What was the outcome of Tenancy Tribunal case 4694515?

The tribunal order states: Patrick Wiks Syah must pay Ihome Property Management Limited as agent for

How much money was awarded in case 4694515?

Cleaning: $400.00 awarded to landlord; Eviction Warrant: $220.00 awarded to landlord; Filing Fee: $20.44 awarded to landlord; Lawns and Garden Work: $150.00 awarded to landlord; Property Damage: $1,500.00 awarded to landlord; Rent Arrears: $732.87 awarded to landlord; Rent Arrears: $3,929.01 awarded to landlord; Replace Door: $400.00 awarded to landlord; Replace Locks: $220.00 awarded to landlord; Rubbish Removal: $1,380.00 awarded to landlord; Water Rates: $56.84 awarded to landlord

What type of tenancy dispute was case 4694515?

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

Where can I read the official tribunal order for case 4694515?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/9987086-Tenancy_Tribunal_Order.pdf.

What was the outcome of Tenancy Tribunal case 4694515?

The tribunal order states: Patrick Wiks Syah must pay Ihome Property Management Limited as agent for

How much money was awarded in case 4694515?

Cleaning: $400.00 awarded to landlord; Eviction Warrant: $220.00 awarded to landlord; Filing Fee: $20.44 awarded to landlord; Lawns and Garden Work: $150.00 awarded to landlord; Property Damage: $1,500.00 awarded to landlord; Rent Arrears: $732.87 awarded to landlord; Rent Arrears: $3,929.01 awarded to landlord; Replace Door: $400.00 awarded to landlord; Replace Locks: $220.00 awarded to landlord; Rubbish Removal: $1,380.00 awarded to landlord; Water Rates: $56.84 awarded to landlord

What type of tenancy dispute was case 4694515?

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

Where can I read the official tribunal order for case 4694515?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/9987086-Tenancy_Tribunal_Order.pdf.

31 St Jude Street, Avondale, Auckland 1026 Tenancy Tribunal Case 4694515 — Rent arrears

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31 St Jude Street, Avondale, Auckland 1026 Tenancy Tribunal Case 4694515 — 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 4694515 — net $9,009.16 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears from 1 August 2023 to 9 August 2023 (9 days	$732.87	Rent arrears from 1 August 2023 to 9 August 2023 (9 days
1/07/2023 (balance of rent arrears payable to 31 July 2023 together with filing fee reimbursement following payment of b	$3,929.01	1/07/2023 (balance of rent arrears payable to 31 July 2023 together with filing fee reimbursement following payment of b
Water rates	$56.84	Water rates
Cleaning	$400.00	Cleaning
Lawns and Garden work	$150.00	Lawns and Garden work
Rubbish removal	$1,380.00	Rubbish removal
Repair holes, plaster and paint	$1,500.00	Repair holes, plaster and paint
Replace door	$400.00	Replace door
Replace locks	$220.00	Replace locks
Eviction Warrant	$220.00	Eviction Warrant
Filing fee reimbursement	$20.44	Filing fee reimbursement
Net award	$9,009.16
Total payable by Tenant to Landlord	$9,009.16

Claims and awards for application 4694515 — net $9,009.16 NZD. Verify on MoJ.

Rent arrears from 1 August 2023 to 9 August 2023 (9 days

Amount: $732.87
Awarded to: Landlord
Reason: Rent arrears from 1 August 2023 to 9 August 2023 (9 days

1/07/2023 (balance of rent arrears payable to 31 July 2023 together with filing fee reimbursement following payment of b

Amount: $3,929.01
Awarded to: Landlord
Reason: 1/07/2023 (balance of rent arrears payable to 31 July 2023 together with filing fee reimbursement following payment of b

Water rates

Amount: $56.84
Awarded to: Landlord
Reason: Water rates

Cleaning

Amount: $400.00
Awarded to: Landlord
Reason: Cleaning

Lawns and Garden work

Amount: $150.00
Awarded to: Landlord

Claim types — money lines allowed on this order

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

Order

Patrick Wiks Syah must pay Ihome Property Management Limited as agent for Z & W International Ltd $8,789.16 immediately, calculated as shown in table below:
This order incorporates the Tribunal order made on 31 July 2023 under application 4594692.

