What was the outcome of Tenancy Tribunal case 4669690?

The tribunal order states: Alazhay Epiha must pay Golden Spring Group Limited - As Agent For Z Sky

How much money was awarded in case 4669690?

Cleaning: $440.00 awarded to landlord; Filing Fee: $20.44 awarded to landlord; Lawn Mowing: $100.00 awarded to landlord; Property Damage: $115.00 awarded to landlord; Property Damage: $135.00 awarded to landlord; Rent Arrears: $740.00 awarded to landlord; Skip Bin: $350.00 awarded to landlord; Water Rates: $215.83 awarded to landlord

What type of tenancy dispute was case 4669690?

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

Where can I read the official tribunal order for case 4669690?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/9679679-Tenancy_Tribunal_Order.pdf.

What was the outcome of Tenancy Tribunal case 4669690?

The tribunal order states: Alazhay Epiha must pay Golden Spring Group Limited - As Agent For Z Sky

How much money was awarded in case 4669690?

Cleaning: $440.00 awarded to landlord; Filing Fee: $20.44 awarded to landlord; Lawn Mowing: $100.00 awarded to landlord; Property Damage: $115.00 awarded to landlord; Property Damage: $135.00 awarded to landlord; Rent Arrears: $740.00 awarded to landlord; Skip Bin: $350.00 awarded to landlord; Water Rates: $215.83 awarded to landlord

What type of tenancy dispute was case 4669690?

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

Where can I read the official tribunal order for case 4669690?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/9679679-Tenancy_Tribunal_Order.pdf.

2A Henwood Road, Mangere East, Auckland 2024 Tenancy Tribunal Case 4669690 — Rent arrears

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2A Henwood Road, Mangere East, Auckland 2024 Tenancy Tribunal Case 4669690 — 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 4669690 — net $636.27 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears to 17 August 2023	$740.00	Rent arrears to 17 August 2023
Water rates	$215.83	Water rates
Fix damaged carpet	$115.00	Fix damaged carpet
Skip bin	$350.00	Skip bin
Lawn mowing	$100.00	Lawn mowing
Lock/key replacement	$135.00	Lock/key replacement
Cleaning & rubbish dumping	$440.00	Cleaning & rubbish dumping
Filing fee reimbursement	$20.44	Filing fee reimbursement
Net award	$636.27
Total payable by Tenant to Landlord	$636.27

Claims and awards for application 4669690 — net $636.27 NZD. Verify on MoJ.

Rent arrears to 17 August 2023

Amount: $740.00
Awarded to: Landlord
Reason: Rent arrears to 17 August 2023

Water rates

Amount: $215.83
Awarded to: Landlord
Reason: Water rates

Fix damaged carpet

Amount: $115.00
Awarded to: Landlord
Reason: Fix damaged carpet

Skip bin

Amount: $350.00
Awarded to: Landlord
Reason: Skip bin

Lawn mowing

Amount: $100.00
Awarded to: Landlord
Reason: Lawn mowing

Lock/key replacement

Claim types — money lines allowed on this order

Cleanliness Filing Fee Property damage Rent arrears Water Rates

Order

Alazhay Epiha must pay Golden Spring Group Limited - As Agent For Z Sky Investments Ltd $636.27 immediately, calculated as shown in the table below.
The Bond Centre is to pay the bond of $1,480.00 (5906282-005) to Golden Spring Group Limited - As Agent For Z Sky Investments Ltd immediately.

Reasons

The agent for the landlord attended the hearing. The other party did not attend. The absence of a party does not prevent the hearing from proceeding.
The landlord has applied for rent arrears, unpaid water charges, compensation, refund of the bond, and reimbursement of the filing fee following the end of the tenancy.

How much is owed for rent and water rates?

