What was the outcome of Tenancy Tribunal case 4648089?

The tribunal order states: Roselise Edmonds must pay Point Property Portfolio Management Limited the

How much money was awarded in case 4648089?

Cleaning: $414.00 awarded to landlord; Filing Fee: $20.44 awarded to landlord; Flea Treatments: $430.00 awarded to landlord; Lawns and Garden Work: $1,092.50 awarded to landlord; Property Damage: $450.00 awarded to landlord; Property Damage: $184.70 awarded to landlord; Property Damage: $17.50 awarded to landlord; Rent Arrears: $814.29 awarded to landlord; Water Rates: $159.73 awarded to landlord

What type of tenancy dispute was case 4648089?

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

Where can I read the official tribunal order for case 4648089?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/10010804-Tenancy_Tribunal_Order.pdf.

What was the outcome of Tenancy Tribunal case 4648089?

The tribunal order states: Roselise Edmonds must pay Point Property Portfolio Management Limited the

How much money was awarded in case 4648089?

Cleaning: $414.00 awarded to landlord; Filing Fee: $20.44 awarded to landlord; Flea Treatments: $430.00 awarded to landlord; Lawns and Garden Work: $1,092.50 awarded to landlord; Property Damage: $450.00 awarded to landlord; Property Damage: $184.70 awarded to landlord; Property Damage: $17.50 awarded to landlord; Rent Arrears: $814.29 awarded to landlord; Water Rates: $159.73 awarded to landlord

What type of tenancy dispute was case 4648089?

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

Where can I read the official tribunal order for case 4648089?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/10010804-Tenancy_Tribunal_Order.pdf.

12A Midgley Road, West Harbour, Auckland 0618 Tenancy Tribunal Case 4648089 — Rent arrears

Tenantcheck Insights

Loading insights…

Pulling tribunal records

Loading insights…

Pulling tribunal records

12A Midgley Road, West Harbour, Auckland 0618 Tenancy Tribunal Case 4648089 — 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 4648089 — net $983.16 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears as of end of tenancy	$814.29	Rent arrears as of end of tenancy
Water rates	$159.73	Water rates
Lawns and Garden work	$1,092.50	Lawns and Garden work
Cleaning	$414.00	Cleaning
Paint repair / Shower caddy	$450.00	Paint repair / Shower caddy
Lock/key replacement	$184.70	Lock/key replacement
Oven knob replacement	$17.50	Oven knob replacement
Flea treatments	$430.00	Flea treatments
Filing fee reimbursement	$20.44	Filing fee reimbursement
Net award	$983.16
Total payable by Tenant to Landlord	$983.16

Claims and awards for application 4648089 — net $983.16 NZD. Verify on MoJ.

Rent arrears as of end of tenancy

Amount: $814.29
Awarded to: Landlord
Reason: Rent arrears as of end of tenancy

Water rates

Amount: $159.73
Awarded to: Landlord
Reason: Water rates

Lawns and Garden work

Amount: $1,092.50
Awarded to: Landlord
Reason: Lawns and Garden work

Cleaning

Amount: $414.00
Awarded to: Landlord
Reason: Cleaning

Paint repair / Shower caddy

Amount: $450.00
Awarded to: Landlord
Reason: Paint repair / Shower caddy

Claim types — money lines allowed on this order

Cleanliness Filing Fee Lawns And Garden Work Property damage Rent arrears Water Rates

Order

Roselise Edmonds must pay Point Property Portfolio Management Limited the sum of $983.16 immediately, calculated as shown in table below:
The Bond Centre is to pay the bond of $2,600.00 (3557181-008) to Point Property Portfolio Management Limited immediately. DescriptionLandlord Rent arrears as of end of tenancy$814.29 Water rates$159.73 Lawns and Garden work$1,092.50 Cleaning$414.00 Carpet Cleaning$0.00 Paint repair / Shower caddy$450.00 Lock/key replacement$184.70 Oven knob replacement$17.50 Flea treatments$430.00 Filing fee reimbursement$20.44 Total award$3,583.16 Minus bond-$2,600.00 Total payable by Tenant to Landlord$983.16

Reasons

The Tribunal must consider an application filed by the landlord.
Both parties appeared at the hearing today.

