What was the outcome of Tenancy Tribunal case 4979848?

The tribunal order states: Gary London must pay Upper House Property Management Limited $6,985.50

How much money was awarded in case 4979848?

Individual award amounts are in the official MoJ PDF. Claim amounts appear on this page when claims and net totals reconcile.

What type of tenancy dispute was case 4979848?

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

Where can I read the official tribunal order for case 4979848?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/11299319-Tenancy_Tribunal_Order.pdf.

What was the outcome of Tenancy Tribunal case 4979848?

The tribunal order states: Gary London must pay Upper House Property Management Limited $6,985.50

How much money was awarded in case 4979848?

Individual award amounts are in the official MoJ PDF. Claim amounts appear on this page when claims and net totals reconcile.

What type of tenancy dispute was case 4979848?

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

Where can I read the official tribunal order for case 4979848?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/11299319-Tenancy_Tribunal_Order.pdf.

11 Vipond Road, Stanmore Bay, Whangaparaoa 0932 Tenancy Tribunal Case 4979848 — Rent arrears

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11 Vipond Road, Stanmore Bay, Whangaparaoa 0932 Tenancy Tribunal Case 4979848 — Rent arrears | TenantCheck

Order

Gary London must pay Upper House Property Management Limited $6,985.50 immediately, calculated as shown in table below.
The Bond Centre is to pay the bond of $2,520.00 (5650843-005) to Upper House Property Management Limited immediately. DescriptionLandlord Rent arrears to the end of 27 June 2024$6,395.00 Cleaning$724.50 Rubbish removal$1,380.00 Replace flooring: 50 percent$450.00 Window repairs$529.00 Filing fee reimbursement$27.00 Total amount$9,505.50 Bond$2,520.00 Total remaining amount tenant must pay landlord$6,985.50

Reasons

The hearing was conducted on Microsoft Teams.
Crystal Cheng attended the hearing for the landlord.
The tenant did not attend. The hearing proceeded in his absence.
The tenancy was ended by eviction on 27 June 2024.
The landlord seeks orders for rent arrears, compensation for damage, reimbursement of the filing fee, and payment over of the bond.

How much is owed for rent?

Ms Cheng provided rent records which prove the tenant’s rent arrears.

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 and remove all rubbish. 1
The tenant did not leave the premises reasonably clean and tidy and did not remove all their rubbish.
Ms Cheng provided photographs and invoices in support of the claim.
The amounts ordered for cleaning and rubbish removal are proved.

Is the tenant responsible for the damage to the premises?

During the tenancy, two windows were broken and the carpet in one of the bedrooms was burnt.
To succeed in a damage 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. 2
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. 3 1 Residential Tenancies Act 1986 (RTA), s 40(1)(e). 2 RTA, ss 40(2)(a), 41, and 49B. 3 RTA, s 49B(1).
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. 4
The damage is more than fair wear and tear, and the tenant has not disproved liability for the damage.
The amounts ordered are proved.
The Tribunal must allow for 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. The carpet in the bedroom was dated. The Tribunal orders fifty percent of the $900.00 cost of the carpet’s replacement with a vinyl product. Filing fee
The tenant must reimburse the landlord for the filing fee. 5 Bond
The bond is to be released to the landlord in part payment of the debt.

Order

Gary London must pay Upper House Property Management Limited $6,985.50 immediately, calculated as shown in table below.
The Bond Centre is to pay the bond of $2,520.00 (5650843-005) to Upper House Property Management Limited immediately. DescriptionLandlord Rent arrears to the end of 27 June 2024$6,395.00 Cleaning$724.50 Rubbish removal$1,380.00 Replace flooring: 50 percent$450.00 Window repairs$529.00 Filing fee reimbursement$27.00 Total amount$9,505.50 Bond$2,520.00 Total remaining amount tenant must pay landlord$6,985.50

Reasons

The hearing was conducted on Microsoft Teams.
Crystal Cheng attended the hearing for the landlord.
The tenant did not attend. The hearing proceeded in his absence.
The tenancy was ended by eviction on 27 June 2024.
The landlord seeks orders for rent arrears, compensation for damage, reimbursement of the filing fee, and payment over of the bond.

How much is owed for rent?

Ms Cheng provided rent records which prove the tenant’s rent arrears.

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 and remove all rubbish. 1
The tenant did not leave the premises reasonably clean and tidy and did not remove all their rubbish.
Ms Cheng provided photographs and invoices in support of the claim.
The amounts ordered for cleaning and rubbish removal are proved.

Is the tenant responsible for the damage to the premises?

During the tenancy, two windows were broken and the carpet in one of the bedrooms was burnt.
To succeed in a damage 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. 2
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. 3 1 Residential Tenancies Act 1986 (RTA), s 40(1)(e). 2 RTA, ss 40(2)(a), 41, and 49B. 3 RTA, s 49B(1).
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. 4
The damage is more than fair wear and tear, and the tenant has not disproved liability for the damage.
The amounts ordered are proved.
The Tribunal must allow for 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. The carpet in the bedroom was dated. The Tribunal orders fifty percent of the $900.00 cost of the carpet’s replacement with a vinyl product. Filing fee
The tenant must reimburse the landlord for the filing fee. 5 Bond
The bond is to be released to the landlord in part payment of the debt.

Tenancy Tribunal case 4979848 — Rent arrears at 11 Vipond Road, Stanmore Bay, Whangaparaoa 0932

Tenancy Tribunal case 4979848 — Rent arrears at 11 Vipond Road, Stanmore Bay, Whangaparaoa 0932

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?

Property management

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?

Property management