Reasons

Only the landlord attended the hearing, represented by Ms Chen. I am satisfied that the tenant had notice of the hearing and so the hearing proceeded in the tenant’s absence..
The landlord has applied for rent arrears, compensation and reimbursement of the filing fee following the end of the tenancy.

How much is owed for rent, water rates and eviction matters?

The tenancy ended by termination order made in the Tribunal order dated 31 July 2023. The tenant did not leave and so an eviction warrant was issued and enforced on 10 August 2023. The landlord claims an additional 9 days of rent (1 to 9 August 2023 being $732.87). The landlord also claims the cost of the eviction warrant and provided a copy of the invoice in the amount of $220.00.
The landlord also provided water rates invoices and a payment summary showing water rates owing of $56.84.
All amounts are 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 leave the premises reasonably clean and tidy, and did not remove all rubbish.
The tenants left without doing any cleaning and left an enormous amount of rubbish. The lawns and outside were very unkempt.
The landlord provided an invoice for cleaning in the amount of $575. As the tenant only needed to leave the property “reasonably clean and tidy” and not spotless and ready for a new tenant to move into, I have ordered the tenant to pay cleaning of $400. I estimate that the balance of the amount claimed was sort of additional cleaning a landlord would then need to do to re-let the property.
The landlord provided an invoice for mowing in the amount of $230. Again, the tenant only needs to leave the outside reasonably clean and tidy. I have ordered compensation of $150 which is what I estimate to be the portion of the invoice to get the lawns and outside to this standard.
The landlord has claimed $1380 for rubbish removal. The tenant left behind a huge amount of rubbish as shown in the photos and I consider the amount claimed to be reasonable.
As an eviction warrant was issued and enforced the landlord has had to change the locks and provided an invoice in the amount of $220 for supplying a new lock and keys to the front door.
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 following damage was caused during the tenancy as demonstrated by pre- inspection photos and inspection photos following the tenancy, and as described by Ms Chen: a. Very large holes in three different walls; and b. Damage to the back door to the extent that it requires replacement.
The damage is clearly intentional.
The landlord sought $5,290 for plastering and painting three bedrooms, one hallway, one guest room and one dining room. There was no other detail provided in the invoice. The holes are very large but I am of the view that the work done goes beyond that necessary to repair the holes, particularly as it appears that a number of rooms and the hallway were painted, not just the walls in question. The holes are very large and would have required substantial repairs, and so in the circumstances I consider the amount of $1500 to be reasonable.
The landlord sought the sum of $690 to replace the back door which was damaged by the tenant when they removed the lock, leaving a large hole. The door was a solid door but very old as this is an old property. Some depreciation is required. I consider that $400 is appropriate compensation.
Because Ihome Property Management Limited as agent For Z & W International Ltd has substantially succeeded with the claim I have reimbursed the filing fee of $20.44.
No orders for suppression were sought.

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 4694515 — net $9,009.16 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears from 1 August 2023 to 9 August 2023 (9 days	$732.87	Rent arrears from 1 August 2023 to 9 August 2023 (9 days
1/07/2023 (balance of rent arrears payable to 31 July 2023 together with filing fee reimbursement following payment of b	$3,929.01	1/07/2023 (balance of rent arrears payable to 31 July 2023 together with filing fee reimbursement following payment of b
Water rates	$56.84	Water rates
Cleaning	$400.00	Cleaning
Lawns and Garden work	$150.00	Lawns and Garden work
Rubbish removal	$1,380.00	Rubbish removal
Repair holes, plaster and paint	$1,500.00	Repair holes, plaster and paint
Replace door	$400.00	Replace door
Replace locks	$220.00	Replace locks
Eviction Warrant	$220.00	Eviction Warrant
Filing fee reimbursement	$20.44	Filing fee reimbursement
Net award	$9,009.16
Total payable by Tenant to Landlord	$9,009.16

Claims and awards for application 4694515 — net $9,009.16 NZD. Verify on MoJ.

