What was the outcome of Tenancy Tribunal case 4640590?

The tribunal order states: Cecilia Moti, Galo Moti and Filipine Moti must pay Oracle Property Management

How much money was awarded in case 4640590?

Cleaning: $483.00 awarded to landlord; Filing Fee: $20.44 awarded to landlord; Property Damage: $302.50 awarded to landlord; Rent: $1,903.57 awarded to landlord; Walls: $419.00 awarded to landlord; Replace Furnishings: Lounge Carpet: $1,150.00 awarded to landlord; Rubbish Removal: $414.00 awarded to landlord; Water: $198.47 awarded to landlord

What type of tenancy dispute was case 4640590?

The primary dispute was Property damage. Related themes: Cleanliness.

Where can I read the official tribunal order for case 4640590?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/9596457-Tenancy_Tribunal_Order.pdf.

What was the outcome of Tenancy Tribunal case 4640590?

The tribunal order states: Cecilia Moti, Galo Moti and Filipine Moti must pay Oracle Property Management

How much money was awarded in case 4640590?

Cleaning: $483.00 awarded to landlord; Filing Fee: $20.44 awarded to landlord; Property Damage: $302.50 awarded to landlord; Rent: $1,903.57 awarded to landlord; Walls: $419.00 awarded to landlord; Replace Furnishings: Lounge Carpet: $1,150.00 awarded to landlord; Rubbish Removal: $414.00 awarded to landlord; Water: $198.47 awarded to landlord

What type of tenancy dispute was case 4640590?

The primary dispute was Property damage. Related themes: Cleanliness.

Where can I read the official tribunal order for case 4640590?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/9596457-Tenancy_Tribunal_Order.pdf.

85B Dominion Road, Papakura, Papakura 2110 Tenancy Tribunal Case 4640590 — Property damage

Reasons

Claims and awards in Tenancy Tribunal application 4640590 — net $4,890.98 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent to 3 May 2023	$1,903.57	Rent to 3 May 2023
Water to 18 April 2023	$198.47	Water to 18 April 2023
Lock/key replacement	$302.50	Lock/key replacement
Cleaning	$483.00	Cleaning
Replace furnishings: lounge carpet	$1,150.00	Replace furnishings: lounge carpet
Rubbish removal	$414.00	Rubbish removal
Repairs: walls	$419.00	Repairs: walls
Filing fee reimbursement	$20.44	Filing fee reimbursement
Net award	$4,890.98
Total payable by Tenant to Landlord	$4,890.98

The landlord attended the hearing. There was no appearance by the tenants. Service of the application

The tenancy was terminated for abandonment on 26 April 2023. The application was filed on 26 July 2023, more than 2 months after the end of the tenancy. The application has not been served in accordance with section 91A of the Residential Tenancies Act 1986 (the Act).

However, I am satisfied that all reasonable efforts have been made to locate the tenants. Because the tenancy was abandoned, the landlord had no opportunity to obtain a forwarding address. Searches of the Companies Office and white pages have not identified where the tenants are living. I doubt whether a credit check would record any new address.

I am also satisfied that steps have already been taken that are likely to have brought the application to the attention of the tenants. The landlord said they corresponded with the tenants by email during the tenancy. The application has been served by email.

I direct that the application was served on the tenants by email on 4 August 2023. The tenants have the ability to apply for a rehearing if they were unaware of today’s hearing.

The landlord has applied for rent arrears, compensation, and reimbursement of the filing fee following the end of the tenancy. There is no remaining bond. Rent and water

The tenancy ended on 26 April 2023 for abandonment pursuant to an order of the Tribunal. The order did not specify the date when the landlord became aware that the tenants had abandoned pursuant to section 61(2) of the Act.

The landlord performed an inspection on 5 April 2023 and discovered the tenants had left. Calculating a period of 28 days from 5 April 2023 in accordance with section 61(3)(a) means the tenants are liable for rent in lieu of notice to 3 May 2023. I award rent to that date in the sum of $1,903.57.

The landlord provided rent records and water 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.

The tenant did not leave the premises reasonably clean and tidy and did not remove all rubbish, as shown in the exit inspection report. There was a lot of hard rubbish left behind. There was a need for cleaning to the carpets and floors, for example, and inside kitchen and bathroom cupboards.

The tenant did not return the keys. The locks had to be changed to make the property secure. 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.

Where the damage is careless, and occurs after 27 August 2019, section 49B of the Act 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. The damage was discovered at the end of the tenancy.

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 4 weeks' rent. The insurance excess was $1,150.00 with a weekly rent of $580.00.

