What was Tenancy Tribunal case 4961513 about?

The tribunal order states: Sandra Lui-Mausia must pay [The landlord/s] $3,715.04 immediately, calculated

How much money was awarded in case 4961513?

Cleaning: $465.75 awarded to landlord; Filing Fee: $27.00 awarded to landlord; Power: $258.50 awarded to landlord; Property Damage: $517.50 awarded to landlord; Reasonable Expenses Incurred By Land…: $652.00 awarded to landlord; Rent Arrears: $4,114.29 awarded to landlord

What type of tenancy dispute was case 4961513?

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

Where can I read the official tribunal order for case 4961513?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/10883750-Tribunal_Order_Redacted.pdf.

What was Tenancy Tribunal case 4961513 about?

The tribunal order states: Sandra Lui-Mausia must pay [The landlord/s] $3,715.04 immediately, calculated

How much money was awarded in case 4961513?

Cleaning: $465.75 awarded to landlord; Filing Fee: $27.00 awarded to landlord; Power: $258.50 awarded to landlord; Property Damage: $517.50 awarded to landlord; Reasonable Expenses Incurred By Land…: $652.00 awarded to landlord; Rent Arrears: $4,114.29 awarded to landlord

What type of tenancy dispute was case 4961513?

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

Where can I read the official tribunal order for case 4961513?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/10883750-Tribunal_Order_Redacted.pdf.

Unit/Flat Unit 707, 438 Queen Street, Auckland Central, Tenancy Tribunal Case 4961513 — Rent arrears

Claims and awards in Tenancy Tribunal application 4961513 — net $3,715.04 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears to 8 September 2024	$4,114.29	Rent arrears to 8 September 2024
Cleaning	$465.75	Cleaning
Power	$258.50	Power
Repairs	$517.50	Repairs
Reasonable expenses incurred by landlord due to tenant parting with possession early	$652.00	Reasonable expenses incurred by landlord due to tenant parting with possession early
Filing fee reimbursement	$27.00	Filing fee reimbursement
Net award	$3,715.04
Total payable by Tenant to Landlord	$3,715.04

Order

Sandra Lui-Mausia must pay [The landlord/s] $3,715.04 immediately, calculated as shown in table below.
The Bond Centre is to pay the bond of $2,320.00 ([Bond number suppressed]) to [The landlord/s] immediately.

Reasons

Both parties attended 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.
The tenant filed an application on 31 July 2024 to reduce the fixed-term of the tenancy. By the date of the hearing, the tenant had exited the premises and returned possession to the landlord. This occurred on 2 August 2024 and the property was re-tenanted on 10 September 2024. In the circumstances, the tenant did not pursue their application at the hearing.
As the applicant, the landlord must prove each claim to the civil standard of proof, on the balance of probabilities.

How much is owed for rent and power?

The tenancy was fixed until 1 November 2024. The tenant parted with possession of the property on 2 August 2024. The property was not re-tenanted until 10 September 2024. The tenancy therefore ended on 9 September 2024.
The landlord sought rent arrears up to 8 September 2024 and provided rent records proving the amount owing at this date, namely $4,114.29.
The landlord sought compensation for outstanding power invoices. The property is an apartment. Power was supplied by the landlord and on-charged to the tenant. The landlord provided power invoices, which prove the total amount outstanding for unpaid power during the tenancy, namely $258.50.

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 landlord provided photographs of the property taken at the beginning and end of the tenancy. The photographs taken at the beginning of the tenancy show the property in a very clean and tidy state. The photographs taken at the end of the tenancy show the property in a very messy and dirty condition. The tenant left rubbish, miscellaneous household items and personal belongings at the property. The mattress provided by the landlord to the tenant was very clean at the beginning of the tenancy and heavily stained at the end. There was also spillage on the floor. The tenant accepted that she did not leave the property in a reasonably clean and tidy condition.
I find that the tenant did not leave the premises reasonably clean and tidy, and did not remove all rubbish. The landlord provided an invoice for cleaning and rubbish removal for $465.75. The landlord’s claim for compensation for this amount is granted.

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 photographs of the property taken at the beginning of the tenancy do not show any holes in the walls or doors. The photographs taken at the end of the tenancy show a number of holes in the walls and doors. The tenant accepted that this damage occurred during the tenancy and that she, or a person who was at the property with her permission, was responsible for the damage. The damage is more than fair wear and tear.
The landlord provided an invoice for repairs totalling $517.50. The landlord’s claim for compensation for this amount is granted. 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. Reasonable expenses incurred by the landlord due to the tenant parting with possession early
The tenancy was a fixed-term tenancy from 1 November 2023 – 1 November 2024. The tenant was only permitted to part with possession of the property with the prior written consent of the landlord and in accordance with any conditions attached to the consent by the landlord. See section 44(2) RTA.
The tenant returned the keys to the landlord on 2 August 2024. The keys were returned after hours and left in the landlord’s property manager’s drop-box. The tenant did not have the prior written consent of the landlord to part with possession before the end of the fixed term. The tenant breached section 44(2) RTA.
To mitigate their loss, the landlord took steps to re-tenant the property as soon as possible. These steps included instructing their property management company to advertise the property on TradeMe, complete an exit inspection, credit checks for potential new tenants, process the bond for the new tenant(s) etc. The cost for these services was $652.00. The landlord’s claim for compensation for this amount is granted. Filing fee
Because [The applicant/s] has wholly succeeded with the claim I must reimburse the filing fee.

