What was the outcome of Tenancy Tribunal case 4924553?

The tribunal order states: Tania Rose Ngamu must pay Mission Property Management Limited As Agent

How much money was awarded in case 4924553?

Water Rates: $491.57 awarded to landlord

What type of tenancy dispute was case 4924553?

The dispute type was not classified.

Where can I read the official tribunal order for case 4924553?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/10857633-Tenancy_Tribunal_Order - OP.pdf.

What was the outcome of Tenancy Tribunal case 4924553?

The tribunal order states: Tania Rose Ngamu must pay Mission Property Management Limited As Agent

How much money was awarded in case 4924553?

Water Rates: $491.57 awarded to landlord

What type of tenancy dispute was case 4924553?

The dispute type was not classified.

Where can I read the official tribunal order for case 4924553?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/10857633-Tenancy_Tribunal_Order - OP.pdf.

Unit/Flat 1, 38 Botany Road, Botany Downs, Auckland 2010 Tenancy Tribunal Case 4924553 — Tenancy dispute

Reasons

Claims and awards in Tenancy Tribunal application 4924553 — net $491.57 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Water rates	$491.57	Water rates
Net award	$491.57
Total payable by Tenant to Landlord	$491.57

Both parties attended the hearing.

The landlord claimed for water rates and damage following the end of the tenancy. Background

The tenancy commenced on 2 August 2022 and ended on 26 March 2024.

The tenant had agreed to release the bond of $2,600.00 to the landlord some time around June 2024. In addition, there was a rent credit of $502.86 at the end of the tenancy. Water

The landlord claims for three water invoices totalling $491.57. The tenant acknowledged that water was owed at the end of the tenancy so that amount is awarded. Compensation for damages

The landlord has applied for compensation for damages. I am told that the bond and rent credit was applied to the damages. The landlord was partly successful with an insurance claim. The landlord is seeking a claim above the amount of the bond and rent credit.

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 did not produce any photographs from before the tenancy commenced. There is an inspection report attached to the tenancy agreement which records scratches and dents on doors and walls, a cracked glass door between the living and dining room as well as mouldy curtains and blinds. The status for the premises was mostly described as “acceptable condition”.

The landlord did not produce an exit inspection report either. There are a handful of photographs produced but it is not clear what rooms these photographs are from. When asked about an exit inspection report the landlord said that he didn’t bring it because he thought that there was agreement between the landlord and the tenant, and the intention was to get an order for the tenant to take to WINZ.

The landlord had produced an email which in the email trail includes an email from the insurance assessor. The assessor refers to the inspection reports both at the beginning and during the tenancy as well as a February 2024 report which I presume is the exit inspection report, although the tenant did not vacate until 26 March 2024. The assessor said the following in respect of the inspection report attached to the tenancy agreement: “As a general overview, the entry condition report noted in the tenancy agreement advises: All floor coverings stained All curtains mouldy All window sills have cracked paint The glass sliding door between the living room and dining room has cracked glass Denting, scratching, or tearing to walls in most rooms Scratches to all doors Staining to most ceilings”

The landlord was successful in relation to six separate insurance claims for wall dents, broken windows and damaged doors.

The landlord had produced one invoice for work carried out at the premises, including door replacement, outer wall cement board, painting, replacement of broken cistern and replacement of broken windows. The invoice totalled $16,445.00. The invoice did not provide further detail to show how much work was required for each repair.

Given the condition of the premises when the tenancy commenced and the lack of evidence I am unable to determine what, if any, of the work is for damage caused by the tenant. I am unable to conclude what damage occurred during the tenancy and therefore whether the tenant is responsible for that damage. The landlord’s claim for compensation due to damage is dismissed. Cleaning

The landlord produced an invoice for cleaning including carpet cleaning even though the entry report records stains on all the floor coverings.

