What was the outcome of Tenancy Tribunal case 5091173?

The tribunal order states: This order is re-issued to correct an error in the calculation of the total bond.

How much money was awarded in case 5091173?

Filing Fee: $27.00 awarded to landlord; Rent Arrears: $1,898.00 awarded to landlord

What type of tenancy dispute was case 5091173?

The primary dispute was Rent arrears.

Where can I read the official tribunal order for case 5091173?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/11416498-Tribunal_Order.pdf.

What was the outcome of Tenancy Tribunal case 5091173?

The tribunal order states: This order is re-issued to correct an error in the calculation of the total bond.

How much money was awarded in case 5091173?

Filing Fee: $27.00 awarded to landlord; Rent Arrears: $1,898.00 awarded to landlord

What type of tenancy dispute was case 5091173?

The primary dispute was Rent arrears.

Where can I read the official tribunal order for case 5091173?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/11416498-Tribunal_Order.pdf.

Unit/Flat 4, 12-14 Haining Street, Te Aro, Wellngton 6022 Tenancy Tribunal Case 5091173 — Rent arrears

Claims and awards in Tenancy Tribunal application 5091173 — net $1,925.00 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
D Palmay & G Rossi-Wall Rent arrears to 24 Nov 2024	$1,898.00	D Palmay & G Rossi-Wall Rent arrears to 24 Nov 2024
Filing fee reimbursement	$27.00	Filing fee reimbursement
Net award	$1,925.00
Total payable by Tenant to Landlord	$1,925.00

Order

This order is re-issued to correct an error in the calculation of the total bond. The total bond held is $4,780.00, not $4,870.00 as recorded in the order issued 22 January 2025.
The tenancy of James David Milne, Remy Pascal Roland Degas, Daniel Andras Palmay and Giacomo Rewi Giovanni Rossi-Wall at Unit/Flat 4, 12-14 Haining Street, Te Aro, Wellngton 6022 is terminated, and possession is granted to Managed For You Limited - As Agent For Taumata Investments Ltd, at 11:59pm, Friday 24 January 2025.
The Bond Centre is to pay part of the bond being $1,925.00 (BN-00007577) to Managed For You Limited - As Agent For Taumata Investments Ltd immediately. The Bond Centre is to pay the remainder of the bond of $2,855.00 (BN-00007577) to Daniel Andras Palmay and Giacomo Rewi Giovanni Rossi- Wall immediately. DescriptionLandlordD Palmay & G Rossi-Wall Rent arrears to 24 Nov 2024$1,898.00 Filing fee reimbursement$27.00 Total award$1,925.00 Bond$1,925.00$2,855.00

Reasons

The landlord and three of the tenants, Mr Milne, Mr Palmay and Mr Rossi-Wall, attended the video hearing. Mr Degas did not attend.
The landlord has applied for termination, rent arrears, compensation for damage to a door, refund of the bond, and reimbursement of the filing fee. The tenancy
A tenancy commenced at the premises in May 2024. The tenants were James David Milne, Remy Pascal Roland Degas and Phillip Loughton Mutu (the Original Tenants).
The Original Tenants had flatmates who resided at the premises but the above three-named were the only tenants on the tenancy agreement.
On 14 October 2024, Daniel Andras Palmay and Giacomo Rewi Giovanni Rossi-Wall signed a variation of the tenancy agreement under which they became tenants. Under the same variation agreement, Phillip Loughton Mutu left the tenancy and James Milne and Remy Degas remained as tenants.
At the date of hearing, Mr Milne and Mr Degas were no longer residing at the property. Mr Palmay and Mr Rossi-Wall were residing at the property. Termination of the tenancy
It was agreed between the parties that the current tenancy should come to an end this coming Friday.
Mr Palmay and Mr Rossi-Wall wish to immediately commence a new tenancy at the premises following the end of this tenancy and the landlord indicated that is agreed. I leave it to those parties to enter into any new tenancy.
I order the current tenancy come to an end at the time and date stated.

How much is owed for rent?

