What was the outcome of Tenancy Tribunal case 4752150?

The tribunal order states: Mercedes Maihi must pay Blue Fern Property Management Limited T/as

How much money was awarded in case 4752150?

____________________________________…: $350.00 awarded to landlord; Body Corp Invoice 18.9.23 – Attendan…: $201.25 awarded to landlord; Body Corp Invoice 27.9.23 – Incident…: $149.50 awarded to landlord; Body Corp Invoice 28.6.23 - Fire Ext…: $316.25 awarded to landlord; Cleaning: $782.00 awarded to landlord; Filing Fee: $20.44 awarded to landlord; Property Damage: $776.29 awarded to landlord; Property Damage: $1,207.50 awarded to landlord; Property Damage: $289.00 awarded to landlord; Property Damage: $189.00 awarded to landlord; Property Damage: $100.00 awarded to landlord; Property Damage: $586.50 awarded to landlord; Property Damage: $390.50 awarded to landlord; Rent Arrears: $853.30 awarded to landlord; Replace Furnishings: Bedside Table: $100.00 awarded to landlord; Replace Furnishings: Bunk Bed: $150.00 awarded to landlord; Replace furnishings: dining table an…: $299.00 awarded to landlord; Replace furnishings: queen bed and m…: $150.00 awarded to landlord; Rubbish Removal: $325.00 awarded to landlord

What type of tenancy dispute was case 4752150?

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

Where can I read the official tribunal order for case 4752150?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/10133239-Tenancy_Tribunal_Order.pdf.

What was the outcome of Tenancy Tribunal case 4752150?

The tribunal order states: Mercedes Maihi must pay Blue Fern Property Management Limited T/as

How much money was awarded in case 4752150?

____________________________________…: $350.00 awarded to landlord; Body Corp Invoice 18.9.23 – Attendan…: $201.25 awarded to landlord; Body Corp Invoice 27.9.23 – Incident…: $149.50 awarded to landlord; Body Corp Invoice 28.6.23 - Fire Ext…: $316.25 awarded to landlord; Cleaning: $782.00 awarded to landlord; Filing Fee: $20.44 awarded to landlord; Property Damage: $776.29 awarded to landlord; Property Damage: $1,207.50 awarded to landlord; Property Damage: $289.00 awarded to landlord; Property Damage: $189.00 awarded to landlord; Property Damage: $100.00 awarded to landlord; Property Damage: $586.50 awarded to landlord; Property Damage: $390.50 awarded to landlord; Rent Arrears: $853.30 awarded to landlord; Replace Furnishings: Bedside Table: $100.00 awarded to landlord; Replace Furnishings: Bunk Bed: $150.00 awarded to landlord; Replace furnishings: dining table an…: $299.00 awarded to landlord; Replace furnishings: queen bed and m…: $150.00 awarded to landlord; Rubbish Removal: $325.00 awarded to landlord

What type of tenancy dispute was case 4752150?

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

Where can I read the official tribunal order for case 4752150?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/10133239-Tenancy_Tribunal_Order.pdf.

Unit/Flat 620, 72 Nelson Street, Auckland Central, Auckland Tenancy Tribunal Case 4752150 — Property damage

Claims and awards in Tenancy Tribunal application 4752150 — net $5,795.53 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears to 6.10.2023	$853.30	Rent arrears to 6.10.2023
Cleaning	$782.00	Cleaning
Rubbish removal	$325.00	Rubbish removal
Body Corp invoice 28.6.23 - fire extinguisher incident costs	$316.25	Body Corp invoice 28.6.23 - fire extinguisher incident costs
Body Corp invoice 24.7.23 - fire extinguisher replacement & installation	$776.29	Body Corp invoice 24.7.23 - fire extinguisher replacement & installation
Body Corp invoice 27.7.23 - Perspex plate replacement	$1,207.50	Body Corp invoice 27.7.23 - Perspex plate replacement
Body Corp invoice 18.9.23 – attendance for security issues	$201.25	Body Corp invoice 18.9.23 – attendance for security issues
Body Corp invoice 27.9.23 – incident involving police	$149.50	Body Corp invoice 27.9.23 – incident involving police
Washing machine replacement	$289.00	Washing machine replacement
Fridge replacement	$189.00	Fridge replacement
Replace furnishings: dining table and chairs	$299.00	Replace furnishings: dining table and chairs
__________________________________________________________________________________ 47521502 Replace furnishings: sofa	$350.00	__________________________________________________________________________________ 47521502 Replace furnishings: sofa
Replace furnishings: bedside table	$100.00	Replace furnishings: bedside table
Replace furnishings: queen bed and mattress	$150.00	Replace furnishings: queen bed and mattress
Replace furnishings: bunk bed	$150.00	Replace furnishings: bunk bed
Heated towel rail and toilet paper holder replacement	$100.00	Heated towel rail and toilet paper holder replacement
Wall repairs - bathroom and bedroom	$586.50	Wall repairs - bathroom and bedroom
Blind replacement	$390.50	Blind replacement
Filing fee reimbursement	$20.44	Filing fee reimbursement
Net award	$5,795.53
Total payable by Tenant to Landlord	$5,795.53

