What was the outcome of Tenancy Tribunal case 4781302?

The tribunal order states: Tomas Simpson to pay Bayleys Real Estate Limited - Auckland Central As

How much money was awarded in case 4781302?

Cleaning: $449.00 awarded to landlord; Cleaning: $300.00 awarded to landlord; Filing Fee: $20.44 awarded to landlord; Rent Arrears: $900.00 awarded to landlord; Cabinet Doors: $400.00 awarded to landlord; Fireplace Bricks: $322.00 awarded to landlord; Water Rates: $401.75 awarded to landlord

What type of tenancy dispute was case 4781302?

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

Where can I read the official tribunal order for case 4781302?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/10239719-Tenancy_Tribunal_Order.pdf.

What was the outcome of Tenancy Tribunal case 4781302?

The tribunal order states: Tomas Simpson to pay Bayleys Real Estate Limited - Auckland Central As

How much money was awarded in case 4781302?

Cleaning: $449.00 awarded to landlord; Cleaning: $300.00 awarded to landlord; Filing Fee: $20.44 awarded to landlord; Rent Arrears: $900.00 awarded to landlord; Cabinet Doors: $400.00 awarded to landlord; Fireplace Bricks: $322.00 awarded to landlord; Water Rates: $401.75 awarded to landlord

What type of tenancy dispute was case 4781302?

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

Where can I read the official tribunal order for case 4781302?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/10239719-Tenancy_Tribunal_Order.pdf.

92 Selwyn Avenue, Mission Bay, Auckland 1071 Tenancy Tribunal Case 4781302 — Rent arrears

Tenantcheck Insights

Loading insights…

Pulling tribunal records

Loading insights…

Pulling tribunal records

92 Selwyn Avenue, Mission Bay, Auckland 1071 Tenancy Tribunal Case 4781302 — 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 4781302 — net $2,793.19 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears to 19 December 2023	$900.00	Rent arrears to 19 December 2023
Water rates	$401.75	Water rates
Cleaning	$300.00	Cleaning
Carpet Cleaning	$449.00	Carpet Cleaning
Repairs: Cabinet doors	$400.00	Repairs: Cabinet doors
Repairs: Fireplace bricks	$322.00	Repairs: Fireplace bricks
Filing fee reimbursement	$20.44	Filing fee reimbursement
Net award	$2,793.19
Total payable by Tenant to Landlord	$2,793.19

Claims and awards for application 4781302 — net $2,793.19 NZD. Verify on MoJ.

Rent arrears to 19 December 2023

Amount: $900.00
Awarded to: Landlord
Reason: Rent arrears to 19 December 2023

Water rates

Amount: $401.75
Awarded to: Landlord
Reason: Water rates

Cleaning

Amount: $300.00
Awarded to: Landlord
Reason: Cleaning

Carpet Cleaning

Amount: $449.00
Awarded to: Landlord
Reason: Carpet Cleaning

Repairs: Cabinet doors

Amount: $400.00
Awarded to: Landlord
Reason: Repairs: Cabinet doors

Claim types — money lines allowed on this order

Carpet Cleaning Cleanliness Filing Fee Rent arrears Property damage Water Rates

Order

Tomas Simpson to pay Bayleys Real Estate Limited - Auckland Central As Agent For Outao Yao $2,793.19 from the bond, calculated as shown in table below.

Reasons

The landlord attended the hearing; the respondent did not attend.
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 19 December 2023. The landlord provided rent records and water rates invoices which prove the amount owing at the end of the tenancy was $900.00 for rent arrears and $401.75 for water rates.
The amounts ordered are proved.