The landlord provided rent records which prove rent arrears began accruing from 31 August 2024. As at 13 October 2024, rent arrears totalled $2,742.86.
The most recent rent records provided by the landlord show that, as at 29 November 2024, rent arrears totalled $1,898.00.
The landlord submitted that, as at the date of hearing, a total of $4,329.92 is owed in rent, however, no rent records were filed in support of that amount.
Mr Palmay states he moved into the premises in July 2024 and paid a bond to the previous tenant, Phillip Loughton Mutu. He says he didn’t legally become a tenant until 14 October 2024 when he signed the variation agreement. Mr Palmay says he should not be held liable for rent arrears which were accrued before he became a legal tenant.
Mr Rossi-Wall essentially agreed with Mr Palmay’s position. He stated he moved into the flat in September 2024, but also did not become a tenant until 14 October 2024. He says when he signed the variation agreement he did not know there were rent arrears owing and he does not accept he is liable for those arrears.
Mr Milne states he and Mr Degas left New Zealand on 2 December 2024 and have not returned. Mr Milne says he has sympathy for the landlord regarding the arrears but says he paid his rent during the tenancy and the shortfall in rent was the result of issues with the third tenant, Mr Loughton Mutu and/or other flatmates. He says he is happy for his portion of the bond to be paid to the landlord towards payment of the arrears.
The landlord has not filed a copy of the original tenancy agreement. The landlord did file a copy of the variation agreement, which states, “The remaining (including any new tenants that have joined), tenants also agree that they accept liability for any existing rent arrears, and for the maintenance of a full bond.”
On the face of it, by signing the variation agreement, the remaining tenants (Mr Milne and Mr Degas) and the new tenants (Mr Palmay and Mr Rossi-Wall) accepted liability for rent arrears accrued under the original tenancy agreement. However, Mr Rossi-Wall says he and Mr Palmay were not made aware that rent arrears had accrued before they signed the variation agreement. They say they were not aware they were accepting liability for $2,742.86 in rent arrears.
In circumstances where a variation agreement states the new (and remaining) tenants accept liability for the arrears accrued under a previous tenancy, it is clearly essential that the amount owed in arrears is clearly communicated to the new tenants. The landlord did not produce any evidence that it had made Mr Palmay and Mr Rossi-Wall aware that they were accepting liability for $2,742.86 in arrears accrued under the original tenancy agreement. I consider that sum substantial and not a minor detail which should only be included in the fine print of the variation agreement.
In the month after the variation agreement was signed, it appears the four current tenants made payments towards the arrears, such that by 29 November 2024, the arrears had reduced to $1,898.00. Any payments the four current tenants made towards the rent arrears between 14 October and 29 November 2024 were payments towards the arrears accrued by the Original Tenants. No further arrears were accrued in that 6-week period.
I accept Mr Palmay and Mr Rossi-Wall were not made aware of the arrears which had accrued before they joined the tenancy and therefore find Mr Palmay and Mr Rossi-Wall are not liable for rent arrears accrued before 14 October 2024.
I find the tenants Mr Milne and Mr Degas liable for rent arrears accrued up until 13 October 2024, and what remained of those rent arrears as they were at 29 November 2024. Accordingly, Mr Milne and Mr Degas must pay the outstanding arrears, being $1,898.00 to 24 November 2024.
If the landlord wishes to pursue a claim for arrears accrued after 25 November 2024 a new application will need to be filed with evidence in support of any such claim. Refund of the bond
Following the end of the hearing, I made inquiries with the Bond Centre to confirm the bond held. During the hearing, Mr Milne stated he and Mr Degas had in the days prior authorised the release of “their part of the bond” to the landlord.
The Bond Centre confirmed the bond for the premises, in the names of the current four tenants, was originally held under the bond reference number 3428765-010. The Bond Centre transferred the bond into the Bond Centre’s new system and assigned it a new reference number bring BN-00007577. The Bond Centre states the current balance being held as bond is $4,780.00.
I order the bond be partially refunded to the landlord, in the amount of $1,925.00 as payment for rent arrears to 24 November 2024. The remainder of the bond is to be refunded to Mr Palmay and Mr Rossi-Wall.
As I have found Mr Mine and Mr Degas (only) liable for rent arrears to 24 November 2024, they are not entitled to any refund from the bond.

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.
The landlord sought compensation for repairs required to a door. The landlord had filed an email from Mr Milne dated 8 October 2024, in which Mr Milne referred to needing to fix the door which was broken by “Mads”.
During the hearing, Mr Milne emailed the registry a transaction record which he submitted was a payment he made directly to the tradesperson who came to fix the door. The transaction is for $307.24 which was paid to “Red Hot Consulting” on 20 October 2024, with reference “Broken Door.”
The landlord had not filed an invoice from the tradesperson in support of their claim that $207 remains outstanding. It is also unclear from the evidence filed who caused the damage or is responsible for that damage (given that no one on the original or current tenancy is called “Mads”).
In addition, Mr Mine has provided evidence which suggests Mr Milne paid the tradesperson directly.
I am not satisfied the landlord has proved their claim to the required standard and dismiss the landlord’s claim for compensation for damage to the door. Should the tenants reimburse the landlord’s filing fee?
Given the landlord has substantially succeeded with the claim for rent arrears the tenants (as they were prior to 14 October 2024) must reimburse the filing fee.

