What was the outcome of Tenancy Tribunal case 4557351?

The tribunal order states: Madi Kete must pay Smith Property Management Limited T/A Quinovic Property

How much money was awarded in case 4557351?

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 4557351?

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

Where can I read the official tribunal order for case 4557351?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/9776815-Tribunal_Order.pdf.

What was the outcome of Tenancy Tribunal case 4557351?

The tribunal order states: Madi Kete must pay Smith Property Management Limited T/A Quinovic Property

How much money was awarded in case 4557351?

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 4557351?

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

Where can I read the official tribunal order for case 4557351?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/9776815-Tribunal_Order.pdf.

Unit/Flat 204, 75 Victoria Street West, Auckland Central, Tenancy Tribunal Case 4557351 — Cleanliness

Order

Madi Kete must pay Smith Property Management Limited T/A Quinovic Property Management Greenlane as Agent for Simon Chung Lau $6,102.45 immediately, calculated as shown in table below. DescriptionLandlord Rent arrears to 29 January 2023$542.86 Previous order application 4474568 dated 25/01/2023$20.44 Water rates$200.53 Replace furnishings: curtains$400.00 Replace furnishings: carpet$747.50 10 x mailbox locks$1,035.00 Oven/stove cleaning$345.00 Cleaning$442.75 Rubbish removal$828.00 rowing machine$2,581.18 On charged BC fees from damage claims$278.75 BC lockout charges$180.00 Filing fee reimbursement$20.44 Total award$7,622.45 Bond-$1,520.00 Total payable by Tenant to Landlord$6,102.45
The Bond Centre is to pay the bond of $1,520.00 (6220933-018) to Smith Property Management Limited T/A Quinovic Property Management Greenlane as Agent for Simon Chung Lau 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 29 January 2023. The landlord provided rent records and water rates invoices which prove the amount owing at the end of the tenancy.

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 heard the evidence and seen the photographs provided by the landlord, I am satisfied the tenant did not leave the premises reasonably clean and tidy and did not remove all rubbish.
A rowing machine from the building gym was missing at the end of the tenancy. The cost of this was on charged to the landlord by the body corporate, together with administration costs as the CCTV showed the tenant taking the machine.
The body corporate also on-charged two out of hours callout fees when the tenant was locked out of the building and had to be let in by the building manager.
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.
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: a. Staining and damage to curtains. b. Extensive damage to carpet. c. Damage to locks on 10 mailboxes.
The damage is more than fair wear and tear, and the tenant has not disproved liability for the damage.
The amounts ordered are proved.
Because Smith Property Management Limited T/A Quinovic Property Management Greenlane as Agent for Simon Chung Lau has wholly succeeded with the claim I must reimburse the filing fee.

Order

Madi Kete must pay Smith Property Management Limited T/A Quinovic Property Management Greenlane as Agent for Simon Chung Lau $6,102.45 immediately, calculated as shown in table below. DescriptionLandlord Rent arrears to 29 January 2023$542.86 Previous order application 4474568 dated 25/01/2023$20.44 Water rates$200.53 Replace furnishings: curtains$400.00 Replace furnishings: carpet$747.50 10 x mailbox locks$1,035.00 Oven/stove cleaning$345.00 Cleaning$442.75 Rubbish removal$828.00 rowing machine$2,581.18 On charged BC fees from damage claims$278.75 BC lockout charges$180.00 Filing fee reimbursement$20.44 Total award$7,622.45 Bond-$1,520.00 Total payable by Tenant to Landlord$6,102.45
The Bond Centre is to pay the bond of $1,520.00 (6220933-018) to Smith Property Management Limited T/A Quinovic Property Management Greenlane as Agent for Simon Chung Lau 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 29 January 2023. The landlord provided rent records and water rates invoices which prove the amount owing at the end of the tenancy.

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 heard the evidence and seen the photographs provided by the landlord, I am satisfied the tenant did not leave the premises reasonably clean and tidy and did not remove all rubbish.
A rowing machine from the building gym was missing at the end of the tenancy. The cost of this was on charged to the landlord by the body corporate, together with administration costs as the CCTV showed the tenant taking the machine.
The body corporate also on-charged two out of hours callout fees when the tenant was locked out of the building and had to be let in by the building manager.
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.
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: a. Staining and damage to curtains. b. Extensive damage to carpet. c. Damage to locks on 10 mailboxes.
The damage is more than fair wear and tear, and the tenant has not disproved liability for the damage.
The amounts ordered are proved.
Because Smith Property Management Limited T/A Quinovic Property Management Greenlane as Agent for Simon Chung Lau has wholly succeeded with the claim I must reimburse the filing fee.

Tenancy Tribunal case 4557351 — Cleanliness at Unit/Flat 204, 75 Victoria Street West, Auckland Central,

Tenancy Tribunal case 4557351 — Cleanliness at Unit/Flat 204, 75 Victoria Street West, Auckland Central,

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