Claims and awards in Tenancy Tribunal application 4752150 — net $5,795.53 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.

Claim

Landlord

Tenant

Reason

Rent arrears to 6.10.2023

$853.30

Rent arrears to 6.10.2023

Cleaning

$782.00

Cleaning

Rubbish removal

$325.00

Rubbish removal

Body Corp invoice 28.6.23 - fire extinguisher incident costs

$316.25

Body Corp invoice 28.6.23 - fire extinguisher incident costs

Body Corp invoice 24.7.23 - fire extinguisher replacement & installation

$776.29

Body Corp invoice 24.7.23 - fire extinguisher replacement & installation

Body Corp invoice 27.7.23 - Perspex plate replacement

$1,207.50

Body Corp invoice 27.7.23 - Perspex plate replacement

Body Corp invoice 18.9.23 – attendance for security issues

$201.25

Body Corp invoice 18.9.23 – attendance for security issues

Body Corp invoice 27.9.23 – incident involving police

$149.50

Body Corp invoice 27.9.23 – incident involving police

Washing machine replacement

$289.00

Washing machine replacement

Fridge replacement

$189.00

Fridge replacement

Replace furnishings: dining table and chairs

$299.00

Replace furnishings: dining table and chairs

__________________________________________________________________________________ 47521502 Replace furnishings: sofa

$350.00

__________________________________________________________________________________ 47521502 Replace furnishings: sofa

Replace furnishings: bedside table

$100.00

Replace furnishings: bedside table

Replace furnishings: queen bed and mattress

$150.00

Replace furnishings: queen bed and mattress

Replace furnishings: bunk bed

$150.00

Replace furnishings: bunk bed

Heated towel rail and toilet paper holder replacement

$100.00

Heated towel rail and toilet paper holder replacement

Wall repairs - bathroom and bedroom

$586.50

Wall repairs - bathroom and bedroom

Blind replacement

$390.50

Blind replacement

Filing fee reimbursement

$20.44

Filing fee reimbursement

Net award

$5,795.53

Total payable by Tenant to Landlord

$5,795.53

Order

Mercedes Maihi must pay Blue Fern Property Management Limited T/as Harcourts Henderson as agent for Lin Tan & Kai Zhang $5,795.53 immediately, calculated as shown in the table below.

The Bond Centre is to pay the bond of $1,440.00 (5360924-014) to Blue Fern Property Management Limited T/as Harcourts Henderson as agent for Lin Tan & Kai Zhang immediately.

Reasons

The landlord, represented by Ms Shi, and the owners of the premises, Ms Tan and Mr Zhang, attended the hearing. While notified, the tenant did not attend, and the hearing proceeded.

This tenancy began on 15 March 2022 and ended on 6 October 2023. The landlord states that the tenancy came to an end following an order of the Tribunal terminating the tenancy. The current landlord took over the management of the premises in July 2023.

The landlord has applied for rent arrears, compensation, payment from 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 October 2023. The landlord provided rent records 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) of the Residential Tenancies Act 1986 (the RTA).

The landlord claims cleaning and rubbish removal costs. The landlord has provided evidence, including invoices and inspection reports, with photographs showing the condition of the premises at the end of the tenancy, and prior to the tenancy commencing. This evidence establishes that the tenant did not leave the premises reasonably clean and tidy, and did not remove all rubbish. There was a significant amount of rubbish left behind and further cleaning was required. The amounts ordered are proved.

The landlord also received breach notices from the Body Corporate as a result of various incidents involving the tenant or the tenant’s visitors. The incidents included complaints regarding the tenant’s behaviour, security issues, disturbance to neighbours and damage to property. The Body Corporate imposed fines on the landlord, and the invoices have been produced, along with incident reports and a letter from the Owners’ Committee expressing concerns regarding the tenant’s behaviour. The tenant is liable for these costs, which are awarded above.

