What was the outcome of Tenancy Tribunal case 4922722?

The tribunal order states: Agnes Lekasa must pay Crockers Property Management Limited Acting Agent

How much money was awarded in case 4922722?

Property Damage: $41.00 awarded to landlord; Filing Fee: $20.44 awarded to landlord; Property Damage: $298.76 awarded to landlord; Rent Arrears: $3,002.59 awarded to landlord; To Benchtop: $483.00 awarded to landlord; To Blinds: $284.99 awarded to landlord; Property Damage: $500.00 awarded to landlord; To Heat Pump: $226.24 awarded to landlord; Rubbish Removal: $606.63 awarded to landlord; Water Rates: $340.32 awarded to landlord

What type of tenancy dispute was case 4922722?

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

Where can I read the official tribunal order for case 4922722?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/10908328-Tenancy_Tribunal_Order.pdf.

What was the outcome of Tenancy Tribunal case 4922722?

The tribunal order states: Agnes Lekasa must pay Crockers Property Management Limited Acting Agent

How much money was awarded in case 4922722?

Property Damage: $41.00 awarded to landlord; Filing Fee: $20.44 awarded to landlord; Property Damage: $298.76 awarded to landlord; Rent Arrears: $3,002.59 awarded to landlord; To Benchtop: $483.00 awarded to landlord; To Blinds: $284.99 awarded to landlord; Property Damage: $500.00 awarded to landlord; To Heat Pump: $226.24 awarded to landlord; Rubbish Removal: $606.63 awarded to landlord; Water Rates: $340.32 awarded to landlord

What type of tenancy dispute was case 4922722?

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

Where can I read the official tribunal order for case 4922722?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/10908328-Tenancy_Tribunal_Order.pdf.

49 Butterworth Drive, Glendene, Auckland 0602 Tenancy Tribunal Case 4922722 — Rent arrears

Reasons

Claims and awards in Tenancy Tribunal application 4922722 — net $2,623.97 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears to 6/5/2024	$3,002.59	Rent arrears to 6/5/2024
Water rates	$340.32	4. The landlord has applied for rent and water rate arrears, compensation, refund of the bond, and reimbursement of the filing fee following the end of the ten…
Window repairs -downstairs window	$298.76	Window repairs -downstairs window
Repairs: to blinds	$284.99	Repairs: to blinds
Electrical fittings repair: internal vacuum system	$41.00	Electrical fittings repair: internal vacuum system
Repairs: to benchtop	$483.00	Repairs: to benchtop
Repairs: to heat pump	$226.24	Repairs: to heat pump
Cleaning and rubbish removal	$606.63	Cleaning and rubbish removal
Repairs: to garage door - insurance excess	$500.00	Repairs: to garage door - insurance excess
Filing fee reimbursement	$20.44	Filing fee reimbursement
Net award	$2,623.97
Total payable by Tenant to Landlord	$2,623.97

Only the applicant landlord attended the hearing.

Ms Lekasa did not join the video link and could not be contacted on the cell phone number provided for her.

Having satisfied itself that Ms Lekasa had been properly served with notice of the hearing and details of the claims against her, the Tribunal proceeded to determine the claims, in her absence.

The landlord has applied for rent and water rate arrears, 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 arrears?

The tenancy ended on 6/5/2024. Ms Lekasa gave 28-day notice and 6/5/2024 was the end of that notice period.

The landlord provided rent records and water rates invoices which prove the amount owing at the end of the tenancy.

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 amounts 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.

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.

The following damage was caused during the tenancy: the kitchen bench was damaged with burn marks, the blinds damaged by children using scissors, the heat pump cover removed and the fitting damaged, a downstairs window was broken, and the garage door damaged when it was hit. The damage is more than fair wear and tear, likely caused by the tenants’ careless or negligent actions and the tenant has not disproved liability for the damage.

The amounts ordered are proved.

I have not taken betterment and depreciation into account as the amounts ordered are for repair costs only. The amounts awarded will only return the landlord to the position they would have been in had the tenant not breached their obligations.

Because Crockers Property Management Limited Acting Agent For Jeffery & Fiona Nikoia has wholly succeeded with the claim I must reimburse the filing fee.

No suppression order was requested and the public interest requires publication of the order.

Claims and awards in Tenancy Tribunal application 4922722 — net $2,623.97 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears to 6/5/2024	$3,002.59	Rent arrears to 6/5/2024
Water rates	$340.32	4. The landlord has applied for rent and water rate arrears, compensation, refund of the bond, and reimbursement of the filing fee following the end of the ten…
Window repairs -downstairs window	$298.76	Window repairs -downstairs window
Repairs: to blinds	$284.99	Repairs: to blinds
Electrical fittings repair: internal vacuum system	$41.00	Electrical fittings repair: internal vacuum system
Repairs: to benchtop	$483.00	Repairs: to benchtop
Repairs: to heat pump	$226.24	Repairs: to heat pump
Cleaning and rubbish removal	$606.63	Cleaning and rubbish removal
Repairs: to garage door - insurance excess	$500.00	Repairs: to garage door - insurance excess
Filing fee reimbursement	$20.44	Filing fee reimbursement
Net award	$2,623.97
Total payable by Tenant to Landlord	$2,623.97

Order

Agnes Lekasa must pay Crockers Property Management Limited Acting Agent For Jeffery & Fiona Nikoia $2,623.97 immediately, calculated as shown in table below.
The bond centre is to refund the bond of $3,180 to the applicant immediately.

Reasons

Only the applicant landlord attended the hearing.
Ms Lekasa did not join the video link and could not be contacted on the cell phone number provided for her.
Having satisfied itself that Ms Lekasa had been properly served with notice of the hearing and details of the claims against her, the Tribunal proceeded to determine the claims, in her absence.
The landlord has applied for rent and water rate arrears, 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 arrears?

The tenancy ended on 6/5/2024. Ms Lekasa gave 28-day notice and 6/5/2024 was the end of that notice period.
The landlord provided rent records and water rates invoices which prove the amount owing at the end of the tenancy.

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 amounts 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.
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.
The following damage was caused during the tenancy: the kitchen bench was damaged with burn marks, the blinds damaged by children using scissors, the heat pump cover removed and the fitting damaged, a downstairs window was broken, and the garage door damaged when it was hit. The damage is more than fair wear and tear, likely caused by the tenants’ careless or negligent actions and the tenant has not disproved liability for the damage.
The amounts ordered are proved.
I have not taken betterment and depreciation into account as the amounts ordered are for repair costs only. The amounts awarded will only return the landlord to the position they would have been in had the tenant not breached their obligations.
Because Crockers Property Management Limited Acting Agent For Jeffery & Fiona Nikoia has wholly succeeded with the claim I must reimburse the filing fee.
No suppression order was requested and the public interest requires publication of the order.

Tenancy Tribunal case 4922722 — Rent arrears at 49 Butterworth Drive, Glendene, Auckland 0602

At a glance

Tenancy Tribunal case 4922722 — Rent arrears at 49 Butterworth Drive, Glendene, Auckland 0602

At a glance

Award balance

Claims & awards

Order

Reasons

How much is owed for rent and water arrears?

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 arrears?

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