How much money was awarded in case 5029528?

Cleaning: $920.00 awarded to landlord; Filing Fee: $27.00 awarded to landlord; Rent Arrears: $13,140.00 awarded to landlord; Carpets In Lounge And All Bedrooms: $1,667.50 awarded to landlord; Property Damage: $1,035.00 awarded to landlord; Toilet And Bathroom Walls: $632.50 awarded to landlord; Two Broken Windows: $460.00 awarded to landlord; Rubbish Removal: $2,012.50 awarded to landlord

What type of tenancy dispute was case 5029528?

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

Where can I read the official tribunal order for case 5029528?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/11484538-Tenancy_Tribunal_Order.pdf.

How much money was awarded in case 5029528?

Cleaning: $920.00 awarded to landlord; Filing Fee: $27.00 awarded to landlord; Rent Arrears: $13,140.00 awarded to landlord; Carpets In Lounge And All Bedrooms: $1,667.50 awarded to landlord; Property Damage: $1,035.00 awarded to landlord; Toilet And Bathroom Walls: $632.50 awarded to landlord; Two Broken Windows: $460.00 awarded to landlord; Rubbish Removal: $2,012.50 awarded to landlord

What type of tenancy dispute was case 5029528?

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

Where can I read the official tribunal order for case 5029528?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/11484538-Tenancy_Tribunal_Order.pdf.

39 Cosgrave Road, Papakura, Papakura 2110 Tenancy Tribunal Case 5029528 — Rent arrears

Q: What was the outcome of Tenancy Tribunal case 5029528?

The tribunal order states: The tenancy of Kailey-Riis Williams at 39 Cosgrave Road, Papakura, Papakura

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Order

Claims and awards in Tenancy Tribunal application 5029528 — net $17,374.50 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears to 25/02/25	$13,140.00	Rent arrears to 25/02/25
Cleaning	$920.00	Cleaning
Rubbish removal	$2,012.50	Rubbish removal
Repairs: Carpets in lounge and all bedrooms	$1,667.50	Repairs: Carpets in lounge and all bedrooms
Repairs: Toilet and bathroom walls	$632.50	Repairs: Toilet and bathroom walls
Repairs: Exterior paint damage	$1,035.00	Repairs: Exterior paint damage
Repairs: Two broken windows	$460.00	Repairs: Two broken windows
Filing fee reimbursement	$27.00	Filing fee reimbursement
Net award	$17,374.50
Total payable by Tenant to Landlord	$17,374.50

The tenancy of Kailey-Riis Williams at 39 Cosgrave Road, Papakura, Papakura 2110 is terminated, and possession is granted to Csi Property Management Limited As Agent For Waiari Enterprize Limited Umair Ghazanfar, at 11:59pm on Tuesday 25 February 2025.

The Bond Centre is to pay the bond of $2,520.00 (6428703-009) to Csi Property Management Limited As Agent For Waiari Enterprize Limited Umair Ghazanfar immediately.

Kailey-Riis Williams must pay Csi Property Management Limited As Agent For Waiari Enterprize Limited Umair Ghazanfar $17,374.50 immediately, calculated as shown in the table below:

Reasons

The landlord attended the hearing. The tenant did not.

I am satisfied that the tenant had received proper notice of the hearing time, date and place and chose not to attend.

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

Should the tenancy be terminated?

Section 55(1)(a) of the Residential Tenancies Act 1986 (RTA) confirms that the Tribunal shall make an order terminating the tenancy if it is satisfied that the rent was, at the date on which the application was filed under section 86, at least 21 days in arrears.

The tenant’s rent was at least 21 days in arrears on the date the application was filed, being 9 October 2024. The tenancy was still in significant arrears as at today. The Tribunal in this matter has no discretion as it would be unconscionable for it not to terminate the tenancy.

The tenancy is terminated, and possession granted to the landlord.

The tenancy ends at 11:59pm today, but because the landlord cannot, pursuant to section 138(1)(a) of the District Court Act 2016, enforce the eviction order for 48 hours, and is unlikely to be able to take possession of the premise until 27 February 2025. This gives the tenant time to move any belongings out of the premise that she wants to retain.

The landlord provided rent records which prove the amount owing at the end of the tenancy. Did the tenant comply with her obligations to keep the premise in a reasonable state of cleanliness and tidiness?

