How much money was awarded in case 4575309?

Cleaning: $1,219.00 awarded to landlord; Eviction: $200.00 awarded to landlord; Filing Fee: $20.44 awarded to landlord; Filing Fee: $20.44 awarded to landlord; Pest Control: $265.00 awarded to landlord; Property Damage: $367.50 awarded to landlord; Property Damage: $92.00 awarded to landlord; Rent Arrears: $4,496.43 awarded to landlord; Rubbish Removal: $299.00 awarded to landlord; Water Rates: $216.00 awarded to landlord

What type of tenancy dispute was case 4575309?

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

Where can I read the official tribunal order for case 4575309?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/9404277-Tenancy_Tribunal_Order.pdf.

How much money was awarded in case 4575309?

Cleaning: $1,219.00 awarded to landlord; Eviction: $200.00 awarded to landlord; Filing Fee: $20.44 awarded to landlord; Filing Fee: $20.44 awarded to landlord; Pest Control: $265.00 awarded to landlord; Property Damage: $367.50 awarded to landlord; Property Damage: $92.00 awarded to landlord; Rent Arrears: $4,496.43 awarded to landlord; Rubbish Removal: $299.00 awarded to landlord; Water Rates: $216.00 awarded to landlord

What type of tenancy dispute was case 4575309?

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

Where can I read the official tribunal order for case 4575309?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/9404277-Tenancy_Tribunal_Order.pdf.

17A Goodwood Drive, Goodwood Heights, Auckland 2105 Tenancy Tribunal Case 4575309 — Rent arrears

Q: What was the outcome of Tenancy Tribunal case 4575309?

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

Order

Claims and awards in Tenancy Tribunal application 4575309 — net $7,195.81 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears to 17.3.23	$4,496.43	Rent arrears to 17.3.23
Water rates	$216.00	Water rates
Cleaning including carpet cleaning	$1,219.00	Cleaning including carpet cleaning
Rubbish removal and gardening	$299.00	Rubbish removal and gardening
Pest control	$265.00	Pest control
Eviction	$200.00	Eviction
Lock/key replacement	$367.50	Lock/key replacement
Repairs to laundry door	$92.00	Repairs to laundry door
Filing fee reimbursement: application 4485980	$20.44	application 4485980
Filing fee reimbursement: current application	$20.44	current application
Net award	$7,195.81
Total payable by Tenant to Landlord	$7,195.81

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

Vaine Tautu must pay 360 Property Management Limited $7,195.81 immediately, calculated as shown in the table below.

This order incorporates the Tribunal order made on 23 February 2023 under application 4485980.

Reasons

Only the landlord, represented by Ms Fineanganofo, appeared at the hearing. While notified, the tenant did not attend.

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

How much is owed for rent and water rates?

This tenancy was terminated on 23 February 2023 following an order of the Tribunal. However, the tenant remained in possession and the landlord had to enforce the order, resulting in the tenant being evicted on 17 March 2023. Rent arrears and water rates are sought up to this date. 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. See section 40(1)(e)(ii)-(v) of the Residential Tenancies Act 1986 (the RTA).

The landlord claims costs for cleaning, carpet cleaning, rubbish removal, gardening, locksmith’s charges, pest control, and the cost of a television splitter. The landlord has produced evidence including a detailed inspection report, which was completed following an inspection on 17 March 2023, after the tenancy ended. This report contained photographs showing the condition of the premises at the end of the tenancy. Also produced was an inspection report with photographs of the premises prior to the tenancy commencing.

The landlord has established that the tenant did not leave the premises reasonably clean and tidy, and did not remove all rubbish. Invoices for cleaning (including carpet cleaning), rubbish removal and gardening costs were produced.

In relation to the cleaning costs, the landlord has explained that the tenant kept a dog, which was not permitted under the tenancy agreement. The carpets had to be cleaned and deodorised due to the pet odour. Flea and cockroach treatment was also required, as supported by the invoice.

Following eviction of the tenant, the landlord had to change the locks before re- letting the premises. The locksmith’s invoice was produced.

The landlord also incurred the cost of the eviction process and a receipt from the District Court has been provided.

The amounts ordered for the above claimed costs are proved.

The landlord also claims $50.00 in compensation for replacement of a television splitter, which is said to be missing. While acknowledging the photograph the landlord received from the owner, it is unclear, from the available evidence, whether this item was there at the start of the tenancy. The photographs in the inspection report completed before the tenancy began do not show this item, and it is not listed in this report. It is also not listed as a chattel in the tenancy agreement. Supporting evidence regarding the likely cost of its replacement has also not been provided. Therefore, this claim is dismissed. General principles regarding responsibility for damage

The landlord claims compensation for damage to the laundry door. To be successful, 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 of the RTA.

Where the damage is careless, and occurs after 27 August 2019, section 49B of the RTA applies. 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) of the 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) of the 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) of the RTA.

The landlord is insured for tenant damage and advises that the insurance excess is $500.00. The rent for this premises is $675.00 per week.

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) of the 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.

Is the tenant responsible for the damage to the premises?

