What was the outcome of Tenancy Tribunal case 4976889?

The tribunal order states: The tenancy of Lingyun None Dong at Unit/Flat 3D, 25 Rutland St., Auckland

How much money was awarded in case 4976889?

Cleaning: $320.00 awarded to landlord; Electricity Charges: $179.16 awarded to landlord; Filing Fee: $27.00 awarded to landlord; Property Damage: $89.00 awarded to landlord; Rent Arrears: $2,310.00 awarded to landlord; Property Damage: $1,540.00 awarded to landlord; Waste Disposal: $199.00 awarded to landlord

What type of tenancy dispute was case 4976889?

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

Where can I read the official tribunal order for case 4976889?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/11040484-Tribunal_Order.pdf.

What was the outcome of Tenancy Tribunal case 4976889?

The tribunal order states: The tenancy of Lingyun None Dong at Unit/Flat 3D, 25 Rutland St., Auckland

How much money was awarded in case 4976889?

Cleaning: $320.00 awarded to landlord; Electricity Charges: $179.16 awarded to landlord; Filing Fee: $27.00 awarded to landlord; Property Damage: $89.00 awarded to landlord; Rent Arrears: $2,310.00 awarded to landlord; Property Damage: $1,540.00 awarded to landlord; Waste Disposal: $199.00 awarded to landlord

What type of tenancy dispute was case 4976889?

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

Where can I read the official tribunal order for case 4976889?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/11040484-Tribunal_Order.pdf.

Unit/Flat 3D, 25 Rutland St., Auckland Central 1010, The Tenancy Tribunal Case 4976889 — Rent arrears

Order

Claims and awards in Tenancy Tribunal application 4976889 — net $3,124.16 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears	$2,310.00	Rent arrears
Repairs: Water damage	$1,540.00	Repairs: Water damage
Waste Disposal	$199.00	Waste Disposal
Cleaning	$320.00	Cleaning
Lock/key replacement	$89.00	Lock/key replacement
Electricity charges	$179.16	Electricity charges
Filing fee reimbursement	$27.00	Filing fee reimbursement
Net award	$3,124.16
Total payable by Tenant to Landlord	$3,124.16

The tenancy of Lingyun None Dong at Unit/Flat 3D, 25 Rutland St., Auckland Central 1010, The Aucklander is terminated, and possession is granted to Takako None Sunahara immediately.

The Bond Centre is to pay the bond of $1,540.00 (5253095-018) to Takako None Sunahara immediately.

Lingyun None Dong must pay Takako None Sunahara $3,124.16 immediately, calculated as shown in the table below:

Reasons

The landlord attended this remote hearing.

The tenant did not attend the hearing. Telephone calls were made to the tenant on the number provided at the allocated hearing time. The calls could not be connected. The Tribunal may hear matters in the absence of a party where satisfied that notice of the hearing has been given. I am satisfied that notice was given.

The landlord has applied for termination of the tenancy for abandonment, compensation, rent arrears and refund of the bond.

Should the tenancy be terminated?

The Tribunal may terminate the tenancy where the premises have been abandoned and rent is in arrear at the hearing date. See section 61 Residential Tenancies Act 1986. A tenancy is abandoned where the tenant leaves the premises without reasonable excuse, not intending to return or to meet their obligations, and fails to notify the landlord.

On 28 July 2024, the landlord became aware (or ought to have been aware) that the tenant had abandoned the premises. The tenant wrote to the landlord confirming that she had left the country. This was a fixed term tenancy to end 30 September 2024.

Because the premises have been abandoned, and rent is in arrear, the tenancy is terminated immediately.

The landlord said that the rent owing as of 30 September 2024, once her insurance claim funds had been deducted, was $2,310.00.

The landlord provided electricity records showing that the tenant was in arrears of $179.16.

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, return all keys and security devices. See section 40(1)(e)(ii)-(v) Residential Tenancies Act 1986.

The tenant did not leave the premises reasonably clean and tidy. The landlord provided photos and an invoice in support of the claim.

The tenant did not return the keys. There was a room key and a coded keypad entry. The costs to replace is $89.00.

