.00 (6498110-001) to Sunrise Property Management And Services Limited As Agent For Jing Xu immediately.

Reasons

This Order incorporates the Order NZTT 4837240 dated 08/05/2024.

The landlord attended the hearing. The tenants did not attend the hearing. Because I am satisfied the tenants have been correctly served notice of the hearing and no request for an adjournment has been received from the tenants, the hearing was conducted in the tenants’ absence.

The landlord has applied for rent arrears, compensation, refund of the bond, and reimbursement of the filing fee following the end of the tenancy.

Following the previous NZTT Order, the tenancy was terminated and enforcement fees were incurred. The landlord is seeking reimbursement of these fees. Invoices were produced which prove the amounts.

How much is owed for rent and water rates?

The tenancy ended on 24 June 2024. The landlord provided rent records and water rates invoices which prove the amount owing at the end of the tenancy was $12,772.26 for rent arrears and $631.38 for unpaid water rates.

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.

At the end of the tenancy the carpets were left very dirty. Entry inspection photographs show the carpets at the beginning of the tenancy to be in excellent condition and clean. An invoice was produced by the landlord for the amount of $345.00 for carpet cleaning.

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.

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 is claiming $402.50 for repair to the walls.

The landlord produced photographs which show some walls to have some picture hooks and some holes. These photographs are not part of an Inspection Report. Entry Inspection photographs also show some walls to have picture hooks and some areas to have damage.

I am not persuaded that the photographs produced by the landlord showing the walls at the end of the tenancy, prove on the balance of probabilities that there is damage to the walls that was caused during the tenancy and that exceeds fair wear and tear.

This claim is not proved.

Because Sunrise Property Management And Services Limited As Agent For Jing Xu has substantially succeeded with the claim I have reimbursed the filing fee.

Claims and awards in Tenancy Tribunal application 4930053 — net $10,906.52 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears Until 24 June 2024	$2,698.57	Rent arrears Until 24 June 2024
Previous order application 4832740 dated 08/05/2024	$10,073.69	Previous order application 4832740 dated 08/05/2024
Previous order application 4832740 dated 08/05/2024	$517.94	Previous order application 4832740 dated 08/05/2024
Previous order application 4832740 dated 08/05/2024	$40.88	Previous order application 4832740 dated 08/05/2024
Carpet Cleaning	$345.00	Carpet Cleaning
Enforcement fees	$250.00	Enforcement fees
Water rates	$113.44	Water rates
Filing fee reimbursement	$27.00	Filing fee reimbursement
Net award	$10,906.52
Total payable by Tenant to Landlord	$10,906.52

Order

Timothy Edward Azevedo and Tanya Maye Azevedo must pay Sunrise Property Management And Services Limited As Agent For Jing Xu $10,906.52 immediately, calculated as shown in table below.
The Bond Centre is to pay the bond of $3,160.00 (6498110-001) to Sunrise Property Management And Services Limited As Agent For Jing Xu immediately.

Reasons

This Order incorporates the Order NZTT 4837240 dated 08/05/2024.
The landlord attended the hearing. The tenants did not attend the hearing. Because I am satisfied the tenants have been correctly served notice of the hearing and no request for an adjournment has been received from the tenants, the hearing was conducted in the tenants’ absence.
The landlord has applied for rent arrears, compensation, refund of the bond, and reimbursement of the filing fee following the end of the tenancy.
Following the previous NZTT Order, the tenancy was terminated and enforcement fees were incurred. The landlord is seeking reimbursement of these fees. Invoices were produced which prove the amounts.

How much is owed for rent and water rates?

The tenancy ended on 24 June 2024. The landlord provided rent records and water rates invoices which prove the amount owing at the end of the tenancy was $12,772.26 for rent arrears and $631.38 for unpaid water rates.

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.
At the end of the tenancy the carpets were left very dirty. Entry inspection photographs show the carpets at the beginning of the tenancy to be in excellent condition and clean. An invoice was produced by the landlord for the amount of $345.00 for carpet cleaning.
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.
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 is claiming $402.50 for repair to the walls.
The landlord produced photographs which show some walls to have some picture hooks and some holes. These photographs are not part of an Inspection Report. Entry Inspection photographs also show some walls to have picture hooks and some areas to have damage.
I am not persuaded that the photographs produced by the landlord showing the walls at the end of the tenancy, prove on the balance of probabilities that there is damage to the walls that was caused during the tenancy and that exceeds fair wear and tear.
This claim is not proved.
Because Sunrise Property Management And Services Limited As Agent For Jing Xu has substantially succeeded with the claim I have reimbursed the filing fee.

Tenancy Tribunal case 4930053 — Rent arrears at Unit/Flat 2, 31 Sunderlands Road, Half Moon Bay, Auckland

At a glance

Tenancy Tribunal case 4930053 — Rent arrears at Unit/Flat 2, 31 Sunderlands Road, Half Moon Bay, 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