How much money was awarded in case 4948675?

Filing Fee: $27.00 awarded to landlord; Rent Arrears: $4,250.00 awarded to landlord; Cleaning: $1,355.38 awarded to landlord; Door And Kitchen Cabinet: $690.00 awarded to landlord; Shower Door: $900.00 awarded to landlord; Walls: $1,035.00 awarded to landlord; Rubbish Removal: $649.00 awarded to landlord

What type of tenancy dispute was case 4948675?

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

Where can I read the official tribunal order for case 4948675?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/11312747-Tribunal_Order_Redacted.pdf.

How much money was awarded in case 4948675?

Filing Fee: $27.00 awarded to landlord; Rent Arrears: $4,250.00 awarded to landlord; Cleaning: $1,355.38 awarded to landlord; Door And Kitchen Cabinet: $690.00 awarded to landlord; Shower Door: $900.00 awarded to landlord; Walls: $1,035.00 awarded to landlord; Rubbish Removal: $649.00 awarded to landlord

What type of tenancy dispute was case 4948675?

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

Where can I read the official tribunal order for case 4948675?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/11312747-Tribunal_Order_Redacted.pdf.

52 Waimahia Avenue, Weymouth, Auckland 2103 Tenancy Tribunal Case 4948675 — Rent arrears

Q: What was Tenancy Tribunal case 4948675 about?

The tribunal order states: An application for suppression has been made in this case, and the Tribunal

Order

Claims and awards in Tenancy Tribunal application 4948675 — net $6,386.38 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears to 29 June 2024	$4,250.00	Rent arrears to 29 June 2024
Repairs: Shower door	$900.00	Repairs: Shower door
Rubbish removal	$649.00	Rubbish removal
Repairs: and cleaning	$1,355.38	Repairs: and cleaning
Repairs: Door and kitchen cabinet	$690.00	Repairs: Door and kitchen cabinet
Repairs: Walls	$1,035.00	Repairs: Walls
Filing fee reimbursement	$27.00	Filing fee reimbursement
Net award	$6,386.38
Total payable by Tenant to Landlord	$6,386.38

An application for suppression has been made in this case, and the Tribunal orders suppression of the Landlord name and identifying details.

Egypt Myra Tauranga and Leonard Raumati must pay [The landlord/s] $6,386.38 immediately, calculated as shown in table below.

The Bond Centre is to pay the bond of $2,520.00 ([Bond number suppressed]) to [The landlord/s] immediately.

All remaining claims are dismissed.

Reasons

The landlord attended the hearing. The tenant did not attend the hearing.

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 29 June 2024. The landlord provided rent records.

There is a Tribunal Order dated 23 March 2021. The landlord did not attend that hearing. On that day the Adjudicator accepted the tenant’s evidence that outstanding rent arrears as at 3 November 2020 (of $3,460.00) had been paid by the day of hearing (23 March 2021).

The starting point for rent arrears is therefore that there were no outstanding rent arrears on 23 March 2021. After that date there were three payments of $630.00 (totalling $1,890.00) missed by the tenant in February 2022. The tenant made some payment above the weekly rent between October 2023 and March 2024. Those extra payments amount to $1,490.00. The rent was increased to $700.00 per week from 20 August 2023. For 45 weeks the tenant failed to pay the full amount of rent and instead continued to pay $630.00 each week. That under payment amounts to $3,850.00 (including nonpayment of the last weeks rent).

Taking account of the under payment and the $400.00 owed from the missed payments in 2022 I determine that at the end of the tenancy the tenant owed rent arrears totalling $4,250.00 and that amount is ordered.

The landlord seeks water rates from the tenant. He says that $1,600.00 is owed.

In the rent summary it is recorded that the tenant made an extra weekly payment of $35.00 from 11 September 2022 until 17 June 2024. I have calculated the extra payment as $3,220.00 over a 92-week period.

The landlord’s water summary records that the tenant owes $3,254.30 for water. However, the landlord did not provide any water rates invoices. Due to a lack of evidence, I am not satisfied that the tenant owes any money for water rates. That part of the landlord’s application is dismissed.

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 did not leave the premises reasonably clean and tidy, and did not remove all rubbish.

The tenant did not return the keys.

The amounts ordered are 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 following damage was caused during the tenancy: missing shower door, door repairs, missing kitchen cabinet doors, wall holes. The damage is more than fair wear and tear, and the tenant has not disproved liability for the damage.

