What was the outcome of Tenancy Tribunal case 4966723?

The tribunal order states: Aaliyah Edwards Dia must pay Tamplin Property Services Limited T/A Quinovic

How much money was awarded in case 4966723?

Cleaning: $326.13 awarded to landlord; Filing Fee: $27.00 awarded to landlord; Property Damage: $178.25 awarded to landlord; Rent Arrears: $1,054.29 awarded to landlord; Cupboard: $414.00 awarded to landlord; Holes: $276.00 awarded to landlord; Rubbish Removal: $920.00 awarded to landlord

What type of tenancy dispute was case 4966723?

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

Where can I read the official tribunal order for case 4966723?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/10890628-Tenancy_Tribunal_Order.pdf.

What was the outcome of Tenancy Tribunal case 4966723?

The tribunal order states: Aaliyah Edwards Dia must pay Tamplin Property Services Limited T/A Quinovic

How much money was awarded in case 4966723?

Cleaning: $326.13 awarded to landlord; Filing Fee: $27.00 awarded to landlord; Property Damage: $178.25 awarded to landlord; Rent Arrears: $1,054.29 awarded to landlord; Cupboard: $414.00 awarded to landlord; Holes: $276.00 awarded to landlord; Rubbish Removal: $920.00 awarded to landlord

What type of tenancy dispute was case 4966723?

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

Where can I read the official tribunal order for case 4966723?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/10890628-Tenancy_Tribunal_Order.pdf.

19 David Crescent, Karori, Wellington 6012 Tenancy Tribunal Case 4966723 — Rent arrears

Reasons

Claims and awards in Tenancy Tribunal application 4966723 — net $3,195.67 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears to 26/6/24	$1,054.29	Rent arrears to 26/6/24
Cleaning	$326.13	Cleaning
Rubbish removal	$920.00	Rubbish removal
Repairs: cupboard	$414.00	Repairs: cupboard
Living room door glass repairs	$178.25	Living room door glass repairs
Repairs: holes	$276.00	Repairs: holes
Filing fee reimbursement	$27.00	Filing fee reimbursement
Net award	$3,195.67
Total payable by Tenant to Landlord	$3,195.67

The landlord attended the hearing represented by Mr Dacombe-Bird and Ms Dodds. Ms Dia did not attend the hearing, nor did she answer the calls made to her cell phone number ending in 0324. She had been notified of the hearing by letter and text, accordingly pursuant to section 92 of the Residential Tenancies Act 1986 (RTA) the hearing continued in her absence.

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

How much is owed for rent?

The tenancy ended on 26 June. The rent summary shows that Ms Dia ceased making rental payments in May. The bond has been applied to some of the rent arrears. The landlord provided rent records which prove the remaining amount owing at the end of the tenancy. Accordingly, the order is made as sought.

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) RTA.

The landlord established in photographic and oral evidence that the tenant did not leave the premises reasonably clean and tidy and did not remove all rubbish. The landlord did sell a used fridge of Ms Dia’s to reduce the amount claimed by $200.

The amounts ordered are proven and I am satisfied reasonable in the circumstances.

Is the tenant responsible for the damage to the premises?

The landlord claims compensation for the following damage found in the property at the end of the tenancy: a. Broken kitchen door glass pane. b. Two holes in internal walls. c. Large holes in wardrobe.

In order to be successful in such a claim, the 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 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. The landlord’s insurance excess is $750.

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.

I am satisfied on the evidence I was provided that the landlord has established that the damage occurred during the tenancy and was more than fair wear and tear. Ms Dia did not appear to establish anything to the contrary.

Accordingly, I am satisfied that the amounts claimed are proven in evidence and just in the circumstances. By the nature of the damage it all appears to have occurred by way of careless actions by the tenant or her permitted guests. The amounts claimed are all less than the landlord’s insurance excess.

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 Tamplin Property Services Limited T/A Quinovic Property Management has wholly succeeded with the claim I must reimburse the filing fee.

Claims and awards in Tenancy Tribunal application 4966723 — net $3,195.67 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears to 26/6/24	$1,054.29	Rent arrears to 26/6/24
Cleaning	$326.13	Cleaning
Rubbish removal	$920.00	Rubbish removal
Repairs: cupboard	$414.00	Repairs: cupboard
Living room door glass repairs	$178.25	Living room door glass repairs
Repairs: holes	$276.00	Repairs: holes
Filing fee reimbursement	$27.00	Filing fee reimbursement
Net award	$3,195.67
Total payable by Tenant to Landlord	$3,195.67

Order

Aaliyah Edwards Dia must pay Tamplin Property Services Limited T/A Quinovic Property Mangement $3,195.67 immediately, calculated as shown in table below.

Reasons

The landlord attended the hearing represented by Mr Dacombe-Bird and Ms Dodds. Ms Dia did not attend the hearing, nor did she answer the calls made to her cell phone number ending in 0324. She had been notified of the hearing by letter and text, accordingly pursuant to section 92 of the Residential Tenancies Act 1986 (RTA) the hearing continued in her absence.
The landlord has applied for rent arrears, compensation and reimbursement of the filing fee following the end of the tenancy.

How much is owed for rent?

The tenancy ended on 26 June. The rent summary shows that Ms Dia ceased making rental payments in May. The bond has been applied to some of the rent arrears. The landlord provided rent records which prove the remaining amount owing at the end of the tenancy. Accordingly, the order is made as sought.

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) RTA.
The landlord established in photographic and oral evidence that the tenant did not leave the premises reasonably clean and tidy and did not remove all rubbish. The landlord did sell a used fridge of Ms Dia’s to reduce the amount claimed by $200.
The amounts ordered are proven and I am satisfied reasonable in the circumstances.

Is the tenant responsible for the damage to the premises?

The landlord claims compensation for the following damage found in the property at the end of the tenancy: a. Broken kitchen door glass pane. b. Two holes in internal walls. c. Large holes in wardrobe.
In order to be successful in such a claim, the 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 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. The landlord’s insurance excess is $750.
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.
I am satisfied on the evidence I was provided that the landlord has established that the damage occurred during the tenancy and was more than fair wear and tear. Ms Dia did not appear to establish anything to the contrary.
Accordingly, I am satisfied that the amounts claimed are proven in evidence and just in the circumstances. By the nature of the damage it all appears to have occurred by way of careless actions by the tenant or her permitted guests. The amounts claimed are all less than the landlord’s insurance excess.
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 Tamplin Property Services Limited T/A Quinovic Property Management has wholly succeeded with the claim I must reimburse the filing fee.

Tenancy Tribunal case 4966723 — Rent arrears at 19 David Crescent, Karori, Wellington 6012

At a glance

Tenancy Tribunal case 4966723 — Rent arrears at 19 David Crescent, Karori, Wellington 6012

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