Where the damage is careless and is not covered by the landlord's insurance, the tenant's liability is limited to 4 weeks' rent.

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.

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.

The lounge carpet was badly stained and had to be replaced ($1,420.00). The landlord said the tenants put red mats on the floor and the colour leached through into the carpet. I find that this was carelessly caused damage. I award the insurance excess ($1,150.00).

There was damage to the walls in the lounge, bedroom 2 and bedroom 3. The damage is more than fair wear and tear. I award the amount claimed for repairs ($419.75). Filing fee

The landlord’s application has been successful. I award the filing fee.

Claims and awards in Tenancy Tribunal application 4640590 — net $4,890.98 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent to 3 May 2023	$1,903.57	Rent to 3 May 2023
Water to 18 April 2023	$198.47	Water to 18 April 2023
Lock/key replacement	$302.50	Lock/key replacement
Cleaning	$483.00	Cleaning
Replace furnishings: lounge carpet	$1,150.00	Replace furnishings: lounge carpet
Rubbish removal	$414.00	Rubbish removal
Repairs: walls	$419.00	Repairs: walls
Filing fee reimbursement	$20.44	Filing fee reimbursement
Net award	$4,890.98
Total payable by Tenant to Landlord	$4,890.98

Order

Cecilia Moti, Galo Moti and Filipine Moti must pay Oracle Property Management Limited - as Agent for Hyon-Hee & Shinobu Jeong & Inada $4,890.98 immediately, calculated as shown in the table below.

Reasons

The landlord attended the hearing. There was no appearance by the tenants. Service of the application
The tenancy was terminated for abandonment on 26 April 2023. The application was filed on 26 July 2023, more than 2 months after the end of the tenancy. The application has not been served in accordance with section 91A of the Residential Tenancies Act 1986 (the Act).
However, I am satisfied that all reasonable efforts have been made to locate the tenants. Because the tenancy was abandoned, the landlord had no opportunity to obtain a forwarding address. Searches of the Companies Office and white pages have not identified where the tenants are living. I doubt whether a credit check would record any new address.
I am also satisfied that steps have already been taken that are likely to have brought the application to the attention of the tenants. The landlord said they corresponded with the tenants by email during the tenancy. The application has been served by email.
I direct that the application was served on the tenants by email on 4 August 2023. The tenants have the ability to apply for a rehearing if they were unaware of today’s hearing.
The landlord has applied for rent arrears, compensation, and reimbursement of the filing fee following the end of the tenancy. There is no remaining bond. Rent and water
The tenancy ended on 26 April 2023 for abandonment pursuant to an order of the Tribunal. The order did not specify the date when the landlord became aware that the tenants had abandoned pursuant to section 61(2) of the Act.
The landlord performed an inspection on 5 April 2023 and discovered the tenants had left. Calculating a period of 28 days from 5 April 2023 in accordance with section 61(3)(a) means the tenants are liable for rent in lieu of notice to 3 May 2023. I award rent to that date in the sum of $1,903.57.
The landlord provided rent records and water 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.
The tenant did not leave the premises reasonably clean and tidy and did not remove all rubbish, as shown in the exit inspection report. There was a lot of hard rubbish left behind. There was a need for cleaning to the carpets and floors, for example, and inside kitchen and bathroom cupboards.
The tenant did not return the keys. The locks had to be changed to make the property secure. 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.
Where the damage is careless, and occurs after 27 August 2019, section 49B of the Act 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. The damage was discovered at the end of the tenancy.
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 4 weeks' rent. The insurance excess was $1,150.00 with a weekly rent of $580.00.
Where the damage is careless and is not covered by the landlord's insurance, the tenant's liability is limited to 4 weeks' rent.
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.
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.
The lounge carpet was badly stained and had to be replaced ($1,420.00). The landlord said the tenants put red mats on the floor and the colour leached through into the carpet. I find that this was carelessly caused damage. I award the insurance excess ($1,150.00).
There was damage to the walls in the lounge, bedroom 2 and bedroom 3. The damage is more than fair wear and tear. I award the amount claimed for repairs ($419.75). Filing fee
The landlord’s application has been successful. I award the filing fee.

Tenancy Tribunal case 4640590 — Property damage at 85B Dominion Road, Papakura, Papakura 2110

At a glance

Tenancy Tribunal case 4640590 — Property damage at 85B Dominion Road, Papakura, Papakura 2110

At a glance

Award balance

Claims & awards

Order

Reasons

Did the tenant comply with their obligations at the end of the tenancy?

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?

Topics & place

Residential Tenancies Act sections

Key findings

Property management

Frequently asked questions