The landlord applied for costs in relation to a broken garage door and missing or broken curtains. No evidence was produced to support those claims and therefore they are dismissed.

The amounts ordered are proved.

I have taken into account betterment and depreciation. The landlord should be returned to the position they would have been in had the tenant not breached their obligations, and should not be better or worse off. In calculating depreciation, I have taken into account the age and condition of the items at the start of the tenancy and their likely useful lifespan.

Because [The applicant/s] has substantially succeeded with the claim I have reimbursed the filing fee. For the same reason I have suppressed the landlord’s name.

Claims and awards in Tenancy Tribunal application 4948675 — net $6,386.38 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears to 29 June 2024	$4,250.00	Rent arrears to 29 June 2024
Repairs: Shower door	$900.00	Repairs: Shower door
Rubbish removal	$649.00	Rubbish removal
Repairs: and cleaning	$1,355.38	Repairs: and cleaning
Repairs: Door and kitchen cabinet	$690.00	Repairs: Door and kitchen cabinet
Repairs: Walls	$1,035.00	Repairs: Walls
Filing fee reimbursement	$27.00	Filing fee reimbursement
Net award	$6,386.38
Total payable by Tenant to Landlord	$6,386.38

Order

An application for suppression has been made in this case, and the Tribunal orders suppression of the Landlord name and identifying details.
Egypt Myra Tauranga and Leonard Raumati must pay [The landlord/s] $6,386.38 immediately, calculated as shown in table below.
The Bond Centre is to pay the bond of $2,520.00 ([Bond number suppressed]) to [The landlord/s] immediately.
All remaining claims are dismissed.

Reasons

The landlord attended the hearing. The tenant did not attend the hearing.
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 29 June 2024. The landlord provided rent records.
There is a Tribunal Order dated 23 March 2021. The landlord did not attend that hearing. On that day the Adjudicator accepted the tenant’s evidence that outstanding rent arrears as at 3 November 2020 (of $3,460.00) had been paid by the day of hearing (23 March 2021).
The starting point for rent arrears is therefore that there were no outstanding rent arrears on 23 March 2021. After that date there were three payments of $630.00 (totalling $1,890.00) missed by the tenant in February 2022. The tenant made some payment above the weekly rent between October 2023 and March 2024. Those extra payments amount to $1,490.00. The rent was increased to $700.00 per week from 20 August 2023. For 45 weeks the tenant failed to pay the full amount of rent and instead continued to pay $630.00 each week. That under payment amounts to $3,850.00 (including nonpayment of the last weeks rent).
Taking account of the under payment and the $400.00 owed from the missed payments in 2022 I determine that at the end of the tenancy the tenant owed rent arrears totalling $4,250.00 and that amount is ordered.
The landlord seeks water rates from the tenant. He says that $1,600.00 is owed.
In the rent summary it is recorded that the tenant made an extra weekly payment of $35.00 from 11 September 2022 until 17 June 2024. I have calculated the extra payment as $3,220.00 over a 92-week period.
The landlord’s water summary records that the tenant owes $3,254.30 for water. However, the landlord did not provide any water rates invoices. Due to a lack of evidence, I am not satisfied that the tenant owes any money for water rates. That part of the landlord’s application is dismissed.

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 did not leave the premises reasonably clean and tidy, and did not remove all rubbish.
The tenant did not return the keys.
The amounts ordered are 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 following damage was caused during the tenancy: missing shower door, door repairs, missing kitchen cabinet doors, wall holes. The damage is more than fair wear and tear, and the tenant has not disproved liability for the damage.
The landlord applied for costs in relation to a broken garage door and missing or broken curtains. No evidence was produced to support those claims and therefore they are dismissed.
The amounts ordered are proved.
I have taken into account betterment and depreciation. The landlord should be returned to the position they would have been in had the tenant not breached their obligations, and should not be better or worse off. In calculating depreciation, I have taken into account the age and condition of the items at the start of the tenancy and their likely useful lifespan.
Because [The applicant/s] has substantially succeeded with the claim I have reimbursed the filing fee. For the same reason I have suppressed the landlord’s name.

Tenancy Tribunal case 4948675 — Rent arrears at 52 Waimahia Avenue, Weymouth, Auckland 2103

At a glance

Tenancy Tribunal case 4948675 — Rent arrears at 52 Waimahia Avenue, Weymouth, Auckland 2103

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

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

Frequently asked questions