What was the outcome of Tenancy Tribunal case 4839164?

The tribunal order states: The tenant’s application is dismissed.

How much money was awarded in case 4839164?

Filing Fee: $20.44 awarded to landlord; Rent Arrears: $3,000.00 awarded to landlord; Property Damage: $1,000.00 awarded to landlord; Rubbish Removal: $1,495.00 awarded to landlord; Water Rates: $1,878.84 awarded to landlord

What type of tenancy dispute was case 4839164?

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

Where can I read the official tribunal order for case 4839164?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/10649478-Tenancy_Tribunal_Order.pdf.

What was the outcome of Tenancy Tribunal case 4839164?

The tribunal order states: The tenant’s application is dismissed.

How much money was awarded in case 4839164?

Filing Fee: $20.44 awarded to landlord; Rent Arrears: $3,000.00 awarded to landlord; Property Damage: $1,000.00 awarded to landlord; Rubbish Removal: $1,495.00 awarded to landlord; Water Rates: $1,878.84 awarded to landlord

What type of tenancy dispute was case 4839164?

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

Where can I read the official tribunal order for case 4839164?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/10649478-Tenancy_Tribunal_Order.pdf.

87A Hillside Road, Papatoetoe, Auckland 2025 Tenancy Tribunal Case 4839164 — Rent arrears

Claims and awards in Tenancy Tribunal application 4839164 — net $5,714.28 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears to 9 February 2024	$3,000.00	Rent arrears to 9 February 2024
Water rates to 9 February 2024	$1,878.84	10. The landlord claimed that the tenant had only ever paid one water rates invoice during the tenancy, and that the remaining invoices were outstanding.
Rubbish removal	$1,495.00	Rubbish removal
Repairs: wall repairs	$1,000.00	Repairs: wall repairs
Filing fee reimbursement	$20.44	Filing fee reimbursement
Net award	$5,714.28
Total payable by Tenant to Landlord	$5,714.28

Order

The tenant’s application is dismissed.
The Bond Centre is to pay the bond of $1,680.00 (5273503-005) to Kalloy Property Limited as agent for Sunshine Garden Limited immediately.
Josephine Mavis Marsters-Heke must pay Kalloy Property Limited as agent for Sunshine Garden Ltd $5,714.28 immediately, calculated as shown in table below.

Reasons

This tenancy of a standalone house in Papatoetoe that began on 28 September 2020.
The tenant filed a claim in the Tribunal on 17 January 2024 seeking compensation for the landlord’s failure to maintain the property and comply with the Healthy Homes Standards. The tenant’s application records that, at that stage, the tenancy was ongoing.
The landlord filed a claim in the Tribunal on 18 March 2024 seeking rent arrears, compensation and refund of the bond. The landlord’s application records that the tenancy ended on 9 February 2024.
Only the landlord attended the hearing today, represented by Mr Mak. I delayed the start of the hearing by 15 minutes in case the tenant had been delayed but there was no appearance by the tenant. I am satisfied that the tenant had notice of the hearing and so the hearing proceeded in the tenant’s absence. Tenant’s claim
The tenant did not attend the hearing at the scheduled time or request an adjournment. See sections 78(1)(i) and 92(1) Residential Tenancies Act 1986.
As the tenant did not attend the hearing I was unable to hear her claim and accordingly the tenant’s claim is dismissed. Landlord’s claim

How much is owed for rent and water rates?

The landlord says that the tenancy ended on 9 February 2024 and provided a rent summary showing rent of $3,000 owing as at that date.
The landlord provided copies of emails with the tenant as follows: a. Email from the tenant to the landlord dated 18 December 2023 purporting to give 20 days’ notice to end the tenancy (when in fact 28 days’ notice is required); b. Various emails between the landlord and tenant between 19 and 25 January discussing the end of the tenancy, handover, water rates, repair of damage and removal of the tenant’s belongings from the tenancy; and c. Email from the tenant dated 4 February 2024 stating: “Sorry things have taken longer to move than usual but the house will be vacant by the end of this week, 9 th of Feb”.
I am satisfied that the tenancy ended on 9 February 2024 and that the landlord had vacant possession as at that date. The landlord’s claim for rent arrears is proved and I order rent arrears of $3,000.00 to the end of the tenancy.
The landlord claimed that the tenant had only ever paid one water rates invoice during the tenancy, and that the remaining invoices were outstanding. The landlord confirmed that the invoices had been sent to the tenant as they fell due and explained that, although they served a 14 day notice and that there were discussions with the tenant about a grant from WINZ to meet the water rates arrears, no payment was ever made.
The landlord produced copies of water rates invoices from the start of the tenancy together with the landlord’s ledger for tenancy invoices showing an outstanding amount for water rates in the amount of $1,900.04.
I have carefully reviewed the water rates invoices together with the ledger. I note that the final invoice is for water is from 2 February 2024 until 27 February 2024 when the tenancy ended on 9 February 2024. I have therefore averaged the water use for that invoice ($1.13 per day) and have allowed $6.80 for the final invoice rather than the full amount of $28.36 as claimed. I therefore order a total of $1,878.84 for water arrears.

