How much money was awarded in case 4587531?

Dispose Shed, Furniture And Paint: $447.54 awarded to landlord; Filing Fee: $20.44 awarded to landlord; Rent Arrears: $2,362.86 awarded to landlord; Bedroom hole in wall and dismantle s…: $450.00 awarded to landlord; Carpet Downstairs: $600.00 awarded to landlord; Water Rates: $315.26 awarded to landlord

What type of tenancy dispute was case 4587531?

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

Where can I read the official tribunal order for case 4587531?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/9943577-Tenancy_Tribunal_Order.pdf.

How much money was awarded in case 4587531?

Dispose Shed, Furniture And Paint: $447.54 awarded to landlord; Filing Fee: $20.44 awarded to landlord; Rent Arrears: $2,362.86 awarded to landlord; Bedroom hole in wall and dismantle s…: $450.00 awarded to landlord; Carpet Downstairs: $600.00 awarded to landlord; Water Rates: $315.26 awarded to landlord

What type of tenancy dispute was case 4587531?

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

Where can I read the official tribunal order for case 4587531?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/9943577-Tenancy_Tribunal_Order.pdf.

463 Don Buck Road, Massey, Auckland 0614 Tenancy Tribunal Case 4587531 — Rent arrears

Q: What was the outcome of Tenancy Tribunal case 4587531?

The tribunal order states: Dean Joseph Leatherby must pay Clear Property Management Limited Acting

Order

Claims and awards in Tenancy Tribunal application 4587531 — net $1,396.10 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears to end of tenancy	$2,362.86	Rent arrears to end of tenancy
Water rates	$315.26	Water rates
Dispose Shed, Furniture and Paint	$447.54	Dispose Shed, Furniture and Paint
Repairs: Carpet downstairs	$600.00	Repairs: Carpet downstairs
Repairs: Bedroom hole in wall and dismantle shed	$450.00	Repairs: Bedroom hole in wall and dismantle shed
Filing fee reimbursement	$20.44	Filing fee reimbursement
Net award	$1,396.10
Total payable by Tenant to Landlord	$1,396.10

Dean Joseph Leatherby must pay Clear Property Management Limited Acting Agent For Kathy Chi And Siu Lun Yiu $1,396.10 immediately, calculated as shown in table below.

The Bond Centre is to pay the bond of $2,800.00 (6223696-008) to Clear Property Management Limited Acting Agent For Kathy Chi And Siu Lun Yiu immediately.

Reasons

Both parties attended the hearing. Ms Rapson for the landlord and Mr Leatherby with his support person on the phone.

The landlord has applied for rent arrears, compensation for disposal of furniture, paint and shed, repairs to hole in bedroom wall and vinyl, replacement of downstairs carpet, 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 26 December 2022. The landlord provided rent records and water rates invoices which prove the amount owing at the end of the tenancy being $2362.86 for rent and $315.26 for water use.

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 did not remove all the furniture and paint cans. The tenant also left behind a shed he had put up for storage. This had to be dismantled and disposed of too.

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 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.

The following damage was caused during the tenancy: Damage to carpet in downstairs bedroom, damage to vinyl and hole in wall in another bedroom.

The vinyl damage is not more than fair wear and tear according to the pictures provided in the photos. The agent says this was easily glued down.

There is damage to the wall and carpet downstairs. This damage is more than fair wear and tear, and the tenant has not disproved liability for the damage. The photos suggest there was a water item that damaged the carpet downstairs. The tenant says the downstairs was damp and mouldy.

Having considered the factors and seeing the pictures provided, the downstairs looks darker and there are paint flaked on the windowsills. I cannot discount the 2 patches of damage either. In light of the evidence and information about the downstairs bedroom, I apply a discount to the claim brought for the full amount.

I take 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. I consider the carpet materials are not of a superior quality and hence have a shorter lifespan.

The amounts ordered are proved.

Because Clear Property Management Limited Acting Agent For Kathy Chi And Siu Lun Yiu has substantially succeeded with the claim I have reimbursed the filing fee.

Claims and awards in Tenancy Tribunal application 4587531 — net $1,396.10 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears to end of tenancy	$2,362.86	Rent arrears to end of tenancy
Water rates	$315.26	Water rates
Dispose Shed, Furniture and Paint	$447.54	Dispose Shed, Furniture and Paint
Repairs: Carpet downstairs	$600.00	Repairs: Carpet downstairs
Repairs: Bedroom hole in wall and dismantle shed	$450.00	Repairs: Bedroom hole in wall and dismantle shed
Filing fee reimbursement	$20.44	Filing fee reimbursement
Net award	$1,396.10
Total payable by Tenant to Landlord	$1,396.10

Order

Dean Joseph Leatherby must pay Clear Property Management Limited Acting Agent For Kathy Chi And Siu Lun Yiu $1,396.10 immediately, calculated as shown in table below.
The Bond Centre is to pay the bond of $2,800.00 (6223696-008) to Clear Property Management Limited Acting Agent For Kathy Chi And Siu Lun Yiu immediately.

Reasons

Both parties attended the hearing. Ms Rapson for the landlord and Mr Leatherby with his support person on the phone.
The landlord has applied for rent arrears, compensation for disposal of furniture, paint and shed, repairs to hole in bedroom wall and vinyl, replacement of downstairs carpet, 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 26 December 2022. The landlord provided rent records and water rates invoices which prove the amount owing at the end of the tenancy being $2362.86 for rent and $315.26 for water use.

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 did not remove all the furniture and paint cans. The tenant also left behind a shed he had put up for storage. This had to be dismantled and disposed of too.
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 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.
The following damage was caused during the tenancy: Damage to carpet in downstairs bedroom, damage to vinyl and hole in wall in another bedroom.
The vinyl damage is not more than fair wear and tear according to the pictures provided in the photos. The agent says this was easily glued down.
There is damage to the wall and carpet downstairs. This damage is more than fair wear and tear, and the tenant has not disproved liability for the damage. The photos suggest there was a water item that damaged the carpet downstairs. The tenant says the downstairs was damp and mouldy.
Having considered the factors and seeing the pictures provided, the downstairs looks darker and there are paint flaked on the windowsills. I cannot discount the 2 patches of damage either. In light of the evidence and information about the downstairs bedroom, I apply a discount to the claim brought for the full amount.
I take 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. I consider the carpet materials are not of a superior quality and hence have a shorter lifespan.
The amounts ordered are proved.
Because Clear Property Management Limited Acting Agent For Kathy Chi And Siu Lun Yiu has substantially succeeded with the claim I have reimbursed the filing fee.

Tenancy Tribunal case 4587531 — Rent arrears at 463 Don Buck Road, Massey, Auckland 0614

At a glance

Tenancy Tribunal case 4587531 — Rent arrears at 463 Don Buck Road, Massey, Auckland 0614

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