What was the outcome of Tenancy Tribunal case 4707471?

The tribunal order states: Nasya Isaacs Ngarangione Burton must pay McDowell Property Management

How much money was awarded in case 4707471?

Rubbish Removal: $2,500.00 awarded to landlord; Filing Fee: $20.44 awarded to landlord; Property Damage: $193.00 awarded to landlord; Rent Arrears: $3,044.70 awarded to landlord; Walls, Door And Window Handles: $1,639.33 awarded to landlord

What type of tenancy dispute was case 4707471?

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

Where can I read the official tribunal order for case 4707471?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/9925967-Tribunal_Order.pdf.

What was the outcome of Tenancy Tribunal case 4707471?

The tribunal order states: Nasya Isaacs Ngarangione Burton must pay McDowell Property Management

How much money was awarded in case 4707471?

Rubbish Removal: $2,500.00 awarded to landlord; Filing Fee: $20.44 awarded to landlord; Property Damage: $193.00 awarded to landlord; Rent Arrears: $3,044.70 awarded to landlord; Walls, Door And Window Handles: $1,639.33 awarded to landlord

What type of tenancy dispute was case 4707471?

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

Where can I read the official tribunal order for case 4707471?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/9925967-Tribunal_Order.pdf.

4 Wing Place, Fordlands, Rotorua 3015 Tenancy Tribunal Case 4707471 — Rent arrears

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4 Wing Place, Fordlands, Rotorua 3015 Tenancy Tribunal Case 4707471 — 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 4707471 — net $5,437.47 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears (to 6 November 2023	$3,044.70	Rent arrears (to 6 November 2023
Cleaning: and Rubbish Removal	$2,500.00	Cleaning: and Rubbish Removal
Repairs: Walls, Door and Window Handles	$1,639.33	Repairs: Walls, Door and Window Handles
Lock/key replacement	$193.00	Lock/key replacement
Filing fee reimbursement	$20.44	Filing fee reimbursement
Net award	$5,437.47
Total payable by Tenant to Landlord	$5,437.47

Claims and awards for application 4707471 — net $5,437.47 NZD. Verify on MoJ.

Rent arrears (to 6 November 2023

Amount: $3,044.70
Awarded to: Landlord
Reason: Rent arrears (to 6 November 2023

Cleaning: and Rubbish Removal

Amount: $2,500.00
Awarded to: Landlord
Reason: Cleaning: and Rubbish Removal

Repairs: Walls, Door and Window Handles

Amount: $1,639.33
Awarded to: Landlord
Reason: Repairs: Walls, Door and Window Handles

Lock/key replacement

Amount: $193.00
Awarded to: Landlord
Reason: Lock/key replacement

Filing fee reimbursement

Amount: $20.44
Awarded to: Landlord
Reason: Filing fee reimbursement

Claim types — money lines allowed on this order

Rubbish Removal Filing Fee Property damage Rent arrears

Order

Nasya Isaacs Ngarangione Burton must pay McDowell Property Management Limited As Agent For Bao Trinh & Phuc Thien Tran $5,437.47 immediately, calculated as shown in table below. DescriptionLandlord Rent arrears (to 6 November 2023)$3,044.70 Cleaning: and Rubbish Removal$2,500.00 Repairs: Walls, Door and Window Handles$1,639.33 Lock/key replacement$193.00 Filing fee reimbursement$20.44 Total award$7,397.47 Bond$1,960.00 Total payable by Tenant to Landlord$5,437.47
The Bond Centre is to pay the bond of $1,960.00 (3560841-024) to McDowell Property Management Limited As Agent For Bao Trinh & Phuc Thien Tran immediately.

Reasons

The landlord attended the hearing which was held by telephone.
The tenant did not attend. I called the tenant three times on the contact number provided in the application, but the calls were not answered.
The landlord has applied for rent arrears, compensation, refund of the bond, and reimbursement of the filing fee following the end of the tenancy.

How much is owed for rent?

The tenancy ended on 6 November 2023. The landlord provided rent records and which prove the amount of $3,044.70 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 tenant did not leave the premises reasonably clean and tidy and did not remove all rubbish. The tenant did not return the keys. The landlord provided photographs and receipts in support of its claims. 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.
Walls, doors and window latches were 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 provided photographs and receipts in support of its claims. The amounts ordered are proved.
As the landlord was the successful party, I have also ordered reimbursement of 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 4707471 — net $5,437.47 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears (to 6 November 2023	$3,044.70	Rent arrears (to 6 November 2023
Cleaning: and Rubbish Removal	$2,500.00	Cleaning: and Rubbish Removal
Repairs: Walls, Door and Window Handles	$1,639.33	Repairs: Walls, Door and Window Handles
Lock/key replacement	$193.00	Lock/key replacement
Filing fee reimbursement	$20.44	Filing fee reimbursement
Net award	$5,437.47
Total payable by Tenant to Landlord	$5,437.47

Claims and awards for application 4707471 — net $5,437.47 NZD. Verify on MoJ.

Rent arrears (to 6 November 2023

Amount: $3,044.70
Awarded to: Landlord
Reason: Rent arrears (to 6 November 2023

Cleaning: and Rubbish Removal

Amount: $2,500.00
Awarded to: Landlord
Reason: Cleaning: and Rubbish Removal

Repairs: Walls, Door and Window Handles

Amount: $1,639.33
Awarded to: Landlord
Reason: Repairs: Walls, Door and Window Handles

Lock/key replacement

Amount: $193.00
Awarded to: Landlord
Reason: Lock/key replacement

Filing fee reimbursement

Amount: $20.44
Awarded to: Landlord
Reason: Filing fee reimbursement

Claim types — money lines allowed on this order

Rubbish Removal Filing Fee Property damage Rent arrears

Order

Nasya Isaacs Ngarangione Burton must pay McDowell Property Management Limited As Agent For Bao Trinh & Phuc Thien Tran $5,437.47 immediately, calculated as shown in table below. DescriptionLandlord Rent arrears (to 6 November 2023)$3,044.70 Cleaning: and Rubbish Removal$2,500.00 Repairs: Walls, Door and Window Handles$1,639.33 Lock/key replacement$193.00 Filing fee reimbursement$20.44 Total award$7,397.47 Bond$1,960.00 Total payable by Tenant to Landlord$5,437.47
The Bond Centre is to pay the bond of $1,960.00 (3560841-024) to McDowell Property Management Limited As Agent For Bao Trinh & Phuc Thien Tran immediately.

Reasons

The landlord attended the hearing which was held by telephone.
The tenant did not attend. I called the tenant three times on the contact number provided in the application, but the calls were not answered.
The landlord has applied for rent arrears, compensation, refund of the bond, and reimbursement of the filing fee following the end of the tenancy.

How much is owed for rent?

The tenancy ended on 6 November 2023. The landlord provided rent records and which prove the amount of $3,044.70 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 tenant did not leave the premises reasonably clean and tidy and did not remove all rubbish. The tenant did not return the keys. The landlord provided photographs and receipts in support of its claims. 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.
Walls, doors and window latches were 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 provided photographs and receipts in support of its claims. The amounts ordered are proved.
As the landlord was the successful party, I have also ordered reimbursement of the filing fee.

Tenancy Tribunal case 4707471 — Rent arrears at 4 Wing Place, Fordlands, Rotorua 3015

At a glance

Tenancy Tribunal case 4707471 — Rent arrears at 4 Wing Place, Fordlands, Rotorua 3015

At a glance

Award balance

Claims & awards

Order

Reasons

How much is owed for rent?

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?

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