What was the outcome of Tenancy Tribunal case 5219311?

The tribunal order states: Donna Paul must pay Charlton Property Management Limited $1,570.60

How much money was awarded in case 5219311?

Pest Control: $50.00 awarded to landlord; Property Damage: $266.23 awarded to landlord; Property Damage: $150.00 awarded to landlord; Rent Arrears: $788.57 awarded to landlord; Front Door: $850.00 awarded to landlord; Wardrobe Door: $250.00 awarded to landlord; Reversed WINZ Payment On 10 October…: $680.00 awarded to landlord; Rubbish Removal: $60.00 awarded to landlord; Water Rates: $858.00 awarded to landlord; Water Rates: $57.80 awarded to landlord

What type of tenancy dispute was case 5219311?

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

Where can I read the official tribunal order for case 5219311?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/12155897-Tenancy_Tribunal_Order.pdf.

What was the outcome of Tenancy Tribunal case 5219311?

The tribunal order states: Donna Paul must pay Charlton Property Management Limited $1,570.60

How much money was awarded in case 5219311?

Pest Control: $50.00 awarded to landlord; Property Damage: $266.23 awarded to landlord; Property Damage: $150.00 awarded to landlord; Rent Arrears: $788.57 awarded to landlord; Front Door: $850.00 awarded to landlord; Wardrobe Door: $250.00 awarded to landlord; Reversed WINZ Payment On 10 October…: $680.00 awarded to landlord; Rubbish Removal: $60.00 awarded to landlord; Water Rates: $858.00 awarded to landlord; Water Rates: $57.80 awarded to landlord

What type of tenancy dispute was case 5219311?

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

Where can I read the official tribunal order for case 5219311?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/12155897-Tenancy_Tribunal_Order.pdf.

1 Etherton Drive, Weymouth, Auckland 2103 Tenancy Tribunal Case 5219311 — Property damage

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1 Etherton Drive, Weymouth, Auckland 2103 Tenancy Tribunal Case 5219311 — Property damage | 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 5219311 — net $1,570.60 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Tenant	Reason
Rent arrears to 5 November 2024	$788.57		Rent arrears to 5 November 2024
Water rates owed for 14 months during the tenancy	$858.00		Water rates owed for 14 months during the tenancy
Water rates owed from handover of accounts from	$57.80		Water rates owed from handover of accounts from
Window repairs	$266.23		Window repairs
Pest control	$50.00		Pest control
Repairs: front door	$850.00		Repairs: front door
Rubbish removal	$60.00		Rubbish removal
Repairs: wardrobe door	$250.00		Repairs: wardrobe door
Electrical fittings replacement/repair	$150.00		Electrical fittings replacement/repair
Reversed WINZ payment on 10 October 2024	$680.00		Reversed WINZ payment on 10 October 2024
Bond since refunded to landlord		$2,440.00	Bond since refunded to landlord
Total award	$4,010.60	$2,440.00
Net award	$1,570.60
Total payable by Tenant to Landlord	$1,570.60

Claims and awards for application 5219311 — net $1,570.60 NZD. Verify on MoJ.

Rent arrears to 5 November 2024

Amount: $788.57
Awarded to: Landlord
Reason: Rent arrears to 5 November 2024

Water rates owed for 14 months during the tenancy

Amount: $858.00
Awarded to: Landlord
Reason: Water rates owed for 14 months during the tenancy

Water rates owed from handover of accounts from

Amount: $57.80
Awarded to: Landlord
Reason: Water rates owed from handover of accounts from

Window repairs

Amount: $266.23
Awarded to: Landlord
Reason: Window repairs

Pest control

Amount: $50.00
Awarded to: Landlord
Reason: Pest control

Claim types — money lines allowed on this order

Pest Control Property damage Rent arrears Rubbish Removal Water Rates

Order

Donna Paul must pay Charlton Property Management Limited $1,570.60 immediately, calculated as shown in table below.

Reasons

Both parties attended the hearing.
The tenant has applied for compensation due to the landlord taking over possession of the premises on 5 November 2024 instead of the original end date of the tenancy on 18 November 2024, and for lost tools and belongings.
I prefer the landlord’s evidence that the parties had mutually agreed for the tenancy to be handed back earlier, initially on 4 November before being actually handed back on 5 November 2024. The rent was in arrears at the material time of the parties’ phone discussion in end October 2024 and the early handover of the premises actually benefitted the tenant because the rent stopped being charged 2 weeks earlier. I do not accept that the landlord had any reason to take back possession of the premises unlawfully as alleged by the tenant. The tenant has already moved out of the premises since early November and was only doing some remedial repairs and cleaning at the premises at the material times.
I also accept the landlord’s evidence from their handyman that the tenant’s items and tools had been collected by the tenant on 8 November 2024.
The tenant’s claims therefore fail.
The landlord has applied for rent arrears, compensation, refund of the bond, and water rates following the end of the tenancy.
The bond of $2,440.00 has since been refunded to the landlord. The tenant’s bond will be set-off against the amounts now proved at the Tribunal.