I am satisfied that the laundry door damage was caused during the tenancy. The landlord has produced photographic and oral evidence, and an invoice for the repair costs ($92.00).

The above damage is more than fair wear and tear, and the tenant has not disproved liability for the damage. The amount ordered is proved.

In making this award, the principle of betterment has been taken into account, so the landlord is returned to the position they would have been in had the tenant not breached their obligations, and is not better or worse off. Depreciation has also been considered. Filing fee

Because the landlord has been substantially successful, the tenant is to pay the landlord’s filing fee. The tenant is to also pay the previous filing fee from application number 4485980, since it remains unpaid.

Claims and awards in Tenancy Tribunal application 4575309 — net $7,195.81 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears to 17.3.23	$4,496.43	Rent arrears to 17.3.23
Water rates	$216.00	Water rates
Cleaning including carpet cleaning	$1,219.00	Cleaning including carpet cleaning
Rubbish removal and gardening	$299.00	Rubbish removal and gardening
Pest control	$265.00	Pest control
Eviction	$200.00	Eviction
Lock/key replacement	$367.50	Lock/key replacement
Repairs to laundry door	$92.00	Repairs to laundry door
Filing fee reimbursement: application 4485980	$20.44	application 4485980
Filing fee reimbursement: current application	$20.44	current application
Net award	$7,195.81
Total payable by Tenant to Landlord	$7,195.81

Order

No application for suppression has been made in this case and no suppression orders apply around publication of this decision.
Vaine Tautu must pay 360 Property Management Limited $7,195.81 immediately, calculated as shown in the table below.
This order incorporates the Tribunal order made on 23 February 2023 under application 4485980.

Reasons

Only the landlord, represented by Ms Fineanganofo, appeared at the hearing. While notified, the tenant did not attend.
The landlord has applied for rent arrears, compensation and reimbursement of the filing fee following the end of the tenancy. The landlord confirms that the bond has been received.

How much is owed for rent and water rates?

This tenancy was terminated on 23 February 2023 following an order of the Tribunal. However, the tenant remained in possession and the landlord had to enforce the order, resulting in the tenant being evicted on 17 March 2023. Rent arrears and water rates are sought up to this date. 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. See section 40(1)(e)(ii)-(v) of the Residential Tenancies Act 1986 (the RTA).
The landlord claims costs for cleaning, carpet cleaning, rubbish removal, gardening, locksmith’s charges, pest control, and the cost of a television splitter. The landlord has produced evidence including a detailed inspection report, which was completed following an inspection on 17 March 2023, after the tenancy ended. This report contained photographs showing the condition of the premises at the end of the tenancy. Also produced was an inspection report with photographs of the premises prior to the tenancy commencing.
The landlord has established that the tenant did not leave the premises reasonably clean and tidy, and did not remove all rubbish. Invoices for cleaning (including carpet cleaning), rubbish removal and gardening costs were produced.
In relation to the cleaning costs, the landlord has explained that the tenant kept a dog, which was not permitted under the tenancy agreement. The carpets had to be cleaned and deodorised due to the pet odour. Flea and cockroach treatment was also required, as supported by the invoice.
Following eviction of the tenant, the landlord had to change the locks before re- letting the premises. The locksmith’s invoice was produced.
The landlord also incurred the cost of the eviction process and a receipt from the District Court has been provided.
The amounts ordered for the above claimed costs are proved.
The landlord also claims $50.00 in compensation for replacement of a television splitter, which is said to be missing. While acknowledging the photograph the landlord received from the owner, it is unclear, from the available evidence, whether this item was there at the start of the tenancy. The photographs in the inspection report completed before the tenancy began do not show this item, and it is not listed in this report. It is also not listed as a chattel in the tenancy agreement. Supporting evidence regarding the likely cost of its replacement has also not been provided. Therefore, this claim is dismissed. General principles regarding responsibility for damage
The landlord claims compensation for damage to the laundry door. To be successful, 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 of the RTA.
Where the damage is careless, and occurs after 27 August 2019, section 49B of the RTA applies. 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) of the 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) of the 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) of the RTA.
The landlord is insured for tenant damage and advises that the insurance excess is $500.00. The rent for this premises is $675.00 per week.
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) of the 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.

Is the tenant responsible for the damage to the premises?

I am satisfied that the laundry door damage was caused during the tenancy. The landlord has produced photographic and oral evidence, and an invoice for the repair costs ($92.00).
The above damage is more than fair wear and tear, and the tenant has not disproved liability for the damage. The amount ordered is proved.
In making this award, the principle of betterment has been taken into account, so the landlord is returned to the position they would have been in had the tenant not breached their obligations, and is not better or worse off. Depreciation has also been considered. Filing fee
Because the landlord has been substantially successful, the tenant is to pay the landlord’s filing fee. The tenant is to also pay the previous filing fee from application number 4485980, since it remains unpaid.

Tenancy Tribunal case 4575309 — Rent arrears at 17A Goodwood Drive, Goodwood Heights, Auckland 2105

At a glance

Tenancy Tribunal case 4575309 — Rent arrears at 17A Goodwood Drive, Goodwood Heights, Auckland 2105

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