BACKGROUND

The parties entered into a fixed term tenancy commencing on 19 February 2022, ending on 18 February 2023. The landlord is Point Property Portfolio Management Limited, and the two original co-tenants Charles William Cas and Roselise Edmonds.
Mr Cas left the tenancy in August 2022, and Ms Edmond’s took over as the sole tenant from then.
A dispute around these premises has previously been to the Tribunal. I note an earlier order of the Tribunal which ordered the tenant to pay rent arrears and water rates, and the adjudicator records that the parties agreed the tenancy would end on 10 July 2023 - a consent order was made to that extent.
Ms Edmonds vacated the premises on 10 July 2023 as she was required to do. Unfortunately there were flatmates in the premises who did not leave then as they were required to do, they only left about a week later.
A hearing was convened today in Waitakere to consider the landlords application. In attendance was Ms Mulhern for the landlord, and Ms Edmonds.

RELEVANT LEGAL CONSIDERATIONS

The relevant law that applies is found in the Residential Tenancies Act 1986 (“RTA”).
With any claim before the Tenancy Tribunal, the Tribunal applies the usual civil law standards and expectations.
That includes a requirement that the party bringing the claim (the applicant), establish their claims “on the balance of probabilities”. The balance of probabilities means more likely than un-likely, or in mathematical terms, has a fractionally more than 50% likelihood. The Tribunal does not need to be certain or very sure about any claim, only that what is claimed is likely.
This obligation carried by the applicant is referred to as the “burden of proof”. Independent witnesses, corroborating documents and photographs are an important part of discharging this burden.

RENT AND WATER ARREARS

The landlord has applied for an order that the tenant pay rent arrears to the to 10 July 2023, to the sum of $814.29. The tenant does not dispute that this amount is owed, so it is ordered by consent.
The landlord also claims $159.73 for water charges. The tenant does not dispute this claim so it is also ordered by consent.

CLEANING AND RUBBISH REMOVAL AND LAWNS

The landlord has claimed $1,092.50 for rubbish removal, dump charges and lawn mowing. There are separate claims for $414.00 for internal cleaning, and $430 for two lots of flea treatment.
The tenant only disputes the claim for lawn mowing, stating that the laws were tidy as she had a lawn mower and did this work herself. Analysis
The Residential Tenancies Act 1986 (RTA) requires that the landlord provide the premises to the tenant at the start of the tenancy in a reasonable state of cleanliness (s45(1)(a)), and there is an equivalent obligation on the tenant to return the premises: ...in a reasonably clean and reasonably tidy condition, and remove or arrange for the removal from the premises of all rubbish.
It is important to note that the RTA does not require the premises to be provided / returned in an immaculate condition, only in a reasonably clean and tidy state.
The tenant does not dispute the rubbish removal dumping charges, cleaning cost or flea treatment, but does dispute the lawn charge. Having reviewed the photographs of the lawns taken on 18 July, I am entirely satisfied that the lawns were not reasonably tidy. In my assessment the lawns had not been mowed for some weeks given the length of the growth. I order the tenant to pay the full amount of theseinvoiced claims.

