What was the outcome of Tenancy Tribunal case 4757675?

The tribunal order states: Hayley Jahnelle Willis and Joshua Daniel McHugh must pay Team Group

How much money was awarded in case 4757675?

Filing Fee: $20.44 awarded to landlord; Property Damage: $1,175.62 awarded to landlord; Property Damage: $491.94 awarded to landlord; Rent Arrears: $2,951.43 awarded to landlord; Replace Furnishings: Remote: $64.90 awarded to landlord; Rubbish Removal: $855.00 awarded to landlord

What type of tenancy dispute was case 4757675?

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

Where can I read the official tribunal order for case 4757675?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/9886245-Tenancy_Tribunal_Order.pdf.

What was the outcome of Tenancy Tribunal case 4757675?

The tribunal order states: Hayley Jahnelle Willis and Joshua Daniel McHugh must pay Team Group

How much money was awarded in case 4757675?

Filing Fee: $20.44 awarded to landlord; Property Damage: $1,175.62 awarded to landlord; Property Damage: $491.94 awarded to landlord; Rent Arrears: $2,951.43 awarded to landlord; Replace Furnishings: Remote: $64.90 awarded to landlord; Rubbish Removal: $855.00 awarded to landlord

What type of tenancy dispute was case 4757675?

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

Where can I read the official tribunal order for case 4757675?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/9886245-Tenancy_Tribunal_Order.pdf.

46 Manawa Avenue, Raumati Beach, Paraparaumu 5032 Tenancy Tribunal Case 4757675 — Rent arrears

Tenantcheck Insights

Loading insights…

Pulling tribunal records

Loading insights…

Pulling tribunal records

46 Manawa Avenue, Raumati Beach, Paraparaumu 5032 Tenancy Tribunal Case 4757675 — 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 4757675 — net $3,399.33 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears to 22/11/23	$2,951.43	3. The tenancy ended on 22 November 2023 by tenant notice.
Replace furnishings: remote	$64.90	Replace furnishings: remote
Lock/key replacement	$1,175.62	Lock/key replacement
Rubbish removal	$855.00	Rubbish removal
Repairs	$491.94	Repairs
Filing fee reimbursement	$20.44	Filing fee reimbursement
Net award	$3,399.33
Total payable by Tenant to Landlord	$3,399.33

Claims and awards for application 4757675 — net $3,399.33 NZD. Verify on MoJ.

Rent arrears to 22/11/23

Amount: $2,951.43
Awarded to: Landlord
Reason: 3. The tenancy ended on 22 November 2023 by tenant notice.

Replace furnishings: remote

Amount: $64.90
Awarded to: Landlord
Reason: Replace furnishings: remote

Lock/key replacement

Amount: $1,175.62
Awarded to: Landlord
Reason: Lock/key replacement

Rubbish removal

Amount: $855.00
Awarded to: Landlord
Reason: Rubbish removal

Repairs

Amount: $491.94
Awarded to: Landlord
Reason: Repairs

Claim types — money lines allowed on this order

Filing Fee Property damage Rent arrears Rubbish Removal

Order

Hayley Jahnelle Willis and Joshua Daniel McHugh must pay Team Group Rentals Limited $3,399.33 immediately, calculated as shown in table below.
The Bond Centre must pay the bond of $2,160 (number 5492193-008) to Team Group Rentals Limited immediately.
The landlord may dispose of the other goods left at the premises by the tenant as the landlord sees fit.

Reasons

The landlord attended the hearing represented by Ms Pavitt. There was no appearance for the tenants but as they had been served with the notice of hearing, it went ahead in their absence.
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 22 November 2023 by tenant notice. The landlord provided rent records which prove the amount owing at the end of the tenancy. The amount ordered is proven.

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 (RTA). Rubbish
The landlord has proven that the tenants did not remove all rubbish and has applied to dispose of the remaining goods. They have stored the items and provided the tenants opportunity to come and collect them.
Given the tenants have not responded to the landlord, it is not practicable for the landlord to the return the goods to the tenant. The value of the goods is below the cost of storing, transporting and selling them. Therefore, the landlord may dispose of the goods. 1 Keys
The tenant did not return the keys or garage door remote. Accordingly, the landlord had to have the locks replaced. This claim is approved however I have reduced the lock invoice by the amount of the after-hours callout fee as it was not justified to incur this cost. The evidence has not established a requirement for urgency and the Tribunal can only award reasonable costs.

