What was the outcome of Tenancy Tribunal case 4986930?

The tribunal order states: The tenancy of Kim Deborah Nixon at 28 Serwayne Place, Sunnyvale,

How much money was awarded in case 4986930?

Filing Fee: $27.00 awarded to landlord; Rent Arrears: $610.00 awarded to landlord; Rent To End Of Tenancy 2 Oct - 3 Oct…: $168.57 awarded to landlord; Boarding Up Of Window: $329.02 awarded to landlord; Water Rates: $456.80 awarded to landlord

What type of tenancy dispute was case 4986930?

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

Where can I read the official tribunal order for case 4986930?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/10906062-Tenancy_Tribunal_Order.pdf.

What was the outcome of Tenancy Tribunal case 4986930?

The tribunal order states: The tenancy of Kim Deborah Nixon at 28 Serwayne Place, Sunnyvale,

How much money was awarded in case 4986930?

Filing Fee: $27.00 awarded to landlord; Rent Arrears: $610.00 awarded to landlord; Rent To End Of Tenancy 2 Oct - 3 Oct…: $168.57 awarded to landlord; Boarding Up Of Window: $329.02 awarded to landlord; Water Rates: $456.80 awarded to landlord

What type of tenancy dispute was case 4986930?

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

Where can I read the official tribunal order for case 4986930?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/10906062-Tenancy_Tribunal_Order.pdf.

28 Serwayne Place, Sunnyvale, Auckland 0612 Tenancy Tribunal Case 4986930 — Rent arrears

Order

Claims and awards in Tenancy Tribunal application 4986930 — net $1,591.39 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears to 1 Oct 2024	$610.00	Rent arrears to 1 Oct 2024
Rent to end of tenancy 2 Oct - 3 Oct 2024	$168.57	Rent to end of tenancy 2 Oct - 3 Oct 2024
Repairs: Boarding up of window	$329.02	Repairs: Boarding up of window
Water rates 20 Nov 2023 – 15 Aug 2024	$456.80	Water rates 20 Nov 2023 – 15 Aug 2024
Filing fee reimbursement	$27.00	Filing fee reimbursement
Net award	$1,591.39
Total payable by Tenant to Landlord	$1,591.39

The tenancy of Kim Deborah Nixon at 28 Serwayne Place, Sunnyvale, Auckland 0612 is terminated, and possession is granted to Cotswold Property Management Limited T/As Quinovic Property Management, at 11:59pm, Thursday 3 October 2024.

The Bond Centre is to pay $1,591.39 from the bond of $1,820.00 (5532559- 002) to Cotswold Property Management Limited T/As Quinovic Property Management immediately.

The balance of the bond of $228.61 is to remain at the Bond Centre.

Reasons

The landlord’s agents attended the hearing. The tenant did not attend.

The landlord stated the tenant has been charged with arson by Police and a warrant for arrest was issued following her failure to appear on 1 October 2024.

Should the tenancy be terminated?

The landlord’s agent has applied to terminate the tenancy on the grounds that, as a result of a breach of the tenancy agreement, the premises were destroyed or so seriously damaged as to be uninhabitable (Section 59A Residential Tenancies Act 1986).

The breach relied upon is a fire the tenant is alleged to have started in the garage of the premises on 28 August 2024. Although the garage was destroyed, it was not attached to the house and the landlord’s agent confirmed the house was habitable, albeit the house had some damage to the exterior and there were health and safety concerns regarding any person entering the burnt- out garage.

During the hearing, the landlord’s agent amended the application to one seeking immediate termination on the basis the tenant caused substantial damage to the premises (Section s55(1)(b) Residential Tenancies Act 1986).

The landlord’s agent produced photographs showing the burnt-out garage, which was situated approximately two metres from the three-bedroom house. The garage consisted of a single car garage, and a storage shed, all within the one building which was detached from the main house.

The landlord’s agent produced the Police summary of facts which states the tenant has been charged with arson (danger to life) under section 267(1)(a) of the Crimes Act 1961. The summary of facts alleges the tenant lit a towel on fire and threw it into the garage and then proceeded to film herself using her mobile phone stating she was burning down the garage.

