What was the outcome of Tenancy Tribunal case 5228912?

The tribunal order states: Muhammad Hassanain must pay Point Property And Portfolio Management

How much money was awarded in case 5228912?

Cleaning: $483.00 awarded to landlord; Filing Fee: $27.00 awarded to landlord; Property Damage: $247.25 awarded to landlord; Rent Arrears: $2,057.14 awarded to landlord

What type of tenancy dispute was case 5228912?

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

Where can I read the official tribunal order for case 5228912?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/12151822-Tenancy_Tribunal_Order.pdf.

What was the outcome of Tenancy Tribunal case 5228912?

The tribunal order states: Muhammad Hassanain must pay Point Property And Portfolio Management

How much money was awarded in case 5228912?

Cleaning: $483.00 awarded to landlord; Filing Fee: $27.00 awarded to landlord; Property Damage: $247.25 awarded to landlord; Rent Arrears: $2,057.14 awarded to landlord

What type of tenancy dispute was case 5228912?

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

Where can I read the official tribunal order for case 5228912?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/12151822-Tenancy_Tribunal_Order.pdf.

Unit/Flat 4, 27A Captain Scott Road, Glen Eden, Auckland Tenancy Tribunal Case 5228912 — Rent arrears

Order

Claims and awards in Tenancy Tribunal application 5228912 — net $1,374.39 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears 4 April 2025	$2,057.14	Rent arrears 4 April 2025
Filing fee reimbursement	$27.00	Filing fee reimbursement
Cleaning	$483.00	Cleaning
Window repairs	$247.25	Window repairs
Net award	$1,374.39
Total payable by Tenant to Landlord	$1,374.39

Muhammad Hassanain must pay Point Property And Portfolio Management Limited As Agent For Wheel One Limited $1,374.39 immediately, calculated as shown in table below.

The Bond Centre is to pay the bond of $1,440.00 (5471587-011) to Point Property And Portfolio Management Limited As Agent For Wheel One Limited immediately.

Reasons

Both parties attended the hearing, conducted via video conference. The tenant had a support person who also assisted him with understanding some English spoken.

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

This was a one year fixed-term tenancy that commenced 3 June 2024 and ended early after tenant notice (due to financial hardship). It ended 4 April 2025 – some two months before the end of the fixed-term.

How much is owed for rent?

The tenancy ended on 4 April 2025. The landlord provided rent records which prove the amount owing at the end of the tenancy. Rent liability ended as a new tenancy commenced 5 April 2025.

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.

The tenant did not leave all of the premises reasonably clean and tidy. The landlord engaged a professional cleaner. The invoice was supported by photos and the claimed invoiced amount of $483.00 is awarded. There was some possible over cleaning but, if so, it would have been minimal. I am mindful that the better the presentment, the quicker it might relet. A relet formed relatively quickly here with a major benefit to the tenant from it, given his potentially larger rent liability without it.

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.

A window was broken during the tenancy. The tenant accepted this and the cost of $247.25 for replacement, established by an invoice for that amount.

The amount ordered is proved. Break costs

Section 44A provides that a landlord is entitled to recover from the outgoing tenant any expenses reasonably incurred by the landlord in respect of the early exit. Sub-section (2) requires a landlord who seeks to recover expenses from a tenant must first provide an itemised account of the expenses to the tenant.

No itemised account was provided to the tenant, nor to the Tribunal.

Even if one was, 83% of the fixed-term had lapsed by the end of the tenancy and I would have considered it appropriate to apportion such costs allowing for the late-stage exit of the tenant. In my mind, it is inequitable for a full recovery of such costs after much of the fixed-term has completed. This is based on an expectation of recovery of letting costs, and other such expenses or outgoings of the owner, being captured and reflected in the weekly rent as struck.

In the absence of any itemised account being provided to the tenant, I dismiss the claim for $750.00 break costs. Filing fee

Because Point Property And Portfolio Management Limited As Agent For Wheel One Limited has substantially succeeded with the claim I have reimbursed the filing fee.

Claims and awards in Tenancy Tribunal application 5228912 — net $1,374.39 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears 4 April 2025	$2,057.14	Rent arrears 4 April 2025
Filing fee reimbursement	$27.00	Filing fee reimbursement
Cleaning	$483.00	Cleaning
Window repairs	$247.25	Window repairs
Net award	$1,374.39
Total payable by Tenant to Landlord	$1,374.39

Order

Muhammad Hassanain must pay Point Property And Portfolio Management Limited As Agent For Wheel One Limited $1,374.39 immediately, calculated as shown in table below.
The Bond Centre is to pay the bond of $1,440.00 (5471587-011) to Point Property And Portfolio Management Limited As Agent For Wheel One Limited immediately.

Reasons

Both parties attended the hearing, conducted via video conference. The tenant had a support person who also assisted him with understanding some English spoken.
The landlord has applied for rent arrears, compensation, refund of the bond, and reimbursement of the filing fee following the end of the tenancy.
This was a one year fixed-term tenancy that commenced 3 June 2024 and ended early after tenant notice (due to financial hardship). It ended 4 April 2025 – some two months before the end of the fixed-term.

How much is owed for rent?

The tenancy ended on 4 April 2025. The landlord provided rent records which prove the amount owing at the end of the tenancy. Rent liability ended as a new tenancy commenced 5 April 2025.

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.
The tenant did not leave all of the premises reasonably clean and tidy. The landlord engaged a professional cleaner. The invoice was supported by photos and the claimed invoiced amount of $483.00 is awarded. There was some possible over cleaning but, if so, it would have been minimal. I am mindful that the better the presentment, the quicker it might relet. A relet formed relatively quickly here with a major benefit to the tenant from it, given his potentially larger rent liability without it.
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.
A window was broken during the tenancy. The tenant accepted this and the cost of $247.25 for replacement, established by an invoice for that amount.
The amount ordered is proved. Break costs
Section 44A provides that a landlord is entitled to recover from the outgoing tenant any expenses reasonably incurred by the landlord in respect of the early exit. Sub-section (2) requires a landlord who seeks to recover expenses from a tenant must first provide an itemised account of the expenses to the tenant.
No itemised account was provided to the tenant, nor to the Tribunal.
Even if one was, 83% of the fixed-term had lapsed by the end of the tenancy and I would have considered it appropriate to apportion such costs allowing for the late-stage exit of the tenant. In my mind, it is inequitable for a full recovery of such costs after much of the fixed-term has completed. This is based on an expectation of recovery of letting costs, and other such expenses or outgoings of the owner, being captured and reflected in the weekly rent as struck.
In the absence of any itemised account being provided to the tenant, I dismiss the claim for $750.00 break costs. Filing fee
Because Point Property And Portfolio Management Limited As Agent For Wheel One Limited has substantially succeeded with the claim I have reimbursed the filing fee.

Tenancy Tribunal case 5228912 — Rent arrears at Unit/Flat 4, 27A Captain Scott Road, Glen Eden, Auckland

At a glance

Tenancy Tribunal case 5228912 — Rent arrears at Unit/Flat 4, 27A Captain Scott Road, Glen Eden, Auckland

At a glance

Award balance

Claims & awards

Order

Reasons

How much is owed for rent?

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?

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