What was the outcome of Tenancy Tribunal case 4739209?

The tribunal order states: Samaria Talamaivao must pay Southern Suburbs Realty Limited Acting Agent

How much money was awarded in case 4739209?

Individual award amounts are in the official MoJ PDF. Claim amounts appear on this page when claims and net totals reconcile.

What type of tenancy dispute was case 4739209?

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

Where can I read the official tribunal order for case 4739209?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/10265441-Tenancy_Tribunal_Order.pdf.

What was the outcome of Tenancy Tribunal case 4739209?

The tribunal order states: Samaria Talamaivao must pay Southern Suburbs Realty Limited Acting Agent

How much money was awarded in case 4739209?

Individual award amounts are in the official MoJ PDF. Claim amounts appear on this page when claims and net totals reconcile.

What type of tenancy dispute was case 4739209?

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

Where can I read the official tribunal order for case 4739209?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/10265441-Tenancy_Tribunal_Order.pdf.

273 Swanson Road, Henderson, Auckland 0610 Tenancy Tribunal Case 4739209 — Rent arrears

Order

Samaria Talamaivao must pay Southern Suburbs Realty Limited Acting Agent for New Song Investments $8,261.26 immediately, calculated as shown in table below. DescriptionLandlord Rent arrears to 6 October 2023$1,651.42 Previous order application 4672569 dated 12/09/2023$2,489.02 Water rates$189.78 Pest control$460.00 Cleaning: and rubbish removal$3,921.50 Repairs: walls$1,149.10 Lawns and Garden work$220.00 Filing fee reimbursement$20.44 Total award$10,101.26 Bond-$1,840.00 Total payable by Tenant to Landlord$8,261.26
The Bond Centre is to pay the bond of $1,840.00 (6159433-006) to Southern Suburbs Realty Limited Acting Agent for New Song Investments immediately.

Reasons

Only the landlord attended the hearing.
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 and water rates?

The tenancy ended on 6 October 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.
Having heard the evidence and seen the photographs I am satisfied the tenant did not leave the premises reasonably clean and tidy and did not remove all rubbish.
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 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.
Where the damage is careless and is not covered by the landlord's insurance, the tenant's liability is limited to four weeks' rent. 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 following damage was caused during the tenancy: a. Numerous holes in the walls and damage to paint throughout the house. b. Damage, staining and odours in carpets throughout the house.
The damage is more than fair wear and tear, and the tenant has not disproved liability for the damage.
The amounts ordered are proved.
Because Southern Suburbs Realty Limited Acting Agent for New Song Investments has wholly succeeded with the claim I must order reimbursement the filing fee.

Order

Samaria Talamaivao must pay Southern Suburbs Realty Limited Acting Agent for New Song Investments $8,261.26 immediately, calculated as shown in table below. DescriptionLandlord Rent arrears to 6 October 2023$1,651.42 Previous order application 4672569 dated 12/09/2023$2,489.02 Water rates$189.78 Pest control$460.00 Cleaning: and rubbish removal$3,921.50 Repairs: walls$1,149.10 Lawns and Garden work$220.00 Filing fee reimbursement$20.44 Total award$10,101.26 Bond-$1,840.00 Total payable by Tenant to Landlord$8,261.26
The Bond Centre is to pay the bond of $1,840.00 (6159433-006) to Southern Suburbs Realty Limited Acting Agent for New Song Investments immediately.

Reasons

Only the landlord attended the hearing.
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 and water rates?

The tenancy ended on 6 October 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.
Having heard the evidence and seen the photographs I am satisfied the tenant did not leave the premises reasonably clean and tidy and did not remove all rubbish.
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 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.
Where the damage is careless and is not covered by the landlord's insurance, the tenant's liability is limited to four weeks' rent. 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 following damage was caused during the tenancy: a. Numerous holes in the walls and damage to paint throughout the house. b. Damage, staining and odours in carpets throughout the house.
The damage is more than fair wear and tear, and the tenant has not disproved liability for the damage.
The amounts ordered are proved.
Because Southern Suburbs Realty Limited Acting Agent for New Song Investments has wholly succeeded with the claim I must order reimbursement the filing fee.

Tenancy Tribunal case 4739209 — Rent arrears at 273 Swanson Road, Henderson, Auckland 0610

Tenancy Tribunal case 4739209 — Rent arrears at 273 Swanson Road, Henderson, Auckland 0610

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?

Property management

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?

Property management