What was the outcome of Tenancy Tribunal case 4990813?

The tribunal order states: Motikiai Seviua Tuilovoni must pay The Rent Shop Limited As Agent For

How much money was awarded in case 4990813?

Cleaning: $805.00 awarded to landlord; Filing Fee: $27.00 awarded to landlord; Lawns and Garden Work: $109.25 awarded to landlord; Rent Arrears: $2,657.14 awarded to landlord; Wall Painting: $977.50 awarded to landlord; Rubbish Removal: $1,150.00 awarded to landlord; Water Rates: $45.59 awarded to landlord

What type of tenancy dispute was case 4990813?

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

Where can I read the official tribunal order for case 4990813?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/11349761-Tenancy_Tribunal_Order.pdf.

What was the outcome of Tenancy Tribunal case 4990813?

The tribunal order states: Motikiai Seviua Tuilovoni must pay The Rent Shop Limited As Agent For

How much money was awarded in case 4990813?

Cleaning: $805.00 awarded to landlord; Filing Fee: $27.00 awarded to landlord; Lawns and Garden Work: $109.25 awarded to landlord; Rent Arrears: $2,657.14 awarded to landlord; Wall Painting: $977.50 awarded to landlord; Rubbish Removal: $1,150.00 awarded to landlord; Water Rates: $45.59 awarded to landlord

What type of tenancy dispute was case 4990813?

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

Where can I read the official tribunal order for case 4990813?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/11349761-Tenancy_Tribunal_Order.pdf.

15A Secretariat Place, Randwick Park, Auckland 2105 Tenancy Tribunal Case 4990813 — Rent arrears

Reasons

Claims and awards in Tenancy Tribunal application 4990813 — net $3,451.48 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears	$2,657.14	Rent arrears
Water rates	$45.59	Water rates
Rubbish removal	$1,150.00	Rubbish removal
Cleaning	$805.00	Cleaning
Lawns and Garden work	$109.25	Lawns and Garden work
Repairs: Wall painting	$977.50	Repairs: Wall painting
Filing fee reimbursement	$27.00	Filing fee reimbursement
Net award	$3,451.48
Total payable by Tenant to Landlord	$3,451.48

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

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 and water rates?

The tenancy ended on 16 September 2024. The tenant gave notice to end the tenancy on 19 August 2024. The notice period is 28 days (see section 51(2B) Residential Tenancies Act 1986).

The landlord provided rent records and water rates invoices which prove the amount owing at the end of the tenancy.

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: wall hole in hallway, scraps and marks on walls.

The landlord sought $2,875.00 for repainting three bedrooms, the hallway and laundry walls. The ingoing inspection shows one wall hole in the hallway and some scraps on the walls in other rooms. Some of the damage is fair wear and tear and some could have been cleaned rather than repainted. Also, I note that there is wall damage in the ingoing inspection report including in bedroom 3 and the laundry.

I note that in relation to the laundry walls the ingoing inspection report states, “Walls mainly in tact, but some real wear and tear/marks/dirt on the walls”. For the bedrooms the report states, “walls mainly good, some marks/wear visible”, “walls in good condition, some minor wear visible”, and “walls still in good condition, minor marks visible”.

Given the evidence I consider that there was wear and tear at the beginning of the tenancy and after this three-year tenancy there would be further wear and tear. I have reduced the award for repainting to $977.50 being approximately one third of the amount sought plus GST which I consider is reasonable.

Because The Rent Shop Limited As Agent For Johnny Ly has substantially succeeded with the claim I have reimbursed the filing fee.

Claims and awards in Tenancy Tribunal application 4990813 — net $3,451.48 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears	$2,657.14	Rent arrears
Water rates	$45.59	Water rates
Rubbish removal	$1,150.00	Rubbish removal
Cleaning	$805.00	Cleaning
Lawns and Garden work	$109.25	Lawns and Garden work
Repairs: Wall painting	$977.50	Repairs: Wall painting
Filing fee reimbursement	$27.00	Filing fee reimbursement
Net award	$3,451.48
Total payable by Tenant to Landlord	$3,451.48

Order

Motikiai Seviua Tuilovoni must pay The Rent Shop Limited As Agent For Johnny Ly $3,451.48 immediately, calculated as shown in table below.
The Bond Centre is to pay the bond of $2,320.00 (3526129-015) to The Rent Shop Limited As Agent For Johnny Ly immediately.

Reasons

The landlord attended the hearing. The tenant did not attend the hearing.
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 and water rates?

The tenancy ended on 16 September 2024. The tenant gave notice to end the tenancy on 19 August 2024. The notice period is 28 days (see section 51(2B) Residential Tenancies Act 1986).
The landlord provided rent records and water rates invoices which prove the amount owing at the end of the tenancy.

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: wall hole in hallway, scraps and marks on walls.
The landlord sought $2,875.00 for repainting three bedrooms, the hallway and laundry walls. The ingoing inspection shows one wall hole in the hallway and some scraps on the walls in other rooms. Some of the damage is fair wear and tear and some could have been cleaned rather than repainted. Also, I note that there is wall damage in the ingoing inspection report including in bedroom 3 and the laundry.
I note that in relation to the laundry walls the ingoing inspection report states, “Walls mainly in tact, but some real wear and tear/marks/dirt on the walls”. For the bedrooms the report states, “walls mainly good, some marks/wear visible”, “walls in good condition, some minor wear visible”, and “walls still in good condition, minor marks visible”.
Given the evidence I consider that there was wear and tear at the beginning of the tenancy and after this three-year tenancy there would be further wear and tear. I have reduced the award for repainting to $977.50 being approximately one third of the amount sought plus GST which I consider is reasonable.
Because The Rent Shop Limited As Agent For Johnny Ly has substantially succeeded with the claim I have reimbursed the filing fee.

Tenancy Tribunal case 4990813 — Rent arrears at 15A Secretariat Place, Randwick Park, Auckland 2105

At a glance

Tenancy Tribunal case 4990813 — Rent arrears at 15A Secretariat Place, Randwick Park, Auckland 2105

At a glance

Award balance

Claims & awards

Order

Reasons

How much is owed for rent and water rates?

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 and water rates?

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