There were no photographs produced to support a claim for cleaning the premises at the end of the tenancy. That part of the claim is dismissed. Filing fee and suppression

As the landlord has not been substantially successful with its claim, I am not reimbursing the filing fee. For the same reason I am not suppressing the landlord’s name.

Claims and awards in Tenancy Tribunal application 4924553 — net $491.57 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Water rates	$491.57	Water rates
Net award	$491.57
Total payable by Tenant to Landlord	$491.57

Order

Tania Rose Ngamu must pay Mission Property Management Limited As Agent For Fan Yang $491.57 immediately.

Reasons

Both parties attended the hearing.
The landlord claimed for water rates and damage following the end of the tenancy. Background
The tenancy commenced on 2 August 2022 and ended on 26 March 2024.
The tenant had agreed to release the bond of $2,600.00 to the landlord some time around June 2024. In addition, there was a rent credit of $502.86 at the end of the tenancy. Water
The landlord claims for three water invoices totalling $491.57. The tenant acknowledged that water was owed at the end of the tenancy so that amount is awarded. Compensation for damages
The landlord has applied for compensation for damages. I am told that the bond and rent credit was applied to the damages. The landlord was partly successful with an insurance claim. The landlord is seeking a claim above the amount of the bond and rent credit.
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 did not produce any photographs from before the tenancy commenced. There is an inspection report attached to the tenancy agreement which records scratches and dents on doors and walls, a cracked glass door between the living and dining room as well as mouldy curtains and blinds. The status for the premises was mostly described as “acceptable condition”.
The landlord did not produce an exit inspection report either. There are a handful of photographs produced but it is not clear what rooms these photographs are from. When asked about an exit inspection report the landlord said that he didn’t bring it because he thought that there was agreement between the landlord and the tenant, and the intention was to get an order for the tenant to take to WINZ.
The landlord had produced an email which in the email trail includes an email from the insurance assessor. The assessor refers to the inspection reports both at the beginning and during the tenancy as well as a February 2024 report which I presume is the exit inspection report, although the tenant did not vacate until 26 March 2024. The assessor said the following in respect of the inspection report attached to the tenancy agreement: “As a general overview, the entry condition report noted in the tenancy agreement advises: All floor coverings stained All curtains mouldy All window sills have cracked paint The glass sliding door between the living room and dining room has cracked glass Denting, scratching, or tearing to walls in most rooms Scratches to all doors Staining to most ceilings”
The landlord was successful in relation to six separate insurance claims for wall dents, broken windows and damaged doors.
The landlord had produced one invoice for work carried out at the premises, including door replacement, outer wall cement board, painting, replacement of broken cistern and replacement of broken windows. The invoice totalled $16,445.00. The invoice did not provide further detail to show how much work was required for each repair.
Given the condition of the premises when the tenancy commenced and the lack of evidence I am unable to determine what, if any, of the work is for damage caused by the tenant. I am unable to conclude what damage occurred during the tenancy and therefore whether the tenant is responsible for that damage. The landlord’s claim for compensation due to damage is dismissed. Cleaning
The landlord produced an invoice for cleaning including carpet cleaning even though the entry report records stains on all the floor coverings.
There were no photographs produced to support a claim for cleaning the premises at the end of the tenancy. That part of the claim is dismissed. Filing fee and suppression
As the landlord has not been substantially successful with its claim, I am not reimbursing the filing fee. For the same reason I am not suppressing the landlord’s name.

Tenancy Tribunal case 4924553 — Tenancy dispute at Unit/Flat 1, 38 Botany Road, Botany Downs, Auckland 2010

At a glance

Tenancy Tribunal case 4924553 — Tenancy dispute at Unit/Flat 1, 38 Botany Road, Botany Downs, Auckland 2010

At a glance

Award balance

Claims & awards

Dismissed claims

Order

Reasons

Topics & place

Residential Tenancies Act sections

Key findings

Frequently asked questions

Award balance

Claims & awards

Dismissed claims

Order

Reasons

Topics & place

Residential Tenancies Act sections

Key findings

Frequently asked questions