What was the outcome of Tenancy Tribunal case 4540493?

The tribunal order states: This order replaces the order made on 20 July 2021 due to an error where one

How much money was awarded in case 4540493?

Cleaning: $100.00 awarded to landlord; Cleaning: $172.50 awarded to landlord; Filing Fee: $20.44 awarded to landlord; Lawns and Garden Work: $300.00 awarded to landlord; Removal Of Dryer: $25.00 awarded to landlord; Rent Arrears: $4,000.00 awarded to landlord; Door By Consent: $300.00 awarded to landlord; Removal Of Door Signs: $150.00 awarded to landlord; Rubbish Removal: $25.00 awarded to landlord; Water Rates: $47.51 awarded to landlord

What type of tenancy dispute was case 4540493?

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

Where can I read the official tribunal order for case 4540493?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/9205242-Tribunal_Order.pdf.

What was the outcome of Tenancy Tribunal case 4540493?

The tribunal order states: This order replaces the order made on 20 July 2021 due to an error where one

How much money was awarded in case 4540493?

Cleaning: $100.00 awarded to landlord; Cleaning: $172.50 awarded to landlord; Filing Fee: $20.44 awarded to landlord; Lawns and Garden Work: $300.00 awarded to landlord; Removal Of Dryer: $25.00 awarded to landlord; Rent Arrears: $4,000.00 awarded to landlord; Door By Consent: $300.00 awarded to landlord; Removal Of Door Signs: $150.00 awarded to landlord; Rubbish Removal: $25.00 awarded to landlord; Water Rates: $47.51 awarded to landlord

What type of tenancy dispute was case 4540493?

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

Where can I read the official tribunal order for case 4540493?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/9205242-Tribunal_Order.pdf.

26C Merivale Avenue, Epsom, Auckland 1023 Tenancy Tribunal Case 4540493 — Rent arrears

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Order

Claims and awards in Tenancy Tribunal application 4540493. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears by consent	$4,000.00	Rent arrears by consent
Water rates: by consent	$47.51	Water rates: by consent
Cleaning: by consent	$172.50	Cleaning: by consent
Repairs: Door by consent	$300.00	Repairs: Door by consent
Repairs: removal of door signs	$150.00	Repairs: removal of door signs
Lawns and Garden work	$300.00	Lawns and Garden work
Carpet Cleaning	$100.00	Carpet Cleaning
Removal of dryer	$25.00	Removal of dryer
Rubbish removal	$25.00	Rubbish removal
Filing fee reimbursement	$20.44	Filing fee reimbursement

This order replaces the order made on 20 July 2021 due to an error where one item claimed was not addressed.

No application for suppression has been made in this case and no suppression orders apply around publication of this decision.

Oi Zhao must pay Barfoot & Thompson Limited - Epsom As Agent For Khalid Wakani As Agent For The Wakani Family Investment Trust; Dinu Harry Chartered Accountants Limited for the debt of $5,140.45 as per the table below.

The Bond Centre is to pay the bond of $7,000.00 (5454903-010) immediately apportioned as follows: Barfoot & Thompson Limited - Epsom As Agent For Khalid Wakani As Agent For The Wakani Family Investment Trust; Dinu Harry Chartered Accountants Limited: $5,140.45 Qi Zhao: $1,859.55

Reasons

The agent Ms Erceg attended the hearing for the landlord. The tenant did not attend. The agent advised she received a call from the tenant that he was overseas and wanted to settle the balance of the claim.

The parties participated in mediation on 27 April 2023 and agreed to the landlord’s claims for rent arrears, water usage, cleaning and a door replacement. This is recorded in the mediated order and carried to this order.

The outstanding matters claimed by the landlord are for lawn mowing and garden tidy, carpet cleaning, removal of clothes dryer, removal of signs on 4 bathroom doors, rubbish removal and replacement of garage and gate remotes.

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.

The landlord claims the lawns and garden were overgrown and required 2 lots of mowing, one for $300.00 and another for $100.00. An invoice for $300.00 is provided. The entry photos show a longer than standard grass with somewhat untidy pathways and gardens. The lawns were longer at the end of the tenancy. On balance the sum of $300.00 towards the mowing and gardens is a reasonable award.

The landlord claims the carpet required commercial cleaning due to food stains. The entry and exit photos show a damaged carpet with several stains already on it. The agent confirms that the carpet was likely vacuumed at the end of the tenancy. The landlord claims $250.00 for carpet cleaning. Due to nature of the previous stains and wear of the carpet, I consider an award of $100.00 towards carpet cleaning to be reasonable in this circumstance.

The tenant did not remove his clothes dryer from the premises or all his rubbish.

The landlord suffered some flooding in the garage. When he started renovating, he used a skip bin for removal of renovation items. He also disposed of the dryer and rubbish left by the tenant in the same skip bins There is no invoice provided for the but I am satisfied the removal of the dryer and rubbish occurred after hearing from the agent.

Due to no invoices, I take a conservative approach for the claim and award $25.00 for the dryer removal and $25.00 for the rubbish removal.

The landlord claims the tenant did not return the garage and gate remotes.

The remotes for the garage and gates have not been replaced. The agent says the gates may need to be replaced. Because there is no loss for the remotes incurred by the landlord, I do not make any award for the remotes.

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 careless, and occurs after 27 August 2019, section 49B RTA applies. If the landlord becomes aware of the damage after 27 August, the damage is presumed to have occurred after that date unless the tenant proves otherwise.

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.

The following damage was caused during the tenancy: The agent says there were 4 signs stuck on the bathroom doors requiring special removal due to the way it was stuck. The damage is more than fair wear and tear, and the tenant has not disproved liability for the damage.

The agent confirms the signs have now been removed and paid for. The amount claimed for $150.00 is proved.

Because Barfoot & Thompson Limited - Epsom As Agent For Khalid Wakani As Agent For The Wakani Family Investment Trust; Dinu Harry Chartered Accountants Limited has substantially succeeded with the claim I have reimbursed the filing fee.

Order

Claims and awards in Tenancy Tribunal application 4540493. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears by consent	$4,000.00	Rent arrears by consent
Water rates: by consent	$47.51	Water rates: by consent
Cleaning: by consent	$172.50	Cleaning: by consent
Repairs: Door by consent	$300.00	Repairs: Door by consent
Repairs: removal of door signs	$150.00	Repairs: removal of door signs
Lawns and Garden work	$300.00	Lawns and Garden work
Carpet Cleaning	$100.00	Carpet Cleaning
Removal of dryer	$25.00	Removal of dryer
Rubbish removal	$25.00	Rubbish removal
Filing fee reimbursement	$20.44	Filing fee reimbursement

This order replaces the order made on 20 July 2021 due to an error where one item claimed was not addressed.

No application for suppression has been made in this case and no suppression orders apply around publication of this decision.

Reasons

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.

The tenant did not remove his clothes dryer from the premises or all his rubbish.

Due to no invoices, I take a conservative approach for the claim and award $25.00 for the dryer removal and $25.00 for the rubbish removal.

The landlord claims the tenant did not return the garage and gate remotes.

Is the tenant responsible for the damage to the premises?

The agent confirms the signs have now been removed and paid for. The amount claimed for $150.00 is proved.

Tenancy Tribunal case 4540493 — Rent arrears at 26C Merivale Avenue, Epsom, Auckland 1023

At a glance

Tenancy Tribunal case 4540493 — Rent arrears at 26C Merivale Avenue, Epsom, Auckland 1023

At a glance

Claims & awards

Order

Reasons

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

Claims & awards

Order

Reasons

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