The following chattels were missing at the end of the tenancy: • Washing machine: this was removed from the premises. The landlord states that it was brand new and was installed in March 2023. An invoice for a replacement washing machine ($289.00) has been produced.

The amounts ordered above are proved. General principles regarding responsibility for damage

The landlord claims compensation for damage. To be successful, 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 of the RTA.

Where the damage is careless, and occurs after 27 August 2019, section 49B of the RTA applies.

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) of the 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) of the 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) of the RTA.

The landlord has advised that insurance is via the Body Corporate and the excess is $5,000.00. The rent is $385.00 per week.

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) of the 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. Findings regarding responsibility for damage

From the photographic, oral and documentary evidence produced by the landlord (including invoices for repairs), I am satisfied that the following damage was caused during the tenancy: • Damage to appliances: fridge • Damage to furniture: dining table and chairs, sofa, bedside table, queen bed (base and mattress), bunk bed, heated towel rail and toilet paper holder • Wall damage: bedroom and bathroom walls • Damage to blinds

The above damage is more than fair wear and tear, and the tenant has not disproved liability for the damage. The amounts ordered are proved.

In making the above awards 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. Filing fee

Because the landlord has been successful with this application, the tenant is to pay the landlord’s filing fee.

Claims and awards in Tenancy Tribunal application 4752150 — net $5,795.53 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears to 6.10.2023	$853.30	Rent arrears to 6.10.2023
Cleaning	$782.00	Cleaning
Rubbish removal	$325.00	Rubbish removal
Body Corp invoice 28.6.23 - fire extinguisher incident costs	$316.25	Body Corp invoice 28.6.23 - fire extinguisher incident costs
Body Corp invoice 24.7.23 - fire extinguisher replacement & installation	$776.29	Body Corp invoice 24.7.23 - fire extinguisher replacement & installation
Body Corp invoice 27.7.23 - Perspex plate replacement	$1,207.50	Body Corp invoice 27.7.23 - Perspex plate replacement
Body Corp invoice 18.9.23 – attendance for security issues	$201.25	Body Corp invoice 18.9.23 – attendance for security issues
Body Corp invoice 27.9.23 – incident involving police	$149.50	Body Corp invoice 27.9.23 – incident involving police
Washing machine replacement	$289.00	Washing machine replacement
Fridge replacement	$189.00	Fridge replacement
Replace furnishings: dining table and chairs	$299.00	Replace furnishings: dining table and chairs
__________________________________________________________________________________ 47521502 Replace furnishings: sofa	$350.00	__________________________________________________________________________________ 47521502 Replace furnishings: sofa
Replace furnishings: bedside table	$100.00	Replace furnishings: bedside table
Replace furnishings: queen bed and mattress	$150.00	Replace furnishings: queen bed and mattress
Replace furnishings: bunk bed	$150.00	Replace furnishings: bunk bed
Heated towel rail and toilet paper holder replacement	$100.00	Heated towel rail and toilet paper holder replacement
Wall repairs - bathroom and bedroom	$586.50	Wall repairs - bathroom and bedroom
Blind replacement	$390.50	Blind replacement
Filing fee reimbursement	$20.44	Filing fee reimbursement
Net award	$5,795.53
Total payable by Tenant to Landlord	$5,795.53

Claims and awards in Tenancy Tribunal application 4752150 — net $5,795.53 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.

