What was the outcome of Tenancy Tribunal case 4798338?

The tribunal order states: Priscilla Otu must pay Fahey Property Management Limited as agent for

How much money was awarded in case 4798338?

Carpet: $1,410.00 awarded to landlord; Cleaning: $336.00 awarded to landlord; Dishwasher Invoice: $130.00 awarded to landlord; Filing Fee: $20.44 awarded to landlord; Property Damage: $218.50 awarded to landlord; Rent Arrears: $1,638.11 awarded to landlord; Rubbish Removal: $508.88 awarded to landlord; Water Rates: $89.79 awarded to landlord

What type of tenancy dispute was case 4798338?

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

Where can I read the official tribunal order for case 4798338?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/10104576-Tenancy_Tribunal_Order.pdf.

What was the outcome of Tenancy Tribunal case 4798338?

The tribunal order states: Priscilla Otu must pay Fahey Property Management Limited as agent for

How much money was awarded in case 4798338?

Carpet: $1,410.00 awarded to landlord; Cleaning: $336.00 awarded to landlord; Dishwasher Invoice: $130.00 awarded to landlord; Filing Fee: $20.44 awarded to landlord; Property Damage: $218.50 awarded to landlord; Rent Arrears: $1,638.11 awarded to landlord; Rubbish Removal: $508.88 awarded to landlord; Water Rates: $89.79 awarded to landlord

What type of tenancy dispute was case 4798338?

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

Where can I read the official tribunal order for case 4798338?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/10104576-Tenancy_Tribunal_Order.pdf.

Unit/Flat 4, 30 Eaglehurst Road, Ellerslie, Auckland 1060 Tenancy Tribunal Case 4798338 — Rent arrears

Order

Claims and awards in Tenancy Tribunal application 4798338 — net $1,571.72 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears to 5.3.2024	$1,638.11	Rent arrears to 5.3.2024
Water rates	$89.79	Water rates
Cleaning	$336.00	Cleaning
Rubbish removal	$508.88	Rubbish removal
Lock/key replacement	$218.50	Lock/key replacement
Dishwasher invoice	$130.00	Dishwasher invoice
Carpet	$1,410.00	Carpet
Filing fee reimbursement	$20.44	Filing fee reimbursement
Net award	$1,571.72
Total payable by Tenant to Landlord	$1,571.72

Priscilla Otu must pay Fahey Property Management Limited as agent for Houghton Property Ltd $1,571.72 immediately, calculated as shown in the table below.

The Bond Centre is to pay the bond of $2,780.00 (3511820-010) to Fahey Property Management Limited as agent for Houghton Property Ltd immediately.

Reasons

Only the landlord, represented by Ms Angela Fahey, attended the hearing. While notified, the tenant did not appear, and the hearing proceeded in her absence.

This tenancy began on 6 May 2022 and ended on 5 March 2024. The landlord has applied for rent arrears, water rates, compensation, payment from the bond, and reimbursement of the filing fee following the end of the tenancy.

How much is owed for rent and water rates?

The landlord advises that the tenant gave notice to end the tenancy. The landlord provided rent records and water rates invoices which prove the amount owing at the end of the tenancy on 5 March 2024.

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) of the Residential Tenancies Act 1986 (the RTA). .

The landlord claims cleaning and rubbish removal costs. The landlord has provided evidence, including invoices and inspection reports, with photographs showing the condition of the premises at the end of the tenancy, and prior to the tenancy commencing. This evidence establishes that the tenant did not leave the premises reasonably clean and tidy, and did not remove all rubbish. The amounts ordered are proved.

The tenant did not return the keys, which the landlord states were lost during the tenancy. The garage remote also had to be replaced. The relevant invoice was produced.

The landlord also incurred the call out fee from the appliance repairer, who attended twice to repair the dishwasher, but the tenant was not home on both occasions.

The amounts ordered are proved. General principles regarding responsibility for damage

The landlord claims compensation for damage. To be successful, 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 of the RTA.

Where the damage is careless, and occurs after 27 August 2019, section 49B RTA applies. 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) of the 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) of the 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) of the RTA.

The landlord is insured for tenant damage and has advised that the insurance excess is $500.00. The rent for the premises is $720.00 per week.

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) of the 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. Carpet

The landlord seeks compensation for damage to the carpet. Photographs and invoices have been produced. The landlord states that both the upstairs and downstairs carpet had to be replaced, due to the extent of staining. There were also burns on the carpet. The landlord notes the stains could not be removed with professional cleaning. The total cost of replacing the carpet is $4,700.00. The landlord states that the carpet was seven years old at the end of the tenancy.

From the photographic, oral and documentary evidence produced by the landlord, I am satisfied that the carpet damage was caused during the tenancy. This damage is more than fair wear and tear, and the tenant has not disproved liability for the damage.