Claims and awards in Tenancy Tribunal application 5091173 — net $1,925.00 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
D Palmay & G Rossi-Wall Rent arrears to 24 Nov 2024	$1,898.00	D Palmay & G Rossi-Wall Rent arrears to 24 Nov 2024
Filing fee reimbursement	$27.00	Filing fee reimbursement
Net award	$1,925.00
Total payable by Tenant to Landlord	$1,925.00

Order

This order is re-issued to correct an error in the calculation of the total bond. The total bond held is $4,780.00, not $4,870.00 as recorded in the order issued 22 January 2025.
The tenancy of James David Milne, Remy Pascal Roland Degas, Daniel Andras Palmay and Giacomo Rewi Giovanni Rossi-Wall at Unit/Flat 4, 12-14 Haining Street, Te Aro, Wellngton 6022 is terminated, and possession is granted to Managed For You Limited - As Agent For Taumata Investments Ltd, at 11:59pm, Friday 24 January 2025.
The Bond Centre is to pay part of the bond being $1,925.00 (BN-00007577) to Managed For You Limited - As Agent For Taumata Investments Ltd immediately. The Bond Centre is to pay the remainder of the bond of $2,855.00 (BN-00007577) to Daniel Andras Palmay and Giacomo Rewi Giovanni Rossi- Wall immediately. DescriptionLandlordD Palmay & G Rossi-Wall Rent arrears to 24 Nov 2024$1,898.00 Filing fee reimbursement$27.00 Total award$1,925.00 Bond$1,925.00$2,855.00

Reasons

The landlord and three of the tenants, Mr Milne, Mr Palmay and Mr Rossi-Wall, attended the video hearing. Mr Degas did not attend.
The landlord has applied for termination, rent arrears, compensation for damage to a door, refund of the bond, and reimbursement of the filing fee. The tenancy
A tenancy commenced at the premises in May 2024. The tenants were James David Milne, Remy Pascal Roland Degas and Phillip Loughton Mutu (the Original Tenants).
The Original Tenants had flatmates who resided at the premises but the above three-named were the only tenants on the tenancy agreement.
On 14 October 2024, Daniel Andras Palmay and Giacomo Rewi Giovanni Rossi-Wall signed a variation of the tenancy agreement under which they became tenants. Under the same variation agreement, Phillip Loughton Mutu left the tenancy and James Milne and Remy Degas remained as tenants.
At the date of hearing, Mr Milne and Mr Degas were no longer residing at the property. Mr Palmay and Mr Rossi-Wall were residing at the property. Termination of the tenancy
It was agreed between the parties that the current tenancy should come to an end this coming Friday.
Mr Palmay and Mr Rossi-Wall wish to immediately commence a new tenancy at the premises following the end of this tenancy and the landlord indicated that is agreed. I leave it to those parties to enter into any new tenancy.
I order the current tenancy come to an end at the time and date stated.

How much is owed for rent?

