What was the outcome of Tenancy Tribunal case 4995588?

The tribunal order states: Jason James Owen must pay 23 Property Management Limited As Agent For

How much money was awarded in case 4995588?

Cleaning: $175.00 awarded to landlord; Cleaning: $495.00 awarded to landlord; Filing Fee: $27.00 awarded to landlord; Lawns: $150.00 awarded to landlord; Property Damage: $725.00 awarded to landlord; Pest Control: $250.00 awarded to landlord; Property Damage: $195.00 awarded to landlord; Rent Arrears: $750.00 awarded to landlord; Walls: $450.00 awarded to landlord; Replace Furnishings: Lounge Curtains: $120.00 awarded to landlord; Rubbish Removal: $895.00 awarded to landlord

What type of tenancy dispute was case 4995588?

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

Where can I read the official tribunal order for case 4995588?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/11674701-Tribunal_Order.pdf.

What was the outcome of Tenancy Tribunal case 4995588?

The tribunal order states: Jason James Owen must pay 23 Property Management Limited As Agent For

How much money was awarded in case 4995588?

Cleaning: $175.00 awarded to landlord; Cleaning: $495.00 awarded to landlord; Filing Fee: $27.00 awarded to landlord; Lawns: $150.00 awarded to landlord; Property Damage: $725.00 awarded to landlord; Pest Control: $250.00 awarded to landlord; Property Damage: $195.00 awarded to landlord; Rent Arrears: $750.00 awarded to landlord; Walls: $450.00 awarded to landlord; Replace Furnishings: Lounge Curtains: $120.00 awarded to landlord; Rubbish Removal: $895.00 awarded to landlord

What type of tenancy dispute was case 4995588?

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

Where can I read the official tribunal order for case 4995588?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/11674701-Tribunal_Order.pdf.

9A Clayton Road, Manurewa, Auckland 2102 Tenancy Tribunal Case 4995588 — Property damage

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9A Clayton Road, Manurewa, Auckland 2102 Tenancy Tribunal Case 4995588 — Property damage | TenantCheck

Claims & awards

What this tenancy cost at tribunal — claim, category, amount, and party awarded, with reconciled net total.

Claims and awards in Tenancy Tribunal application 4995588 — net $4,232.00 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Total rent arrears to 8 July 2024 (excess only), incorporating the	$750.00	Total rent arrears to 8 July 2024 (excess only), incorporating the
previous order dated 26/6/2024 under application 4886428 Rubbish removal	$895.00	previous order dated 26/6/2024 under application 4886428 Rubbish removal
Cleaning	$495.00	Cleaning
Carpet Cleaning	$175.00	Carpet Cleaning
Lock/key replacement: including repairs to ranchslider	$725.00	Lock/key replacement: including repairs to ranchslider
Repairs: walls	$450.00	Repairs: walls
Replacement of missing heatpump remote	$195.00	Replacement of missing heatpump remote
Lawns	$150.00	Lawns
Pest control	$250.00	Pest control
Replace furnishings: lounge curtains	$120.00	Replace furnishings: lounge curtains
Filing fee reimbursement	$27.00	Filing fee reimbursement
Net award	$4,232.00
Total payable by Tenant to Landlord	$4,232.00

Claims and awards for application 4995588 — net $4,232.00 NZD. Verify on MoJ.

Total rent arrears to 8 July 2024 (excess only), incorporating the

Amount: $750.00
Awarded to: Landlord
Reason: Total rent arrears to 8 July 2024 (excess only), incorporating the

previous order dated 26/6/2024 under application 4886428 Rubbish removal

Amount: $895.00
Awarded to: Landlord
Reason: previous order dated 26/6/2024 under application 4886428 Rubbish removal

Cleaning

Amount: $495.00
Awarded to: Landlord
Reason: Cleaning

Carpet Cleaning

Amount: $175.00
Awarded to: Landlord
Reason: Carpet Cleaning

Lock/key replacement: including repairs to ranchslider

Amount: $725.00
Awarded to: Landlord

Claim types — money lines allowed on this order

Carpet Cleaning Cleanliness Filing Fee Property damage Pest Control Rent arrears Rubbish Removal

Order

Jason James Owen must pay 23 Property Management Limited As Agent For Karin Instone & Matthew Ross $4,232.00 immediately, calculated as shown in table below. DescriptionLandlord Total rent arrears to 8 July 2024 (excess only), incorporating the $750.00 previous order dated 26/6/2024 under application 4886428 Rubbish removal$895.00 Cleaning$495.00 Carpet Cleaning$175.00 Lock/key replacement: including repairs to ranchslider$725.00 Repairs: walls$450.00 Replacement of missing heatpump remote$195.00 Lawns $150.00 Pest control$250.00 Replace furnishings: lounge curtains$120.00 Filing fee reimbursement$27.00 Total payable by Tenant to Landlord$4,232.00
This order incorporates the Tribunal order made on 26 June 2024 under application 4886428.

Reasons

Only the landlord’s representative attended the hearing. The tenant did not appear.
The landlord has applied for rent arrears, compensation, and reimbursement of the filing fee following the end of the tenancy.

How much is owed for rent?