Rent arrears from 1 August 2023 to 9 August 2023 (9 days

Amount: $732.87
Awarded to: Landlord
Reason: Rent arrears from 1 August 2023 to 9 August 2023 (9 days

1/07/2023 (balance of rent arrears payable to 31 July 2023 together with filing fee reimbursement following payment of b

Amount: $3,929.01
Awarded to: Landlord
Reason: 1/07/2023 (balance of rent arrears payable to 31 July 2023 together with filing fee reimbursement following payment of b

Water rates

Amount: $56.84
Awarded to: Landlord
Reason: Water rates

Cleaning

Amount: $400.00
Awarded to: Landlord
Reason: Cleaning

Lawns and Garden work

Amount: $150.00
Awarded to: Landlord

Claim types — money lines allowed on this order

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

Order

Patrick Wiks Syah must pay Ihome Property Management Limited as agent for Z & W International Ltd $8,789.16 immediately, calculated as shown in table below:
This order incorporates the Tribunal order made on 31 July 2023 under application 4594692.

Reasons

Only the landlord attended the hearing, represented by Ms Chen. I am satisfied that the tenant had notice of the hearing and so the hearing proceeded in the tenant’s absence..
The landlord has applied for rent arrears, compensation and reimbursement of the filing fee following the end of the tenancy.

How much is owed for rent, water rates and eviction matters?

The tenancy ended by termination order made in the Tribunal order dated 31 July 2023. The tenant did not leave and so an eviction warrant was issued and enforced on 10 August 2023. The landlord claims an additional 9 days of rent (1 to 9 August 2023 being $732.87). The landlord also claims the cost of the eviction warrant and provided a copy of the invoice in the amount of $220.00.
The landlord also provided water rates invoices and a payment summary showing water rates owing of $56.84.
All amounts are 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 leave the premises reasonably clean and tidy, and did not remove all rubbish.
The tenants left without doing any cleaning and left an enormous amount of rubbish. The lawns and outside were very unkempt.
The landlord provided an invoice for cleaning in the amount of $575. As the tenant only needed to leave the property “reasonably clean and tidy” and not spotless and ready for a new tenant to move into, I have ordered the tenant to pay cleaning of $400. I estimate that the balance of the amount claimed was sort of additional cleaning a landlord would then need to do to re-let the property.
The landlord provided an invoice for mowing in the amount of $230. Again, the tenant only needs to leave the outside reasonably clean and tidy. I have ordered compensation of $150 which is what I estimate to be the portion of the invoice to get the lawns and outside to this standard.
The landlord has claimed $1380 for rubbish removal. The tenant left behind a huge amount of rubbish as shown in the photos and I consider the amount claimed to be reasonable.
As an eviction warrant was issued and enforced the landlord has had to change the locks and provided an invoice in the amount of $220 for supplying a new lock and keys to the front door.
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 following damage was caused during the tenancy as demonstrated by pre- inspection photos and inspection photos following the tenancy, and as described by Ms Chen: a. Very large holes in three different walls; and b. Damage to the back door to the extent that it requires replacement.
The damage is clearly intentional.
The landlord sought $5,290 for plastering and painting three bedrooms, one hallway, one guest room and one dining room. There was no other detail provided in the invoice. The holes are very large but I am of the view that the work done goes beyond that necessary to repair the holes, particularly as it appears that a number of rooms and the hallway were painted, not just the walls in question. The holes are very large and would have required substantial repairs, and so in the circumstances I consider the amount of $1500 to be reasonable.
The landlord sought the sum of $690 to replace the back door which was damaged by the tenant when they removed the lock, leaving a large hole. The door was a solid door but very old as this is an old property. Some depreciation is required. I consider that $400 is appropriate compensation.
Because Ihome Property Management Limited as agent For Z & W International Ltd has substantially succeeded with the claim I have reimbursed the filing fee of $20.44.
No orders for suppression were sought.

Tenancy Tribunal case 4694515 — Rent arrears at 31 St Jude Street, Avondale, Auckland 1026

At a glance

Tenancy Tribunal case 4694515 — Rent arrears at 31 St Jude Street, Avondale, Auckland 1026

At a glance

Award balance

Claims & awards

Order

Reasons

How much is owed for rent, water rates and eviction matters?

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, water rates and eviction matters?

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