How much money was awarded in case 5117228?

Filing Fee: $27.00 awarded to landlord; Rent Arrears: $4,821.43 awarded to landlord; Property Damage: $678.50 awarded to landlord; Water Rates: $461.31 awarded to landlord

What type of tenancy dispute was case 5117228?

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

Where can I read the official tribunal order for case 5117228?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/11842012-Tenancy_Tribunal_Order.pdf.

How much money was awarded in case 5117228?

Filing Fee: $27.00 awarded to landlord; Rent Arrears: $4,821.43 awarded to landlord; Property Damage: $678.50 awarded to landlord; Water Rates: $461.31 awarded to landlord

What type of tenancy dispute was case 5117228?

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

Where can I read the official tribunal order for case 5117228?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/11842012-Tenancy_Tribunal_Order.pdf.

34 Kilcooley Road, Flat Bush, Auckland 2019 Tenancy Tribunal Case 5117228 — Rent arrears

Q: What was the outcome of Tenancy Tribunal case 5117228?

The tribunal order states: Setareki Tagica and Talumeti Waqavou must pay Gralin Property Management

Order

Claims and awards in Tenancy Tribunal application 5117228 — net $1,788.24 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears to 30 November 2024	$4,821.43	Rent arrears to 30 November 2024
Water rates: Invoices -November and December	$461.31	Water rates: Invoices -November and December
Repairs: wall repairs and waste disposal	$678.50	Repairs: wall repairs and waste disposal
Filing fee reimbursement	$27.00	Filing fee reimbursement
Net award	$1,788.24
Total payable by Tenant to Landlord	$1,788.24

Setareki Tagica and Talumeti Waqavou must pay Gralin Property Management ( Auckland East) Limited As Agent For Kwan Family Trust $1,788.24 immediately, calculated as shown in table below.

The Bond Centre is to pay the bond of $4,200.00 (6286223-010) to Gralin Property Management ( Auckland East) Limited As Agent For Kwan Family Trust immediately.

Reasons

The landlords attended the hearing. The tenants did not attend. I am satisfied that the tenants are still using the email accounts that they have been served on, as that was the email address from which they gave notice terminating the tenancy.

I am satisfied that the tenants have been given notice of today’s hearing and therefore have proceeded in their absence.

This was a tenancy of five years. The tenancy ended after the tenants gave notice to the landlord.

The landlord has applied for rent arrears, water rates, 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 30 November 2024. The landlord provided rent records and which prove the amount owing at the end of the tenancy.

The landlord also sought $770.95 in water rates. The landlord told me that this was for the November and December invoices and provided me with copies of those invoices. The December invoice is for a period to the 6 December 2024. The tenancy ended on the 30 November 2024 and a new tenancy with new tenants began shortly thereafter- although at the hearing the landlord could not tell me the exact date.

A tenant is only liable for the water they use. Tenants are not liable for any fixed charges. The consumption costs in the November invoice (for the October month) is $233.06 ($98.53+ 134.53) and for the December invoice (for the period to 6 December 2024 is $253.35 ($107.10 + $146.25). The amount of those two invoices is $486.41. The landlord says that it completed a final reading but did not provide me with those details. Therefore, I have deducted $25 of the total of the November and December invoices. The amount of water owed by the tenants is $461.41.

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 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 during the tenancy: a) A large hole in the ensuite wall; (whilst this was repaired by the tenants it needed painting and plastering) b) Wall damage to a downstairs bedroom. c) Broken waste disposal- which was found to have bones in the unit.

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 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.

Because Gralin Property Management ( Auckland East) Limited As Agent For Kwan Family Trust has substantially succeeded with the claim I have reimbursed the filing fee.

Claims and awards in Tenancy Tribunal application 5117228 — net $1,788.24 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears to 30 November 2024	$4,821.43	Rent arrears to 30 November 2024
Water rates: Invoices -November and December	$461.31	Water rates: Invoices -November and December
Repairs: wall repairs and waste disposal	$678.50	Repairs: wall repairs and waste disposal
Filing fee reimbursement	$27.00	Filing fee reimbursement
Net award	$1,788.24
Total payable by Tenant to Landlord	$1,788.24

Order

Setareki Tagica and Talumeti Waqavou must pay Gralin Property Management ( Auckland East) Limited As Agent For Kwan Family Trust $1,788.24 immediately, calculated as shown in table below.
The Bond Centre is to pay the bond of $4,200.00 (6286223-010) to Gralin Property Management ( Auckland East) Limited As Agent For Kwan Family Trust immediately.

Reasons

The landlords attended the hearing. The tenants did not attend. I am satisfied that the tenants are still using the email accounts that they have been served on, as that was the email address from which they gave notice terminating the tenancy.
I am satisfied that the tenants have been given notice of today’s hearing and therefore have proceeded in their absence.
This was a tenancy of five years. The tenancy ended after the tenants gave notice to the landlord.
The landlord has applied for rent arrears, water rates, 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 30 November 2024. The landlord provided rent records and which prove the amount owing at the end of the tenancy.
The landlord also sought $770.95 in water rates. The landlord told me that this was for the November and December invoices and provided me with copies of those invoices. The December invoice is for a period to the 6 December 2024. The tenancy ended on the 30 November 2024 and a new tenancy with new tenants began shortly thereafter- although at the hearing the landlord could not tell me the exact date.
A tenant is only liable for the water they use. Tenants are not liable for any fixed charges. The consumption costs in the November invoice (for the October month) is $233.06 ($98.53+ 134.53) and for the December invoice (for the period to 6 December 2024 is $253.35 ($107.10 + $146.25). The amount of those two invoices is $486.41. The landlord says that it completed a final reading but did not provide me with those details. Therefore, I have deducted $25 of the total of the November and December invoices. The amount of water owed by the tenants is $461.41.

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 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 during the tenancy: a) A large hole in the ensuite wall; (whilst this was repaired by the tenants it needed painting and plastering) b) Wall damage to a downstairs bedroom. c) Broken waste disposal- which was found to have bones in the unit.
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 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.
Because Gralin Property Management ( Auckland East) Limited As Agent For Kwan Family Trust has substantially succeeded with the claim I have reimbursed the filing fee.

Tenancy Tribunal case 5117228 — Rent arrears at 34 Kilcooley Road, Flat Bush, Auckland 2019

At a glance

Tenancy Tribunal case 5117228 — Rent arrears at 34 Kilcooley Road, Flat Bush, Auckland 2019

At a glance

Award balance

Claims & awards

Order

Reasons

How much is owed for rent and water rates?

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?

Is the tenant responsible for the damage to the premises?

Topics & place

Residential Tenancies Act sections

Key findings

Property management

Frequently asked questions