What was the outcome of Tenancy Tribunal case 5012488?

The tribunal order states: Storm Kahu Lawson must pay Farihah Properties Ltd $4,598.34 immediately,

How much money was awarded in case 5012488?

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 5012488?

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

Where can I read the official tribunal order for case 5012488?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/11188173-Tenancy_Tribunal_Order.pdf.

What was the outcome of Tenancy Tribunal case 5012488?

The tribunal order states: Storm Kahu Lawson must pay Farihah Properties Ltd $4,598.34 immediately,

How much money was awarded in case 5012488?

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 5012488?

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

Where can I read the official tribunal order for case 5012488?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/11188173-Tenancy_Tribunal_Order.pdf.

38 Lanigan Street, Birkdale, Auckland 0626 Tenancy Tribunal Case 5012488 — Cleanliness

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Reasons

The landlord attended the hearing. The tenant did not attend and was unable to be contacted by phone.

The landlord has applied for rent arrears, compensation, refund of the bond, and reimbursement of the filing fee following the end of the tenancy.

How much is owed for rent?

The tenancy ended when the tenant vacated without prior notice and stopped paying rent.

The landlord provided rent records which prove the amount owing at the end of the tenancy, allowing for rent in lieu of notice on 25 September 2024.

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.

Exit inspection photographs show that the tenant did not leave the premises reasonably clean and tidy. A large quantity of rubbish was left that the landlord had to have removed.

The amount paid by the landlord to have the rubbish removed and the premises brought to a reasonably clean and tidy condition is proved by the invoices provided

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.

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.

The exit photographs show significant damage to walls at the premises with holes that required plastering and painting. Glass in the door was broken. The carpet was damaged and required a patch repair. I am satisfied that the damage occurred during the tenancy and is more than fair wear and tear. The landlord is entitled to compensation for the repair cost as proved by the invoices provided.

Insurance was not available to the landlord as the damage was assessed as malicious.

Plumbing invoices from callouts to the premises show that the callouts were for repair of the toilet after “Cistern bolts broke due to excess weight on cistern tank” and for servicing the toilet pump after “Sock and other fibrous material found jammed in macerator causing issue.”

I am satisfied that those callout costs were caused by carelessness on the tenant’s part and the landlord is entitled to be reimbursed those costs, as proved by the invoices provided.

As the landlord has succeeded with its claim I reimburse the filing fee.

The agreement provides for a bond of $1,900.00 and the landlord claims the bond to offset the sum owed. The Bond Centre does not have records for the bond having been lodged.

Reasons

The landlord attended the hearing. The tenant did not attend and was unable to be contacted by phone.

The landlord has applied for rent arrears, compensation, refund of the bond, and reimbursement of the filing fee following the end of the tenancy.

How much is owed for rent?

The tenancy ended when the tenant vacated without prior notice and stopped paying rent.

The landlord provided rent records which prove the amount owing at the end of the tenancy, allowing for rent in lieu of notice on 25 September 2024.

Did the tenant comply with their obligations at the end of the tenancy?

Exit inspection photographs show that the tenant did not leave the premises reasonably clean and tidy. A large quantity of rubbish was left that the landlord had to have removed.

The amount paid by the landlord to have the rubbish removed and the premises brought to a reasonably clean and tidy condition is proved by the invoices provided

Is the tenant responsible for the damage to the premises?

Insurance was not available to the landlord as the damage was assessed as malicious.

I am satisfied that those callout costs were caused by carelessness on the tenant’s part and the landlord is entitled to be reimbursed those costs, as proved by the invoices provided.

As the landlord has succeeded with its claim I reimburse the filing fee.

The agreement provides for a bond of $1,900.00 and the landlord claims the bond to offset the sum owed. The Bond Centre does not have records for the bond having been lodged.

Tenancy Tribunal case 5012488 — Cleanliness at 38 Lanigan Street, Birkdale, Auckland 0626

Tenancy Tribunal case 5012488 — Cleanliness at 38 Lanigan Street, Birkdale, Auckland 0626

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?

Property management

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?

Property management