What was the outcome of Tenancy Tribunal case 4581322?

The tribunal order states: Melissa Maryanne Shedden and Tyneka Lee Shedden must pay Ml

How much money was awarded in case 4581322?

Filing Fee: $20.44 awarded to landlord; Garage Remote: $805.00 awarded to landlord; Lightbulbs: $300.00 awarded to landlord; Previous Order Application 4495166 D…: $5,606.00 awarded to landlord; Property Damage: $562.94 awarded to landlord; Property Damage: $565.00 awarded to landlord; Rent Arrears: $4,321.43 awarded to landlord; Rubbish Removal: $920.00 awarded to landlord; Water Rates: $1,164.54 awarded to landlord

What type of tenancy dispute was case 4581322?

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

Where can I read the official tribunal order for case 4581322?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/9552643-Tenancy_Tribunal_Order.pdf.

What was the outcome of Tenancy Tribunal case 4581322?

The tribunal order states: Melissa Maryanne Shedden and Tyneka Lee Shedden must pay Ml

How much money was awarded in case 4581322?

Filing Fee: $20.44 awarded to landlord; Garage Remote: $805.00 awarded to landlord; Lightbulbs: $300.00 awarded to landlord; Previous Order Application 4495166 D…: $5,606.00 awarded to landlord; Property Damage: $562.94 awarded to landlord; Property Damage: $565.00 awarded to landlord; Rent Arrears: $4,321.43 awarded to landlord; Rubbish Removal: $920.00 awarded to landlord; Water Rates: $1,164.54 awarded to landlord

What type of tenancy dispute was case 4581322?

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

Where can I read the official tribunal order for case 4581322?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/9552643-Tenancy_Tribunal_Order.pdf.

40 Cornwall Park Avenue, Epsom, Auckland 1051 Tenancy Tribunal Case 4581322 — Rent arrears

Order

Claims and awards in Tenancy Tribunal application 4581322 — net $9,465.35 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Tenant	Reason
Rent arrears	$4,321.43		Rent arrears
Previous order application 4495166 dated 01/03/2023	$5,606.00		Previous order application 4495166 dated 01/03/2023
Water rates	$1,164.54		Water rates
Lock/key replacement	$562.94		Lock/key replacement
Garage remote	$805.00		Garage remote
Rubbish removal	$920.00		Rubbish removal
Repairs	$565.00		Repairs
Light bulbs/batteries	$300.00		Light bulbs/batteries
Filing fee reimbursement	$20.44		Filing fee reimbursement
Bond released earlier		$2,400.00	Bond released earlier
Total award	$14,265.35	$2,400.00
Net award	$9,465.35
Total payable by Tenant to Landlord	$9,465.35

Melissa Maryanne Shedden and Tyneka Lee Shedden must pay Ml Management Limited $9,465.35 immediately, calculated as shown in table below.

This order incorporates the Tribunal order made on 1 March 2023 under application 4495166.

The Bond Centre is to pay the bond of $2,400.00 (5168525-004) to Ml Management Limited immediately.

Reasons

The landlord attended the hearing. The tenants did not attend the hearing. The hearing proceeded in the tenant’s absence.

The landlord has applied for rent arrears, water rates, 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 3 July 2023. The landlord provided rent records and water rates invoices which prove the amount owing at the end of the tenancy. The amount owing for rent arrears and water has been deducted due to the earlier award made on 1 March 2023.

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 is required to replace worn out smoke alarm batteries during the tenancy. See section 40(1)(ca) Residential Tenancies Act 1986. The tenant must also replace standard light bulbs.

The tenant did not leave the premises reasonably clean and tidy, and did not remove all rubbish.

The tenant did not return the keys.

The landlord had to replace light bulbs.

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: broken toilet seat, broken door handle and cabinet handle, holes in doors. The damage is more than fair wear and tear, and the tenant has not disproved liability for the damage.

The amounts ordered are proved.

The landlord has claimed insurance for some of the damage and is awaiting the outcome of that claim. Some of the claims for damages have not been awarded for this reason or because there was insufficient evidence to establish that the damage was caused during this tenancy.

On 1 March 2023 the Tribunal made an order relating to this tenancy, for rent arrears to 22 February 2023 and water rates owed as at 17 February 2023. The previous order is incorporated into this order for enforcement purposes.

Because Ml Management Limited has substantially succeeded with the claim I have reimbursed the filing fee.

Claims and awards in Tenancy Tribunal application 4581322 — net $9,465.35 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Tenant	Reason
Rent arrears	$4,321.43		Rent arrears
Previous order application 4495166 dated 01/03/2023	$5,606.00		Previous order application 4495166 dated 01/03/2023
Water rates	$1,164.54		Water rates
Lock/key replacement	$562.94		Lock/key replacement
Garage remote	$805.00		Garage remote
Rubbish removal	$920.00		Rubbish removal
Repairs	$565.00		Repairs
Light bulbs/batteries	$300.00		Light bulbs/batteries
Filing fee reimbursement	$20.44		Filing fee reimbursement
Bond released earlier		$2,400.00	Bond released earlier
Total award	$14,265.35	$2,400.00
Net award	$9,465.35
Total payable by Tenant to Landlord	$9,465.35

Order

Melissa Maryanne Shedden and Tyneka Lee Shedden must pay Ml Management Limited $9,465.35 immediately, calculated as shown in table below.
This order incorporates the Tribunal order made on 1 March 2023 under application 4495166.
The Bond Centre is to pay the bond of $2,400.00 (5168525-004) to Ml Management Limited immediately.

Reasons

The landlord attended the hearing. The tenants did not attend the hearing. The hearing proceeded in the tenant’s absence.
The landlord has applied for rent arrears, water rates, 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 3 July 2023. The landlord provided rent records and water rates invoices which prove the amount owing at the end of the tenancy. The amount owing for rent arrears and water has been deducted due to the earlier award made on 1 March 2023.

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 is required to replace worn out smoke alarm batteries during the tenancy. See section 40(1)(ca) Residential Tenancies Act 1986. The tenant must also replace standard light bulbs.
The tenant did not leave the premises reasonably clean and tidy, and did not remove all rubbish.
The tenant did not return the keys.
The landlord had to replace light bulbs.
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: broken toilet seat, broken door handle and cabinet handle, holes in doors. The damage is more than fair wear and tear, and the tenant has not disproved liability for the damage.
The amounts ordered are proved.
The landlord has claimed insurance for some of the damage and is awaiting the outcome of that claim. Some of the claims for damages have not been awarded for this reason or because there was insufficient evidence to establish that the damage was caused during this tenancy.
On 1 March 2023 the Tribunal made an order relating to this tenancy, for rent arrears to 22 February 2023 and water rates owed as at 17 February 2023. The previous order is incorporated into this order for enforcement purposes.
Because Ml Management Limited has substantially succeeded with the claim I have reimbursed the filing fee.

Tenancy Tribunal case 4581322 — Rent arrears at 40 Cornwall Park Avenue, Epsom, Auckland 1051

At a glance

Tenancy Tribunal case 4581322 — Rent arrears at 40 Cornwall Park Avenue, Epsom, Auckland 1051

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