What was the outcome of Tenancy Tribunal case 5066452?

The tribunal order states: Tania Ngahuia Tangira must pay Auckland Property Management Solutions

How much money was awarded in case 5066452?

Filing Fee: $27.00 awarded to landlord; Property Damage: $230.00 awarded to landlord; Property Damage: $560.00 awarded to landlord; Rent Arrears: $4,905.17 awarded to landlord; Water Rates: $2,810.16 awarded to landlord

What type of tenancy dispute was case 5066452?

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

Where can I read the official tribunal order for case 5066452?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/11468541-Tenancy_Tribunal_Order.pdf.

What was the outcome of Tenancy Tribunal case 5066452?

The tribunal order states: Tania Ngahuia Tangira must pay Auckland Property Management Solutions

How much money was awarded in case 5066452?

Filing Fee: $27.00 awarded to landlord; Property Damage: $230.00 awarded to landlord; Property Damage: $560.00 awarded to landlord; Rent Arrears: $4,905.17 awarded to landlord; Water Rates: $2,810.16 awarded to landlord

What type of tenancy dispute was case 5066452?

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

Where can I read the official tribunal order for case 5066452?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/11468541-Tenancy_Tribunal_Order.pdf.

4A Rongo Road, Royal Oak, Auckland 1023 Tenancy Tribunal Case 5066452 — Rent arrears

Order

Claims and awards in Tenancy Tribunal application 5066452 — net $5,132.33 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears to 18 September 2024	$4,905.17	Rent arrears to 18 September 2024
Window repairs	$230.00	Window repairs
Lock/key replacement	$560.00	Lock/key replacement
Water rates	$2,810.16	Water rates
Filing fee reimbursement	$27.00	Filing fee reimbursement
Net award	$5,132.33
Total payable by Tenant to Landlord	$5,132.33

Tania Ngahuia Tangira must pay Auckland Property Management Solutions Limited (T/A Ray White Youngs) - As Agent For Amazing City Limited, Jk Estate Limited & Tong Ye Limited $5,132.33 immediately, calculated as shown in table below.

The Bond Centre is to pay the bond of $3,400.00 (5099299-003) to Auckland Property Management Solutions Limited (T/A Ray White Youngs) - As Agent For Amazing City Limited, Jk Estate Limited & Tong Ye Limited immediately.

Reasons

The landlord attended the hearing. The tenant did not.

The landlord withdrew most of their claims for compensation at the hearing except for those relating to window repairs and key/lock replacement.

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

As the applicant, the landlord must prove their claim to the civil law standard of proof, on the balance of probabilities.

How much is owed for rent and water rates?

The tenancy ended on 18 September 2024. The landlord provided rent records and water rates invoices which prove the amounts owing at the end of the tenancy. Rent arrears are $4,905.71 and outstanding water rates are $2,810.16.

The landlord’s claims for rent arrears and outstanding water rates are granted in full for these amounts.

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 landlord gave evidence that the tenant did not return the keys. The landlord replaced the keys and locks at a cost of $560.00 (including GST) and submitted an invoice for this amount.

The landlord’s claim for compensation for key/lock replacement is granted in full for $560.00.

The amounts ordered is 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.

The landlord claims the tenant broke a window in the garage during the tenancy. The landlord submitted a photograph of the garage window at the beginning of the tenancy. It is intact. The landlord submitted a photograph of the garage window at the end of the tenancy. It is broken.

On the balance of probabilities, I find that the tenant broke the garage window during the tenancy. The damage is more than fair wear and tear, and the tenant has not disproved liability.

The landlord submitted an invoice for $230.00 (including GST) to repair the window.

The landlord’s claim for compensation to repair the window is granted in full for this amount.

The amount ordered is proved.

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. In calculating depreciation, I have taken into account the age and condition of the items at the start of the tenancy and their likely useful lifespan. Filing fee

Because Auckland Property Management Solutions Limited (T/A Ray White Youngs) - As Agent For Amazing City Limited, Jk Estate Limited & Tong Ye Limited has wholly succeeded with the claim I must reimburse the filing fee.

Claims and awards in Tenancy Tribunal application 5066452 — net $5,132.33 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears to 18 September 2024	$4,905.17	Rent arrears to 18 September 2024
Window repairs	$230.00	Window repairs
Lock/key replacement	$560.00	Lock/key replacement
Water rates	$2,810.16	Water rates
Filing fee reimbursement	$27.00	Filing fee reimbursement
Net award	$5,132.33
Total payable by Tenant to Landlord	$5,132.33

Order

Tania Ngahuia Tangira must pay Auckland Property Management Solutions Limited (T/A Ray White Youngs) - As Agent For Amazing City Limited, Jk Estate Limited & Tong Ye Limited $5,132.33 immediately, calculated as shown in table below.
The Bond Centre is to pay the bond of $3,400.00 (5099299-003) to Auckland Property Management Solutions Limited (T/A Ray White Youngs) - As Agent For Amazing City Limited, Jk Estate Limited & Tong Ye Limited immediately.

Reasons

The landlord attended the hearing. The tenant did not.
The landlord withdrew most of their claims for compensation at the hearing except for those relating to window repairs and key/lock replacement.
The landlord has applied for rent arrears, outstanding water rates, compensation, refund of the bond, and reimbursement of the filing fee following the end of the tenancy.
As the applicant, the landlord must prove their claim to the civil law standard of proof, on the balance of probabilities.

How much is owed for rent and water rates?

The tenancy ended on 18 September 2024. The landlord provided rent records and water rates invoices which prove the amounts owing at the end of the tenancy. Rent arrears are $4,905.71 and outstanding water rates are $2,810.16.
The landlord’s claims for rent arrears and outstanding water rates are granted in full for these amounts.

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 landlord gave evidence that the tenant did not return the keys. The landlord replaced the keys and locks at a cost of $560.00 (including GST) and submitted an invoice for this amount.
The landlord’s claim for compensation for key/lock replacement is granted in full for $560.00.
The amounts ordered is 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.
The landlord claims the tenant broke a window in the garage during the tenancy. The landlord submitted a photograph of the garage window at the beginning of the tenancy. It is intact. The landlord submitted a photograph of the garage window at the end of the tenancy. It is broken.
On the balance of probabilities, I find that the tenant broke the garage window during the tenancy. The damage is more than fair wear and tear, and the tenant has not disproved liability.
The landlord submitted an invoice for $230.00 (including GST) to repair the window.
The landlord’s claim for compensation to repair the window is granted in full for this amount.
The amount ordered is proved.
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. In calculating depreciation, I have taken into account the age and condition of the items at the start of the tenancy and their likely useful lifespan. Filing fee
Because Auckland Property Management Solutions Limited (T/A Ray White Youngs) - As Agent For Amazing City Limited, Jk Estate Limited & Tong Ye Limited has wholly succeeded with the claim I must reimburse the filing fee.

Tenancy Tribunal case 5066452 — Rent arrears at 4A Rongo Road, Royal Oak, Auckland 1023

At a glance

Tenancy Tribunal case 5066452 — Rent arrears at 4A Rongo Road, Royal Oak, Auckland 1023

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