What was the outcome of Tenancy Tribunal case 5033651?

The tribunal order states: Tran Cu, Doan Van Phuong, Nguyen Van Long, Nguyen Tien Luc, SANG

How much money was awarded in case 5033651?

Cleaning: $276.00 awarded to landlord; Filing Fee: $27.00 awarded to landlord; Property Damage: $27.00 awarded to landlord; Rent Arrears: $4,620.00 awarded to landlord; Garage Door Motor: $391.00 awarded to landlord; Gas Hob: $320.85 awarded to landlord; Gate: $100.00 awarded to landlord; Toilet Seat: $75.00 awarded to landlord; Water Rates: $116.44 awarded to landlord

What type of tenancy dispute was case 5033651?

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

Where can I read the official tribunal order for case 5033651?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/11579201-Tenancy_Tribunal_Order.pdf.

What was the outcome of Tenancy Tribunal case 5033651?

The tribunal order states: Tran Cu, Doan Van Phuong, Nguyen Van Long, Nguyen Tien Luc, SANG

How much money was awarded in case 5033651?

Cleaning: $276.00 awarded to landlord; Filing Fee: $27.00 awarded to landlord; Property Damage: $27.00 awarded to landlord; Rent Arrears: $4,620.00 awarded to landlord; Garage Door Motor: $391.00 awarded to landlord; Gas Hob: $320.85 awarded to landlord; Gate: $100.00 awarded to landlord; Toilet Seat: $75.00 awarded to landlord; Water Rates: $116.44 awarded to landlord

What type of tenancy dispute was case 5033651?

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

Where can I read the official tribunal order for case 5033651?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/11579201-Tenancy_Tribunal_Order.pdf.

41A Baverstock Road, Flat Bush, Auckland 2016 Tenancy Tribunal Case 5033651 — Rent arrears

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41A Baverstock Road, Flat Bush, Auckland 2016 Tenancy Tribunal Case 5033651 — Rent arrears | TenantCheck

Claims & awards

What this tenancy cost at tribunal — claim, category, amount, and party awarded, with reconciled net total.

Claims and awards in Tenancy Tribunal application 5033651 — net $2,033.29 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears to 18.10.2024	$4,620.00	Rent arrears to 18.10.2024
Water rates	$116.44	Water rates
Repairs: gate	$100.00	Repairs: gate
Cleaning	$276.00	Cleaning
Repairs: gas hob	$320.85	Repairs: gas hob
Repairs: garage door motor	$391.00	Repairs: garage door motor
Repairs: toilet seat	$75.00	Repairs: toilet seat
Lock/key replacement	$27.00	Lock/key replacement
Filing fee reimbursement	$27.00	Filing fee reimbursement
Net award	$2,033.29
Total payable by Tenant to Landlord	$2,033.29

Claims and awards for application 5033651 — net $2,033.29 NZD. Verify on MoJ.

Rent arrears to 18.10.2024

Amount: $4,620.00
Awarded to: Landlord
Reason: Rent arrears to 18.10.2024

Water rates

Amount: $116.44
Awarded to: Landlord
Reason: Water rates

Repairs: gate

Amount: $100.00
Awarded to: Landlord
Reason: Repairs: gate

Cleaning

Amount: $276.00
Awarded to: Landlord
Reason: Cleaning

Repairs: gas hob

Amount: $320.85
Awarded to: Landlord
Reason: Repairs: gas hob

Repairs: garage door motor

Claim types — money lines allowed on this order

Cleanliness Filing Fee Property damage Rent arrears Water Rates

Order

Tran Cu, Doan Van Phuong, Nguyen Van Long, Nguyen Tien Luc, SANG CONG TRAN and Pham Thi Camly must pay Sunnyville Property Management Nz Limited As Agent For The Tailay Trust $2,033.29 immediately, calculated as shown in table below.
The Bond Centre is to pay the bond of $3,920.00 (3398011-009) to Sunnyville Property Management Nz Limited As Agent For The Tailay Trust immediately.

