What was the outcome of Tenancy Tribunal case 4632829?

The tribunal order states: Leslie Holmes must pay Compass Property Management Limited As Agent For

How much money was awarded in case 4632829?

Filing Fee: $20.44 awarded to landlord; Lawns: $109.25 awarded to landlord; Lightbulbs: $60.77 awarded to landlord; Property Damage: $216.78 awarded to landlord; Property Damage: $14.50 awarded to landlord; Rent Arrears: $1,950.00 awarded to landlord; Walls: $300.35 awarded to landlord; Replace Furnishings: Curtains: $322.00 awarded to landlord; Rubbish Removal: $212.50 awarded to landlord; Water Rates: $450.07 awarded to landlord

What type of tenancy dispute was case 4632829?

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

Where can I read the official tribunal order for case 4632829?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/10033803-Tenancy_Tribunal_Order.pdf.

What was the outcome of Tenancy Tribunal case 4632829?

The tribunal order states: Leslie Holmes must pay Compass Property Management Limited As Agent For

How much money was awarded in case 4632829?

Filing Fee: $20.44 awarded to landlord; Lawns: $109.25 awarded to landlord; Lightbulbs: $60.77 awarded to landlord; Property Damage: $216.78 awarded to landlord; Property Damage: $14.50 awarded to landlord; Rent Arrears: $1,950.00 awarded to landlord; Walls: $300.35 awarded to landlord; Replace Furnishings: Curtains: $322.00 awarded to landlord; Rubbish Removal: $212.50 awarded to landlord; Water Rates: $450.07 awarded to landlord

What type of tenancy dispute was case 4632829?

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

Where can I read the official tribunal order for case 4632829?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/10033803-Tenancy_Tribunal_Order.pdf.

17A Freyberg Crescent, Pukekohe, Pukekohe 2120 Tenancy Tribunal Case 4632829 — Rent arrears

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17A Freyberg Crescent, Pukekohe, Pukekohe 2120 Tenancy Tribunal Case 4632829 — Rent arrears | TenantCheck

Claims & awards

What this tenancy cost at tribunal — claim, category, amount, and party awarded, with reconciled net total.

Claims and awards in Tenancy Tribunal application 4632829 — net $3,656.66 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears to 24 May 2023	$1,950.00	Rent arrears to 24 May 2023
Water rates	$450.07	Water rates
Lock/key replacement	$216.78	Lock/key replacement
Lawns	$109.25	Lawns
Window repairs	$14.50	Window repairs
Replace furnishings: curtains	$322.00	Replace furnishings: curtains
Rubbish removal	$212.50	Rubbish removal
Light bulbs removed by tenant on vacation	$60.77	Light bulbs removed by tenant on vacation
Repairs: walls	$300.35	Repairs: walls
Filing fee reimbursement	$20.44	Filing fee reimbursement
Net award	$3,656.66
Total payable by Tenant to Landlord	$3,656.66

Claims and awards for application 4632829 — net $3,656.66 NZD. Verify on MoJ.

Rent arrears to 24 May 2023

Amount: $1,950.00
Awarded to: Landlord
Reason: Rent arrears to 24 May 2023

Water rates

Amount: $450.07
Awarded to: Landlord
Reason: Water rates

Lock/key replacement

Amount: $216.78
Awarded to: Landlord
Reason: Lock/key replacement

Lawns

Amount: $109.25
Awarded to: Landlord
Reason: Lawns

Window repairs

Amount: $14.50
Awarded to: Landlord
Reason: Window repairs

Replace furnishings: curtains

Claim types — money lines allowed on this order

Filing Fee Property damage Rent arrears Rubbish Removal Water Rates

Order

Leslie Holmes must pay Compass Property Management Limited As Agent For Andrew And Elizabeth Christie As Trustees Of The Andrew Christie Family Trust $3,656.66 immediately, calculated as shown in table below.

Reasons

Only the landlord attended the hearing.
The landlord has applied for rent arrears, compensation and reimbursement of the filing fee following the end of the tenancy.
The bond has already been refunded to the landlord to cover some rent arrears.

How much is owed for rent and water rates?

The tenancy ended on 24 May 2023. 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) 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 light bulbs and curtains were missing at the end of the tenancy. The landlord had to replace light bulbs and curtains.
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.
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 walls and windows were damaged during the tenancy. The damage is more than fair wear and tear, and the tenant has not disproved liability for the damage.
The amounts ordered are proved.

Claims & awards

What this tenancy cost at tribunal — claim, category, amount, and party awarded, with reconciled net total.

Claims and awards in Tenancy Tribunal application 4632829 — net $3,656.66 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears to 24 May 2023	$1,950.00	Rent arrears to 24 May 2023
Water rates	$450.07	Water rates
Lock/key replacement	$216.78	Lock/key replacement
Lawns	$109.25	Lawns
Window repairs	$14.50	Window repairs
Replace furnishings: curtains	$322.00	Replace furnishings: curtains
Rubbish removal	$212.50	Rubbish removal
Light bulbs removed by tenant on vacation	$60.77	Light bulbs removed by tenant on vacation
Repairs: walls	$300.35	Repairs: walls
Filing fee reimbursement	$20.44	Filing fee reimbursement
Net award	$3,656.66
Total payable by Tenant to Landlord	$3,656.66

Claims and awards for application 4632829 — net $3,656.66 NZD. Verify on MoJ.

Rent arrears to 24 May 2023

Amount: $1,950.00
Awarded to: Landlord
Reason: Rent arrears to 24 May 2023

Water rates

Amount: $450.07
Awarded to: Landlord
Reason: Water rates

Lock/key replacement

Amount: $216.78
Awarded to: Landlord
Reason: Lock/key replacement

Lawns

Amount: $109.25
Awarded to: Landlord
Reason: Lawns

Window repairs

Amount: $14.50
Awarded to: Landlord
Reason: Window repairs

Replace furnishings: curtains

Claim types — money lines allowed on this order

Filing Fee Property damage Rent arrears Rubbish Removal Water Rates

Order

Reasons

Only the landlord attended the hearing.
The landlord has applied for rent arrears, compensation and reimbursement of the filing fee following the end of the tenancy.
The bond has already been refunded to the landlord to cover some rent arrears.

How much is owed for rent and water rates?

The tenancy ended on 24 May 2023. 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) 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 light bulbs and curtains were missing at the end of the tenancy. The landlord had to replace light bulbs and curtains.
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.
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 walls and windows were damaged during the tenancy. The damage is more than fair wear and tear, and the tenant has not disproved liability for the damage.
The amounts ordered are proved.

Tenancy Tribunal case 4632829 — Rent arrears at 17A Freyberg Crescent, Pukekohe, Pukekohe 2120

At a glance

Tenancy Tribunal case 4632829 — Rent arrears at 17A Freyberg Crescent, Pukekohe, Pukekohe 2120

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