What was the outcome of Tenancy Tribunal case 4895542?

The tribunal order states: Tenitia Taukarawa must pay Staircase Property Management Limited Acting

How much money was awarded in case 4895542?

Individual award amounts are in the official MoJ PDF. Claim amounts appear on this page when claims and net totals reconcile.

What type of tenancy dispute was case 4895542?

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

Where can I read the official tribunal order for case 4895542?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/10537260-Tenancy_Tribunal_Order.pdf.

What was the outcome of Tenancy Tribunal case 4895542?

The tribunal order states: Tenitia Taukarawa must pay Staircase Property Management Limited Acting

How much money was awarded in case 4895542?

Individual award amounts are in the official MoJ PDF. Claim amounts appear on this page when claims and net totals reconcile.

What type of tenancy dispute was case 4895542?

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

Where can I read the official tribunal order for case 4895542?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/10537260-Tenancy_Tribunal_Order.pdf.

Unit/Flat 4, 43 Ranui Avenue, Ranui, Auckland 0612 Tenancy Tribunal Case 4895542 — Rent arrears

Order

Tenitia Taukarawa must pay Staircase Property Management Limited Acting Agent for Bryson & Alison Middleton $5475.97 immediately for rent arrears, cleaning, rubbish removal, water bills, reimbursement of filing fee, and damages, as calculated and shown in table below: DescriptionLandlord Rent arrears$3,172.86 Cleaning$391.00 Rubbish removal$481.00 Repairs$829.15 Water bills $526.52 Filing fee reimbursement$20.44 Replace front door$2,415.00 Total award$7,835.97 Minus Bond-2,360.00 Total payable by Tenant to Landlord$5475.97
The Bond Centre is to pay the bond of $2,360.00 (6491426-010) to Staircase Property Management Limited Acting Agent for Bryson & Alison Middleton immediately.

Reasons

The landlord attended the hearing, the tenant did not attend.
The landlord has applied for rent arrears, water bills, compensation, refund of the bond, and reimbursement of the filing fee following the end of the tenancy.

How much is owed for rent and water rates?

The tenancy ended on 26 May 2024. The landlord provided rent records and water rates invoices which prove the amount owing at the end of the tenancy. The rent arrears as of 26 May 2024 are $3172.86 and the water bills are $526.52.
I am satisfied that the landlord has proven their claim for rent arrears and water bills.

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 landlord has provided the Tribunal with an entry and exit inspection reports and photos dated 26 May 2023 and 30 May 2024. In addition, the Tribunal has been provided with invoices for the cleaning from CPBC Property Service LTD for $391.00 dated 25 June 2024 and rubbish removal for $481.00.
I am satisfied that the landlord has proven their claim for cleaning and rubbish removal.

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) Damage to the walls, skirting and internal doors. B) Destruction of the front door.
The landlord has provided photos which show the damage caused during the tenancy. The walls had grooves that needed to be plastered and repainted. The skirting boards were scratched and damaged and was an internal door.
The landlord provided an invoice from Staircase Property Management dated 10 June 2024 for $829.15 for the cost of these repairs.
The front door of the house had to be replaced as it was split into two pieces. The property was unsecure and unable to be let to new tenants until the door was replaced.
The landlord provided photos of the damaged front door and an invoice for $2415.00 dated 5 June 2024.
The damage is more than fair wear and tear, and the tenant has not disproved liability for the damage.
The amounts ordered are proved.
The bond centre is to refund the bond to the landlord to offset the debt owed by the tenant to the landlord.
Because Staircase Property Management Limited Acting Agent for Bryson & Alison Middleton has wholly succeeded with the claim I must reimburse the filing fee.

Order

Tenitia Taukarawa must pay Staircase Property Management Limited Acting Agent for Bryson & Alison Middleton $5475.97 immediately for rent arrears, cleaning, rubbish removal, water bills, reimbursement of filing fee, and damages, as calculated and shown in table below: DescriptionLandlord Rent arrears$3,172.86 Cleaning$391.00 Rubbish removal$481.00 Repairs$829.15 Water bills $526.52 Filing fee reimbursement$20.44 Replace front door$2,415.00 Total award$7,835.97 Minus Bond-2,360.00 Total payable by Tenant to Landlord$5475.97
The Bond Centre is to pay the bond of $2,360.00 (6491426-010) to Staircase Property Management Limited Acting Agent for Bryson & Alison Middleton immediately.

Reasons

The landlord attended the hearing, the tenant did not attend.
The landlord has applied for rent arrears, water bills, compensation, refund of the bond, and reimbursement of the filing fee following the end of the tenancy.

How much is owed for rent and water rates?

The tenancy ended on 26 May 2024. The landlord provided rent records and water rates invoices which prove the amount owing at the end of the tenancy. The rent arrears as of 26 May 2024 are $3172.86 and the water bills are $526.52.
I am satisfied that the landlord has proven their claim for rent arrears and water bills.

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 landlord has provided the Tribunal with an entry and exit inspection reports and photos dated 26 May 2023 and 30 May 2024. In addition, the Tribunal has been provided with invoices for the cleaning from CPBC Property Service LTD for $391.00 dated 25 June 2024 and rubbish removal for $481.00.
I am satisfied that the landlord has proven their claim for cleaning and rubbish removal.

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) Damage to the walls, skirting and internal doors. B) Destruction of the front door.
The landlord has provided photos which show the damage caused during the tenancy. The walls had grooves that needed to be plastered and repainted. The skirting boards were scratched and damaged and was an internal door.
The landlord provided an invoice from Staircase Property Management dated 10 June 2024 for $829.15 for the cost of these repairs.
The front door of the house had to be replaced as it was split into two pieces. The property was unsecure and unable to be let to new tenants until the door was replaced.
The landlord provided photos of the damaged front door and an invoice for $2415.00 dated 5 June 2024.
The damage is more than fair wear and tear, and the tenant has not disproved liability for the damage.
The amounts ordered are proved.
The bond centre is to refund the bond to the landlord to offset the debt owed by the tenant to the landlord.
Because Staircase Property Management Limited Acting Agent for Bryson & Alison Middleton has wholly succeeded with the claim I must reimburse the filing fee.

Tenancy Tribunal case 4895542 — Rent arrears at Unit/Flat 4, 43 Ranui Avenue, Ranui, Auckland 0612

Tenancy Tribunal case 4895542 — Rent arrears at Unit/Flat 4, 43 Ranui Avenue, Ranui, Auckland 0612

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?

Property management

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?

Property management