What was the outcome of Tenancy Tribunal case 4928233?

The tribunal order states: Elie Dongala Bumba must pay Auckland City-Living Management Limited As

How much money was awarded in case 4928233?

Advertising: $230.00 awarded to landlord; Cleaning: $260.00 awarded to landlord; Costs On Early Termination: $637.50 awarded to landlord; Rent Arrears: $4,240.00 awarded to landlord; Replace Matress: $237.00 awarded to landlord; Rubbish Removal: $299.00 awarded to landlord

What type of tenancy dispute was case 4928233?

The primary dispute was Rent arrears. Related themes: Cleanliness.

Where can I read the official tribunal order for case 4928233?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/10671828-Tenancy_Tribunal_Order.pdf.

What was the outcome of Tenancy Tribunal case 4928233?

The tribunal order states: Elie Dongala Bumba must pay Auckland City-Living Management Limited As

How much money was awarded in case 4928233?

Advertising: $230.00 awarded to landlord; Cleaning: $260.00 awarded to landlord; Costs On Early Termination: $637.50 awarded to landlord; Rent Arrears: $4,240.00 awarded to landlord; Replace Matress: $237.00 awarded to landlord; Rubbish Removal: $299.00 awarded to landlord

What type of tenancy dispute was case 4928233?

The primary dispute was Rent arrears. Related themes: Cleanliness.

Where can I read the official tribunal order for case 4928233?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/10671828-Tenancy_Tribunal_Order.pdf.

Unit/Flat 301, 145 Nelson Street, Auckland Central, Tenancy Tribunal Case 4928233 — Rent arrears

Reasons

Claims and awards in Tenancy Tribunal application 4928233 — net $3,663.50 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears	$4,240.00	Rent arrears
Replace matress	$237.00	16. The tenant is ordered to pay $237.00.
Costs on early termination	$637.50	Costs on early termination
Advertising	$230.00	Advertising
Rubbish removal	$299.00	Rubbish removal
Cleaning	$260.00	Cleaning
Net award	$3,663.50
Total payable by Tenant to Landlord	$3,663.50

The landlord attended this remote hearing.

Telephone calls were made to the tenant on the number provided at the allocated hearing time. The calls could not be connected. The Tribunal may hear matters in the absence of a party where satisfied that notice of the hearing had been given. I am satisfied that notice has been given.

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 application for termination was withdrawn.

How much is owed for rent?

The tenancy ended on 31 July 2024. This was a fixed term tenancy through until 10 February 2025. The landlord agreed to the early end to the tenancy, subject to the tenant paying all reasonable reletting costs. The landlord provided rent records which prove the amount owing at the end of the tenancy was $4,240.00.

The landlord provided invoices for reletting costs and advertising. The amounts claimed are reasonable.

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 See section 40(1)(e)(ii)-(v) Residential Tenancies Act 1986.

The tenant did not leave the premises reasonably clean and tidy, and did not remove all rubbish. The landlord provided photos of the premises and invoices for cleaning and rubbish removal in support of their claim. The amounts claimed are reasonable.

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. The landlord is insured. The policy carries an excess of $500.00.

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.

A mattress was damaged during the tenancy. The damage is more than fair wear and tear, and the tenant has not disproved liability for the damage. The mattress was 5 years old. The landlord provided an invoice for $474.00 to replace the mattress.

The tenant is ordered to pay $237.00. I have taken into account 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 calculating depreciation, I have taken into account the age and condition of the items at the start of the tenancy and their likely useful lifespan.

As Auckland City-Living Management Limited As Agent For Li Wang has wholly succeeded with the claim I must order the tenant to reimburse the filing fee.

Claims and awards in Tenancy Tribunal application 4928233 — net $3,663.50 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears	$4,240.00	Rent arrears
Replace matress	$237.00	16. The tenant is ordered to pay $237.00.
Costs on early termination	$637.50	Costs on early termination
Advertising	$230.00	Advertising
Rubbish removal	$299.00	Rubbish removal
Cleaning	$260.00	Cleaning
Net award	$3,663.50
Total payable by Tenant to Landlord	$3,663.50

Order

Elie Dongala Bumba must pay Auckland City-Living Management Limited As Agent For Li Wang $3,663.50 immediately, calculated as shown in table below.
The Bond Centre is to pay the bond of $2,240.00 (6252626-007) to Auckland City-Living Management Limited As Agent For Li Wang immediately.

Reasons

The landlord attended this remote hearing.
Telephone calls were made to the tenant on the number provided at the allocated hearing time. The calls could not be connected. The Tribunal may hear matters in the absence of a party where satisfied that notice of the hearing had been given. I am satisfied that notice has been given.
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 application for termination was withdrawn.

How much is owed for rent?

The tenancy ended on 31 July 2024. This was a fixed term tenancy through until 10 February 2025. The landlord agreed to the early end to the tenancy, subject to the tenant paying all reasonable reletting costs. The landlord provided rent records which prove the amount owing at the end of the tenancy was $4,240.00.
The landlord provided invoices for reletting costs and advertising. The amounts claimed are reasonable.

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 See section 40(1)(e)(ii)-(v) Residential Tenancies Act 1986.
The tenant did not leave the premises reasonably clean and tidy, and did not remove all rubbish. The landlord provided photos of the premises and invoices for cleaning and rubbish removal in support of their claim. The amounts claimed are reasonable.

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. The landlord is insured. The policy carries an excess of $500.00.
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.
A mattress was damaged during the tenancy. The damage is more than fair wear and tear, and the tenant has not disproved liability for the damage. The mattress was 5 years old. The landlord provided an invoice for $474.00 to replace the mattress.
The tenant is ordered to pay $237.00. I have taken into account 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 calculating depreciation, I have taken into account the age and condition of the items at the start of the tenancy and their likely useful lifespan.
As Auckland City-Living Management Limited As Agent For Li Wang has wholly succeeded with the claim I must order the tenant to reimburse the filing fee.

Tenancy Tribunal case 4928233 — Rent arrears at Unit/Flat 301, 145 Nelson Street, Auckland Central,

At a glance

Tenancy Tribunal case 4928233 — Rent arrears at Unit/Flat 301, 145 Nelson Street, Auckland Central,

At a glance

Award balance

Claims & awards

Order

Reasons

How much is owed for rent?

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?

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