I am satisfied the landlord’s agent have proven the tenant caused substantial damage to the premises and accordingly, make an order terminating the tenancy immediately.

The tenancy will terminate at 11:59pm, Thursday 3 October 2024.

Is the tenant liable for fire damage to the window?

The landlord’s agent has applied for damages of $329.02 for the cost of boarding up the bedroom window at the rear of the house. The glass in the windows was blown out as a result of the fire on 28 August 2024.

The landlord’s agent has produced photos which show the glass windows damaged and an invoice from Back2Front Ltd for $329.02 for the cost of boarding up the window.

I am satisfied the damage to the window was a direct result of the fire which the tenant lit in the garage.

Does the tenant owe rent arrears?

The landlord’s agent has applied for rent arrears and has provided rent records which prove the amount owing to 1 October 2024.

I also make an order for rent to be paid to the end of the tenancy, being a further two days as set out in the table above.

Does the tenant owe water rates outgoings?

The landlord’s agent has applied for water rates and has provided records which show, for the period 20 Nov 2023 to 15 August 2024, water and wastewater consumption rates totalled $694.25, as set out below: a. Invoice dated 20.11.23, $108.73; b. Invoice dated 13.12.23, $70.92; c. Invoice dated 22.01.24, $108.73; d. Invoice dated 07.03.24, $75.63; e. Invoice dated 19.03.24, $33.11. f. Invoice dated 15.04.24, $52.01; g. Invoice dated 17.05.24, $66.17; h. Invoice dated 17.06.24, $61.43; i. Invoice dated 17.07.24, $56.72; j. Invoice dated 15.08.24, $60.80.

The landlord’s agent also provided a tenancy statement recording all water rates charged and payments made. For the period 24 November 2023 to 8 August 2024, the tenant made payments totalling $237.45.

Based on the evidence provided, I am satisfied the tenant owes a balance of $456.80 in water rates for the period 20 Nov 2023 to 15 August 2024.

Should the tenant reimburse the filing fee?

Given Cotswold Property Management Limited T/As Quinovic Property Management has succeeded with the claim the tenant must reimburse the filing fee. Bond

The award ordered is to be paid to the landlord from the bond held by the Bond Centre. The balance of the bond is to remain with the Bond Centre.

Claims and awards in Tenancy Tribunal application 4986930 — net $1,591.39 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears to 1 Oct 2024	$610.00	Rent arrears to 1 Oct 2024
Rent to end of tenancy 2 Oct - 3 Oct 2024	$168.57	Rent to end of tenancy 2 Oct - 3 Oct 2024
Repairs: Boarding up of window	$329.02	Repairs: Boarding up of window
Water rates 20 Nov 2023 – 15 Aug 2024	$456.80	Water rates 20 Nov 2023 – 15 Aug 2024
Filing fee reimbursement	$27.00	Filing fee reimbursement
Net award	$1,591.39
Total payable by Tenant to Landlord	$1,591.39

Order

The tenancy of Kim Deborah Nixon at 28 Serwayne Place, Sunnyvale, Auckland 0612 is terminated, and possession is granted to Cotswold Property Management Limited T/As Quinovic Property Management, at 11:59pm, Thursday 3 October 2024.
The Bond Centre is to pay $1,591.39 from the bond of $1,820.00 (5532559- 002) to Cotswold Property Management Limited T/As Quinovic Property Management immediately.
The balance of the bond of $228.61 is to remain at the Bond Centre.

Reasons

The landlord’s agents attended the hearing. The tenant did not attend.
The landlord stated the tenant has been charged with arson by Police and a warrant for arrest was issued following her failure to appear on 1 October 2024.

Should the tenancy be terminated?