The tenancy ended by order of the tenancy tribunal under application 4886428 dated 26 June 2024.
The landlord provided rent records which prove the amount owing at the end of the tenancy on 8 July 2024 when possession of the premises was returned to the landlord.
On the Tribunal order dated 26 June 2024 relating to this tenancy under application 4886428, the rent arrears awarded was calculated to 26 June 2024 and the tenancy terminated on that date. The bond was returned to the landlord pursuant to that order.
The total rent arrears sought presently is calculated to 8 July 2024 which was the date actual possession of the premises returned to the landlord.
The landlord confirmed however that their insurer has covered most of the lost rent totalling $3,857.14, applying an excess of $750.00 which is the uninsured rent loss.
I therefore award $750.00 for rent arrears as sought by the landlord.
The previous order dated 26 June 2024 is now incorporated into this order. For the avoidance of doubt, the previous monetary order of 26 June 2024 may no longer be enforced as all rents claimed (and previously awarded) is now incorporated into this order.

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 tenant did not return the keys.
The curtains and heatpump remote were missing at the end of the tenancy. The landlord had to replace them.
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.
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: ranchslider and walls. The damage is more than fair wear and tear, and the tenant has not disproved liability for the damage.
The amounts ordered are proved.

Claims & awards

What this tenancy cost at tribunal — claim, category, amount, and party awarded, with reconciled net total.

Claims and awards in Tenancy Tribunal application 4995588 — net $4,232.00 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Total rent arrears to 8 July 2024 (excess only), incorporating the	$750.00	Total rent arrears to 8 July 2024 (excess only), incorporating the
previous order dated 26/6/2024 under application 4886428 Rubbish removal	$895.00	previous order dated 26/6/2024 under application 4886428 Rubbish removal
Cleaning	$495.00	Cleaning
Carpet Cleaning	$175.00	Carpet Cleaning
Lock/key replacement: including repairs to ranchslider	$725.00	Lock/key replacement: including repairs to ranchslider
Repairs: walls	$450.00	Repairs: walls
Replacement of missing heatpump remote	$195.00	Replacement of missing heatpump remote
Lawns	$150.00	Lawns
Pest control	$250.00	Pest control
Replace furnishings: lounge curtains	$120.00	Replace furnishings: lounge curtains
Filing fee reimbursement	$27.00	Filing fee reimbursement
Net award	$4,232.00
Total payable by Tenant to Landlord	$4,232.00

Claims and awards for application 4995588 — net $4,232.00 NZD. Verify on MoJ.

Total rent arrears to 8 July 2024 (excess only), incorporating the

Amount: $750.00
Awarded to: Landlord
Reason: Total rent arrears to 8 July 2024 (excess only), incorporating the

previous order dated 26/6/2024 under application 4886428 Rubbish removal

Amount: $895.00
Awarded to: Landlord
Reason: previous order dated 26/6/2024 under application 4886428 Rubbish removal

Cleaning

Amount: $495.00
Awarded to: Landlord
Reason: Cleaning

Carpet Cleaning

Amount: $175.00
Awarded to: Landlord
Reason: Carpet Cleaning

Lock/key replacement: including repairs to ranchslider

Amount: $725.00
Awarded to: Landlord

Claim types — money lines allowed on this order

Carpet Cleaning Cleanliness Filing Fee Property damage Pest Control Rent arrears Rubbish Removal

Order

Jason James Owen must pay 23 Property Management Limited As Agent For Karin Instone & Matthew Ross $4,232.00 immediately, calculated as shown in table below. DescriptionLandlord Total rent arrears to 8 July 2024 (excess only), incorporating the $750.00 previous order dated 26/6/2024 under application 4886428 Rubbish removal$895.00 Cleaning$495.00 Carpet Cleaning$175.00 Lock/key replacement: including repairs to ranchslider$725.00 Repairs: walls$450.00 Replacement of missing heatpump remote$195.00 Lawns $150.00 Pest control$250.00 Replace furnishings: lounge curtains$120.00 Filing fee reimbursement$27.00 Total payable by Tenant to Landlord$4,232.00
This order incorporates the Tribunal order made on 26 June 2024 under application 4886428.

Reasons

Only the landlord’s representative attended the hearing. The tenant did not appear.
The landlord has applied for rent arrears, compensation, and reimbursement of the filing fee following the end of the tenancy.

How much is owed for rent?

The tenancy ended by order of the tenancy tribunal under application 4886428 dated 26 June 2024.
The landlord provided rent records which prove the amount owing at the end of the tenancy on 8 July 2024 when possession of the premises was returned to the landlord.
On the Tribunal order dated 26 June 2024 relating to this tenancy under application 4886428, the rent arrears awarded was calculated to 26 June 2024 and the tenancy terminated on that date. The bond was returned to the landlord pursuant to that order.
The total rent arrears sought presently is calculated to 8 July 2024 which was the date actual possession of the premises returned to the landlord.
The landlord confirmed however that their insurer has covered most of the lost rent totalling $3,857.14, applying an excess of $750.00 which is the uninsured rent loss.
I therefore award $750.00 for rent arrears as sought by the landlord.
The previous order dated 26 June 2024 is now incorporated into this order. For the avoidance of doubt, the previous monetary order of 26 June 2024 may no longer be enforced as all rents claimed (and previously awarded) is now incorporated into this order.

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 tenant did not return the keys.
The curtains and heatpump remote were missing at the end of the tenancy. The landlord had to replace them.
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.
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: ranchslider and walls. The damage is more than fair wear and tear, and the tenant has not disproved liability for the damage.
The amounts ordered are proved.

Tenancy Tribunal case 4995588 — Property damage at 9A Clayton Road, Manurewa, Auckland 2102

At a glance

Tenancy Tribunal case 4995588 — Property damage at 9A Clayton Road, Manurewa, Auckland 2102

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