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.
With a handful of exceptions, the tenant left the property in a reasonably clean and tidy state; the tenant did leave some personal belongings behind such as a lego set, some pot plants, a bucket and a broom. The tenant also failed to clean the rangehood, and failed to completely clean the oven. Pre-tenancy photographs show the oven trays to have some stains already on them. A few rubbishy items were left behind, and the tenant did not empty the rubbish or recycling bins. The bathrooms, windowsills and a few other areas also were not sufficiently clean.
The tenant is not required to leave the premises in a “ready-to-rent” state, and a responsible landlord will most likely undertake a deeper clean between tenancies. The premises is large, and it is not surprising the cleaning bill is also large - $1,323.00. However, my view is that the tenant’s portion of liability for this bill is not large. The claim for a reduced amount for the cleaning is proved.
The landlord provided photographs of some stains on the carpet at the end of the tenancy. The landlord stated that these were stains left by a pet that the tenant had. Photographs from the beginning of the tenancy show the carpet to be in a generally good state. The claim for carpet cleaning is 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.
Photographs provided by the landlord show some damage to bricks around the fireplace and 8-10 white marks on four solid rimu doors of a side-board. The landlord provided an invoice for $322.00 for repairs to the fireplace and a quote for $3,312.00 to replace the solid rimu side-board doors.
No evidence was provided as to what the damage to the doors is. I am not persuaded the side-board doors need replacing. I have awarded a lesser amount which in my view is a reasonable amount to repair and refinish the doors.
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.
Because Bayleys Real Estate Limited - Auckland Central As Agent For Outao Yao has substantially succeeded with their 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 4781302 — net $2,793.19 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears to 19 December 2023	$900.00	Rent arrears to 19 December 2023
Water rates	$401.75	Water rates
Cleaning	$300.00	Cleaning
Carpet Cleaning	$449.00	Carpet Cleaning
Repairs: Cabinet doors	$400.00	Repairs: Cabinet doors
Repairs: Fireplace bricks	$322.00	Repairs: Fireplace bricks
Filing fee reimbursement	$20.44	Filing fee reimbursement
Net award	$2,793.19
Total payable by Tenant to Landlord	$2,793.19

Claims and awards for application 4781302 — net $2,793.19 NZD. Verify on MoJ.

Rent arrears to 19 December 2023

Amount: $900.00
Awarded to: Landlord
Reason: Rent arrears to 19 December 2023

Water rates

Amount: $401.75
Awarded to: Landlord
Reason: Water rates

Cleaning

Amount: $300.00
Awarded to: Landlord
Reason: Cleaning

Carpet Cleaning

Amount: $449.00
Awarded to: Landlord
Reason: Carpet Cleaning

Repairs: Cabinet doors

Amount: $400.00
Awarded to: Landlord
Reason: Repairs: Cabinet doors

Claim types — money lines allowed on this order

Carpet Cleaning Cleanliness Filing Fee Rent arrears Property damage Water Rates

Order

Tomas Simpson to pay Bayleys Real Estate Limited - Auckland Central As Agent For Outao Yao $2,793.19 from the bond, calculated as shown in table below.

Reasons

The landlord attended the hearing; the respondent did not attend.
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 19 December 2023. The landlord provided rent records and water rates invoices which prove the amount owing at the end of the tenancy was $900.00 for rent arrears and $401.75 for water rates.
The amounts ordered are proved.

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.
With a handful of exceptions, the tenant left the property in a reasonably clean and tidy state; the tenant did leave some personal belongings behind such as a lego set, some pot plants, a bucket and a broom. The tenant also failed to clean the rangehood, and failed to completely clean the oven. Pre-tenancy photographs show the oven trays to have some stains already on them. A few rubbishy items were left behind, and the tenant did not empty the rubbish or recycling bins. The bathrooms, windowsills and a few other areas also were not sufficiently clean.
The tenant is not required to leave the premises in a “ready-to-rent” state, and a responsible landlord will most likely undertake a deeper clean between tenancies. The premises is large, and it is not surprising the cleaning bill is also large - $1,323.00. However, my view is that the tenant’s portion of liability for this bill is not large. The claim for a reduced amount for the cleaning is proved.
The landlord provided photographs of some stains on the carpet at the end of the tenancy. The landlord stated that these were stains left by a pet that the tenant had. Photographs from the beginning of the tenancy show the carpet to be in a generally good state. The claim for carpet cleaning is 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.
Photographs provided by the landlord show some damage to bricks around the fireplace and 8-10 white marks on four solid rimu doors of a side-board. The landlord provided an invoice for $322.00 for repairs to the fireplace and a quote for $3,312.00 to replace the solid rimu side-board doors.
No evidence was provided as to what the damage to the doors is. I am not persuaded the side-board doors need replacing. I have awarded a lesser amount which in my view is a reasonable amount to repair and refinish the doors.
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.
Because Bayleys Real Estate Limited - Auckland Central As Agent For Outao Yao has substantially succeeded with their claim I must reimburse the filing fee.

Tenancy Tribunal case 4781302 — Rent arrears at 92 Selwyn Avenue, Mission Bay, Auckland 1071

At a glance

Tenancy Tribunal case 4781302 — Rent arrears at 92 Selwyn Avenue, Mission Bay, Auckland 1071

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