The landlord provided rent records which prove rent arrears began accruing from 31 August 2024. As at 13 October 2024, rent arrears totalled $2,742.86.
The most recent rent records provided by the landlord show that, as at 29 November 2024, rent arrears totalled $1,898.00.
The landlord submitted that, as at the date of hearing, a total of $4,329.92 is owed in rent, however, no rent records were filed in support of that amount.
Mr Palmay states he moved into the premises in July 2024 and paid a bond to the previous tenant, Phillip Loughton Mutu. He says he didn’t legally become a tenant until 14 October 2024 when he signed the variation agreement. Mr Palmay says he should not be held liable for rent arrears which were accrued before he became a legal tenant.
Mr Rossi-Wall essentially agreed with Mr Palmay’s position. He stated he moved into the flat in September 2024, but also did not become a tenant until 14 October 2024. He says when he signed the variation agreement he did not know there were rent arrears owing and he does not accept he is liable for those arrears.
Mr Milne states he and Mr Degas left New Zealand on 2 December 2024 and have not returned. Mr Milne says he has sympathy for the landlord regarding the arrears but says he paid his rent during the tenancy and the shortfall in rent was the result of issues with the third tenant, Mr Loughton Mutu and/or other flatmates. He says he is happy for his portion of the bond to be paid to the landlord towards payment of the arrears.
The landlord has not filed a copy of the original tenancy agreement. The landlord did file a copy of the variation agreement, which states, “The remaining (including any new tenants that have joined), tenants also agree that they accept liability for any existing rent arrears, and for the maintenance of a full bond.”
On the face of it, by signing the variation agreement, the remaining tenants (Mr Milne and Mr Degas) and the new tenants (Mr Palmay and Mr Rossi-Wall) accepted liability for rent arrears accrued under the original tenancy agreement. However, Mr Rossi-Wall says he and Mr Palmay were not made aware that rent arrears had accrued before they signed the variation agreement. They say they were not aware they were accepting liability for $2,742.86 in rent arrears.
In circumstances where a variation agreement states the new (and remaining) tenants accept liability for the arrears accrued under a previous tenancy, it is clearly essential that the amount owed in arrears is clearly communicated to the new tenants. The landlord did not produce any evidence that it had made Mr Palmay and Mr Rossi-Wall aware that they were accepting liability for $2,742.86 in arrears accrued under the original tenancy agreement. I consider that sum substantial and not a minor detail which should only be included in the fine print of the variation agreement.
In the month after the variation agreement was signed, it appears the four current tenants made payments towards the arrears, such that by 29 November 2024, the arrears had reduced to $1,898.00. Any payments the four current tenants made towards the rent arrears between 14 October and 29 November 2024 were payments towards the arrears accrued by the Original Tenants. No further arrears were accrued in that 6-week period.
I accept Mr Palmay and Mr Rossi-Wall were not made aware of the arrears which had accrued before they joined the tenancy and therefore find Mr Palmay and Mr Rossi-Wall are not liable for rent arrears accrued before 14 October 2024.
I find the tenants Mr Milne and Mr Degas liable for rent arrears accrued up until 13 October 2024, and what remained of those rent arrears as they were at 29 November 2024. Accordingly, Mr Milne and Mr Degas must pay the outstanding arrears, being $1,898.00 to 24 November 2024.
If the landlord wishes to pursue a claim for arrears accrued after 25 November 2024 a new application will need to be filed with evidence in support of any such claim. Refund of the bond
Following the end of the hearing, I made inquiries with the Bond Centre to confirm the bond held. During the hearing, Mr Milne stated he and Mr Degas had in the days prior authorised the release of “their part of the bond” to the landlord.
The Bond Centre confirmed the bond for the premises, in the names of the current four tenants, was originally held under the bond reference number 3428765-010. The Bond Centre transferred the bond into the Bond Centre’s new system and assigned it a new reference number bring BN-00007577. The Bond Centre states the current balance being held as bond is $4,780.00.
I order the bond be partially refunded to the landlord, in the amount of $1,925.00 as payment for rent arrears to 24 November 2024. The remainder of the bond is to be refunded to Mr Palmay and Mr Rossi-Wall.
As I have found Mr Mine and Mr Degas (only) liable for rent arrears to 24 November 2024, they are not entitled to any refund from the bond.

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.
The landlord sought compensation for repairs required to a door. The landlord had filed an email from Mr Milne dated 8 October 2024, in which Mr Milne referred to needing to fix the door which was broken by “Mads”.
During the hearing, Mr Milne emailed the registry a transaction record which he submitted was a payment he made directly to the tradesperson who came to fix the door. The transaction is for $307.24 which was paid to “Red Hot Consulting” on 20 October 2024, with reference “Broken Door.”
The landlord had not filed an invoice from the tradesperson in support of their claim that $207 remains outstanding. It is also unclear from the evidence filed who caused the damage or is responsible for that damage (given that no one on the original or current tenancy is called “Mads”).
In addition, Mr Mine has provided evidence which suggests Mr Milne paid the tradesperson directly.
I am not satisfied the landlord has proved their claim to the required standard and dismiss the landlord’s claim for compensation for damage to the door. Should the tenants reimburse the landlord’s filing fee?
Given the landlord has substantially succeeded with the claim for rent arrears the tenants (as they were prior to 14 October 2024) must reimburse the filing fee.

Tenancy Tribunal case 5091173 — Rent arrears at Unit/Flat 4, 12-14 Haining Street, Te Aro, Wellngton 6022

At a glance

Tenancy Tribunal case 5091173 — Rent arrears at Unit/Flat 4, 12-14 Haining Street, Te Aro, Wellngton 6022

At a glance

Award balance

Claims & awards

Order

Reasons

How much is owed for rent?

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?

Is the tenant responsible for the damage to the premises?

Topics & place

Residential Tenancies Act sections

Key findings

Property management

Frequently asked questions