What was the outcome of Tenancy Tribunal case 5039428?

The tribunal order states: Izabella Louise Zurek must pay Oxygen.Co.Nz Limited - As Agent For Naresh

How much money was awarded in case 5039428?

Cleaning: $200.10 awarded to landlord; Filing Fee: $27.00 awarded to landlord; Rent Arrears: $1,929.21 awarded to landlord; Includes Re-Keying Front Door Lock: $747.50 awarded to landlord

What type of tenancy dispute was case 5039428?

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

Where can I read the official tribunal order for case 5039428?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/11064462-Tenancy_Tribunal_Order.pdf.

What was the outcome of Tenancy Tribunal case 5039428?

The tribunal order states: Izabella Louise Zurek must pay Oxygen.Co.Nz Limited - As Agent For Naresh

How much money was awarded in case 5039428?

Cleaning: $200.10 awarded to landlord; Filing Fee: $27.00 awarded to landlord; Rent Arrears: $1,929.21 awarded to landlord; Includes Re-Keying Front Door Lock: $747.50 awarded to landlord

What type of tenancy dispute was case 5039428?

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

Where can I read the official tribunal order for case 5039428?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/11064462-Tenancy_Tribunal_Order.pdf.

Unit/Flat Flat 2, 52 Cruickshank Road, Clouston Park, Tenancy Tribunal Case 5039428 — Rent arrears

Order

Claims and awards in Tenancy Tribunal application 5039428 — net $2,903.81 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears	$1,929.21	Rent arrears
Carpet Cleaning	$200.10	Carpet Cleaning
Repairs: includes re-keying front door lock	$747.50	Repairs: includes re-keying front door lock
Filing fee reimbursement	$27.00	Filing fee reimbursement
Net award	$2,903.81
Total payable by Tenant to Landlord	$2,903.81

Izabella Louise Zurek must pay Oxygen.Co.Nz Limited - As Agent For Naresh Jina Family Trust $2,903.81 immediately, calculated as shown in table below.

Izabella Louise Zurek and Anna Malcolm must pay Oxygen.Co.Nz Limited - As Agent for Naresh Jina Family Trust $2,903.81 immediately, calculated as shown in table below:

Reasons

The landlord’s representative attended the hearing. The tenant made no appearance, I waited to allow for lateness but when the tenant failed to arrive 10 minutes after the start of the hearing, I chose to proceed.

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 on 22 August 2024. 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, and return all keys and security devices. See section 40(1)(e)(ii)-(v) Residential Tenancies Act 1986.

The tenant did not return the keys.

The costs sought include to re-key the front door barrel which is included in the damages sought below. The Landlord discovered that the carpets were visibly dirty and has provided photos showing this and photos showing that pre- tenancy the carpets were clean. The carpet cleaning costs 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. This applies to anything the tenant does and anything done by a person they are responsible for. See section 49B(1) RTA.

The following damage was caused during the tenancy: a. the French door in the lounge were missing a handle; b. there was a foot-sized hole in the wall of bedroom one; c. the bedroom two door handles had been replaced with a mis-fit which was not properly sized for the door, and the door frame had been cracked; d. the hanging rod in the bedroom two wardrobe was missing and the board it fitted into was split; e. the bathroom towel rail had been broken damaging the wall; and f. the toilet roll holder had been broken off the wall.

The landlord has provided photos showing these items were in good condition before the tenancy. 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.

Also award the filing fee.

The tenants mother acted as her guarantor, however, the mother is suffering a significant health issues and the landlord has elected not to have her joined.

Claims and awards in Tenancy Tribunal application 5039428 — net $2,903.81 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears	$1,929.21	Rent arrears
Carpet Cleaning	$200.10	Carpet Cleaning
Repairs: includes re-keying front door lock	$747.50	Repairs: includes re-keying front door lock
Filing fee reimbursement	$27.00	Filing fee reimbursement
Net award	$2,903.81
Total payable by Tenant to Landlord	$2,903.81

Order

Izabella Louise Zurek must pay Oxygen.Co.Nz Limited - As Agent For Naresh Jina Family Trust $2,903.81 immediately, calculated as shown in table below.
Izabella Louise Zurek and Anna Malcolm must pay Oxygen.Co.Nz Limited - As Agent for Naresh Jina Family Trust $2,903.81 immediately, calculated as shown in table below:

Reasons

The landlord’s representative attended the hearing. The tenant made no appearance, I waited to allow for lateness but when the tenant failed to arrive 10 minutes after the start of the hearing, I chose to proceed.
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 on 22 August 2024. 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, and return all keys and security devices. See section 40(1)(e)(ii)-(v) Residential Tenancies Act 1986.
The tenant did not return the keys.
The costs sought include to re-key the front door barrel which is included in the damages sought below. The Landlord discovered that the carpets were visibly dirty and has provided photos showing this and photos showing that pre- tenancy the carpets were clean. The carpet cleaning costs 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. This applies to anything the tenant does and anything done by a person they are responsible for. See section 49B(1) RTA.
The following damage was caused during the tenancy: a. the French door in the lounge were missing a handle; b. there was a foot-sized hole in the wall of bedroom one; c. the bedroom two door handles had been replaced with a mis-fit which was not properly sized for the door, and the door frame had been cracked; d. the hanging rod in the bedroom two wardrobe was missing and the board it fitted into was split; e. the bathroom towel rail had been broken damaging the wall; and f. the toilet roll holder had been broken off the wall.
The landlord has provided photos showing these items were in good condition before the tenancy. 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.
Also award the filing fee.
The tenants mother acted as her guarantor, however, the mother is suffering a significant health issues and the landlord has elected not to have her joined.

Tenancy Tribunal case 5039428 — Rent arrears at Unit/Flat Flat 2, 52 Cruickshank Road, Clouston Park,

At a glance

Tenancy Tribunal case 5039428 — Rent arrears at Unit/Flat Flat 2, 52 Cruickshank Road, Clouston Park,

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