How much is owed for rent and water rates?

The landlord provided rent records and water rates invoices which prove the amount owing (as claimed) at the end of the tenancy, as set out 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.
The tenant did not leave the premises reasonably clean and tidy, and did not remove all rubbish.
The 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.
The following damage was caused during the tenancy: windows, doors and electrical switches. The damage is more than fair wear and tear, and the tenant has not disproved liability for the damage.
Only the amounts ordered are proved.

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 5219311 — net $1,570.60 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Tenant	Reason
Rent arrears to 5 November 2024	$788.57		Rent arrears to 5 November 2024
Water rates owed for 14 months during the tenancy	$858.00		Water rates owed for 14 months during the tenancy
Water rates owed from handover of accounts from	$57.80		Water rates owed from handover of accounts from
Window repairs	$266.23		Window repairs
Pest control	$50.00		Pest control
Repairs: front door	$850.00		Repairs: front door
Rubbish removal	$60.00		Rubbish removal
Repairs: wardrobe door	$250.00		Repairs: wardrobe door
Electrical fittings replacement/repair	$150.00		Electrical fittings replacement/repair
Reversed WINZ payment on 10 October 2024	$680.00		Reversed WINZ payment on 10 October 2024
Bond since refunded to landlord		$2,440.00	Bond since refunded to landlord
Total award	$4,010.60	$2,440.00
Net award	$1,570.60
Total payable by Tenant to Landlord	$1,570.60

Claims and awards for application 5219311 — net $1,570.60 NZD. Verify on MoJ.

Rent arrears to 5 November 2024

Amount: $788.57
Awarded to: Landlord
Reason: Rent arrears to 5 November 2024

Water rates owed for 14 months during the tenancy

Amount: $858.00
Awarded to: Landlord
Reason: Water rates owed for 14 months during the tenancy

Water rates owed from handover of accounts from

Amount: $57.80
Awarded to: Landlord
Reason: Water rates owed from handover of accounts from

Window repairs

Amount: $266.23
Awarded to: Landlord
Reason: Window repairs

Pest control

Amount: $50.00
Awarded to: Landlord
Reason: Pest control

Claim types — money lines allowed on this order

Pest Control Property damage Rent arrears Rubbish Removal Water Rates

Order

Donna Paul must pay Charlton Property Management Limited $1,570.60 immediately, calculated as shown in table below.

Reasons

Both parties attended the hearing.
The tenant has applied for compensation due to the landlord taking over possession of the premises on 5 November 2024 instead of the original end date of the tenancy on 18 November 2024, and for lost tools and belongings.
I prefer the landlord’s evidence that the parties had mutually agreed for the tenancy to be handed back earlier, initially on 4 November before being actually handed back on 5 November 2024. The rent was in arrears at the material time of the parties’ phone discussion in end October 2024 and the early handover of the premises actually benefitted the tenant because the rent stopped being charged 2 weeks earlier. I do not accept that the landlord had any reason to take back possession of the premises unlawfully as alleged by the tenant. The tenant has already moved out of the premises since early November and was only doing some remedial repairs and cleaning at the premises at the material times.
I also accept the landlord’s evidence from their handyman that the tenant’s items and tools had been collected by the tenant on 8 November 2024.
The tenant’s claims therefore fail.
The landlord has applied for rent arrears, compensation, refund of the bond, and water rates following the end of the tenancy.
The bond of $2,440.00 has since been refunded to the landlord. The tenant’s bond will be set-off against the amounts now proved at the Tribunal.

How much is owed for rent and water rates?

The landlord provided rent records and water rates invoices which prove the amount owing (as claimed) at the end of the tenancy, as set out 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.
The tenant did not leave the premises reasonably clean and tidy, and did not remove all rubbish.
The 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.
The following damage was caused during the tenancy: windows, doors and electrical switches. The damage is more than fair wear and tear, and the tenant has not disproved liability for the damage.
Only the amounts ordered are proved.

Tenancy Tribunal case 5219311 — Property damage at 1 Etherton Drive, Weymouth, Auckland 2103

At a glance

Tenancy Tribunal case 5219311 — Property damage at 1 Etherton Drive, Weymouth, Auckland 2103

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

Property management

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

Property management

Frequently asked questions