How much money was awarded in case 4725309?

Filing Fee: $20.44 awarded to landlord; Property Damage: $308.20 awarded to landlord; Rent Arrears: $2,147.14 awarded to landlord; Water Rates: $422.57 awarded to landlord

What type of tenancy dispute was case 4725309?

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

Where can I read the official tribunal order for case 4725309?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/9964178-Tenancy_Tribunal_Order.pdf.

How much money was awarded in case 4725309?

Filing Fee: $20.44 awarded to landlord; Property Damage: $308.20 awarded to landlord; Rent Arrears: $2,147.14 awarded to landlord; Water Rates: $422.57 awarded to landlord

What type of tenancy dispute was case 4725309?

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

Where can I read the official tribunal order for case 4725309?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/9964178-Tenancy_Tribunal_Order.pdf.

Unit/Flat 2, 16 Taitimu Drive, Weymouth, Auckland 2103 Tenancy Tribunal Case 4725309 — Rent arrears

Q: What was the outcome of Tenancy Tribunal case 4725309?

The tribunal order states: Penisimani Tokelau must pay Inspire Real Estate Limited As Agent For Mark

Order

Claims and awards in Tenancy Tribunal application 4725309 — net $1,038.35 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears to 08 October 2023	$2,147.14	Rent arrears to 08 October 2023
Water rates	$422.57	Water rates
Window repairs	$308.20	Window repairs
Filing fee reimbursement	$20.44	Filing fee reimbursement
Net award	$1,038.35
Total payable by Tenant to Landlord	$1,038.35

Penisimani Tokelau must pay Inspire Real Estate Limited As Agent For Mark Herbstein Earth Magic Ltd $1,038.35 immediately, calculated as shown in table below.

The Bond Centre is to pay the bond of $1,860.00 (5772964-007) to Inspire Real Estate Limited As Agent For Mark Herbstein Earth Magic Ltd immediately.

Reasons

The landlord attended the hearing, the respondent did not.

The landlord has applied for rent arrears, compensation, damages 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 8 October 2023. The landlord provided rent records and water rates invoices which prove the amount owing at the end of the tenancy was $2,147.00 rent arrears, and $422.57 water rates.

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 claimed $552.00 for cleaning and provided photographs of the property in support of the application . The photographs show a property in poor condition with more than one window with a thoroughly rotted windowsill not uncommon with older aluminium joinery which accumulates condensation, broken floor tiles in the kitchen, and kitchen cabinetry in poor condition. Also evident was discoloured ceiling paint which the landlord stated was mould and a small drawing on a door. Despite the condition of the house, I find that it was nonetheless left reasonably clean and tidy at the end of the tenancy. The claim for cleaning costs is not 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.

The landlord provided a photograph of a broken bathroom window and an invoice for $308.20. The damage is more than fair wear and tear, and the tenant has not disproved liability for the damage.

The amount ordered is proved.

Because Inspire Real Estate Limited As Agent For Mark Herbstein Earth Magic Ltd has substantially succeeded with the claim I have reimbursed the filing fee.

Claims and awards in Tenancy Tribunal application 4725309 — net $1,038.35 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears to 08 October 2023	$2,147.14	Rent arrears to 08 October 2023
Water rates	$422.57	Water rates
Window repairs	$308.20	Window repairs
Filing fee reimbursement	$20.44	Filing fee reimbursement
Net award	$1,038.35
Total payable by Tenant to Landlord	$1,038.35

Order

Penisimani Tokelau must pay Inspire Real Estate Limited As Agent For Mark Herbstein Earth Magic Ltd $1,038.35 immediately, calculated as shown in table below.
The Bond Centre is to pay the bond of $1,860.00 (5772964-007) to Inspire Real Estate Limited As Agent For Mark Herbstein Earth Magic Ltd immediately.

Reasons

The landlord attended the hearing, the respondent did not.
The landlord has applied for rent arrears, compensation, damages 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 8 October 2023. The landlord provided rent records and water rates invoices which prove the amount owing at the end of the tenancy was $2,147.00 rent arrears, and $422.57 water rates.

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 claimed $552.00 for cleaning and provided photographs of the property in support of the application . The photographs show a property in poor condition with more than one window with a thoroughly rotted windowsill not uncommon with older aluminium joinery which accumulates condensation, broken floor tiles in the kitchen, and kitchen cabinetry in poor condition. Also evident was discoloured ceiling paint which the landlord stated was mould and a small drawing on a door. Despite the condition of the house, I find that it was nonetheless left reasonably clean and tidy at the end of the tenancy. The claim for cleaning costs is not 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.
The landlord provided a photograph of a broken bathroom window and an invoice for $308.20. The damage is more than fair wear and tear, and the tenant has not disproved liability for the damage.
The amount ordered is proved.
Because Inspire Real Estate Limited As Agent For Mark Herbstein Earth Magic Ltd has substantially succeeded with the claim I have reimbursed the filing fee.

Tenancy Tribunal case 4725309 — Rent arrears at Unit/Flat 2, 16 Taitimu Drive, Weymouth, Auckland 2103

At a glance

Tenancy Tribunal case 4725309 — Rent arrears at Unit/Flat 2, 16 Taitimu Drive, Weymouth, Auckland 2103

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