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: The flooring suffered extensive water damage which seems to have been caused by the bathroom sink flooding. The repair costs has been substantial. The invoices provided were for $7,401.40 and $1,380.00 The damage is more than fair wear and tear, and the tenant has not disproved liability for the damage. The claims were covered by the landlord insurance. The policy had an excess of $3,500.00. Usually the claim would be limited to that sum. However, in this case, the equivalent of four weeks rent is $1,540.00. Section 49B(3)(a) RTA limits the claim to the insurance excess of the equivalent of four weeks rent , whichever is the lesser amount. The waste disposal has been damaged. The damage is more than fair wear and tear and the tenant has not disproved liability. The replacement costs $199.00. There is a missing cook top knob. No information was to hand as to the replacement costs and or the how the knob came to be removed. Accordingly the application is dismissed.

The amounts ordered are proved.

As Takako None Sunahara has wholly succeeded with the claim I must order the tenant to reimburse the filing fee.

Claims and awards in Tenancy Tribunal application 4976889 — net $3,124.16 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears	$2,310.00	Rent arrears
Repairs: Water damage	$1,540.00	Repairs: Water damage
Waste Disposal	$199.00	Waste Disposal
Cleaning	$320.00	Cleaning
Lock/key replacement	$89.00	Lock/key replacement
Electricity charges	$179.16	Electricity charges
Filing fee reimbursement	$27.00	Filing fee reimbursement
Net award	$3,124.16
Total payable by Tenant to Landlord	$3,124.16

Order

The tenancy of Lingyun None Dong at Unit/Flat 3D, 25 Rutland St., Auckland Central 1010, The Aucklander is terminated, and possession is granted to Takako None Sunahara immediately.
The Bond Centre is to pay the bond of $1,540.00 (5253095-018) to Takako None Sunahara immediately.
Lingyun None Dong must pay Takako None Sunahara $3,124.16 immediately, calculated as shown in the table below:

Reasons

The landlord attended this remote hearing.
The tenant did not attend the hearing. Telephone calls were made to the tenant on the number provided at the allocated hearing time. The calls could not be connected. The Tribunal may hear matters in the absence of a party where satisfied that notice of the hearing has been given. I am satisfied that notice was given.
The landlord has applied for termination of the tenancy for abandonment, compensation, rent arrears and refund of the bond.

Should the tenancy be terminated?

The Tribunal may terminate the tenancy where the premises have been abandoned and rent is in arrear at the hearing date. See section 61 Residential Tenancies Act 1986. A tenancy is abandoned where the tenant leaves the premises without reasonable excuse, not intending to return or to meet their obligations, and fails to notify the landlord.
On 28 July 2024, the landlord became aware (or ought to have been aware) that the tenant had abandoned the premises. The tenant wrote to the landlord confirming that she had left the country. This was a fixed term tenancy to end 30 September 2024.
Because the premises have been abandoned, and rent is in arrear, the tenancy is terminated immediately.
The landlord said that the rent owing as of 30 September 2024, once her insurance claim funds had been deducted, was $2,310.00.
The landlord provided electricity records showing that the tenant was in arrears of $179.16.

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, return all keys and security devices. See section 40(1)(e)(ii)-(v) Residential Tenancies Act 1986.
The tenant did not leave the premises reasonably clean and tidy. The landlord provided photos and an invoice in support of the claim.
The tenant did not return the keys. There was a room key and a coded keypad entry. The costs to replace is $89.00.
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: The flooring suffered extensive water damage which seems to have been caused by the bathroom sink flooding. The repair costs has been substantial. The invoices provided were for $7,401.40 and $1,380.00 The damage is more than fair wear and tear, and the tenant has not disproved liability for the damage. The claims were covered by the landlord insurance. The policy had an excess of $3,500.00. Usually the claim would be limited to that sum. However, in this case, the equivalent of four weeks rent is $1,540.00. Section 49B(3)(a) RTA limits the claim to the insurance excess of the equivalent of four weeks rent , whichever is the lesser amount. The waste disposal has been damaged. The damage is more than fair wear and tear and the tenant has not disproved liability. The replacement costs $199.00. There is a missing cook top knob. No information was to hand as to the replacement costs and or the how the knob came to be removed. Accordingly the application is dismissed.
The amounts ordered are proved.
As Takako None Sunahara has wholly succeeded with the claim I must order the tenant to reimburse the filing fee.

Tenancy Tribunal case 4976889 — Rent arrears at Unit/Flat 3D, 25 Rutland St., Auckland Central 1010, The

At a glance

Tenancy Tribunal case 4976889 — Rent arrears at Unit/Flat 3D, 25 Rutland St., Auckland Central 1010, The

At a glance

Award balance

Claims & awards

Order

Reasons

Should the tenancy be terminated?

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

Should the tenancy be terminated?

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