What was the outcome of Tenancy Tribunal case 5035408?

The tribunal order states: Toni Broughton-Auva'a and William Fonohema must pay Bay Asset

How much money was awarded in case 5035408?

Cleaning: $166.75 awarded to landlord; Filing Fee: $27.00 awarded to landlord; Property Damage: $650.00 awarded to landlord; Reinstate Curtain Rail And Bracket: $164.93 awarded to landlord; Rent Arrears: $2,057.14 awarded to landlord; Property Damage: $259.44 awarded to landlord

What type of tenancy dispute was case 5035408?

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

Where can I read the official tribunal order for case 5035408?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/11165766-Tenancy_Tribunal_Order.pdf.

What was the outcome of Tenancy Tribunal case 5035408?

The tribunal order states: Toni Broughton-Auva'a and William Fonohema must pay Bay Asset

How much money was awarded in case 5035408?

Cleaning: $166.75 awarded to landlord; Filing Fee: $27.00 awarded to landlord; Property Damage: $650.00 awarded to landlord; Reinstate Curtain Rail And Bracket: $164.93 awarded to landlord; Rent Arrears: $2,057.14 awarded to landlord; Property Damage: $259.44 awarded to landlord

What type of tenancy dispute was case 5035408?

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

Where can I read the official tribunal order for case 5035408?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/11165766-Tenancy_Tribunal_Order.pdf.

Unit/Flat c, 111 Nelson Crescent, Napier South, Napier Tenancy Tribunal Case 5035408 — Rent arrears

Tenantcheck Insights

Loading insights…

Pulling tribunal records

Loading insights…

Pulling tribunal records

Unit/Flat c, 111 Nelson Crescent, Napier South, Napier Tenancy Tribunal Case 5035408 — Rent arrears | 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 5035408 — net $965.26 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears to 1 September 2024	$2,057.14	Rent arrears to 1 September 2024
Insurance excess	$650.00	Insurance excess
Reinstate curtain rail and bracket	$164.93	Reinstate curtain rail and bracket
Cleaning: ceilings	$166.75	Cleaning: ceilings
Repairs: Door repairs	$259.44	Repairs: Door repairs
Filing fee reimbursement	$27.00	Filing fee reimbursement
Net award	$965.26
Total payable by Tenant to Landlord	$965.26

Claims and awards for application 5035408 — net $965.26 NZD. Verify on MoJ.

Rent arrears to 1 September 2024

Amount: $2,057.14
Awarded to: Landlord
Reason: Rent arrears to 1 September 2024

Insurance excess

Amount: $650.00
Awarded to: Landlord
Reason: Insurance excess

Reinstate curtain rail and bracket

Amount: $164.93
Awarded to: Landlord
Reason: Reinstate curtain rail and bracket

Cleaning: ceilings

Amount: $166.75
Awarded to: Landlord
Reason: Cleaning: ceilings

Repairs: Door repairs

Amount: $259.44
Awarded to: Landlord
Reason: Repairs: Door repairs

Claim types — money lines allowed on this order

Cleanliness Filing Fee Property damage Rent arrears

Order

Toni Broughton-Auva'a and William Fonohema must pay Bay Asset Management Limited t/a Propertyscouts Hawkes Bay as Agent for Allan & Sandra Prue $965.26 immediately, calculated as shown in table below.

Reasons

The landlord attended the hearing. The tenants did not attend and were unable to be contacted by phone.
The landlord has applied for rent arrears, compensation and reimbursement of the filing fee following the end of the tenancy. The bond has already been released to the landlord. .

How much is owed for rent?

The tenancy began as a fixed term from 30 June 2023 to 29 June 2024. Thereafter it became a periodic tenancy, able to be ended by the tenants on 28 days’ notice.
On 4 August 2024 the tenants txt the landlord “...my uncle who played the father role in my life has just been told he has six weeks to live, I have to pack up and move back to Auckland and help everyone at home out.”
The property manager manager says that it was not until a couple of days later that the tenants formally confirmed their intention to terminate the tenancy. In my view that txt was a sufficient confirmation of the tenants’ wish to end the tendency to constitute notice, and I have calculated the tenant’s rent liability to 1 September 2024, 28 days from that date.
The landlord has provided rent records which prove the amount owing.

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.
Exit inspection photographs provided by the landlord show that for the most part the tenants’ made a considerable effort to leave the premises in a reasonably clean and tidy condition. There were however areas on the ceiling with extensive fly spotting that needed to be removed. The landlord had cleaners do that work and the cost is proved by the invoice provided.