Claim

Landlord

Tenant

Reason

Rent arrears to 6.10.2023

$853.30

Rent arrears to 6.10.2023

Cleaning

$782.00

Cleaning

Rubbish removal

$325.00

Rubbish removal

Body Corp invoice 28.6.23 - fire extinguisher incident costs

$316.25

Body Corp invoice 28.6.23 - fire extinguisher incident costs

Body Corp invoice 24.7.23 - fire extinguisher replacement & installation

$776.29

Body Corp invoice 24.7.23 - fire extinguisher replacement & installation

Body Corp invoice 27.7.23 - Perspex plate replacement

$1,207.50

Body Corp invoice 27.7.23 - Perspex plate replacement

Body Corp invoice 18.9.23 – attendance for security issues

$201.25

Body Corp invoice 18.9.23 – attendance for security issues

Body Corp invoice 27.9.23 – incident involving police

$149.50

Body Corp invoice 27.9.23 – incident involving police

Washing machine replacement

$289.00

Washing machine replacement

Fridge replacement

$189.00

Fridge replacement

Replace furnishings: dining table and chairs

$299.00

Replace furnishings: dining table and chairs

__________________________________________________________________________________ 47521502 Replace furnishings: sofa

$350.00

__________________________________________________________________________________ 47521502 Replace furnishings: sofa

Replace furnishings: bedside table

$100.00

Replace furnishings: bedside table

Replace furnishings: queen bed and mattress

$150.00

Replace furnishings: queen bed and mattress

Replace furnishings: bunk bed

$150.00

Replace furnishings: bunk bed

Heated towel rail and toilet paper holder replacement

$100.00

Heated towel rail and toilet paper holder replacement

Wall repairs - bathroom and bedroom

$586.50

Wall repairs - bathroom and bedroom

Blind replacement

$390.50

Blind replacement

Filing fee reimbursement

$20.44

Filing fee reimbursement

Net award

$5,795.53

Total payable by Tenant to Landlord

$5,795.53

Order

Mercedes Maihi must pay Blue Fern Property Management Limited T/as Harcourts Henderson as agent for Lin Tan & Kai Zhang $5,795.53 immediately, calculated as shown in the table below.
The Bond Centre is to pay the bond of $1,440.00 (5360924-014) to Blue Fern Property Management Limited T/as Harcourts Henderson as agent for Lin Tan & Kai Zhang immediately.

Reasons

The landlord, represented by Ms Shi, and the owners of the premises, Ms Tan and Mr Zhang, attended the hearing. While notified, the tenant did not attend, and the hearing proceeded.
This tenancy began on 15 March 2022 and ended on 6 October 2023. The landlord states that the tenancy came to an end following an order of the Tribunal terminating the tenancy. The current landlord took over the management of the premises in July 2023.
The landlord has applied for rent arrears, compensation, payment from 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 October 2023. The landlord provided rent records 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) of the Residential Tenancies Act 1986 (the RTA).
The landlord claims cleaning and rubbish removal costs. The landlord has provided evidence, including invoices and inspection reports, with photographs showing the condition of the premises at the end of the tenancy, and prior to the tenancy commencing. This evidence establishes that the tenant did not leave the premises reasonably clean and tidy, and did not remove all rubbish. There was a significant amount of rubbish left behind and further cleaning was required. The amounts ordered are proved.
The landlord also received breach notices from the Body Corporate as a result of various incidents involving the tenant or the tenant’s visitors. The incidents included complaints regarding the tenant’s behaviour, security issues, disturbance to neighbours and damage to property. The Body Corporate imposed fines on the landlord, and the invoices have been produced, along with incident reports and a letter from the Owners’ Committee expressing concerns regarding the tenant’s behaviour. The tenant is liable for these costs, which are awarded above.
The following chattels were missing at the end of the tenancy: • Washing machine: this was removed from the premises. The landlord states that it was brand new and was installed in March 2023. An invoice for a replacement washing machine ($289.00) has been produced.
The amounts ordered above are proved. General principles regarding responsibility for damage
The landlord claims compensation for damage. To be successful, 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 of the RTA.
Where the damage is careless, and occurs after 27 August 2019, section 49B of the RTA applies.
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) of the 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) of the 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) of the RTA.
The landlord has advised that insurance is via the Body Corporate and the excess is $5,000.00. The rent is $385.00 per week.
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) of the 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. Findings regarding responsibility for damage
From the photographic, oral and documentary evidence produced by the landlord (including invoices for repairs), I am satisfied that the following damage was caused during the tenancy: • Damage to appliances: fridge • Damage to furniture: dining table and chairs, sofa, bedside table, queen bed (base and mattress), bunk bed, heated towel rail and toilet paper holder • Wall damage: bedroom and bathroom walls • Damage to blinds
The above damage is more than fair wear and tear, and the tenant has not disproved liability for the damage. The amounts ordered are proved.
In making the above awards 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. Filing fee
Because the landlord has been successful with this application, the tenant is to pay the landlord’s filing fee.

Tenancy Tribunal case 4752150 — Property damage at Unit/Flat 620, 72 Nelson Street, Auckland Central, Auckland

At a glance

Tenancy Tribunal case 4752150 — Property damage at Unit/Flat 620, 72 Nelson Street, Auckland Central, Auckland

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?

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?

Topics & place

Residential Tenancies Act sections

Key findings

Property management

Frequently asked questions