What was the outcome of Tenancy Tribunal case 4986309?

The tribunal order states: Maria Fao, Ata Fao and John Junior Fao must pay The Rent Shop Limited As

How much money was awarded in case 4986309?

Filing Fee: $27.00 awarded to landlord; Kitchen Vinyl: $1,397.25 awarded to landlord; Property Damage: $862.50 awarded to landlord; Property Damage: $1,180.00 awarded to landlord; Rent Arrears: $494.29 awarded to landlord; Rubbish Removal: $600.00 awarded to landlord

What type of tenancy dispute was case 4986309?

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

Where can I read the official tribunal order for case 4986309?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/11399412-Tenancy_Tribunal_Order.pdf.

What was the outcome of Tenancy Tribunal case 4986309?

The tribunal order states: Maria Fao, Ata Fao and John Junior Fao must pay The Rent Shop Limited As

How much money was awarded in case 4986309?

Filing Fee: $27.00 awarded to landlord; Kitchen Vinyl: $1,397.25 awarded to landlord; Property Damage: $862.50 awarded to landlord; Property Damage: $1,180.00 awarded to landlord; Rent Arrears: $494.29 awarded to landlord; Rubbish Removal: $600.00 awarded to landlord

What type of tenancy dispute was case 4986309?

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

Where can I read the official tribunal order for case 4986309?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/11399412-Tenancy_Tribunal_Order.pdf.

17 Perth Street, Otara, Auckland 2023 Tenancy Tribunal Case 4986309 — Property damage

Reasons

Claims and awards in Tenancy Tribunal application 4986309 — net $4,561.04 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears to 1 July 2024	$494.29	Rent arrears to 1 July 2024
Window repairs	$862.50	Window repairs
Vinyl floor replacement	$1,397.25	Vinyl floor replacement
Rubbish removal: and cleaning	$600.00	Rubbish removal: and cleaning
Repairs	$1,180.00	Repairs
Filing fee reimbursement	$27.00	Filing fee reimbursement
Net award	$4,561.04
Total payable by Tenant to Landlord	$4,561.04

The landlord attended the hearing. The tenant did not attend the hearing.

The tenancy was terminated by the Tribunal on 19 Jule 2024. The tenancy was to end on 30 June 2024, but the landlord said the tenant took a couple of days to vacate the premises.

The Tribunal awarded rent arrears to 19 June 2024 and the bond was released to go towards the arrears.

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?

The tenancy ended on 1 July 2024. The landlord provided rent records. I note that the previous Tribunal order had not taken account of a payment made by the tenant on 19 June 2024. This has now been applied in the rent summary. The award of rent arrears is for the period from 20 June 2024 to 1 July 2024 less the credit from when the bond and the extra payment was applied to the 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, 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 did not leave the premises reasonably clean and tidy, and did not remove all rubbish.

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: broken windows, damaged lino (kitchen, toilet and laundry), damaged door frame, damaged door and missing lock. The damage is more than fair wear and tear, and the tenant has not disproved liability for the damage.

The amounts ordered are proved.

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 The Rent Shop Limited As Agent For Ghazwan Alassafi has wholly succeeded with the claim I must reimburse the filing fee.

Claims and awards in Tenancy Tribunal application 4986309 — net $4,561.04 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears to 1 July 2024	$494.29	Rent arrears to 1 July 2024
Window repairs	$862.50	Window repairs
Vinyl floor replacement	$1,397.25	Vinyl floor replacement
Rubbish removal: and cleaning	$600.00	Rubbish removal: and cleaning
Repairs	$1,180.00	Repairs
Filing fee reimbursement	$27.00	Filing fee reimbursement
Net award	$4,561.04
Total payable by Tenant to Landlord	$4,561.04

Order

Maria Fao, Ata Fao and John Junior Fao must pay The Rent Shop Limited As Agent For Ghazwan Alassafi $4,561.04 immediately, calculated as shown in table below.

Reasons

The landlord attended the hearing. The tenant did not attend the hearing.
The tenancy was terminated by the Tribunal on 19 Jule 2024. The tenancy was to end on 30 June 2024, but the landlord said the tenant took a couple of days to vacate the premises.
The Tribunal awarded rent arrears to 19 June 2024 and the bond was released to go towards the arrears.
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?

The tenancy ended on 1 July 2024. The landlord provided rent records. I note that the previous Tribunal order had not taken account of a payment made by the tenant on 19 June 2024. This has now been applied in the rent summary. The award of rent arrears is for the period from 20 June 2024 to 1 July 2024 less the credit from when the bond and the extra payment was applied to the 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, 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 did not leave the premises reasonably clean and tidy, and did not remove all rubbish.
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: broken windows, damaged lino (kitchen, toilet and laundry), damaged door frame, damaged door and missing lock. The damage is more than fair wear and tear, and the tenant has not disproved liability for the damage.
The amounts ordered are proved.
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 The Rent Shop Limited As Agent For Ghazwan Alassafi has wholly succeeded with the claim I must reimburse the filing fee.

Tenancy Tribunal case 4986309 — Property damage at 17 Perth Street, Otara, Auckland 2023

At a glance

Tenancy Tribunal case 4986309 — Property damage at 17 Perth Street, Otara, Auckland 2023

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