The tenant must keep the premises reasonably clean and tidy. See section 40(1)(c) of the Residential Tenancies Act 1986 (“RTA”).

The property inspection reports dated18 July 2024 and 26 September 2024 prove the tenant did not keep the premises reasonably clean and tidy and did not remove all her rubbish.

The landlord issued a 14-day notice to the tenant on 2 August 2024, requesting that she clean up the rubbish, repair the damage to the premise, clean the premise and remove the dog from the premise.

The tenant did not undertake the required remediation work listed in the 14 day notice in the required timeframe.

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 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.

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.

The following damage was caused carelessly during the tenancy: a. The toilet and bathroom walls were damaged and needed repair and paint; and b. There was damage to an exterior wall that needed to be plastered, sanded and painted; and c. There were two broken windows; and d. The carpet needed repair in the lounge and all the bedrooms.

The evidence produced by the landlord proves on the balance of probabilities that this damage is more than fair wear and tear and is the result of careless acts or omissions by the tenant or persons in the premise with the tenant’s consent. The tenant did not attend the hearing today and has not submitted any evidence to the Tribunal disproved liability for the damage.

The amounts ordered are proved.

I have considered 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 considered the age and condition of the items at the start of the tenancy and their likely useful lifespan. Reimbursement of filing fee

Because Csi Property Management Limited As Agent For Waiari Enterprize Limited Umair Ghazanfar has wholly succeeded with the claim I must reimburse the filing fee.

Order

Claims and awards in Tenancy Tribunal application 5029528 — net $17,374.50 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears to 25/02/25	$13,140.00	Rent arrears to 25/02/25
Cleaning	$920.00	Cleaning
Rubbish removal	$2,012.50	Rubbish removal
Repairs: Carpets in lounge and all bedrooms	$1,667.50	Repairs: Carpets in lounge and all bedrooms
Repairs: Toilet and bathroom walls	$632.50	Repairs: Toilet and bathroom walls
Repairs: Exterior paint damage	$1,035.00	Repairs: Exterior paint damage
Repairs: Two broken windows	$460.00	Repairs: Two broken windows
Filing fee reimbursement	$27.00	Filing fee reimbursement
Net award	$17,374.50
Total payable by Tenant to Landlord	$17,374.50

The Bond Centre is to pay the bond of $2,520.00 (6428703-009) to Csi Property Management Limited As Agent For Waiari Enterprize Limited Umair Ghazanfar immediately.

Kailey-Riis Williams must pay Csi Property Management Limited As Agent For Waiari Enterprize Limited Umair Ghazanfar $17,374.50 immediately, calculated as shown in the table below:

Reasons

The landlord attended the hearing. The tenant did not.

I am satisfied that the tenant had received proper notice of the hearing time, date and place and chose not to attend.

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

Should the tenancy be terminated?

The tenancy is terminated, and possession granted to the landlord.

The tenant must keep the premises reasonably clean and tidy. See section 40(1)(c) of the Residential Tenancies Act 1986 (“RTA”).

The property inspection reports dated18 July 2024 and 26 September 2024 prove the tenant did not keep the premises reasonably clean and tidy and did not remove all her rubbish.

The landlord issued a 14-day notice to the tenant on 2 August 2024, requesting that she clean up the rubbish, repair the damage to the premise, clean the premise and remove the dog from the premise.

The tenant did not undertake the required remediation work listed in the 14 day notice in the required timeframe.

The amounts ordered are proved.

Is the tenant responsible for the damage to the premises?

The amounts ordered are proved.

Because Csi Property Management Limited As Agent For Waiari Enterprize Limited Umair Ghazanfar has wholly succeeded with the claim I must reimburse the filing fee.

Tenancy Tribunal case 5029528 — Rent arrears at 39 Cosgrave Road, Papakura, Papakura 2110

At a glance

Tenancy Tribunal case 5029528 — Rent arrears at 39 Cosgrave Road, Papakura, Papakura 2110

At a glance

Award balance

Claims & awards

Order

Reasons

Should the tenancy be terminated?

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

Should the tenancy be terminated?

Is the tenant responsible for the damage to the premises?

Topics & place

Residential Tenancies Act sections

Key findings

Property management

Frequently asked questions