What was the outcome of Tenancy Tribunal case 4963198?

The tribunal order states: Mike Ian McKinnon must pay Pukekohe Property Management Limited T/As

How much money was awarded in case 4963198?

Cleaning: $220.00 awarded to landlord; Electricity: $1,046.40 awarded to landlord; Filing Fee: $27.00 awarded to landlord; Property Damage: $114.69 awarded to landlord; Rent Arrears: $1,300.00 awarded to landlord; Water Rates: $68.64 awarded to landlord

What type of tenancy dispute was case 4963198?

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

Where can I read the official tribunal order for case 4963198?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/10994698-Tenancy_Tribunal_Order.pdf.

What was the outcome of Tenancy Tribunal case 4963198?

The tribunal order states: Mike Ian McKinnon must pay Pukekohe Property Management Limited T/As

How much money was awarded in case 4963198?

Cleaning: $220.00 awarded to landlord; Electricity: $1,046.40 awarded to landlord; Filing Fee: $27.00 awarded to landlord; Property Damage: $114.69 awarded to landlord; Rent Arrears: $1,300.00 awarded to landlord; Water Rates: $68.64 awarded to landlord

What type of tenancy dispute was case 4963198?

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

Where can I read the official tribunal order for case 4963198?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/10994698-Tenancy_Tribunal_Order.pdf.

Unit/Flat 1, 10 St Stephens Avenue, Tuakau, Tuakau 2121 Tenancy Tribunal Case 4963198 — Rent arrears

Order

Claims and awards in Tenancy Tribunal application 4963198 — net $776.73 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears	$1,300.00	Rent arrears
Water rates	$68.64	Water rates
Electricity	$1,046.40	Electricity
Cleaning	$220.00	Cleaning
Repairs	$114.69	Repairs
Filing fee reimbursement	$27.00	Filing fee reimbursement
Net award	$776.73
Total payable by Tenant to Landlord	$776.73

Mike Ian McKinnon must pay Pukekohe Property Management Limited T/As Quinovic Property Management Limited As Agent For George Street Properties Ltd $776.73 immediately, calculated as shown in table below.

The Bond Centre is to pay the bond of $2,000.00 (6401966-012) to Pukekohe Property Management Limited T/As Quinovic Property Management Limited As Agent For George Street Properties Ltd 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.

How much is owed for rent, water rates and electricity?

The tenancy ended on 7 June 2024. The landlord provided rent records, water rates invoices and electricity invoices which prove the amount owing at the end of the tenancy was $1,300.00 for rent and $68.64 for water and $1,046.40 for electricity.

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, 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 landlord provided photos and an invoice in support of their claim.

The amount ordered is proven.

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.

A window stay was damaged by the tenant. The repair costs was $114.69. The tenant accepted responsibility.

The amount ordered is proven.

As Pukekohe Property Management Limited T/As Quinovic Property Management Limited As Agent For George Street Properties Ltd has wholly succeeded with the claim I must reimburse the filing fee.

Claims and awards in Tenancy Tribunal application 4963198 — net $776.73 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears	$1,300.00	Rent arrears
Water rates	$68.64	Water rates
Electricity	$1,046.40	Electricity
Cleaning	$220.00	Cleaning
Repairs	$114.69	Repairs
Filing fee reimbursement	$27.00	Filing fee reimbursement
Net award	$776.73
Total payable by Tenant to Landlord	$776.73

Order

Mike Ian McKinnon must pay Pukekohe Property Management Limited T/As Quinovic Property Management Limited As Agent For George Street Properties Ltd $776.73 immediately, calculated as shown in table below.
The Bond Centre is to pay the bond of $2,000.00 (6401966-012) to Pukekohe Property Management Limited T/As Quinovic Property Management Limited As Agent For George Street Properties Ltd 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.

How much is owed for rent, water rates and electricity?

The tenancy ended on 7 June 2024. The landlord provided rent records, water rates invoices and electricity invoices which prove the amount owing at the end of the tenancy was $1,300.00 for rent and $68.64 for water and $1,046.40 for electricity.

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, 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 landlord provided photos and an invoice in support of their claim.
The amount ordered is proven.

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.
A window stay was damaged by the tenant. The repair costs was $114.69. The tenant accepted responsibility.
The amount ordered is proven.
As Pukekohe Property Management Limited T/As Quinovic Property Management Limited As Agent For George Street Properties Ltd has wholly succeeded with the claim I must reimburse the filing fee.

Tenancy Tribunal case 4963198 — Rent arrears at Unit/Flat 1, 10 St Stephens Avenue, Tuakau, Tuakau 2121

At a glance

Tenancy Tribunal case 4963198 — Rent arrears at Unit/Flat 1, 10 St Stephens Avenue, Tuakau, Tuakau 2121

At a glance

Award balance

Claims & awards

Order

Reasons

How much is owed for rent, water rates and electricity?

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, water rates and electricity?

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