What was the outcome of Tenancy Tribunal case 5114248?

The tribunal order states: Lanioakima Reupena and Ray Talutoe must pay Nzpro Property Management

How much money was awarded in case 5114248?

Break Lease Fee: $605.00 awarded to landlord; Filing Fee: $27.00 awarded to landlord; Water Rates: $40.56 awarded to landlord

What type of tenancy dispute was case 5114248?

The dispute type was not classified.

Where can I read the official tribunal order for case 5114248?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/11549165-Tenancy_Tribunal_Order.pdf.

What was the outcome of Tenancy Tribunal case 5114248?

The tribunal order states: Lanioakima Reupena and Ray Talutoe must pay Nzpro Property Management

How much money was awarded in case 5114248?

Break Lease Fee: $605.00 awarded to landlord; Filing Fee: $27.00 awarded to landlord; Water Rates: $40.56 awarded to landlord

What type of tenancy dispute was case 5114248?

The dispute type was not classified.

Where can I read the official tribunal order for case 5114248?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/11549165-Tenancy_Tribunal_Order.pdf.

34B Ventura Street, Mangere, Auckland 2022 Tenancy Tribunal Case 5114248 — Tenancy dispute

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Reasons

Claims and awards in Tenancy Tribunal application 5114248 — net $672.56 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Water rates	$40.56	Water rates
Break lease fee	$605.00	Break lease fee
Filing fee reimbursement	$27.00	Filing fee reimbursement
Net award	$672.56
Total payable by Tenant to Landlord	$672.56

The landlord attended the hearing via remote teleconference. Attempts were made to contact the tenants on the telephone numbers provided. Both attempts were unsuccessful.

The landlord has applied for compensation and reimbursement of the filing fee following the end of the tenancy.

How much is owed for water rates?

The landlord provided water rates invoices which prove the amount owing at the end of the tenancy. Having sighted his evidence I am satisfied that the tenants are responsible for this debt.

The claim for water arrears is proven.

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 is required to replace worn out smoke alarm batteries during the tenancy. See section 40(1)(ca) Residential Tenancies Act 1986. The tenant must also replace standard light bulbs. Cleaning claim:

The landlord claims that the tenants did not leave the premises reasonably clean and tidy. The landlord has only provided an invoice in support of this claim. The invoice is dated 14 October 2024 from Gao Homes with the description ‘cleaning done’. The landlord has not provided any photographic evidence in support of this claim.

A tenant is only required to leave premises in a reasonably clean and tidy condition. In the absence of photographic evidence, it is impossible for me to assess the state of the premises as at the exit date. The landlord has not provided proper evidence in support of this claim.

The claim in respect of cleaning must be dismissed. Break lease fee

The tenants were subject to a fixed term tenancy agreement from 23 December 2023. The tenants vacated during the fixed term.

The landlord says that they were forced to readvertise the property which, as a result, caused financial loss to them. They provided an itemised invoice dated 16 October 2024 listing the expenses incurred by the landlord as a result of the breach. The RTA provides as follows in respect of break lease fees: 44A Recovery of expenses incurred by landlord (1) A landlord who consents to an assignment under section 43B, to a subletting or parting with possession under section 44, or to termination of the tenancy in accordance with section 50(1)(d) is entitled to recover from the outgoing tenant any expenses reasonably incurred by the landlord in respect of the assignment, subletting, parting with possession, or termination. (2) A landlord who seeks to recover expenses from a tenant in accordance with subsection (1) must first provide an itemised account of the expenses to the tenant.

Having sighted the itemised expense claim filed by the landlord I am satisfied that the tenants are responsible for this debt.

The claim is proven.

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. Curtain hook and holder damage

The landlord says that the tenants damaged the curtain hook and holder. The landlord has failed to provide any evidence in support of this claim. At the very least I would have expected evidence consisting of entry and exit photographs. Nothing was provided in support of this claim other than an expense schedule.

The claim in respect of curtain hook and holder damage is dismissed.

Because Nzpro Property Management Limited T/A Lj Hooker Mt Albert Ltd As Agent For Mj Groups has substantially succeeded with the claim I have reimbursed the filing fee.

Reasons

Claims and awards in Tenancy Tribunal application 5114248 — net $672.56 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Water rates	$40.56	Water rates
Break lease fee	$605.00	Break lease fee
Filing fee reimbursement	$27.00	Filing fee reimbursement
Net award	$672.56
Total payable by Tenant to Landlord	$672.56

The landlord attended the hearing via remote teleconference. Attempts were made to contact the tenants on the telephone numbers provided. Both attempts were unsuccessful.

The landlord has applied for compensation and reimbursement of the filing fee following the end of the tenancy.

How much is owed for water rates?

The landlord provided water rates invoices which prove the amount owing at the end of the tenancy. Having sighted his evidence I am satisfied that the tenants are responsible for this debt.

The claim for water arrears is proven.

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

The claim in respect of cleaning must be dismissed. Break lease fee

The tenants were subject to a fixed term tenancy agreement from 23 December 2023. The tenants vacated during the fixed term.

Having sighted the itemised expense claim filed by the landlord I am satisfied that the tenants are responsible for this debt.

The claim is proven.

Is the tenant responsible for the damage to the premises?

The claim in respect of curtain hook and holder damage is dismissed.

Because Nzpro Property Management Limited T/A Lj Hooker Mt Albert Ltd As Agent For Mj Groups has substantially succeeded with the claim I have reimbursed the filing fee.

Tenancy Tribunal case 5114248 — Tenancy dispute at 34B Ventura Street, Mangere, Auckland 2022

At a glance

Tenancy Tribunal case 5114248 — Tenancy dispute at 34B Ventura Street, Mangere, Auckland 2022

At a glance

Award balance

Claims & awards

Order

Reasons

How much is owed for 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 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