The tenancy ended on 17 August 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 landlord has proven on the evidence that the tenant did not leave the premises reasonably clean and tidy, did not remove all rubbish and did not return the keys.
The landlord relied on the ingoing property inspection report, photographs taken at the end of the tenancy and invoices.
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.
Where the damage is careless, and occurs after 27 August 2019, section 49B RTA 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.
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 four weeks' rent (or four weeks' market rent in the case of a tenant paying income-related rent). See section 49B(3)(a) RTA.
Where the damage is careless and is not covered by the landlord's insurance, the tenant's liability is limited to four weeks' rent (or market rent). See section 49B(3)(b) RTA. Where insurance money is irrecoverable because of the tenant's conduct, the property is treated as if it is not insured against the damage. See section 49B(3A)(a) 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 carpet was damaged during the tenancy. The damage is more than fair wear and tear, and the tenant has not disproved liability for the damage.
The landlord relied on the ingoing property inspection report, photographs taken at the end of the tenancy and an invoice for the carpet repair.
The amount ordered is proved.
I have taken into account betterment and depreciation. The landlord should be returned to the position they would have been in had the tenant not breached their obligations, and should not be better or worse off. In calculating depreciation, I have taken into account the age and condition of the items at the start of the tenancy and their likely useful lifespan.
As the landlord has wholly succeeded with the claim, I must order the other party to reimburse the filing fee.

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 4669690 — net $636.27 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears to 17 August 2023	$740.00	Rent arrears to 17 August 2023
Water rates	$215.83	Water rates
Fix damaged carpet	$115.00	Fix damaged carpet
Skip bin	$350.00	Skip bin
Lawn mowing	$100.00	Lawn mowing
Lock/key replacement	$135.00	Lock/key replacement
Cleaning & rubbish dumping	$440.00	Cleaning & rubbish dumping
Filing fee reimbursement	$20.44	Filing fee reimbursement
Net award	$636.27
Total payable by Tenant to Landlord	$636.27

Claims and awards for application 4669690 — net $636.27 NZD. Verify on MoJ.

Rent arrears to 17 August 2023

Amount: $740.00
Awarded to: Landlord
Reason: Rent arrears to 17 August 2023

Water rates

Amount: $215.83
Awarded to: Landlord
Reason: Water rates

Fix damaged carpet

Amount: $115.00
Awarded to: Landlord
Reason: Fix damaged carpet

Skip bin

Amount: $350.00
Awarded to: Landlord
Reason: Skip bin

Lawn mowing

Amount: $100.00
Awarded to: Landlord
Reason: Lawn mowing

Lock/key replacement

Claim types — money lines allowed on this order

Cleanliness Filing Fee Property damage Rent arrears Water Rates

Order

Alazhay Epiha must pay Golden Spring Group Limited - As Agent For Z Sky Investments Ltd $636.27 immediately, calculated as shown in the table below.
The Bond Centre is to pay the bond of $1,480.00 (5906282-005) to Golden Spring Group Limited - As Agent For Z Sky Investments Ltd immediately.

Reasons

The agent for the landlord attended the hearing. The other party did not attend. The absence of a party does not prevent the hearing from proceeding.
The landlord has applied for rent arrears, unpaid water charges, compensation, refund of the bond, and reimbursement of the filing fee following the end of the tenancy.

How much is owed for rent and water rates?

The tenancy ended on 17 August 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 landlord has proven on the evidence that the tenant did not leave the premises reasonably clean and tidy, did not remove all rubbish and did not return the keys.
The landlord relied on the ingoing property inspection report, photographs taken at the end of the tenancy and invoices.
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.
Where the damage is careless, and occurs after 27 August 2019, section 49B RTA 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.
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 four weeks' rent (or four weeks' market rent in the case of a tenant paying income-related rent). See section 49B(3)(a) RTA.
Where the damage is careless and is not covered by the landlord's insurance, the tenant's liability is limited to four weeks' rent (or market rent). See section 49B(3)(b) RTA. Where insurance money is irrecoverable because of the tenant's conduct, the property is treated as if it is not insured against the damage. See section 49B(3A)(a) 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 carpet was damaged during the tenancy. The damage is more than fair wear and tear, and the tenant has not disproved liability for the damage.
The landlord relied on the ingoing property inspection report, photographs taken at the end of the tenancy and an invoice for the carpet repair.
The amount ordered is proved.
I have taken into account betterment and depreciation. The landlord should be returned to the position they would have been in had the tenant not breached their obligations, and should not be better or worse off. In calculating depreciation, I have taken into account the age and condition of the items at the start of the tenancy and their likely useful lifespan.
As the landlord has wholly succeeded with the claim, I must order the other party to reimburse the filing fee.

Tenancy Tribunal case 4669690 — Rent arrears at 2A Henwood Road, Mangere East, Auckland 2024

At a glance

Tenancy Tribunal case 4669690 — Rent arrears at 2A Henwood Road, Mangere East, Auckland 2024

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