What was the outcome of Tenancy Tribunal case 4582130?

The tribunal order states: Sonny Kharece Cameron Wightman must pay Inspire Real Estate Acting Agent

How much money was awarded in case 4582130?

Cleaning: $600.00 awarded to landlord; Filing Fee: $20.44 awarded to landlord; Lightbulbs: $47.51 awarded to landlord; Property Damage: $247.25 awarded to landlord; Rent Arrears: $3,170.29 awarded to landlord; Property Damage: $1,380.00 awarded to landlord; Rubbish Removal: $531.88 awarded to landlord; Water Rates: $99.10 awarded to landlord

What type of tenancy dispute was case 4582130?

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

Where can I read the official tribunal order for case 4582130?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/9634405-Tenancy_Tribunal_Order.pdf.

What was the outcome of Tenancy Tribunal case 4582130?

The tribunal order states: Sonny Kharece Cameron Wightman must pay Inspire Real Estate Acting Agent

How much money was awarded in case 4582130?

Cleaning: $600.00 awarded to landlord; Filing Fee: $20.44 awarded to landlord; Lightbulbs: $47.51 awarded to landlord; Property Damage: $247.25 awarded to landlord; Rent Arrears: $3,170.29 awarded to landlord; Property Damage: $1,380.00 awarded to landlord; Rubbish Removal: $531.88 awarded to landlord; Water Rates: $99.10 awarded to landlord

What type of tenancy dispute was case 4582130?

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

Where can I read the official tribunal order for case 4582130?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/9634405-Tenancy_Tribunal_Order.pdf.

Unit/Flat 1, 231 Glengarry Road, Glen Eden, Auckland 0602 Tenancy Tribunal Case 4582130 — Rent arrears

Reasons

Claims and awards in Tenancy Tribunal application 4582130 — net $4,356.47 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears to 21 April 2023	$3,170.29	Rent arrears to 21 April 2023
Lock/key replacement	$247.25	Lock/key replacement
Cleaning	$600.00	Cleaning
Rubbish removal	$531.88	Rubbish removal
Water rates	$99.10	Water rates
Filing fee reimbursement	$20.44	Filing fee reimbursement
Repairs: Painting and wall repairs	$1,380.00	Repairs: Painting and wall repairs
Light bulbs/batteries	$47.51	Light bulbs/batteries
Net award	$4,356.47
Total payable by Tenant to Landlord	$4,356.47

The landlord attended the hearing, the respondent did not.

The landlord has applied for rent arrears, compensation, damages, 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 21 April 2023. The landlord provided rent records and water rates invoices which prove the amounts owing at the end of the tenancy were $3170.29 for rent arrears and $99.10 for outstanding water rates.

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. Rubbish, food and belongings were left throughout the premises, and no cleaning had been done. The landlord attempted several times to contact the tenant regarding removing his belongings, but he did not engage.

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.

Numerous fist-size holes, gouges, puncture holes and dents in all rooms except the bathroom, were caused during the tenancy.

The landlord stated that the whole premises had been freshly painted immediately prior to the tenancy. Photographs provided support this, and also support the evidence of the damage to the property.

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. In calculating depreciation, I have taken into account the age and condition of the items at the start of the tenancy and their likely useful lifespan.

Because the applicant has wholly succeeded with their claim, I have reimbursed the filing fee.

Claims and awards in Tenancy Tribunal application 4582130 — net $4,356.47 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears to 21 April 2023	$3,170.29	Rent arrears to 21 April 2023
Lock/key replacement	$247.25	Lock/key replacement
Cleaning	$600.00	Cleaning
Rubbish removal	$531.88	Rubbish removal
Water rates	$99.10	Water rates
Filing fee reimbursement	$20.44	Filing fee reimbursement
Repairs: Painting and wall repairs	$1,380.00	Repairs: Painting and wall repairs
Light bulbs/batteries	$47.51	Light bulbs/batteries
Net award	$4,356.47
Total payable by Tenant to Landlord	$4,356.47

Order

Sonny Kharece Cameron Wightman must pay Inspire Real Estate Acting Agent For Nikari Ltd $4,356.47 immediately, calculated as shown in table below.
The Bond Centre is to pay the bond of $1,740.00 (5199126-012) to Inspire Real Estate Acting Agent For Nikari Ltd immediately.

Reasons

The landlord attended the hearing, the respondent did not.
The landlord has applied for rent arrears, compensation, damages, 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 21 April 2023. The landlord provided rent records and water rates invoices which prove the amounts owing at the end of the tenancy were $3170.29 for rent arrears and $99.10 for outstanding water rates.

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. Rubbish, food and belongings were left throughout the premises, and no cleaning had been done. The landlord attempted several times to contact the tenant regarding removing his belongings, but he did not engage.
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.
Numerous fist-size holes, gouges, puncture holes and dents in all rooms except the bathroom, were caused during the tenancy.
The landlord stated that the whole premises had been freshly painted immediately prior to the tenancy. Photographs provided support this, and also support the evidence of the damage to the property.
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. In calculating depreciation, I have taken into account the age and condition of the items at the start of the tenancy and their likely useful lifespan.
Because the applicant has wholly succeeded with their claim, I have reimbursed the filing fee.

Tenancy Tribunal case 4582130 — Rent arrears at Unit/Flat 1, 231 Glengarry Road, Glen Eden, Auckland 0602

At a glance

Tenancy Tribunal case 4582130 — Rent arrears at Unit/Flat 1, 231 Glengarry Road, Glen Eden, Auckland 0602

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