Reasons

Only the landlord attended the hearing. I am satisfied the tenant has been served notice of the hearing in accordance with the Residential Tenancies Act, 1986 and the tenant has not requested an adjournment. Because of this, the hearing was conducted in the tenant’s absence.
The landlord has applied for rent arrears, compensation, damages, 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 was a fixed term tenancy that was due to end on 5 November 2024, but which ended early due to the tenants moving out, probably in the week of 14 September 2024. On 19 October 2024 new tenants moved into the premises. The landlord is therefore seeking rent arrears until 18 October 2024. The landlord provided rent records and water rates invoices which prove the amounts owing at the end of the tenancy were $4,620.00 for rent arrears and $116.44 for water rates.

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.
In the hearing the landlord stated that the tenant did not leave the premises reasonably clean and tidy, and did not remove all rubbish. The landlord stated the gardens were left with long grass. The landlord produced an invoice for $1,035.00 for general cleaning.
The landlord did not include any photographs with the application, but did produce some during the hearing. After the hearing, more photographs were emailed through in support of the application.
The photographs show the premises to be less than reasonably clean. In particular the oven, the rangehood and a toilet have not been cleaned, and the garden which is smal,l is overgrown. I accept that photographs do not always clearly show the full extent of the condition of the property, but I get a good idea about the condition the property was left in. I also note however that a landlord may expect to undertake a further deep-clean between tenancies: the standard for a tenant is “reasonably clean and tidy”. I do not see that a cleaning bill of $1,035.00 can be justified in bringing the property up to a reasonably clean and tidy standard. My award is based on 6 hours cleaning at $40.00 per hour plus GST.
Although the tenant returned most of the keys, some were missing and needed to be recut from the landlord’s copy.
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 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 claims the tenant damaged doors, cupboard doors and the fence gate. Invoices for repairs were produced in support of the claim. Photographs produced show the gate to be not hanging correctly. Without the tenant present to explain how the damage occurred I determine that the damage is more than fair wear and tear. The damage does not look to be serious damage however and no explanation was given orally as to what has happened or what is needed to repair it.
This claim is proved. The amount I award is to rehang this gate.
The photographs I have seen do not clearly show damage to the doors or cupboard doors. The landlord stated the hinges were loose. Without more information I cannot determine what damage if any has been caused during the tenancy. I do not find this claim proved.
The landlord gave information that the gas hob was blocked at the end of the tenancy and the gas hob rack was removed. The landlord replaced the gas hob at a cost of $641.70. A receipt was produced in support of the claim. Insurance excess exceeded this amount so no claim was made. On the evidence provided I am satisfied this claim is proved. A reduction is calculated for depreciation and betterment.
The landlord stated that the garage door motor was pulled out. Photographs in support show the motor to apparently be in situ, but with the wires having been pulled out or disconnected. The landlord replaced the motor and provided an invoice in support for $782.00. The claim is approved and again a reduction is calculated for depreciation and betterment.
The landlord claims the toilet seat was broken during the tenancy. On the basis of the landlord’s oral evidence I find this claim proved. An invoice for $150.00 was produced. A reduction is calculated for depreciation and betterment.
As stated, 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.
Because Sunnyville Property Management Nz Limited As Agent For The Tailay Trust has substantially succeeded with the claim I have reimbursed the filing fee.

Claims & awards

What this tenancy cost at tribunal — claim, category, amount, and party awarded, with reconciled net total.

Claims and awards in Tenancy Tribunal application 5033651 — net $2,033.29 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears to 18.10.2024	$4,620.00	Rent arrears to 18.10.2024
Water rates	$116.44	Water rates
Repairs: gate	$100.00	Repairs: gate
Cleaning	$276.00	Cleaning
Repairs: gas hob	$320.85	Repairs: gas hob
Repairs: garage door motor	$391.00	Repairs: garage door motor
Repairs: toilet seat	$75.00	Repairs: toilet seat
Lock/key replacement	$27.00	Lock/key replacement
Filing fee reimbursement	$27.00	Filing fee reimbursement
Net award	$2,033.29
Total payable by Tenant to Landlord	$2,033.29

Claims and awards for application 5033651 — net $2,033.29 NZD. Verify on MoJ.

