What was the outcome of Tenancy Tribunal case 4759741?

The tribunal order states: Margaret Manuopangai must pay 3To1 Property Management Limited

How much money was awarded in case 4759741?

Cleaning: $637.00 awarded to landlord; Property Damage: $1,863.00 awarded to landlord; Rent Arrears: $5,385.00 awarded to landlord; Rubbish Removal: $500.00 awarded to landlord

What type of tenancy dispute was case 4759741?

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

Where can I read the official tribunal order for case 4759741?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/10269245-Tenancy_Tribunal_Order.pdf.

What was the outcome of Tenancy Tribunal case 4759741?

The tribunal order states: Margaret Manuopangai must pay 3To1 Property Management Limited

How much money was awarded in case 4759741?

Cleaning: $637.00 awarded to landlord; Property Damage: $1,863.00 awarded to landlord; Rent Arrears: $5,385.00 awarded to landlord; Rubbish Removal: $500.00 awarded to landlord

What type of tenancy dispute was case 4759741?

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

Where can I read the official tribunal order for case 4759741?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/10269245-Tenancy_Tribunal_Order.pdf.

11 Funnell Place, Manurewa, Auckland 2102 Tenancy Tribunal Case 4759741 — Rent arrears

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11 Funnell Place, Manurewa, Auckland 2102 Tenancy Tribunal Case 4759741 — 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 4759741 — net $8,385.00 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears to 16 September 2023- 30 April 2024	$5,385.00	Rent arrears to 16 September 2023- 30 April 2024
Window repairs	$1,863.00	Window repairs
Rubbish removal	$500.00	Rubbish removal
Cleaning	$637.00	Cleaning
Net award	$8,385.00
Total payable by Tenant to Landlord	$8,385.00

Claims and awards for application 4759741 — net $8,385.00 NZD. Verify on MoJ.

Rent arrears to 16 September 2023- 30 April 2024

Amount: $5,385.00
Awarded to: Landlord
Reason: Rent arrears to 16 September 2023- 30 April 2024

Window repairs

Amount: $1,863.00
Awarded to: Landlord
Reason: Window repairs

Rubbish removal

Amount: $500.00
Awarded to: Landlord
Reason: Rubbish removal

Cleaning

Amount: $637.00
Awarded to: Landlord
Reason: Cleaning

Net award

Landlord $8,385.00

Total payable by Tenant to Landlord

Landlord $8,385.00

Claim types — money lines allowed on this order

Cleanliness Property damage Rent arrears Rubbish Removal

Order

ORDER

Margaret Manuopangai must pay 3To1 Property Management Limited $8,385.00 immediately as per the table below. This is not inclusive of the rent arrears ordered previously in case reference 4627268.

Reasons

The Landlord attended the hearing. The Tenant did not appear.
The landlord has applied for rent arrears and has provided rent records which prove the amount owing. The Landlord previously claimed and was awarded rent arrears for the period from 17 December 2022 to 15 September 2023 (case reference 4627268). This amount is not included in the rent arrears awarded today.

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 is required to replace worn out smoke alarm batteries during the tenancy. See section 40(1)(ca) Residential Tenancies Act 1986. The tenant must also replace standard light bulbs.
The tenant did not leave the premises reasonably clean and tidy, and did not remove all rubbish. The Landlord provided exit inspection photographs showing a substantial amount of rubbish left behind including trampoline, broken furniture, clothing, drawers and bags of clothing and an invoice to substantiate the costs for cleaning and rubbish removal.
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 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.
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: Eight smashed window panes. A property inspection report showing the windows were intact in June 2023, photographs of the damaged windows in the exit inspection report and an invoice for repair was provided. The damage is more than fair wear and tear, and the tenant has not disproved liability for the damage.
The amounts ordered are proved.
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.
The landlord has not sought name suppression so this has not been granted.

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 4759741 — net $8,385.00 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears to 16 September 2023- 30 April 2024	$5,385.00	Rent arrears to 16 September 2023- 30 April 2024
Window repairs	$1,863.00	Window repairs
Rubbish removal	$500.00	Rubbish removal
Cleaning	$637.00	Cleaning
Net award	$8,385.00
Total payable by Tenant to Landlord	$8,385.00

Claims and awards for application 4759741 — net $8,385.00 NZD. Verify on MoJ.

Rent arrears to 16 September 2023- 30 April 2024

Amount: $5,385.00
Awarded to: Landlord
Reason: Rent arrears to 16 September 2023- 30 April 2024

Window repairs

Amount: $1,863.00
Awarded to: Landlord
Reason: Window repairs

Rubbish removal

Amount: $500.00
Awarded to: Landlord
Reason: Rubbish removal

Cleaning

Amount: $637.00
Awarded to: Landlord
Reason: Cleaning

Net award

Landlord $8,385.00

Total payable by Tenant to Landlord

Landlord $8,385.00

Claim types — money lines allowed on this order

Cleanliness Property damage Rent arrears Rubbish Removal

Order

ORDER

Margaret Manuopangai must pay 3To1 Property Management Limited $8,385.00 immediately as per the table below. This is not inclusive of the rent arrears ordered previously in case reference 4627268.

Reasons

The Landlord attended the hearing. The Tenant did not appear.
The landlord has applied for rent arrears and has provided rent records which prove the amount owing. The Landlord previously claimed and was awarded rent arrears for the period from 17 December 2022 to 15 September 2023 (case reference 4627268). This amount is not included in the rent arrears awarded today.

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 is required to replace worn out smoke alarm batteries during the tenancy. See section 40(1)(ca) Residential Tenancies Act 1986. The tenant must also replace standard light bulbs.
The tenant did not leave the premises reasonably clean and tidy, and did not remove all rubbish. The Landlord provided exit inspection photographs showing a substantial amount of rubbish left behind including trampoline, broken furniture, clothing, drawers and bags of clothing and an invoice to substantiate the costs for cleaning and rubbish removal.
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 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.
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: Eight smashed window panes. A property inspection report showing the windows were intact in June 2023, photographs of the damaged windows in the exit inspection report and an invoice for repair was provided. The damage is more than fair wear and tear, and the tenant has not disproved liability for the damage.
The amounts ordered are proved.
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.
The landlord has not sought name suppression so this has not been granted.

Tenancy Tribunal case 4759741 — Rent arrears at 11 Funnell Place, Manurewa, Auckland 2102

At a glance

Tenancy Tribunal case 4759741 — Rent arrears at 11 Funnell Place, Manurewa, Auckland 2102

At a glance

Award balance

Claims & awards

Order

ORDER

Reasons

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

ORDER

Reasons

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