How much money was awarded in case 5032628?

Cleaning: $1,000.00 awarded to landlord; Filing Fee: $27.00 awarded to landlord; Property Damage: $1,886.00 awarded to landlord; Rent Arrears: $1,600.00 awarded to landlord; Water Rates: $69.92 awarded to landlord

What type of tenancy dispute was case 5032628?

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

Where can I read the official tribunal order for case 5032628?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/11167299-Tenancy_Tribunal_Order.pdf.

How much money was awarded in case 5032628?

Cleaning: $1,000.00 awarded to landlord; Filing Fee: $27.00 awarded to landlord; Property Damage: $1,886.00 awarded to landlord; Rent Arrears: $1,600.00 awarded to landlord; Water Rates: $69.92 awarded to landlord

What type of tenancy dispute was case 5032628?

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

Where can I read the official tribunal order for case 5032628?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/11167299-Tenancy_Tribunal_Order.pdf.

4B Old Wairoa Road, Papakura, Papakura 2110 Tenancy Tribunal Case 5032628 — Property damage

Q: What was the outcome of Tenancy Tribunal case 5032628?

The tribunal order states: Zakir Hussein and Arafah Hussein must pay Auckland City-Living Management

Order

Claims and awards in Tenancy Tribunal application 5032628 — net $1,462.92 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears to 20 November 2024	$1,600.00	Rent arrears to 20 November 2024
Water rates	$69.92	Water rates
Cleaning and carpet cleaning	$1,000.00	Cleaning and carpet cleaning
Repairs	$1,886.00	Repairs
Filing fee reimbursement	$27.00	Filing fee reimbursement
Net award	$1,462.92
Total payable by Tenant to Landlord	$1,462.92

Zakir Hussein and Arafah Hussein must pay Auckland City-Living Management Limited - As Agent For Aaa Solution Ltd $1,462.92 immediately, calculated as shown in table below.

The Bond Centre is to pay the bond of $3,120.00 (5339903-009) to Auckland City-Living Management Limited - As Agent For Aaa Solution Ltd immediately.

Reasons

The landlord attended the hearing. The tenant was called on the number provided but the person who answered is not connected with the tenant. The landlord confirmed the number was provided by the tenant, so the hearing proceeded. The absence of a party does not prevent the matter from being heard and determined.

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 and water rates?

The tenancy ended on 20 November 2024. The landlord provided rent records and a water rates invoice which prove the amount owing at the end of the tenancy. I have deducted fixed charges from the water invoice as the tenant is not liable for these type of charges.

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, and the carpets were heavily stained.

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 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 during the tenancy: paintwork damaged in kitchen/lounge and stairway, cabinet board in kitchen swollen with water damage, blocked dishwasher, and the bottom of a kitchen drawer was damaged. The damage is more than fair wear and tear, and the tenant has not disproved liability for the damage.

The amounts ordered are proved.

I decline to make any order for replacement toilet seats as this can be attributed to fair wear and tear.

Because Auckland City-Living Management Limited - As Agent For Aaa Solution Ltd has partly succeeded with the claim, the tenant must reimburse the filing fee.

Claims and awards in Tenancy Tribunal application 5032628 — net $1,462.92 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears to 20 November 2024	$1,600.00	Rent arrears to 20 November 2024
Water rates	$69.92	Water rates
Cleaning and carpet cleaning	$1,000.00	Cleaning and carpet cleaning
Repairs	$1,886.00	Repairs
Filing fee reimbursement	$27.00	Filing fee reimbursement
Net award	$1,462.92
Total payable by Tenant to Landlord	$1,462.92

Order

Zakir Hussein and Arafah Hussein must pay Auckland City-Living Management Limited - As Agent For Aaa Solution Ltd $1,462.92 immediately, calculated as shown in table below.
The Bond Centre is to pay the bond of $3,120.00 (5339903-009) to Auckland City-Living Management Limited - As Agent For Aaa Solution Ltd immediately.

Reasons

The landlord attended the hearing. The tenant was called on the number provided but the person who answered is not connected with the tenant. The landlord confirmed the number was provided by the tenant, so the hearing proceeded. The absence of a party does not prevent the matter from being heard and determined.
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 and water rates?

The tenancy ended on 20 November 2024. The landlord provided rent records and a water rates invoice which prove the amount owing at the end of the tenancy. I have deducted fixed charges from the water invoice as the tenant is not liable for these type of charges.

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, and the carpets were heavily stained.
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 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 during the tenancy: paintwork damaged in kitchen/lounge and stairway, cabinet board in kitchen swollen with water damage, blocked dishwasher, and the bottom of a kitchen drawer was damaged. The damage is more than fair wear and tear, and the tenant has not disproved liability for the damage.
The amounts ordered are proved.
I decline to make any order for replacement toilet seats as this can be attributed to fair wear and tear.
Because Auckland City-Living Management Limited - As Agent For Aaa Solution Ltd has partly succeeded with the claim, the tenant must reimburse the filing fee.

Tenancy Tribunal case 5032628 — Property damage at 4B Old Wairoa Road, Papakura, Papakura 2110

At a glance

Tenancy Tribunal case 5032628 — Property damage at 4B Old Wairoa Road, Papakura, Papakura 2110

At a glance

Award balance

Claims & awards

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 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 and water rates?

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