What was Tenancy Tribunal case 5060788 about?

The tribunal order states: [The tenant/s] must pay [The landlord/s] $1,944.21 immediately, calculated as

How much money was awarded in case 5060788?

Individual award amounts are in the official MoJ PDF. Claim amounts appear on this page when claims and net totals reconcile.

What type of tenancy dispute was case 5060788?

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

Where can I read the official tribunal order for case 5060788?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/11640701-Tenancy_Tribunal_Order.pdf.

What was Tenancy Tribunal case 5060788 about?

The tribunal order states: [The tenant/s] must pay [The landlord/s] $1,944.21 immediately, calculated as

How much money was awarded in case 5060788?

Individual award amounts are in the official MoJ PDF. Claim amounts appear on this page when claims and net totals reconcile.

What type of tenancy dispute was case 5060788?

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

Where can I read the official tribunal order for case 5060788?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/11640701-Tenancy_Tribunal_Order.pdf.

14A Reeves Road, Pakuranga, Auckland 2010 Tenancy Tribunal Case 5060788 — Rent arrears

Order

[The tenant/s] must pay [The landlord/s] $1,944.21 immediately, calculated as shown in table below.
The Bond Centre is to pay the bond of $2,600.00 (3330036-010) to [The landlord/s] immediately. DescriptionLandlord Rent arrears to 27/10/24$2,725.71 Cleaning$100.00 Carpet Cleaning$300.00 Rubbish removal$57.50 Repairs: ceiling$862.50 Repairs: hole bedroom door$264.50 Repairs: wall - poor repair$207.00 Filing fee reimbursement$27.00 Sub-total$4,544.21 Bond$2,600.00 Total amount tenant must pay the landlord$1,944.21

Reasons

The landlord attended the hearing with Yuchi he as a support person.
The landlord has applied for rent and water arrears, compensation, reimbursement of the filing fee, and payment over of the bond following the end of the tenancy.

How much is owed for rent and water?

The tenancy began on 20 June 2021 and ended on 27 October 2024. The landlord provided rent records that prove the amount owing for rent at the end of the tenancy. The Tribunal orders the rent arrears as sought.
I am not satisfied the landlord has calculated the tenant’s water costs correctly. Therefore, I decline to make an order for water arrears.

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 remove all rubbish. 1
The tenant did not leave the premises reasonably clean and tidy and did not remove all rubbish.
The landlord proved the amounts the Tribunal has ordered for cleaning, carpet cleaning, and rubbish removal. The landlord incurred these costs due to the tenant’s breaching their move-out obligations, so the orders must be made.

Is the tenant liable for damage to the premises?

Ms Zhao says that the tenant damaged the ceiling by painting patches of the ceiling without completing the ceiling work; holing a bedroom door; holing a wall (which was inadequately repaired); damaging the garage door and a weatherboard; and painting over a section of wallpaper.
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. 1 Residential Tenancies Act 1986 (RTA), s 40(1)(e)(iii).
Tenants are responsible for the actions of people at the premises with their permission. 2
Tenants are also 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. 3
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. 4
I am satisfied that the ceilings, bedroom door, and wall were damaged during the tenancy. The damage is more than fair wear and tear, and the tenant has not disproved liability for the damage.
The amounts ordered for these are proved as set out in the table above.
I am not satisfied that the garage door/weatherboard damage occurred during the tenancy because there were no pre-tenancy photographs to prove the door’s condition. I do not allow the claim for the tenant painting over a section of wallpaper because I am not satisfied the landlord suffered a loss given the house was to be sold and the wallpaper likely needed refurbishment anyway. Filing fee
The tenant must reimburse the landlord for their filing fee.

Order

[The tenant/s] must pay [The landlord/s] $1,944.21 immediately, calculated as shown in table below.
The Bond Centre is to pay the bond of $2,600.00 (3330036-010) to [The landlord/s] immediately. DescriptionLandlord Rent arrears to 27/10/24$2,725.71 Cleaning$100.00 Carpet Cleaning$300.00 Rubbish removal$57.50 Repairs: ceiling$862.50 Repairs: hole bedroom door$264.50 Repairs: wall - poor repair$207.00 Filing fee reimbursement$27.00 Sub-total$4,544.21 Bond$2,600.00 Total amount tenant must pay the landlord$1,944.21

Reasons

The landlord attended the hearing with Yuchi he as a support person.
The landlord has applied for rent and water arrears, compensation, reimbursement of the filing fee, and payment over of the bond following the end of the tenancy.

How much is owed for rent and water?

The tenancy began on 20 June 2021 and ended on 27 October 2024. The landlord provided rent records that prove the amount owing for rent at the end of the tenancy. The Tribunal orders the rent arrears as sought.
I am not satisfied the landlord has calculated the tenant’s water costs correctly. Therefore, I decline to make an order for water arrears.

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 remove all rubbish. 1
The tenant did not leave the premises reasonably clean and tidy and did not remove all rubbish.
The landlord proved the amounts the Tribunal has ordered for cleaning, carpet cleaning, and rubbish removal. The landlord incurred these costs due to the tenant’s breaching their move-out obligations, so the orders must be made.

Is the tenant liable for damage to the premises?

Ms Zhao says that the tenant damaged the ceiling by painting patches of the ceiling without completing the ceiling work; holing a bedroom door; holing a wall (which was inadequately repaired); damaging the garage door and a weatherboard; and painting over a section of wallpaper.
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. 1 Residential Tenancies Act 1986 (RTA), s 40(1)(e)(iii).
Tenants are responsible for the actions of people at the premises with their permission. 2
Tenants are also 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. 3
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. 4
I am satisfied that the ceilings, bedroom door, and wall were damaged during the tenancy. The damage is more than fair wear and tear, and the tenant has not disproved liability for the damage.
The amounts ordered for these are proved as set out in the table above.
I am not satisfied that the garage door/weatherboard damage occurred during the tenancy because there were no pre-tenancy photographs to prove the door’s condition. I do not allow the claim for the tenant painting over a section of wallpaper because I am not satisfied the landlord suffered a loss given the house was to be sold and the wallpaper likely needed refurbishment anyway. Filing fee
The tenant must reimburse the landlord for their filing fee.

Tenancy Tribunal case 5060788 — Rent arrears at 14A Reeves Road, Pakuranga, Auckland 2010

Tenancy Tribunal case 5060788 — Rent arrears at 14A Reeves Road, Pakuranga, Auckland 2010

Order

Reasons

How much is owed for rent and water?

Did the tenant comply with their obligations at the end of the tenancy?

Is the tenant liable for damage to the premises?

Reduce avoidable tribunal risk with proper tenant checks.

Order

Reasons

How much is owed for rent and water?

Did the tenant comply with their obligations at the end of the tenancy?

Is the tenant liable for damage to the premises?

Reduce avoidable tribunal risk with proper tenant checks.