COMPENSATION

REPAIRS

The landlord has claimed $590.00 for repairs comprising: a. Paint repairs $350.00 b. Secure kitchen cabinet door $10.00 c. Replacement 3 light bulbs $30.00 d. Replace heat lamp $30.00 e. Replace led light in bathroom $20.00 f. Install toilet paper holder $50.00 g. Install shower caddy $100.00
The invoice included a door stop replacement of $20.00. The landlord withdrew that claim.
The landlord has also claimed for damage to the tiled kitchen floor, being the excess of $550.00. Analysis
With any claim for compensation, to receive an order the party must incur a loss. In short the compensation is intended as best money can do, to compensate for the actual loss incurred.
Where a landlord claims compensation for damage caused by a tenant, the landlord must firstly prove the damage 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 caused carelessly, the tenant's liability is limited to the lesser of the insurance excess or four 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. See the High Court decision of Guo v Korck [2019] NZHC 1541.
In relation to these claims: a. The tenant does not dispute the painting claim. b. The landlords representative accepts she cannot prove the door securing cost was not maintenance, so the landlord has not established that claim. c. In relation to the lights (and heat lamp), the tenant states that these lights were not working at the start of the tenancy. On balance I have no reason not to accept the tenants evidence that these items were not working at the start of the tenancy. d. In relation to the toilet roll holder, the landlord has not convinced me that this is not a maintenance issue. I accept the tenants evidence that this item was not broken, but just needed the centre piece to be reinstalled. e. In relation to the shower caddy the tenant agrees that she took the caddy off the wall, it was not returned at the end of the tenancy. I find the tenant is liable for the replacement of this item.
The landlord has claimed $550.00 for the insurance excess that would be incurred with the repair of cracked floor tiles. This work has yet to occur. As I explained to Ms Mulhern this afternoon, I decline to make this order, because at this time the landlord has not incurred any loss. If the landlord pays for a repair of the tiles, then the landlord may have a claim and then the Tribunal would consider it. But it is also relevant to note that the tenant considers the tiles were cracked at the start of the tenancy. There may be some support for that in the landlords photographs (for one crack anyway). However that will need to be a matter for another day.
The above means the tenant is liable for the paint work and shower caddy replacement only.

MISSING CHATTELS

The landlord has claimed $17.50 for a replacement of a knob for the oven.
The tenant does not dispute this claim.
Section 40 of the RTA sets out the tenants responsibilities, and that includes that at the end of the tenancy the tenant must “leave in or at the premises all other chattels provided by the landlord for use of the tenant”.
This claim is ordered in full.

LOCK AND KEY REPLACEMENT

The landlord states that the keys were not returned at the end of the tenancy. The Locksmith work needed to replace the locks and keys was $184.70. The tenant accepts she is liable for this amount.
Again section 40 of the RTA sets out the tenants responsibilities, and that includes that at the end of the tenancy the tenant must “return to the landlord all keys, and security or pass cards or other such devices, provided by the landlord for use of the tenant”.
This claim is established and ordered in full.

FILING FEE

Because the applicant has been wholly successful in their application, I must award the filing paid to commence the proceeding in the Tribunal, which is $20.44.

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 4648089 — net $983.16 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears as of end of tenancy	$814.29	Rent arrears as of end of tenancy
Water rates	$159.73	Water rates
Lawns and Garden work	$1,092.50	Lawns and Garden work
Cleaning	$414.00	Cleaning
Paint repair / Shower caddy	$450.00	Paint repair / Shower caddy
Lock/key replacement	$184.70	Lock/key replacement
Oven knob replacement	$17.50	Oven knob replacement
Flea treatments	$430.00	Flea treatments
Filing fee reimbursement	$20.44	Filing fee reimbursement
Net award	$983.16
Total payable by Tenant to Landlord	$983.16

Claims and awards for application 4648089 — net $983.16 NZD. Verify on MoJ.

Rent arrears as of end of tenancy

Amount: $814.29
Awarded to: Landlord
Reason: Rent arrears as of end of tenancy

Water rates

Amount: $159.73
Awarded to: Landlord
Reason: Water rates

Lawns and Garden work

Amount: $1,092.50
Awarded to: Landlord
Reason: Lawns and Garden work

Cleaning

Amount: $414.00
Awarded to: Landlord
Reason: Cleaning

Paint repair / Shower caddy

Amount: $450.00
Awarded to: Landlord
Reason: Paint repair / Shower caddy

Claim types — money lines allowed on this order

Cleanliness Filing Fee Lawns And Garden Work Property damage Rent arrears Water Rates

