What was the outcome of Tenancy Tribunal case 4796778?

The tribunal order states: Deny Namomo must pay Reliable Rental Management Limited As Agent For

How much money was awarded in case 4796778?

Cleaning: $250.00 awarded to landlord; Filing Fee: $50.00 awarded to landlord; Rent Arrears: $2,306.00 awarded to landlord; Door: $20.44 awarded to landlord; Rubbish Removal: $480.00 awarded to landlord; Water Rates: $207.86 awarded to landlord

What type of tenancy dispute was case 4796778?

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

Where can I read the official tribunal order for case 4796778?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/10106762-Tenancy_Tribunal_Order.pdf.

What was the outcome of Tenancy Tribunal case 4796778?

The tribunal order states: Deny Namomo must pay Reliable Rental Management Limited As Agent For

How much money was awarded in case 4796778?

Cleaning: $250.00 awarded to landlord; Filing Fee: $50.00 awarded to landlord; Rent Arrears: $2,306.00 awarded to landlord; Door: $20.44 awarded to landlord; Rubbish Removal: $480.00 awarded to landlord; Water Rates: $207.86 awarded to landlord

What type of tenancy dispute was case 4796778?

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

Where can I read the official tribunal order for case 4796778?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/10106762-Tenancy_Tribunal_Order.pdf.

Unit/Flat 1, 84 Princes Street, Otahuhu, Auckland 1062 Tenancy Tribunal Case 4796778 — Rent arrears

Reasons

Claims and awards in Tenancy Tribunal application 4796778 — net $1,594.30 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears	$2,306.00	Rent arrears
Water rates	$207.86	Water rates
Cleaning	$250.00	Cleaning
Rubbish removal	$480.00	Rubbish removal
Repairs: door	$20.44	Repairs: door
Filing Fee reimbursement	$50.00	Filing Fee reimbursement
Net award	$1,594.30
Total payable by Tenant to Landlord	$1,594.30

The agent Mr Imraan Khan attended the hearing. There was no appearance by the tenant.

The landlord originally applied for termination of the tenancy with notice due to wanting to do extensive repairs.

This tenancy ended on 17 March 2023 and the landlord now has possession.

The landlord has applied for rent arrears, water usage owing, compensation for cleaning and rubbish removal, repairs, refund of the bond, and reimbursement of the filing fee following the end of the tenancy.

How much is owed for rent and water?

The tenancy ended on 17 March 2024. The landlord provided rent records and water rates invoices which prove the amount owing at the end of the tenancy being $2,306.00 for rent and $207.86 for water.

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 did not leave the premises reasonably clean and tidy, and did not remove all rubbish.

The amounts for cleaning and rubbish removal as 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.

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 agent says the following damage was caused during the tenancy: broken glass in the lounge and bedroom, holes in wall of lunge and hallway, stains in the carpet and a broken door in the bedroom.

I have considered the pre-inspection and post inspection photos and notes. It is noted that both windows at the start of the tenancy had cracks to them. There are markings on the walls which show previous damage. The agent confirmed the carpet had stains in the beginning and was to be replaced as part of the renovations.

The only matter I am satisfied about is the repair to the door. I have taken into account depreciation and award $50.00 for the repair.

The damage to the other items claimed are not more than fair wear and tear as the property was in a poor state to begin with. This part of the claim fails.

Because the landlord has had substantial success with the claim, I reimburse the filing fee.

Claims and awards in Tenancy Tribunal application 4796778 — net $1,594.30 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears	$2,306.00	Rent arrears
Water rates	$207.86	Water rates
Cleaning	$250.00	Cleaning
Rubbish removal	$480.00	Rubbish removal
Repairs: door	$20.44	Repairs: door
Filing Fee reimbursement	$50.00	Filing Fee reimbursement
Net award	$1,594.30
Total payable by Tenant to Landlord	$1,594.30

Order

Deny Namomo must pay Reliable Rental Management Limited As Agent For Manohar Singh $1,594.30 immediately, calculated as shown in table below.
The Bond Centre is to pay the bond of $1,720.00 (6201974-022) to Reliable Rental Management Limited As Agent For Manohar Singh immediately.

Reasons

The agent Mr Imraan Khan attended the hearing. There was no appearance by the tenant.
The landlord originally applied for termination of the tenancy with notice due to wanting to do extensive repairs.
This tenancy ended on 17 March 2023 and the landlord now has possession.
The landlord has applied for rent arrears, water usage owing, compensation for cleaning and rubbish removal, repairs, refund of the bond, and reimbursement of the filing fee following the end of the tenancy.

How much is owed for rent and water?

The tenancy ended on 17 March 2024. The landlord provided rent records and water rates invoices which prove the amount owing at the end of the tenancy being $2,306.00 for rent and $207.86 for water.

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 did not leave the premises reasonably clean and tidy, and did not remove all rubbish.
The amounts for cleaning and rubbish removal as 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.
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 agent says the following damage was caused during the tenancy: broken glass in the lounge and bedroom, holes in wall of lunge and hallway, stains in the carpet and a broken door in the bedroom.
I have considered the pre-inspection and post inspection photos and notes. It is noted that both windows at the start of the tenancy had cracks to them. There are markings on the walls which show previous damage. The agent confirmed the carpet had stains in the beginning and was to be replaced as part of the renovations.
The only matter I am satisfied about is the repair to the door. I have taken into account depreciation and award $50.00 for the repair.
The damage to the other items claimed are not more than fair wear and tear as the property was in a poor state to begin with. This part of the claim fails.
Because the landlord has had substantial success with the claim, I reimburse the filing fee.

Tenancy Tribunal case 4796778 — Rent arrears at Unit/Flat 1, 84 Princes Street, Otahuhu, Auckland 1062

At a glance

Tenancy Tribunal case 4796778 — Rent arrears at Unit/Flat 1, 84 Princes Street, Otahuhu, Auckland 1062

At a glance

Award balance

Claims & awards

Order

Reasons

How much is owed for rent and water?

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?

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