What was the outcome of Tenancy Tribunal case 4635351?

The tribunal order states: Brent William Harry McLeod and Wai-Maria Hamiora to pay Upartner Property

How much money was awarded in case 4635351?

Broken Window: $200.00 awarded to landlord; Rubbish Removal: $460.00 awarded to landlord; Water Usage: $421.60 awarded to landlord

What type of tenancy dispute was case 4635351?

The primary dispute was Property damage.

Where can I read the official tribunal order for case 4635351?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/9686688-Tribunal_Order.pdf.

What was the outcome of Tenancy Tribunal case 4635351?

The tribunal order states: Brent William Harry McLeod and Wai-Maria Hamiora to pay Upartner Property

How much money was awarded in case 4635351?

Broken Window: $200.00 awarded to landlord; Rubbish Removal: $460.00 awarded to landlord; Water Usage: $421.60 awarded to landlord

What type of tenancy dispute was case 4635351?

The primary dispute was Property damage.

Where can I read the official tribunal order for case 4635351?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/9686688-Tribunal_Order.pdf.

88 Elliot Street, Pahurehure, Papakura 2113 Tenancy Tribunal Case 4635351 — Property damage

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88 Elliot Street, Pahurehure, Papakura 2113 Tenancy Tribunal Case 4635351 — Property damage | 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 4635351 — net $1,081.60 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Water usage	$421.60	Water usage
Rubbish removal	$460.00	Rubbish removal
Repairs: broken window	$200.00	Repairs: broken window
Net award	$1,081.60
Bond	$1,600.00
Total payable by Tenant to Landlord	$1,081.60

Claims and awards for application 4635351 — net $1,081.60 NZD. Verify on MoJ.

Water usage

Amount: $421.60
Awarded to: Landlord
Reason: Water usage

Rubbish removal

Amount: $460.00
Awarded to: Landlord
Reason: Rubbish removal

Repairs: broken window

Amount: $200.00
Awarded to: Landlord
Reason: Repairs: broken window

Net award

Landlord $1,081.60

Bond

Landlord $1,600.00

Total payable by Tenant to Landlord

Landlord $1,081.60

Claim types — money lines allowed on this order

Property damage Rubbish Removal

Order

Brent William Harry McLeod and Wai-Maria Hamiora to pay Upartner Property Limited As Agent For Leo Yang $1,081.60 from the bond, calculated as shown in table below.
The Bond Centre is to pay the bond of $1,600.00 immediately apportioned as follows: Upartner Property Limited As Agent For Leo Yang: $1,081.60 Brent William Harry McLeod and Wai-Maria Ha miora: $518.40
The application is dismissed.

Reasons

This tenancy ended on 16 Juen 2023.
The tenant sought release of the bond.
The landlord applied for compensation for water usage, rubbish removal, key cut and broken window repair.
Both applications were adjourned on 8 September 2023 for the agent to serve the tenant Mr McLeod.
The agent confirms she served Mr McLeod on 11 September 2023. She confirms he called her twice a few days later about the claims.
Prior to the hearing, on 27 October 2023, the tenant Ms Hamiora sought to attend by telephone. This was granted.
On 22 November 2023, the tenant said she had Covid and was not sure she would be well enough to attend the hearing by phone today.
Directions were made on 23 November 2023 for both parties to attend by telephone today to determine if the mater proceeds.
The agent Ms Zhang has appeared by phone. Ms Hamiora has not answered her phone.
These applications are long overdue to be heard as this tenancy ended on 16 June 2023. The Tribunal hearing proceeded today. How much is owed for water
The agent provided water records and confirmed there was $421.60 owing in water usage at the end of the tenancy. The amount ordered is proved.

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 rubbish. There are photographs and an invoice for the rubbish removal required being $460.00.
The tenant did not return the keys. The agent withdrew this claim as there was no invoice for the claim.
The amount for rubbish removal is 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.
The agent says there was a window that was broken during the tenancy. It cost $200.00 to repair. There is correspondence provided by the agent about this broken window being repaired.
The damage is more than fair wear and tear, and the tenant has not disproved liability for the damage.
The amount for window repair is 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 4635351 — net $1,081.60 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Water usage	$421.60	Water usage
Rubbish removal	$460.00	Rubbish removal
Repairs: broken window	$200.00	Repairs: broken window
Net award	$1,081.60
Bond	$1,600.00
Total payable by Tenant to Landlord	$1,081.60

Claims and awards for application 4635351 — net $1,081.60 NZD. Verify on MoJ.

Water usage

Amount: $421.60
Awarded to: Landlord
Reason: Water usage

Rubbish removal

Amount: $460.00
Awarded to: Landlord
Reason: Rubbish removal

Repairs: broken window

Amount: $200.00
Awarded to: Landlord
Reason: Repairs: broken window

Net award

Landlord $1,081.60

Bond

Landlord $1,600.00

Total payable by Tenant to Landlord

Landlord $1,081.60

Claim types — money lines allowed on this order

Property damage Rubbish Removal

Order

Brent William Harry McLeod and Wai-Maria Hamiora to pay Upartner Property Limited As Agent For Leo Yang $1,081.60 from the bond, calculated as shown in table below.
The Bond Centre is to pay the bond of $1,600.00 immediately apportioned as follows: Upartner Property Limited As Agent For Leo Yang: $1,081.60 Brent William Harry McLeod and Wai-Maria Ha miora: $518.40
The application is dismissed.

Reasons

This tenancy ended on 16 Juen 2023.
The tenant sought release of the bond.
The landlord applied for compensation for water usage, rubbish removal, key cut and broken window repair.
Both applications were adjourned on 8 September 2023 for the agent to serve the tenant Mr McLeod.
The agent confirms she served Mr McLeod on 11 September 2023. She confirms he called her twice a few days later about the claims.
Prior to the hearing, on 27 October 2023, the tenant Ms Hamiora sought to attend by telephone. This was granted.
On 22 November 2023, the tenant said she had Covid and was not sure she would be well enough to attend the hearing by phone today.
Directions were made on 23 November 2023 for both parties to attend by telephone today to determine if the mater proceeds.
The agent Ms Zhang has appeared by phone. Ms Hamiora has not answered her phone.
These applications are long overdue to be heard as this tenancy ended on 16 June 2023. The Tribunal hearing proceeded today. How much is owed for water
The agent provided water records and confirmed there was $421.60 owing in water usage at the end of the tenancy. The amount ordered is proved.

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 rubbish. There are photographs and an invoice for the rubbish removal required being $460.00.
The tenant did not return the keys. The agent withdrew this claim as there was no invoice for the claim.
The amount for rubbish removal is 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.
The agent says there was a window that was broken during the tenancy. It cost $200.00 to repair. There is correspondence provided by the agent about this broken window being repaired.
The damage is more than fair wear and tear, and the tenant has not disproved liability for the damage.
The amount for window repair is proved.

Tenancy Tribunal case 4635351 — Property damage at 88 Elliot Street, Pahurehure, Papakura 2113

At a glance

Tenancy Tribunal case 4635351 — Property damage at 88 Elliot Street, Pahurehure, Papakura 2113

At a glance

Award balance

Claims & awards

Order

Reasons

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

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