Order

Roselise Edmonds must pay Point Property Portfolio Management Limited the sum of $983.16 immediately, calculated as shown in table below:
The Bond Centre is to pay the bond of $2,600.00 (3557181-008) to Point Property Portfolio Management Limited immediately. DescriptionLandlord Rent arrears as of end of tenancy$814.29 Water rates$159.73 Lawns and Garden work$1,092.50 Cleaning$414.00 Carpet Cleaning$0.00 Paint repair / Shower caddy$450.00 Lock/key replacement$184.70 Oven knob replacement$17.50 Flea treatments$430.00 Filing fee reimbursement$20.44 Total award$3,583.16 Minus bond-$2,600.00 Total payable by Tenant to Landlord$983.16

Reasons

The Tribunal must consider an application filed by the landlord.
Both parties appeared at the hearing today.

BACKGROUND

The parties entered into a fixed term tenancy commencing on 19 February 2022, ending on 18 February 2023. The landlord is Point Property Portfolio Management Limited, and the two original co-tenants Charles William Cas and Roselise Edmonds.
Mr Cas left the tenancy in August 2022, and Ms Edmond’s took over as the sole tenant from then.
A dispute around these premises has previously been to the Tribunal. I note an earlier order of the Tribunal which ordered the tenant to pay rent arrears and water rates, and the adjudicator records that the parties agreed the tenancy would end on 10 July 2023 - a consent order was made to that extent.
Ms Edmonds vacated the premises on 10 July 2023 as she was required to do. Unfortunately there were flatmates in the premises who did not leave then as they were required to do, they only left about a week later.
A hearing was convened today in Waitakere to consider the landlords application. In attendance was Ms Mulhern for the landlord, and Ms Edmonds.

RELEVANT LEGAL CONSIDERATIONS

The relevant law that applies is found in the Residential Tenancies Act 1986 (“RTA”).
With any claim before the Tenancy Tribunal, the Tribunal applies the usual civil law standards and expectations.
That includes a requirement that the party bringing the claim (the applicant), establish their claims “on the balance of probabilities”. The balance of probabilities means more likely than un-likely, or in mathematical terms, has a fractionally more than 50% likelihood. The Tribunal does not need to be certain or very sure about any claim, only that what is claimed is likely.
This obligation carried by the applicant is referred to as the “burden of proof”. Independent witnesses, corroborating documents and photographs are an important part of discharging this burden.

RENT AND WATER ARREARS

The landlord has applied for an order that the tenant pay rent arrears to the to 10 July 2023, to the sum of $814.29. The tenant does not dispute that this amount is owed, so it is ordered by consent.
The landlord also claims $159.73 for water charges. The tenant does not dispute this claim so it is also ordered by consent.

CLEANING AND RUBBISH REMOVAL AND LAWNS

The landlord has claimed $1,092.50 for rubbish removal, dump charges and lawn mowing. There are separate claims for $414.00 for internal cleaning, and $430 for two lots of flea treatment.
The tenant only disputes the claim for lawn mowing, stating that the laws were tidy as she had a lawn mower and did this work herself. Analysis
The Residential Tenancies Act 1986 (RTA) requires that the landlord provide the premises to the tenant at the start of the tenancy in a reasonable state of cleanliness (s45(1)(a)), and there is an equivalent obligation on the tenant to return the premises: ...in a reasonably clean and reasonably tidy condition, and remove or arrange for the removal from the premises of all rubbish.
It is important to note that the RTA does not require the premises to be provided / returned in an immaculate condition, only in a reasonably clean and tidy state.
The tenant does not dispute the rubbish removal dumping charges, cleaning cost or flea treatment, but does dispute the lawn charge. Having reviewed the photographs of the lawns taken on 18 July, I am entirely satisfied that the lawns were not reasonably tidy. In my assessment the lawns had not been mowed for some weeks given the length of the growth. I order the tenant to pay the full amount of theseinvoiced claims.