The landlord seeks compensation for replacement of the carpet throughout the house. Having considered the evidence produced by the landlord, I find that, due to the nature of the stains, marks from burns, and the resulting damage, the tenant is liable for replacement of the carpet. As the carpet was seven years old, the amount awarded is reduced and the landlord is awarded $1,410.00.

In terms of the amount awarded above for the carpet damage, I have taken into account the principle of betterment, so the landlord is returned to the position they would have been in had the tenant not breached their obligations, and should not be better or worse off. Depreciation must also be factored in. When calculating depreciation, the age and condition of the items at the start of the tenancy and their likely useful lifespan are taken into account. Filing fee

Because the landlord has been successful with the claim, the tenant is to pay the landlord’s filing fee.

Claims and awards in Tenancy Tribunal application 4798338 — net $1,571.72 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears to 5.3.2024	$1,638.11	Rent arrears to 5.3.2024
Water rates	$89.79	Water rates
Cleaning	$336.00	Cleaning
Rubbish removal	$508.88	Rubbish removal
Lock/key replacement	$218.50	Lock/key replacement
Dishwasher invoice	$130.00	Dishwasher invoice
Carpet	$1,410.00	Carpet
Filing fee reimbursement	$20.44	Filing fee reimbursement
Net award	$1,571.72
Total payable by Tenant to Landlord	$1,571.72

Order

Priscilla Otu must pay Fahey Property Management Limited as agent for Houghton Property Ltd $1,571.72 immediately, calculated as shown in the table below.
The Bond Centre is to pay the bond of $2,780.00 (3511820-010) to Fahey Property Management Limited as agent for Houghton Property Ltd immediately.

Reasons

Only the landlord, represented by Ms Angela Fahey, attended the hearing. While notified, the tenant did not appear, and the hearing proceeded in her absence.
This tenancy began on 6 May 2022 and ended on 5 March 2024. The landlord has applied for rent arrears, water rates, compensation, payment from the bond, and reimbursement of the filing fee following the end of the tenancy.

How much is owed for rent and water rates?

The landlord advises that the tenant gave notice to end the tenancy. The landlord provided rent records and water rates invoices which prove the amount owing at the end of the tenancy on 5 March 2024.

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) of the Residential Tenancies Act 1986 (the RTA). .
The landlord claims cleaning and rubbish removal costs. The landlord has provided evidence, including invoices and inspection reports, with photographs showing the condition of the premises at the end of the tenancy, and prior to the tenancy commencing. This evidence establishes that the tenant did not leave the premises reasonably clean and tidy, and did not remove all rubbish. The amounts ordered are proved.
The tenant did not return the keys, which the landlord states were lost during the tenancy. The garage remote also had to be replaced. The relevant invoice was produced.
The landlord also incurred the call out fee from the appliance repairer, who attended twice to repair the dishwasher, but the tenant was not home on both occasions.
The amounts ordered are proved. General principles regarding responsibility for damage
The landlord claims compensation for damage. To be successful, 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 of the RTA.
Where the damage is careless, and occurs after 27 August 2019, section 49B RTA applies. 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) of the 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) of the 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) of the RTA.
The landlord is insured for tenant damage and has advised that the insurance excess is $500.00. The rent for the premises is $720.00 per week.
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) of the 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. Carpet
The landlord seeks compensation for damage to the carpet. Photographs and invoices have been produced. The landlord states that both the upstairs and downstairs carpet had to be replaced, due to the extent of staining. There were also burns on the carpet. The landlord notes the stains could not be removed with professional cleaning. The total cost of replacing the carpet is $4,700.00. The landlord states that the carpet was seven years old at the end of the tenancy.
From the photographic, oral and documentary evidence produced by the landlord, I am satisfied that the carpet damage was caused during the tenancy. This damage is more than fair wear and tear, and the tenant has not disproved liability for the damage.
The landlord seeks compensation for replacement of the carpet throughout the house. Having considered the evidence produced by the landlord, I find that, due to the nature of the stains, marks from burns, and the resulting damage, the tenant is liable for replacement of the carpet. As the carpet was seven years old, the amount awarded is reduced and the landlord is awarded $1,410.00.
In terms of the amount awarded above for the carpet damage, I have taken into account the principle of betterment, so the landlord is returned to the position they would have been in had the tenant not breached their obligations, and should not be better or worse off. Depreciation must also be factored in. When calculating depreciation, the age and condition of the items at the start of the tenancy and their likely useful lifespan are taken into account. Filing fee
Because the landlord has been successful with the claim, the tenant is to pay the landlord’s filing fee.

Tenancy Tribunal case 4798338 — Rent arrears at Unit/Flat 4, 30 Eaglehurst Road, Ellerslie, Auckland 1060

At a glance

Tenancy Tribunal case 4798338 — Rent arrears at Unit/Flat 4, 30 Eaglehurst Road, Ellerslie, Auckland 1060

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?

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?

Topics & place

Residential Tenancies Act sections

Key findings

Property management

Frequently asked questions