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 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. .
The exit photos show extensive damage to the wallpaper in the lounge. The damage was not present at the start of the tenancy and is more than fair wear and tear. I find it to be damage the tenants are responsible for.
The landlord made an insurance claim which was accepted, so the tenants’ liability is limited to the $650.00 excess paid on the claim.
The evidence shows that a curtain rail was removed by the tenants during the tenancy. The landlord should be compensated for the cost of having it reinstated, which is proved by the invoices provided.
Photographs also show damage to a bathroom door, which I am satisfied occurred during the tenancy and is more than fair wear and tear. The repair cost is proved by the invoices provided and the landlord is entitled to be compensated for that cost.
Finally, I note that s.49 RTA requires that, “Where any party to a tenancy agreement breaches any of the provisions of the agreement or of this Act, the other party shall take all reasonable steps to limit the damage or loss arising from that breach, in accordance with the rules of law relating to mitigation of loss or damage upon breach of contract.”
There was a significant period between the date the tenants vacated the premises and the end of the tenancy, during which they could have attended to some of the issues that were included in the landlord’s claim. I am satisfied that the landlord gave them reasonable opportunity to do so.
Because Bay Asset Management Limited has succeeded with the claim I must reimburse the filing fee.

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 5035408 — net $965.26 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears to 1 September 2024	$2,057.14	Rent arrears to 1 September 2024
Insurance excess	$650.00	Insurance excess
Reinstate curtain rail and bracket	$164.93	Reinstate curtain rail and bracket
Cleaning: ceilings	$166.75	Cleaning: ceilings
Repairs: Door repairs	$259.44	Repairs: Door repairs
Filing fee reimbursement	$27.00	Filing fee reimbursement
Net award	$965.26
Total payable by Tenant to Landlord	$965.26

Claims and awards for application 5035408 — net $965.26 NZD. Verify on MoJ.

Rent arrears to 1 September 2024

Amount: $2,057.14
Awarded to: Landlord
Reason: Rent arrears to 1 September 2024

Insurance excess

Amount: $650.00
Awarded to: Landlord
Reason: Insurance excess

Reinstate curtain rail and bracket

Amount: $164.93
Awarded to: Landlord
Reason: Reinstate curtain rail and bracket

Cleaning: ceilings

Amount: $166.75
Awarded to: Landlord
Reason: Cleaning: ceilings

Repairs: Door repairs

Amount: $259.44
Awarded to: Landlord
Reason: Repairs: Door repairs

Claim types — money lines allowed on this order

Cleanliness Filing Fee Property damage Rent arrears

Order

Toni Broughton-Auva'a and William Fonohema must pay Bay Asset Management Limited t/a Propertyscouts Hawkes Bay as Agent for Allan & Sandra Prue $965.26 immediately, calculated as shown in table below.

Reasons

The landlord attended the hearing. The tenants did not attend and were unable to be contacted by phone.
The landlord has applied for rent arrears, compensation and reimbursement of the filing fee following the end of the tenancy. The bond has already been released to the landlord. .

How much is owed for rent?

The tenancy began as a fixed term from 30 June 2023 to 29 June 2024. Thereafter it became a periodic tenancy, able to be ended by the tenants on 28 days’ notice.
On 4 August 2024 the tenants txt the landlord “...my uncle who played the father role in my life has just been told he has six weeks to live, I have to pack up and move back to Auckland and help everyone at home out.”
The property manager manager says that it was not until a couple of days later that the tenants formally confirmed their intention to terminate the tenancy. In my view that txt was a sufficient confirmation of the tenants’ wish to end the tendency to constitute notice, and I have calculated the tenant’s rent liability to 1 September 2024, 28 days from that date.
The landlord has provided rent records which prove the amount owing.

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.
Exit inspection photographs provided by the landlord show that for the most part the tenants’ made a considerable effort to leave the premises in a reasonably clean and tidy condition. There were however areas on the ceiling with extensive fly spotting that needed to be removed. The landlord had cleaners do that work and the cost is proved by the invoice provided.

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 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. .
The exit photos show extensive damage to the wallpaper in the lounge. The damage was not present at the start of the tenancy and is more than fair wear and tear. I find it to be damage the tenants are responsible for.
The landlord made an insurance claim which was accepted, so the tenants’ liability is limited to the $650.00 excess paid on the claim.
The evidence shows that a curtain rail was removed by the tenants during the tenancy. The landlord should be compensated for the cost of having it reinstated, which is proved by the invoices provided.
Photographs also show damage to a bathroom door, which I am satisfied occurred during the tenancy and is more than fair wear and tear. The repair cost is proved by the invoices provided and the landlord is entitled to be compensated for that cost.
Finally, I note that s.49 RTA requires that, “Where any party to a tenancy agreement breaches any of the provisions of the agreement or of this Act, the other party shall take all reasonable steps to limit the damage or loss arising from that breach, in accordance with the rules of law relating to mitigation of loss or damage upon breach of contract.”
There was a significant period between the date the tenants vacated the premises and the end of the tenancy, during which they could have attended to some of the issues that were included in the landlord’s claim. I am satisfied that the landlord gave them reasonable opportunity to do so.
Because Bay Asset Management Limited has succeeded with the claim I must reimburse the filing fee.

Tenancy Tribunal case 5035408 — Rent arrears at Unit/Flat c, 111 Nelson Crescent, Napier South, Napier

At a glance

Tenancy Tribunal case 5035408 — Rent arrears at Unit/Flat c, 111 Nelson Crescent, Napier South, Napier

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