Is the tenant responsible for the damage to the premises?

The landlord claims compensation for having to reinstall the sliding door that had been ripped off its rails, reattach two door handles that had been removed, 1 See sections 62(3)(b), 62B(2) and (3) Residential Tenancies Act 1986. install window catches that had been removed, clean privacy film off windows, replace removed floorboards and secure the broken garage door. Ms Pavitt has established in evidence that all this damage occurred just prior to the tenancy ending.
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.
On the basis of Ms Pavitt’s oral evidence and the photographic evidence, I am satisfied that all the damage was either caused carelessly or intentionally by the tenants. Accordingly, they are liable for the modest repair costs.
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.
Because Team Group Rentals Limited has wholly succeeded with the claim I must reimburse 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 4757675 — net $3,399.33 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears to 22/11/23	$2,951.43	3. The tenancy ended on 22 November 2023 by tenant notice.
Replace furnishings: remote	$64.90	Replace furnishings: remote
Lock/key replacement	$1,175.62	Lock/key replacement
Rubbish removal	$855.00	Rubbish removal
Repairs	$491.94	Repairs
Filing fee reimbursement	$20.44	Filing fee reimbursement
Net award	$3,399.33
Total payable by Tenant to Landlord	$3,399.33

Claims and awards for application 4757675 — net $3,399.33 NZD. Verify on MoJ.

Rent arrears to 22/11/23

Amount: $2,951.43
Awarded to: Landlord
Reason: 3. The tenancy ended on 22 November 2023 by tenant notice.

Replace furnishings: remote

Amount: $64.90
Awarded to: Landlord
Reason: Replace furnishings: remote

Lock/key replacement

Amount: $1,175.62
Awarded to: Landlord
Reason: Lock/key replacement

Rubbish removal

Amount: $855.00
Awarded to: Landlord
Reason: Rubbish removal

Repairs

Amount: $491.94
Awarded to: Landlord
Reason: Repairs

Claim types — money lines allowed on this order

Filing Fee Property damage Rent arrears Rubbish Removal

Order

Hayley Jahnelle Willis and Joshua Daniel McHugh must pay Team Group Rentals Limited $3,399.33 immediately, calculated as shown in table below.
The Bond Centre must pay the bond of $2,160 (number 5492193-008) to Team Group Rentals Limited immediately.
The landlord may dispose of the other goods left at the premises by the tenant as the landlord sees fit.

Reasons

The landlord attended the hearing represented by Ms Pavitt. There was no appearance for the tenants but as they had been served with the notice of hearing, it went ahead in their absence.
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 22 November 2023 by tenant notice. The landlord provided rent records which prove the amount owing at the end of the tenancy. The amount ordered is proven.

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 (RTA). Rubbish
The landlord has proven that the tenants did not remove all rubbish and has applied to dispose of the remaining goods. They have stored the items and provided the tenants opportunity to come and collect them.
Given the tenants have not responded to the landlord, it is not practicable for the landlord to the return the goods to the tenant. The value of the goods is below the cost of storing, transporting and selling them. Therefore, the landlord may dispose of the goods. 1 Keys
The tenant did not return the keys or garage door remote. Accordingly, the landlord had to have the locks replaced. This claim is approved however I have reduced the lock invoice by the amount of the after-hours callout fee as it was not justified to incur this cost. The evidence has not established a requirement for urgency and the Tribunal can only award reasonable costs.

Is the tenant responsible for the damage to the premises?

The landlord claims compensation for having to reinstall the sliding door that had been ripped off its rails, reattach two door handles that had been removed, 1 See sections 62(3)(b), 62B(2) and (3) Residential Tenancies Act 1986. install window catches that had been removed, clean privacy film off windows, replace removed floorboards and secure the broken garage door. Ms Pavitt has established in evidence that all this damage occurred just prior to the tenancy ending.
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.
On the basis of Ms Pavitt’s oral evidence and the photographic evidence, I am satisfied that all the damage was either caused carelessly or intentionally by the tenants. Accordingly, they are liable for the modest repair costs.
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.
Because Team Group Rentals Limited has wholly succeeded with the claim I must reimburse the filing fee.

Tenancy Tribunal case 4757675 — Rent arrears at 46 Manawa Avenue, Raumati Beach, Paraparaumu 5032

At a glance

Tenancy Tribunal case 4757675 — Rent arrears at 46 Manawa Avenue, Raumati Beach, Paraparaumu 5032

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