What was the outcome of Tenancy Tribunal case 4521210?

The tribunal order states: No application for suppression has been made in this case and no suppression

How much money was awarded in case 4521210?

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 4521210?

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

Where can I read the official tribunal order for case 4521210?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/9373445-Tenancy_Tribunal_Order.pdf.

What was the outcome of Tenancy Tribunal case 4521210?

The tribunal order states: No application for suppression has been made in this case and no suppression

How much money was awarded in case 4521210?

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 4521210?

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

Where can I read the official tribunal order for case 4521210?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/9373445-Tenancy_Tribunal_Order.pdf.

Unit/Flat 401, 28 Killarney Street, Takapuna, Auckland 0622 Tenancy Tribunal Case 4521210 — Rent arrears

Order

No application for suppression has been made in this case and no suppression orders apply around publication of this decision.
Lily (Yan Li) Wei and Leandro Almeida must pay Hub Realty Ltd as Agent for Aldenfor T $8,424.37 immediately, calculated as shown in table below.
The Bond Centre is to pay the bond of $4,400.00 (6444607-004) to Hub Realty Ltd as Agent for Aldenfor T immediately.

Reasons

Only the landlord attended the hearing.
The landlord has applied for rent arrears, compensation, refund 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 January 2023. The landlord provided rent records and water rates invoices which prove the amount owing at the end of the tenancy.
I am satisfied these amounts are proved.

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.
Having seen the photos and heard the evidence, I am satisfied that the tenant did not leave the premises reasonably clean and tidy, and did not remove all rubbish.
The tenant did not return the security swipe cards.
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.
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.
Where the damage is careless and is not covered by the landlord's insurance, the tenant's liability is limited to four weeks' rent. Where insurance money is irrecoverable because of the tenant's conduct, the property is treated as if it is not insured against the damage.
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.
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.
The following damage was caused during the tenancy: a. Damage to the Gib and paint on 6 walls. b. Staining to carpet.
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. Given the manner in which the carpet was repaired, I do not consider an adjustment for depreciation is required
Because Hub Realty Ltd as Agent for Aldenfor T has wholly succeeded with the claim I must order reimbursement of the filing fee.

Order

No application for suppression has been made in this case and no suppression orders apply around publication of this decision.
Lily (Yan Li) Wei and Leandro Almeida must pay Hub Realty Ltd as Agent for Aldenfor T $8,424.37 immediately, calculated as shown in table below.
The Bond Centre is to pay the bond of $4,400.00 (6444607-004) to Hub Realty Ltd as Agent for Aldenfor T immediately.

Reasons

Only the landlord attended the hearing.
The landlord has applied for rent arrears, compensation, refund 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 January 2023. The landlord provided rent records and water rates invoices which prove the amount owing at the end of the tenancy.
I am satisfied these amounts are proved.

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.
Having seen the photos and heard the evidence, I am satisfied that the tenant did not leave the premises reasonably clean and tidy, and did not remove all rubbish.
The tenant did not return the security swipe cards.
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.
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.
Where the damage is careless and is not covered by the landlord's insurance, the tenant's liability is limited to four weeks' rent. Where insurance money is irrecoverable because of the tenant's conduct, the property is treated as if it is not insured against the damage.
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.
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.
The following damage was caused during the tenancy: a. Damage to the Gib and paint on 6 walls. b. Staining to carpet.
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. Given the manner in which the carpet was repaired, I do not consider an adjustment for depreciation is required
Because Hub Realty Ltd as Agent for Aldenfor T has wholly succeeded with the claim I must order reimbursement of the filing fee.

Tenancy Tribunal case 4521210 — Rent arrears at Unit/Flat 401, 28 Killarney Street, Takapuna, Auckland 0622

Tenancy Tribunal case 4521210 — Rent arrears at Unit/Flat 401, 28 Killarney Street, Takapuna, Auckland 0622

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?

Property management

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?

Property management