What was the outcome of Tenancy Tribunal case 4982751?

The tribunal order states: 360 Property Management Limited must pay Terri Janelle Black $148.65

How much money was awarded in case 4982751?

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 4982751?

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

Where can I read the official tribunal order for case 4982751?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/11213180-Tenancy_Tribunal_Order.pdf.

What was the outcome of Tenancy Tribunal case 4982751?

The tribunal order states: 360 Property Management Limited must pay Terri Janelle Black $148.65

How much money was awarded in case 4982751?

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 4982751?

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

Where can I read the official tribunal order for case 4982751?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/11213180-Tenancy_Tribunal_Order.pdf.

52 Sheehan Avenue, Papakura, Papakura 2110 Tenancy Tribunal Case 4982751 — Rent arrears

Order

360 Property Management Limited must pay Terri Janelle Black $148.65 immediately, calculated as shown in table below.
The Bond Centre is to pay the bond of $2,240.00 (5623097-007) to Terri Janelle Black immediately.

Reasons

Both parties attended the hearing.
The landlord has applied for rent arrears, compensation and refund of the bond following the end of the tenancy. The tenant has applied for compensation for the landlord’s failure to maintain the premises.

How much is owed for rent and water rates?

The tenancy ended on 5 June 2024 but keys were only returned on 13 June 2024. 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 did not leave the premises reasonably clean and tidy. The amount ordered for cleaning charges is proved.
As the keys have finally been returned, the landlord’s claim for lock/key replacement costs fails.

Is the landlord liable for failing to ensure the premises are safe and secure?

A landlord must provide and maintain such locks and other similar devices as are necessary to ensure that the premises are reasonably secure. See section 46 of the Residential Tenancies Act 1986
On 27 April 2024, the tenant reported to the landlord about an intruder breaking into the premises in the early hours of the morning. The landlord was advised that there were issues with the sliding door (which did not have a latch) and the bolt to the door being damaged from the incident. However, nothing was done by the landlord to inspect and ensure that the premises are reasonably secure from then until the end of the tenancy in June 2024.
The landlord’s property manager admits that he had informed the overseas owner about needing to address the reported security issues but the owner had not authorised any repairs to be done.
I award the tenant general damages of $500.00 for the stress that they would have felt after the 27 April incident until the end of the tenancy without the security issues being addressed by the landlord.

Is the landlord liable for failing to repair the alarm system?

Terri Janelle Black claims that the landlord has breached their obligations under section 45 of the Residential Tenancies Act 1986.
Under section 45, a landlord must provide and maintain the premises in a reasonable state of repair. This obligation includes chattels and facilities provided to the tenancy.
An alarm system has been provided and installed on the premises at the commencement of the tenancy. A PIN code was also given to the tenant and included on the tenancy agreement.
Shortly after moving into the premises in January 2020, the tenant reported to the landlord that the alarm was malfunctioning. Instead of repairing the alarm system, the landlord simply disabled it by cutting the power to the alarm system.
I consider that the landlord has failed in its obligation to maintain and repair the alarm system in the circumstances. The landlord was obliged to provide a working alarm system and repair it instead of merely disabling it permanently during the tenancy.
I award the tenant compensation of $500.00 for the landlord’s failure to provide and maintain the alarm system in a reasonable state of repair during the 4 and half year tenancy.
Only the above amounts are proved.
I direct the bond to be returned to the tenant as set out in the table above.

Order

360 Property Management Limited must pay Terri Janelle Black $148.65 immediately, calculated as shown in table below.
The Bond Centre is to pay the bond of $2,240.00 (5623097-007) to Terri Janelle Black immediately.

Reasons

Both parties attended the hearing.
The landlord has applied for rent arrears, compensation and refund of the bond following the end of the tenancy. The tenant has applied for compensation for the landlord’s failure to maintain the premises.

How much is owed for rent and water rates?

The tenancy ended on 5 June 2024 but keys were only returned on 13 June 2024. 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 did not leave the premises reasonably clean and tidy. The amount ordered for cleaning charges is proved.
As the keys have finally been returned, the landlord’s claim for lock/key replacement costs fails.

Is the landlord liable for failing to ensure the premises are safe and secure?

A landlord must provide and maintain such locks and other similar devices as are necessary to ensure that the premises are reasonably secure. See section 46 of the Residential Tenancies Act 1986
On 27 April 2024, the tenant reported to the landlord about an intruder breaking into the premises in the early hours of the morning. The landlord was advised that there were issues with the sliding door (which did not have a latch) and the bolt to the door being damaged from the incident. However, nothing was done by the landlord to inspect and ensure that the premises are reasonably secure from then until the end of the tenancy in June 2024.
The landlord’s property manager admits that he had informed the overseas owner about needing to address the reported security issues but the owner had not authorised any repairs to be done.
I award the tenant general damages of $500.00 for the stress that they would have felt after the 27 April incident until the end of the tenancy without the security issues being addressed by the landlord.

Is the landlord liable for failing to repair the alarm system?

Terri Janelle Black claims that the landlord has breached their obligations under section 45 of the Residential Tenancies Act 1986.
Under section 45, a landlord must provide and maintain the premises in a reasonable state of repair. This obligation includes chattels and facilities provided to the tenancy.
An alarm system has been provided and installed on the premises at the commencement of the tenancy. A PIN code was also given to the tenant and included on the tenancy agreement.
Shortly after moving into the premises in January 2020, the tenant reported to the landlord that the alarm was malfunctioning. Instead of repairing the alarm system, the landlord simply disabled it by cutting the power to the alarm system.
I consider that the landlord has failed in its obligation to maintain and repair the alarm system in the circumstances. The landlord was obliged to provide a working alarm system and repair it instead of merely disabling it permanently during the tenancy.
I award the tenant compensation of $500.00 for the landlord’s failure to provide and maintain the alarm system in a reasonable state of repair during the 4 and half year tenancy.
Only the above amounts are proved.
I direct the bond to be returned to the tenant as set out in the table above.

Tenancy Tribunal case 4982751 — Rent arrears at 52 Sheehan Avenue, Papakura, Papakura 2110

Tenancy Tribunal case 4982751 — Rent arrears at 52 Sheehan Avenue, Papakura, Papakura 2110

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 landlord liable for failing to ensure the premises are safe and secure?

Is the landlord liable for failing to repair the alarm system?

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 landlord liable for failing to ensure the premises are safe and secure?

Is the landlord liable for failing to repair the alarm system?

Property management