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 landlord provided a pre-inspection report from the start of the tenancy together with a selection of photos taken at the end of the tenancy.
The landlord included a claim for cleaning today but as that claim was not included in their application I am not in a position to hear that claim today.
The landlord said that the tenant left a large amount of rubbish behind. The photos show a large amount of rubbish strewn throughout the house and garage including sofas, a trampoline, bunk beds, various broken furniture (both inside and out), and the entire contents of the kitchen cupboards.
The landlord produced an invoice for $1,495.00 for rubbish removal. The landlord explained that three skip bins were required and that the job of removing the rubbish took a considerable amount of time and labour.
Having heard from the landlord and having reviewed the photos I consider the amount claimed for rubbish removal to be reasonable and order compensation of $1,495.00 as claimed.

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 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 landlord provided a selection of photos from the end of the tenancy showing (both before and after rubbish removal which I am told was removed on 10 February 2024): a. Two doors with holes and a door having been removed; b. Six separate walls with numerous large holes.
The landlord provided an invoice in the amount of $1,725.00 for “wall hole and door repair”.
I have carefully reviewed the pre-inspection photos and the landlord’s selection of photos following the end of the tenancy. I note that the landlord has claimed for the repair of a hole in the bedroom door (painted grey) but the pre-inspection photos show that that door already had the damage claimed. I also note that the pre-inspection records marks on the walls and doors in almost every room.
The invoice is not itemised so it is not possible for me to be precise in reducing the landlord’s invoice to take into account the existing damage and the fact that I must consider 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 reviewing all of the evidence I consider that a reduction of $725.00 should be applied, and so order compensation to the landlord of $1,000.00 for the damage.
Because Kalloy Property Limited as agent for Sunshine Garden Limited has substantially succeeded with the claim I have reimbursed the filing fee.

Claims and awards in Tenancy Tribunal application 4839164 — net $5,714.28 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears to 9 February 2024	$3,000.00	Rent arrears to 9 February 2024
Water rates to 9 February 2024	$1,878.84	10. The landlord claimed that the tenant had only ever paid one water rates invoice during the tenancy, and that the remaining invoices were outstanding.
Rubbish removal	$1,495.00	Rubbish removal
Repairs: wall repairs	$1,000.00	Repairs: wall repairs
Filing fee reimbursement	$20.44	Filing fee reimbursement
Net award	$5,714.28
Total payable by Tenant to Landlord	$5,714.28

Order

The tenant’s application is dismissed.
The Bond Centre is to pay the bond of $1,680.00 (5273503-005) to Kalloy Property Limited as agent for Sunshine Garden Limited immediately.
Josephine Mavis Marsters-Heke must pay Kalloy Property Limited as agent for Sunshine Garden Ltd $5,714.28 immediately, calculated as shown in table below.

Reasons

This tenancy of a standalone house in Papatoetoe that began on 28 September 2020.
The tenant filed a claim in the Tribunal on 17 January 2024 seeking compensation for the landlord’s failure to maintain the property and comply with the Healthy Homes Standards. The tenant’s application records that, at that stage, the tenancy was ongoing.
The landlord filed a claim in the Tribunal on 18 March 2024 seeking rent arrears, compensation and refund of the bond. The landlord’s application records that the tenancy ended on 9 February 2024.
Only the landlord attended the hearing today, represented by Mr Mak. I delayed the start of the hearing by 15 minutes in case the tenant had been delayed but there was no appearance by the tenant. I am satisfied that the tenant had notice of the hearing and so the hearing proceeded in the tenant’s absence. Tenant’s claim
The tenant did not attend the hearing at the scheduled time or request an adjournment. See sections 78(1)(i) and 92(1) Residential Tenancies Act 1986.
As the tenant did not attend the hearing I was unable to hear her claim and accordingly the tenant’s claim is dismissed. Landlord’s claim

How much is owed for rent and water rates?

