What was the outcome of Tenancy Tribunal case 4835520?

The tribunal order states: Riana Te Ngahue and Manihera Te Hei to pay Smith Property Management

How much money was awarded in case 4835520?

Rent Arrears: $78.29 awarded to landlord; Water Rates: $87.34 awarded to landlord

What type of tenancy dispute was case 4835520?

The primary dispute was Rent arrears.

Where can I read the official tribunal order for case 4835520?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/10163228-Tenancy_Tribunal_Order.pdf.

What was the outcome of Tenancy Tribunal case 4835520?

The tribunal order states: Riana Te Ngahue and Manihera Te Hei to pay Smith Property Management

How much money was awarded in case 4835520?

Rent Arrears: $78.29 awarded to landlord; Water Rates: $87.34 awarded to landlord

What type of tenancy dispute was case 4835520?

The primary dispute was Rent arrears.

Where can I read the official tribunal order for case 4835520?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/10163228-Tenancy_Tribunal_Order.pdf.

Unit/Flat Flat 1, 6A Waipuna Road, Mount Wellington, Tenancy Tribunal Case 4835520 — Rent arrears

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Order

Claims and awards in Tenancy Tribunal application 4835520 — net $165.63 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears to 6.11.23	$78.29	Rent arrears to 6.11.23
Water rates	$87.34	Water rates
Net award	$165.63
Bond	$2,200.00
Total payable by Tenant to Landlord	$165.63

Riana Te Ngahue and Manihera Te Hei to pay Smith Property Management Limited T/A Quinovic Property Management As Agent For B Lincoln Family Trust $165.63 from the bond, calculated as shown in table below.

The Bond Centre is to pay the bond of $2,200.00 (5356519-002) immediately apportioned as follows: Smith Property Management Limited T/A Quinovic Property Management As Agent For B Lincoln Family Trust: $165.63 Riana Te Ngahue and Manihera Te Hei: $2,034.37

The landlord’s damage claims are dismissed.

Reasons

Both parties attended the hearing by remote teleconference.

The landlord has applied for rent arrears, compensation, refund of the bond, and reimbursement of the filing fee following the end of the tenancy.

The tenants filed an application seeking the return of their bond.

How much is owed for rent and water rates?

The tenancy ended on 6 November 2023. The landlord provided rent and water records which prove the amount owing at the end of the tenancy. The tenants do not dispute these two claims.

These claims are allowed.

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.

The landlord claims that the kitchen ceiling was damaged by smoke. An email dated 11 March 2024 from a professional cleaner suggested that the damage was caused by excessive cooking.

The landlord further claims that the tenants damaged a window ledge. An invoice provided with the application noted that the damage was caused by an oil lamp.

The tenants dispute both claims. They say that the ceiling became discoloured within the first week of moving in. They say that the ceiling was already discoloured and had been painted over. They also say that the burn mark on the window ledge was not there on the day they moved out.

The landlord has not provided any photographic evidence in support of these claims. As a minimum I would expect a landlord to provide entry and exit photographs confirming the condition of the premises at the start and conclusion of the tenancy.

Although the tenants provided photographic evidence with their application it is not for the landlord to rely on this. They must provide their own evidence in support of their claims. I also note that the exit photographs provided were not taken until 14 November 2023, one week after the tenants vacated the property.

The applicant is required to establish the claim to the civil law standard of proof, on the balance of probabilities.

The applicant has not satisfied me that it is more likely than not that the tenants are responsible for the damages claimed.

Accordingly, the landlord’s claims in respect of cleaning and repairs are dismissed.

Because both parties have been partly successful with their applications I make no order in respect of reimbursement of their filing fees.

Order

Claims and awards in Tenancy Tribunal application 4835520 — net $165.63 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears to 6.11.23	$78.29	Rent arrears to 6.11.23
Water rates	$87.34	Water rates
Net award	$165.63
Bond	$2,200.00
Total payable by Tenant to Landlord	$165.63

The landlord’s damage claims are dismissed.

Reasons

Both parties attended the hearing by remote teleconference.

The landlord has applied for rent arrears, compensation, refund of the bond, and reimbursement of the filing fee following the end of the tenancy.

The tenants filed an application seeking the return of their bond.

How much is owed for rent and water rates?

The tenancy ended on 6 November 2023. The landlord provided rent and water records which prove the amount owing at the end of the tenancy. The tenants do not dispute these two claims.

These claims are allowed.

Is the tenant responsible for the damage to the premises?

The landlord claims that the kitchen ceiling was damaged by smoke. An email dated 11 March 2024 from a professional cleaner suggested that the damage was caused by excessive cooking.

The landlord further claims that the tenants damaged a window ledge. An invoice provided with the application noted that the damage was caused by an oil lamp.

The applicant is required to establish the claim to the civil law standard of proof, on the balance of probabilities.

The applicant has not satisfied me that it is more likely than not that the tenants are responsible for the damages claimed.

Accordingly, the landlord’s claims in respect of cleaning and repairs are dismissed.

Because both parties have been partly successful with their applications I make no order in respect of reimbursement of their filing fees.

Tenancy Tribunal case 4835520 — Rent arrears at Unit/Flat Flat 1, 6A Waipuna Road, Mount Wellington,

At a glance

Tenancy Tribunal case 4835520 — Rent arrears at Unit/Flat Flat 1, 6A Waipuna Road, Mount Wellington,

At a glance

Award balance

Claims & awards

Order

Reasons

How much is owed for rent and water rates?

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?

Is the tenant responsible for the damage to the premises?

Topics & place

Residential Tenancies Act sections

Key findings

Property management

Frequently asked questions