What was the outcome of Tenancy Tribunal case 4785720?

The tribunal order states: Anisoni Liberty Hingano and Matini Mateo must pay Barfoot & Thompson

How much money was awarded in case 4785720?

Rubbish Removal: $350.00 awarded to landlord; Filing Fee: $20.44 awarded to landlord; Property Damage: $230.00 awarded to landlord; Property Damage: $233.32 awarded to landlord; Property Damage: $35.59 awarded to landlord; Rent Arrears: $4,700.00 awarded to landlord

What type of tenancy dispute was case 4785720?

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

Where can I read the official tribunal order for case 4785720?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/10054782-Tenancy_Tribunal_Order.pdf.

What was the outcome of Tenancy Tribunal case 4785720?

The tribunal order states: Anisoni Liberty Hingano and Matini Mateo must pay Barfoot & Thompson

How much money was awarded in case 4785720?

Rubbish Removal: $350.00 awarded to landlord; Filing Fee: $20.44 awarded to landlord; Property Damage: $230.00 awarded to landlord; Property Damage: $233.32 awarded to landlord; Property Damage: $35.59 awarded to landlord; Rent Arrears: $4,700.00 awarded to landlord

What type of tenancy dispute was case 4785720?

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

Where can I read the official tribunal order for case 4785720?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/10054782-Tenancy_Tribunal_Order.pdf.

Unit/Flat 207, 8 Waikumete Road, Glen Eden, Auckland Tenancy Tribunal Case 4785720 — Rent arrears

Order

Claims and awards in Tenancy Tribunal application 4785720 — net $3,689.35 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears (to 5 March 2023	$4,700.00	Rent arrears (to 5 March 2023
Shower rail repair	$233.32	Shower rail repair
Cleaning: and rubbish removal	$350.00	Cleaning: and rubbish removal
Replacement of washing machine part that got broken at the end of the tenancy	$35.59	Replacement of washing machine part that got broken at the end of the tenancy
Lock/key replacement: (key and swipe card replacement	$230.00	Lock/key replacement: (key and swipe card replacement
Filing fee reimbursement	$20.44	Filing fee reimbursement
Net award	$3,689.35
Total payable by Tenant to Landlord	$3,689.35

Anisoni Liberty Hingano and Matini Mateo must pay Barfoot & Thompson Property Limited On Behalf Of Elizabeth Lam $3,689.35 immediately, calculated as shown in table below.

The Bond Centre is to pay the bond of $1,880.00 (6499614-009) to Barfoot & Thompson Property Limited On Behalf Of Elizabeth Lam immediately.

Reasons

The landlord attended the hearing. The tenant did not.

I am satisfied that the tenant had received proper notice of the hearing time, date and place and chose not to attend.

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 was fixed term and the parties agreed to end the fix term tenancy early. However, the tenant remains liable to pay rent for any period up to and including the date of the expiry of the fixed term or the date of commencement of a new tenancy of the premises, whichever is the earlier. See Section 61(3)(b)of the RTA.

A new tenancy commenced on 6 March 2023. Therefore, the tenancy ended on 5 March 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) 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 tenant did not return the keys.

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: a. The shower rail was broken and needed replacement; and b. The washing machine was broken and needed repair.

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 considered 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 considered the age and condition of the items at the start of the tenancy and their likely useful lifespan. Reimbursement of the filing fee

Because Barfoot & Thompson Property Limited On Behalf Of Elizabeth Lam has wholly succeeded with the claim I must reimburse the filing fee.

Claims and awards in Tenancy Tribunal application 4785720 — net $3,689.35 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears (to 5 March 2023	$4,700.00	Rent arrears (to 5 March 2023
Shower rail repair	$233.32	Shower rail repair
Cleaning: and rubbish removal	$350.00	Cleaning: and rubbish removal
Replacement of washing machine part that got broken at the end of the tenancy	$35.59	Replacement of washing machine part that got broken at the end of the tenancy
Lock/key replacement: (key and swipe card replacement	$230.00	Lock/key replacement: (key and swipe card replacement
Filing fee reimbursement	$20.44	Filing fee reimbursement
Net award	$3,689.35
Total payable by Tenant to Landlord	$3,689.35

Order

Anisoni Liberty Hingano and Matini Mateo must pay Barfoot & Thompson Property Limited On Behalf Of Elizabeth Lam $3,689.35 immediately, calculated as shown in table below.
The Bond Centre is to pay the bond of $1,880.00 (6499614-009) to Barfoot & Thompson Property Limited On Behalf Of Elizabeth Lam immediately.

Reasons

The landlord attended the hearing. The tenant did not.
I am satisfied that the tenant had received proper notice of the hearing time, date and place and chose not to attend.
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 was fixed term and the parties agreed to end the fix term tenancy early. However, the tenant remains liable to pay rent for any period up to and including the date of the expiry of the fixed term or the date of commencement of a new tenancy of the premises, whichever is the earlier. See Section 61(3)(b)of the RTA.
A new tenancy commenced on 6 March 2023. Therefore, the tenancy ended on 5 March 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) 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 tenant did not return the keys.
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: a. The shower rail was broken and needed replacement; and b. The washing machine was broken and needed repair.
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 considered 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 considered the age and condition of the items at the start of the tenancy and their likely useful lifespan. Reimbursement of the filing fee
Because Barfoot & Thompson Property Limited On Behalf Of Elizabeth Lam has wholly succeeded with the claim I must reimburse the filing fee.

Tenancy Tribunal case 4785720 — Rent arrears at Unit/Flat 207, 8 Waikumete Road, Glen Eden, Auckland

At a glance

Tenancy Tribunal case 4785720 — Rent arrears at Unit/Flat 207, 8 Waikumete Road, Glen Eden, 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?

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