The landlord’s agent has applied to terminate the tenancy on the grounds that, as a result of a breach of the tenancy agreement, the premises were destroyed or so seriously damaged as to be uninhabitable (Section 59A Residential Tenancies Act 1986).
The breach relied upon is a fire the tenant is alleged to have started in the garage of the premises on 28 August 2024. Although the garage was destroyed, it was not attached to the house and the landlord’s agent confirmed the house was habitable, albeit the house had some damage to the exterior and there were health and safety concerns regarding any person entering the burnt- out garage.
During the hearing, the landlord’s agent amended the application to one seeking immediate termination on the basis the tenant caused substantial damage to the premises (Section s55(1)(b) Residential Tenancies Act 1986).
The landlord’s agent produced photographs showing the burnt-out garage, which was situated approximately two metres from the three-bedroom house. The garage consisted of a single car garage, and a storage shed, all within the one building which was detached from the main house.
The landlord’s agent produced the Police summary of facts which states the tenant has been charged with arson (danger to life) under section 267(1)(a) of the Crimes Act 1961. The summary of facts alleges the tenant lit a towel on fire and threw it into the garage and then proceeded to film herself using her mobile phone stating she was burning down the garage.
I am satisfied the landlord’s agent have proven the tenant caused substantial damage to the premises and accordingly, make an order terminating the tenancy immediately.
The tenancy will terminate at 11:59pm, Thursday 3 October 2024.

Is the tenant liable for fire damage to the window?

The landlord’s agent has applied for damages of $329.02 for the cost of boarding up the bedroom window at the rear of the house. The glass in the windows was blown out as a result of the fire on 28 August 2024.
The landlord’s agent has produced photos which show the glass windows damaged and an invoice from Back2Front Ltd for $329.02 for the cost of boarding up the window.
I am satisfied the damage to the window was a direct result of the fire which the tenant lit in the garage.

Does the tenant owe rent arrears?

The landlord’s agent has applied for rent arrears and has provided rent records which prove the amount owing to 1 October 2024.
I also make an order for rent to be paid to the end of the tenancy, being a further two days as set out in the table above.

Does the tenant owe water rates outgoings?

The landlord’s agent has applied for water rates and has provided records which show, for the period 20 Nov 2023 to 15 August 2024, water and wastewater consumption rates totalled $694.25, as set out below: a. Invoice dated 20.11.23, $108.73; b. Invoice dated 13.12.23, $70.92; c. Invoice dated 22.01.24, $108.73; d. Invoice dated 07.03.24, $75.63; e. Invoice dated 19.03.24, $33.11. f. Invoice dated 15.04.24, $52.01; g. Invoice dated 17.05.24, $66.17; h. Invoice dated 17.06.24, $61.43; i. Invoice dated 17.07.24, $56.72; j. Invoice dated 15.08.24, $60.80.
The landlord’s agent also provided a tenancy statement recording all water rates charged and payments made. For the period 24 November 2023 to 8 August 2024, the tenant made payments totalling $237.45.
Based on the evidence provided, I am satisfied the tenant owes a balance of $456.80 in water rates for the period 20 Nov 2023 to 15 August 2024.

Should the tenant reimburse the filing fee?

Given Cotswold Property Management Limited T/As Quinovic Property Management has succeeded with the claim the tenant must reimburse the filing fee. Bond
The award ordered is to be paid to the landlord from the bond held by the Bond Centre. The balance of the bond is to remain with the Bond Centre.

Tenancy Tribunal case 4986930 — Rent arrears at 28 Serwayne Place, Sunnyvale, Auckland 0612

At a glance

Tenancy Tribunal case 4986930 — Rent arrears at 28 Serwayne Place, Sunnyvale, Auckland 0612

At a glance

Award balance

Claims & awards

Order

Reasons

Should the tenancy be terminated?

Is the tenant liable for fire damage to the window?

Does the tenant owe rent arrears?

Does the tenant owe water rates outgoings?

Should the tenant reimburse the filing fee?

Topics & place

Residential Tenancies Act sections

Key findings

Property management

Frequently asked questions

Award balance

Claims & awards

Order

Reasons

Should the tenancy be terminated?

Is the tenant liable for fire damage to the window?

Does the tenant owe rent arrears?

Does the tenant owe water rates outgoings?

Should the tenant reimburse the filing fee?

Topics & place

Residential Tenancies Act sections

Key findings

Property management

Frequently asked questions