How much money was awarded in case 5091608?

Filing Fee: $27.00 awarded to landlord; Property Damage: $360.00 awarded to landlord; Property Damage: $50.00 awarded to landlord; Property Damage: $292.70 awarded to landlord; Property Damage: $212.97 awarded to landlord; Rent Arrears: $1,000.00 awarded to landlord; Rubbish Removal: $400.00 awarded to landlord; Rubbish Removal: $80.00 awarded to landlord; Water Rates: $444.00 awarded to landlord

What type of tenancy dispute was case 5091608?

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

Where can I read the official tribunal order for case 5091608?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/11431117-Tribunal_Order_Redacted.pdf.

How much money was awarded in case 5091608?

Filing Fee: $27.00 awarded to landlord; Property Damage: $360.00 awarded to landlord; Property Damage: $50.00 awarded to landlord; Property Damage: $292.70 awarded to landlord; Property Damage: $212.97 awarded to landlord; Rent Arrears: $1,000.00 awarded to landlord; Rubbish Removal: $400.00 awarded to landlord; Rubbish Removal: $80.00 awarded to landlord; Water Rates: $444.00 awarded to landlord

What type of tenancy dispute was case 5091608?

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

Where can I read the official tribunal order for case 5091608?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/11431117-Tribunal_Order_Redacted.pdf.

Unit/Flat Flat 4, 673 Great South Road, Otahuhu, Auckland Tenancy Tribunal Case 5091608 — Rent arrears

Q: What was Tenancy Tribunal case 5091608 about?

The tribunal order states: An application for suppression has been made in this case, and the Tribunal

Order

Claims and awards in Tenancy Tribunal application 5091608 — net $1,266.67 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears as at 12 December 2024	$1,000.00	Rent arrears as at 12 December 2024
Water rates as at 12 December 2024	$444.00	Water rates as at 12 December 2024
Cleaning and rubbish removal inside	$400.00	Cleaning and rubbish removal inside
Rubbish removal - outside	$80.00	Rubbish removal - outside
Repair windows at entrance door	$360.00	Repair windows at entrance door
Replacement toilet window	$50.00	Replacement toilet window
Replace toilet seat and repair broken kitchen drawer	$292.70	Replace toilet seat and repair broken kitchen drawer
Replacement fibre optic box	$212.97	Replacement fibre optic box
Filing fee reimbursement	$27.00	Filing fee reimbursement
Net award	$1,266.67
Total payable by Tenant to Landlord	$1,266.67

An application for suppression has been made in this case, and the Tribunal orders suppression of the Landlord’s name and identifying details.

Muhammed Ahmed must pay the Landlord $1,266.67 immediately as calculated in the table below.

The Bond centre is to pay the bond of $1,600.00 (3194139-028) to the landlord immediately.

Reasons

This application was scheduled to be heard by video conference. The tenant did not link to the Teams link provided to him and nor did he answer either of the calls I made to the mobile number provided for him. The hearing proceeded in his absence.

The landlord has applied for rent arrears, compensation, payment of the bond, and reimbursement of the filing fee following the end of the tenancy.

How much is owed for rent and water rates?

The tenancy ended on 12 December 2024. The landlord provided rent records and water rates invoices which prove the amount owing at the end of the tenancy. These amounts are recorded in the table above.

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.

I accept the evidence indicating that the tenant did not leave the premises reasonably clean and tidy and did not remove all rubbish.

I also accept the evidence showing that the fibre optic box at the premises was removed.

The amounts ordered to remedy these issues are proved by invoices.

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.

Where the damage is careless and is not covered by the landlord's insurance, the tenant's liability is limited to four weeks' rent (or market rent). See section 49B(3)(b) RTA. Where insurance money is irrecoverable because of the tenant's conduct, the property is treated as if it is not insured against the damage. See section 49B(3A)(a) 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.

I accept the evidence showing that during this tenancy the windows beside the entrance door were broken, the toilet window was removed, the toilet seat was broken and the kitchen drawer was damaged.

This damage is more than fair wear and tear and the cost of remedying the issues is less than any insurance excess payable and less than 4 weeks’ rent.

The amounts ordered to remedy these issues are proved. Filing fee reimbursement

I am also ordering the tenant to reimburse the filing fee to the landlord because the landlord was wholly successful in the claim against him. C ter Haar 13 February 2025

Claims and awards in Tenancy Tribunal application 5091608 — net $1,266.67 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears as at 12 December 2024	$1,000.00	Rent arrears as at 12 December 2024
Water rates as at 12 December 2024	$444.00	Water rates as at 12 December 2024
Cleaning and rubbish removal inside	$400.00	Cleaning and rubbish removal inside
Rubbish removal - outside	$80.00	Rubbish removal - outside
Repair windows at entrance door	$360.00	Repair windows at entrance door
Replacement toilet window	$50.00	Replacement toilet window
Replace toilet seat and repair broken kitchen drawer	$292.70	Replace toilet seat and repair broken kitchen drawer
Replacement fibre optic box	$212.97	Replacement fibre optic box
Filing fee reimbursement	$27.00	Filing fee reimbursement
Net award	$1,266.67
Total payable by Tenant to Landlord	$1,266.67

Order

An application for suppression has been made in this case, and the Tribunal orders suppression of the Landlord’s name and identifying details.
Muhammed Ahmed must pay the Landlord $1,266.67 immediately as calculated in the table below.
The Bond centre is to pay the bond of $1,600.00 (3194139-028) to the landlord immediately.

Reasons

This application was scheduled to be heard by video conference. The tenant did not link to the Teams link provided to him and nor did he answer either of the calls I made to the mobile number provided for him. The hearing proceeded in his absence.
The landlord has applied for rent arrears, compensation, payment of the bond, and reimbursement of the filing fee following the end of the tenancy.

How much is owed for rent and water rates?

The tenancy ended on 12 December 2024. The landlord provided rent records and water rates invoices which prove the amount owing at the end of the tenancy. These amounts are recorded in the table above.

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.
I accept the evidence indicating that the tenant did not leave the premises reasonably clean and tidy and did not remove all rubbish.
I also accept the evidence showing that the fibre optic box at the premises was removed.
The amounts ordered to remedy these issues are proved by invoices.

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.
Where the damage is careless and is not covered by the landlord's insurance, the tenant's liability is limited to four weeks' rent (or market rent). See section 49B(3)(b) RTA. Where insurance money is irrecoverable because of the tenant's conduct, the property is treated as if it is not insured against the damage. See section 49B(3A)(a) 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.
I accept the evidence showing that during this tenancy the windows beside the entrance door were broken, the toilet window was removed, the toilet seat was broken and the kitchen drawer was damaged.
This damage is more than fair wear and tear and the cost of remedying the issues is less than any insurance excess payable and less than 4 weeks’ rent.
The amounts ordered to remedy these issues are proved. Filing fee reimbursement
I am also ordering the tenant to reimburse the filing fee to the landlord because the landlord was wholly successful in the claim against him. C ter Haar 13 February 2025

Tenancy Tribunal case 5091608 — Rent arrears at Unit/Flat Flat 4, 673 Great South Road, Otahuhu, Auckland

At a glance

Tenancy Tribunal case 5091608 — Rent arrears at Unit/Flat Flat 4, 673 Great South Road, Otahuhu, Auckland

At a glance

Award balance

Claims & awards

Order

Reasons

How much is owed for rent and water rates?

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

Frequently asked questions

Award balance

Claims & awards

Order

Reasons

How much is owed for rent and water rates?

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

Frequently asked questions