What was the outcome of Tenancy Tribunal case 4607411?

The tribunal order states: Elian Grey must pay Mehome Limited $7,261.55 immediately, calculated as

How much money was awarded in case 4607411?

Cleaning: $250.00 awarded to landlord; Filing Fee: $20.44 awarded to landlord; Power Usage: $81.22 awarded to landlord; Property Damage: $320.00 awarded to landlord; Rent Arrears: $8,847.14 awarded to landlord; Water Rates: $222.75 awarded to landlord

What type of tenancy dispute was case 4607411?

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

Where can I read the official tribunal order for case 4607411?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/9445999-Tenancy_Tribunal_Order.pdf.

What was the outcome of Tenancy Tribunal case 4607411?

The tribunal order states: Elian Grey must pay Mehome Limited $7,261.55 immediately, calculated as

How much money was awarded in case 4607411?

Cleaning: $250.00 awarded to landlord; Filing Fee: $20.44 awarded to landlord; Power Usage: $81.22 awarded to landlord; Property Damage: $320.00 awarded to landlord; Rent Arrears: $8,847.14 awarded to landlord; Water Rates: $222.75 awarded to landlord

What type of tenancy dispute was case 4607411?

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

Where can I read the official tribunal order for case 4607411?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/9445999-Tenancy_Tribunal_Order.pdf.

Unit/Flat 514, 223A Green Lane West, Epsom, Auckland Tenancy Tribunal Case 4607411 — Rent arrears

Reasons

Claims and awards in Tenancy Tribunal application 4607411 — net $7,261.55 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears to 15 September 2023	$8,847.14	Rent arrears to 15 September 2023
Water rates usage	$222.75	Water rates usage
Power usage	$81.22	Power usage
Lock/key replacement	$320.00	Lock/key replacement
Cleaning	$250.00	Cleaning
Filing fee reimbursement	$20.44	Filing fee reimbursement
Net award	$7,261.55
Total payable by Tenant to Landlord	$7,261.55

The Property Manager Ms Wen attended the hearing by phone. There was no appearance by the tenant.

This was a fixed term tenancy. The property manager says the property was abandoned by the tenant and the agent was eventually able to re-tenant the property.

The landlord has applied for rent arrears, water usage, power usage and compensation for lock replacement, cleaning (including carpet cleaning) and repairs to picture holes in the walls and further screw type holes in the cupboards and some on the ceiling.

The landlord seeks refund of the bond and reimbursement of the filing fee.

How much is owed for rent water and power?

The tenancy ended on 15 September 2023.

The landlord provided rent records and water rates invoices and power invoice which prove the amount owing at the end of the tenancy $8,847.14 for rent, $222.75 for water and $81.22 for power.

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, 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 property manager says the tenant did not leave the premises reasonably clean and tidy. The Property Manager provided some photos of the premises at the end of the tenancy (oven and kitchen area) and some for the beginning of the tenancy. The claim is for $782.00 including carpet cleaning.

I can only be satisfied of part of this claim and award $250.00 for cleaning.

The tenant changed the lock to the door without notifying the landlord. Because this is a block of apartments, it is important the key complies with the master key as noted in the Body Corporate rules.

I am satisfied the lock and key had to be rectified and award the amount of $320.00 to the landlord.

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.

The agent says the tenant is responsible for damage to the walls, ceilings and in cupboards. Photos are provided that show some screw type holes in cupboards, a couple of larger picture holes on a wall and some smaller screw holes in the ceiling. There are also some small patches on a couple of walls

The agent is claiming insurance excess of $2000.00, saying this is for a claim of 8 occasion of wall damage.

The agent says the walls have been repaired and property re-tenanted but no invoice for the work done provided. This was a cash job.

The agent has provided some photographs of the premises at the start of the tenancy.

I am satisfied some holes were larger than the usual sized picture hook holes and small ceiling holes are unusual, but overall, not necessarily up to the level of damage caused as claimed.

On the basis no invoice is provided of the repair that has already occurred, I cannot be satisfied of the quantum of loss that actually occurred and dismiss this claim.

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

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

Claims and awards in Tenancy Tribunal application 4607411 — net $7,261.55 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears to 15 September 2023	$8,847.14	Rent arrears to 15 September 2023
Water rates usage	$222.75	Water rates usage
Power usage	$81.22	Power usage
Lock/key replacement	$320.00	Lock/key replacement
Cleaning	$250.00	Cleaning
Filing fee reimbursement	$20.44	Filing fee reimbursement
Net award	$7,261.55
Total payable by Tenant to Landlord	$7,261.55

Order

Elian Grey must pay Mehome Limited $7,261.55 immediately, calculated as shown in table below.
The Bond Centre is to pay the bond of $2,480.00 (6465513-004) to Mehome Limited immediately.

Reasons

The Property Manager Ms Wen attended the hearing by phone. There was no appearance by the tenant.
This was a fixed term tenancy. The property manager says the property was abandoned by the tenant and the agent was eventually able to re-tenant the property.
The landlord has applied for rent arrears, water usage, power usage and compensation for lock replacement, cleaning (including carpet cleaning) and repairs to picture holes in the walls and further screw type holes in the cupboards and some on the ceiling.
The landlord seeks refund of the bond and reimbursement of the filing fee.

How much is owed for rent water and power?

The tenancy ended on 15 September 2023.
The landlord provided rent records and water rates invoices and power invoice which prove the amount owing at the end of the tenancy $8,847.14 for rent, $222.75 for water and $81.22 for power.

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, 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 property manager says the tenant did not leave the premises reasonably clean and tidy. The Property Manager provided some photos of the premises at the end of the tenancy (oven and kitchen area) and some for the beginning of the tenancy. The claim is for $782.00 including carpet cleaning.
I can only be satisfied of part of this claim and award $250.00 for cleaning.
The tenant changed the lock to the door without notifying the landlord. Because this is a block of apartments, it is important the key complies with the master key as noted in the Body Corporate rules.
I am satisfied the lock and key had to be rectified and award the amount of $320.00 to the landlord.

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.
The agent says the tenant is responsible for damage to the walls, ceilings and in cupboards. Photos are provided that show some screw type holes in cupboards, a couple of larger picture holes on a wall and some smaller screw holes in the ceiling. There are also some small patches on a couple of walls
The agent is claiming insurance excess of $2000.00, saying this is for a claim of 8 occasion of wall damage.
The agent says the walls have been repaired and property re-tenanted but no invoice for the work done provided. This was a cash job.
The agent has provided some photographs of the premises at the start of the tenancy.
I am satisfied some holes were larger than the usual sized picture hook holes and small ceiling holes are unusual, but overall, not necessarily up to the level of damage caused as claimed.
On the basis no invoice is provided of the repair that has already occurred, I cannot be satisfied of the quantum of loss that actually occurred and dismiss this claim.
Because Mehome Limited has substantially succeeded with the claim I have reimbursed the filing fee.
No application for suppression has been made in this case and no suppression orders apply around publication of this decision.

Tenancy Tribunal case 4607411 — Rent arrears at Unit/Flat 514, 223A Green Lane West, Epsom, Auckland

At a glance

Tenancy Tribunal case 4607411 — Rent arrears at Unit/Flat 514, 223A Green Lane West, Epsom, Auckland

At a glance

Award balance

Claims & awards

Order

Reasons

How much is owed for rent water and power?

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 water and power?

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