COMPENSATION

REPAIRS

The landlord has claimed $590.00 for repairs comprising: a. Paint repairs $350.00 b. Secure kitchen cabinet door $10.00 c. Replacement 3 light bulbs $30.00 d. Replace heat lamp $30.00 e. Replace led light in bathroom $20.00 f. Install toilet paper holder $50.00 g. Install shower caddy $100.00
The invoice included a door stop replacement of $20.00. The landlord withdrew that claim.
The landlord has also claimed for damage to the tiled kitchen floor, being the excess of $550.00. Analysis
With any claim for compensation, to receive an order the party must incur a loss. In short the compensation is intended as best money can do, to compensate for the actual loss incurred.
Where a landlord claims compensation for damage caused by a tenant, the landlord must firstly prove the damage 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 caused carelessly, the tenant's liability is limited to the lesser of the insurance excess or four 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. See the High Court decision of Guo v Korck [2019] NZHC 1541.
In relation to these claims: a. The tenant does not dispute the painting claim. b. The landlords representative accepts she cannot prove the door securing cost was not maintenance, so the landlord has not established that claim. c. In relation to the lights (and heat lamp), the tenant states that these lights were not working at the start of the tenancy. On balance I have no reason not to accept the tenants evidence that these items were not working at the start of the tenancy. d. In relation to the toilet roll holder, the landlord has not convinced me that this is not a maintenance issue. I accept the tenants evidence that this item was not broken, but just needed the centre piece to be reinstalled. e. In relation to the shower caddy the tenant agrees that she took the caddy off the wall, it was not returned at the end of the tenancy. I find the tenant is liable for the replacement of this item.
The landlord has claimed $550.00 for the insurance excess that would be incurred with the repair of cracked floor tiles. This work has yet to occur. As I explained to Ms Mulhern this afternoon, I decline to make this order, because at this time the landlord has not incurred any loss. If the landlord pays for a repair of the tiles, then the landlord may have a claim and then the Tribunal would consider it. But it is also relevant to note that the tenant considers the tiles were cracked at the start of the tenancy. There may be some support for that in the landlords photographs (for one crack anyway). However that will need to be a matter for another day.
The above means the tenant is liable for the paint work and shower caddy replacement only.

MISSING CHATTELS

The landlord has claimed $17.50 for a replacement of a knob for the oven.
The tenant does not dispute this claim.
Section 40 of the RTA sets out the tenants responsibilities, and that includes that at the end of the tenancy the tenant must “leave in or at the premises all other chattels provided by the landlord for use of the tenant”.
This claim is ordered in full.

LOCK AND KEY REPLACEMENT

The landlord states that the keys were not returned at the end of the tenancy. The Locksmith work needed to replace the locks and keys was $184.70. The tenant accepts she is liable for this amount.
Again section 40 of the RTA sets out the tenants responsibilities, and that includes that at the end of the tenancy the tenant must “return to the landlord all keys, and security or pass cards or other such devices, provided by the landlord for use of the tenant”.
This claim is established and ordered in full.

FILING FEE

Because the applicant has been wholly successful in their application, I must award the filing paid to commence the proceeding in the Tribunal, which is $20.44.

Tenancy Tribunal case 4648089 — Rent arrears at 12A Midgley Road, West Harbour, Auckland 0618

At a glance

Tenancy Tribunal case 4648089 — Rent arrears at 12A Midgley Road, West Harbour, Auckland 0618

At a glance

Award balance

Claims & awards

Order

Reasons

BACKGROUND

RELEVANT LEGAL CONSIDERATIONS

RENT AND WATER ARREARS

CLEANING AND RUBBISH REMOVAL AND LAWNS

COMPENSATION

REPAIRS

MISSING CHATTELS

LOCK AND KEY REPLACEMENT

FILING FEE

Topics & place

Residential Tenancies Act sections

Key findings

Property management

Frequently asked questions

Award balance

Claims & awards

Order

Reasons

BACKGROUND

RELEVANT LEGAL CONSIDERATIONS

RENT AND WATER ARREARS

CLEANING AND RUBBISH REMOVAL AND LAWNS

COMPENSATION

REPAIRS

MISSING CHATTELS

LOCK AND KEY REPLACEMENT

FILING FEE

Topics & place

Residential Tenancies Act sections

Key findings

Property management

Frequently asked questions