Rent arrears to 18.10.2024

Amount: $4,620.00
Awarded to: Landlord
Reason: Rent arrears to 18.10.2024

Water rates

Amount: $116.44
Awarded to: Landlord
Reason: Water rates

Repairs: gate

Amount: $100.00
Awarded to: Landlord
Reason: Repairs: gate

Cleaning

Amount: $276.00
Awarded to: Landlord
Reason: Cleaning

Repairs: gas hob

Amount: $320.85
Awarded to: Landlord
Reason: Repairs: gas hob

Repairs: garage door motor

Claim types — money lines allowed on this order

Cleanliness Filing Fee Property damage Rent arrears Water Rates

Order

Tran Cu, Doan Van Phuong, Nguyen Van Long, Nguyen Tien Luc, SANG CONG TRAN and Pham Thi Camly must pay Sunnyville Property Management Nz Limited As Agent For The Tailay Trust $2,033.29 immediately, calculated as shown in table below.
The Bond Centre is to pay the bond of $3,920.00 (3398011-009) to Sunnyville Property Management Nz Limited As Agent For The Tailay Trust immediately.

Reasons

Only the landlord attended the hearing. I am satisfied the tenant has been served notice of the hearing in accordance with the Residential Tenancies Act, 1986 and the tenant has not requested an adjournment. Because of this, the hearing was conducted in the tenant’s absence.
The landlord has applied for rent arrears, compensation, damages, 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 was a fixed term tenancy that was due to end on 5 November 2024, but which ended early due to the tenants moving out, probably in the week of 14 September 2024. On 19 October 2024 new tenants moved into the premises. The landlord is therefore seeking rent arrears until 18 October 2024. The landlord provided rent records and water rates invoices which prove the amounts owing at the end of the tenancy were $4,620.00 for rent arrears and $116.44 for water rates.

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.
In the hearing the landlord stated that the tenant did not leave the premises reasonably clean and tidy, and did not remove all rubbish. The landlord stated the gardens were left with long grass. The landlord produced an invoice for $1,035.00 for general cleaning.
The landlord did not include any photographs with the application, but did produce some during the hearing. After the hearing, more photographs were emailed through in support of the application.
The photographs show the premises to be less than reasonably clean. In particular the oven, the rangehood and a toilet have not been cleaned, and the garden which is smal,l is overgrown. I accept that photographs do not always clearly show the full extent of the condition of the property, but I get a good idea about the condition the property was left in. I also note however that a landlord may expect to undertake a further deep-clean between tenancies: the standard for a tenant is “reasonably clean and tidy”. I do not see that a cleaning bill of $1,035.00 can be justified in bringing the property up to a reasonably clean and tidy standard. My award is based on 6 hours cleaning at $40.00 per hour plus GST.
Although the tenant returned most of the keys, some were missing and needed to be recut from the landlord’s copy.
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 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 claims the tenant damaged doors, cupboard doors and the fence gate. Invoices for repairs were produced in support of the claim. Photographs produced show the gate to be not hanging correctly. Without the tenant present to explain how the damage occurred I determine that the damage is more than fair wear and tear. The damage does not look to be serious damage however and no explanation was given orally as to what has happened or what is needed to repair it.
This claim is proved. The amount I award is to rehang this gate.
The photographs I have seen do not clearly show damage to the doors or cupboard doors. The landlord stated the hinges were loose. Without more information I cannot determine what damage if any has been caused during the tenancy. I do not find this claim proved.
The landlord gave information that the gas hob was blocked at the end of the tenancy and the gas hob rack was removed. The landlord replaced the gas hob at a cost of $641.70. A receipt was produced in support of the claim. Insurance excess exceeded this amount so no claim was made. On the evidence provided I am satisfied this claim is proved. A reduction is calculated for depreciation and betterment.
The landlord stated that the garage door motor was pulled out. Photographs in support show the motor to apparently be in situ, but with the wires having been pulled out or disconnected. The landlord replaced the motor and provided an invoice in support for $782.00. The claim is approved and again a reduction is calculated for depreciation and betterment.
The landlord claims the toilet seat was broken during the tenancy. On the basis of the landlord’s oral evidence I find this claim proved. An invoice for $150.00 was produced. A reduction is calculated for depreciation and betterment.
As stated, 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.
Because Sunnyville Property Management Nz Limited As Agent For The Tailay Trust has substantially succeeded with the claim I have reimbursed the filing fee.

Tenancy Tribunal case 5033651 — Rent arrears at 41A Baverstock Road, Flat Bush, Auckland 2016

At a glance

Tenancy Tribunal case 5033651 — Rent arrears at 41A Baverstock Road, Flat Bush, Auckland 2016

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