Claims and awards in Tenancy Tribunal application 4961513 — net $3,715.04 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears to 8 September 2024	$4,114.29	Rent arrears to 8 September 2024
Cleaning	$465.75	Cleaning
Power	$258.50	Power
Repairs	$517.50	Repairs
Reasonable expenses incurred by landlord due to tenant parting with possession early	$652.00	Reasonable expenses incurred by landlord due to tenant parting with possession early
Filing fee reimbursement	$27.00	Filing fee reimbursement
Net award	$3,715.04
Total payable by Tenant to Landlord	$3,715.04

Order

Sandra Lui-Mausia must pay [The landlord/s] $3,715.04 immediately, calculated as shown in table below.
The Bond Centre is to pay the bond of $2,320.00 ([Bond number suppressed]) to [The landlord/s] immediately.

Reasons

Both parties attended 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.
The tenant filed an application on 31 July 2024 to reduce the fixed-term of the tenancy. By the date of the hearing, the tenant had exited the premises and returned possession to the landlord. This occurred on 2 August 2024 and the property was re-tenanted on 10 September 2024. In the circumstances, the tenant did not pursue their application at the hearing.
As the applicant, the landlord must prove each claim to the civil standard of proof, on the balance of probabilities.

How much is owed for rent and power?

The tenancy was fixed until 1 November 2024. The tenant parted with possession of the property on 2 August 2024. The property was not re-tenanted until 10 September 2024. The tenancy therefore ended on 9 September 2024.
The landlord sought rent arrears up to 8 September 2024 and provided rent records proving the amount owing at this date, namely $4,114.29.
The landlord sought compensation for outstanding power invoices. The property is an apartment. Power was supplied by the landlord and on-charged to the tenant. The landlord provided power invoices, which prove the total amount outstanding for unpaid power during the tenancy, namely $258.50.

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 landlord provided photographs of the property taken at the beginning and end of the tenancy. The photographs taken at the beginning of the tenancy show the property in a very clean and tidy state. The photographs taken at the end of the tenancy show the property in a very messy and dirty condition. The tenant left rubbish, miscellaneous household items and personal belongings at the property. The mattress provided by the landlord to the tenant was very clean at the beginning of the tenancy and heavily stained at the end. There was also spillage on the floor. The tenant accepted that she did not leave the property in a reasonably clean and tidy condition.
I find that the tenant did not leave the premises reasonably clean and tidy, and did not remove all rubbish. The landlord provided an invoice for cleaning and rubbish removal for $465.75. The landlord’s claim for compensation for this amount is granted.

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 photographs of the property taken at the beginning of the tenancy do not show any holes in the walls or doors. The photographs taken at the end of the tenancy show a number of holes in the walls and doors. The tenant accepted that this damage occurred during the tenancy and that she, or a person who was at the property with her permission, was responsible for the damage. The damage is more than fair wear and tear.
The landlord provided an invoice for repairs totalling $517.50. The landlord’s claim for compensation for this amount is granted. 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. Reasonable expenses incurred by the landlord due to the tenant parting with possession early
The tenancy was a fixed-term tenancy from 1 November 2023 – 1 November 2024. The tenant was only permitted to part with possession of the property with the prior written consent of the landlord and in accordance with any conditions attached to the consent by the landlord. See section 44(2) RTA.
The tenant returned the keys to the landlord on 2 August 2024. The keys were returned after hours and left in the landlord’s property manager’s drop-box. The tenant did not have the prior written consent of the landlord to part with possession before the end of the fixed term. The tenant breached section 44(2) RTA.
To mitigate their loss, the landlord took steps to re-tenant the property as soon as possible. These steps included instructing their property management company to advertise the property on TradeMe, complete an exit inspection, credit checks for potential new tenants, process the bond for the new tenant(s) etc. The cost for these services was $652.00. The landlord’s claim for compensation for this amount is granted. Filing fee
Because [The applicant/s] has wholly succeeded with the claim I must reimburse the filing fee.

Tenancy Tribunal case 4961513 — Rent arrears at Unit/Flat Unit 707, 438 Queen Street, Auckland Central,

At a glance

Tenancy Tribunal case 4961513 — Rent arrears at Unit/Flat Unit 707, 438 Queen Street, Auckland Central,

At a glance

Award balance

Claims & awards

Order

Reasons

How much is owed for rent and power?

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 power?

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