The landlord says that the tenancy ended on 9 February 2024 and provided a rent summary showing rent of $3,000 owing as at that date.
The landlord provided copies of emails with the tenant as follows: a. Email from the tenant to the landlord dated 18 December 2023 purporting to give 20 days’ notice to end the tenancy (when in fact 28 days’ notice is required); b. Various emails between the landlord and tenant between 19 and 25 January discussing the end of the tenancy, handover, water rates, repair of damage and removal of the tenant’s belongings from the tenancy; and c. Email from the tenant dated 4 February 2024 stating: “Sorry things have taken longer to move than usual but the house will be vacant by the end of this week, 9 th of Feb”.
I am satisfied that the tenancy ended on 9 February 2024 and that the landlord had vacant possession as at that date. The landlord’s claim for rent arrears is proved and I order rent arrears of $3,000.00 to the end of the tenancy.
The landlord claimed that the tenant had only ever paid one water rates invoice during the tenancy, and that the remaining invoices were outstanding. The landlord confirmed that the invoices had been sent to the tenant as they fell due and explained that, although they served a 14 day notice and that there were discussions with the tenant about a grant from WINZ to meet the water rates arrears, no payment was ever made.
The landlord produced copies of water rates invoices from the start of the tenancy together with the landlord’s ledger for tenancy invoices showing an outstanding amount for water rates in the amount of $1,900.04.
I have carefully reviewed the water rates invoices together with the ledger. I note that the final invoice is for water is from 2 February 2024 until 27 February 2024 when the tenancy ended on 9 February 2024. I have therefore averaged the water use for that invoice ($1.13 per day) and have allowed $6.80 for the final invoice rather than the full amount of $28.36 as claimed. I therefore order a total of $1,878.84 for water arrears.

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 landlord provided a pre-inspection report from the start of the tenancy together with a selection of photos taken at the end of the tenancy.
The landlord included a claim for cleaning today but as that claim was not included in their application I am not in a position to hear that claim today.
The landlord said that the tenant left a large amount of rubbish behind. The photos show a large amount of rubbish strewn throughout the house and garage including sofas, a trampoline, bunk beds, various broken furniture (both inside and out), and the entire contents of the kitchen cupboards.
The landlord produced an invoice for $1,495.00 for rubbish removal. The landlord explained that three skip bins were required and that the job of removing the rubbish took a considerable amount of time and labour.
Having heard from the landlord and having reviewed the photos I consider the amount claimed for rubbish removal to be reasonable and order compensation of $1,495.00 as claimed.

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 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 landlord provided a selection of photos from the end of the tenancy showing (both before and after rubbish removal which I am told was removed on 10 February 2024): a. Two doors with holes and a door having been removed; b. Six separate walls with numerous large holes.
The landlord provided an invoice in the amount of $1,725.00 for “wall hole and door repair”.
I have carefully reviewed the pre-inspection photos and the landlord’s selection of photos following the end of the tenancy. I note that the landlord has claimed for the repair of a hole in the bedroom door (painted grey) but the pre-inspection photos show that that door already had the damage claimed. I also note that the pre-inspection records marks on the walls and doors in almost every room.
The invoice is not itemised so it is not possible for me to be precise in reducing the landlord’s invoice to take into account the existing damage and the fact that I must consider 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 reviewing all of the evidence I consider that a reduction of $725.00 should be applied, and so order compensation to the landlord of $1,000.00 for the damage.
Because Kalloy Property Limited as agent for Sunshine Garden Limited has substantially succeeded with the claim I have reimbursed the filing fee.

Tenancy Tribunal case 4839164 — Rent arrears at 87A Hillside Road, Papatoetoe, Auckland 2025

At a glance

Tenancy Tribunal case 4839164 — Rent arrears at 87A Hillside Road, Papatoetoe, Auckland 2025

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