What was the outcome of Tenancy Tribunal case 4501653?

The tribunal order states: Rosalyn Matua-Heimata must pay Fiona Trudy Ngahuia Hanlon and John

How much money was awarded in case 4501653?

Cleaning: $450.00 awarded to landlord; Filing Fee: $20.44 awarded to landlord; Green Bag Collection Fees: $157.54 awarded to landlord; Rent Arrears: $1,190.00 awarded to landlord; Replace Vanity – 50 Per Cent For Dep…: $200.00 awarded to landlord

What type of tenancy dispute was case 4501653?

The primary dispute was Rent arrears. Related themes: Cleanliness.

Where can I read the official tribunal order for case 4501653?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/9207734-Tenancy_Tribunal_Order.pdf.

What was the outcome of Tenancy Tribunal case 4501653?

The tribunal order states: Rosalyn Matua-Heimata must pay Fiona Trudy Ngahuia Hanlon and John

How much money was awarded in case 4501653?

Cleaning: $450.00 awarded to landlord; Filing Fee: $20.44 awarded to landlord; Green Bag Collection Fees: $157.54 awarded to landlord; Rent Arrears: $1,190.00 awarded to landlord; Replace Vanity – 50 Per Cent For Dep…: $200.00 awarded to landlord

What type of tenancy dispute was case 4501653?

The primary dispute was Rent arrears. Related themes: Cleanliness.

Where can I read the official tribunal order for case 4501653?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/9207734-Tenancy_Tribunal_Order.pdf.

63 McKinstry Avenue, Mangere East, Auckland 2024 Tenancy Tribunal Case 4501653 — Rent arrears

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63 McKinstry Avenue, Mangere East, Auckland 2024 Tenancy Tribunal Case 4501653 — 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 4501653. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears to 14 December 2022	$1,190.00	Rent arrears to 14 December 2022
Green bag collection fees	$157.54	Green bag collection fees
Replace vanity – 50 per cent for depreciation	$200.00	Replace vanity – 50 per cent for depreciation
Carpet cleaning	$450.00	Carpet cleaning
Filing fee reimbursement	$20.44	Filing fee reimbursement
Bond	$2,940.00

Claims and awards for application 4501653. Verify on MoJ.

Rent arrears to 14 December 2022

Amount: $1,190.00
Awarded to: Landlord
Reason: Rent arrears to 14 December 2022

Green bag collection fees

Amount: $157.54
Awarded to: Landlord
Reason: Green bag collection fees

Replace vanity – 50 per cent for depreciation

Amount: $200.00
Awarded to: Landlord
Reason: Replace vanity – 50 per cent for depreciation

Carpet cleaning

Amount: $450.00
Awarded to: Landlord
Reason: Carpet cleaning

Filing fee reimbursement

Amount: $20.44
Awarded to: Landlord
Reason: Filing fee reimbursement

Dismissed claims

Other Claims — All other claims dismissed

Claim types — money lines allowed on this order

Carpet Cleaning Filing Fee Rent arrears

Order

Rosalyn Matua-Heimata must pay Fiona Trudy Ngahuia Hanlon and John Robert Metua Maruariki $2,017.98 from the bond, calculated as shown in table below.
The Bond Centre is to pay the bond of $2,940.00 immediately apportioned as follows: Fiona Trudy Ngahuia Hanlon and John Robert Metua Maruariki: $2,017.98 Rosalyn Matua-Heimata: $922.02
All other claims are dismissed.

Reasons

The landlords attended the hearing by telephone.
The tenant did not attend. The hearing proceeded in their absence.
The landlords have applied for rent arrears, compensation, payment out of the bond, and reimbursement of the filing fee following the end of the tenancy.

How much does the tenant owe the landlords for rent?

The tenancy ended on 14 December 2022. The landlords provided rent records which prove the amount owing for rent at the end of the tenancy is $1,190.00.

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 and remove all rubbish: s 40(1)(e)(ii)-(v) of the Residential Tenancies Act 1986 (RTA).
The tenant did not leave the premises reasonably clean and tidy in that the carpet was stained and reeked of what the landlords think was dog urine. The landlords had to have the carpets cleaned, which cost them $450.00.
The tenant lived behind several bags of green waste, which the landlords paid $157.54 to have removed.
The landlords have proved the amounts ordered.

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 the landlords establish that, 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 ss 40(2)(a), 41 and 49B of the RTA.
During the tenancy, the bathroom vanity’s top was cracked. The landlords had to replace the whole unit at a cost of $400.00. The damage was more than fair wear and tear, and the tenant has not disproved liability for the damage.
The Tribunal must take account of 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. The vanity was about eight years old. I allow for depreciation of 50 per cent.
Therefore, the tenant must reimburse the landlords $200.00. Filing fee
The landlords have substantially succeeded with their claim. The Tribunal orders the tenant to reimburse the landlord for the filing fee. Bond
The tenant’s debt to the landlords is to be paid from the bond, which the landlords say remains with the Bond Centre. The Bond Centre is to refund the balance to the tenant.

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 4501653. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears to 14 December 2022	$1,190.00	Rent arrears to 14 December 2022
Green bag collection fees	$157.54	Green bag collection fees
Replace vanity – 50 per cent for depreciation	$200.00	Replace vanity – 50 per cent for depreciation
Carpet cleaning	$450.00	Carpet cleaning
Filing fee reimbursement	$20.44	Filing fee reimbursement
Bond	$2,940.00

Claims and awards for application 4501653. Verify on MoJ.

Rent arrears to 14 December 2022

Amount: $1,190.00
Awarded to: Landlord
Reason: Rent arrears to 14 December 2022

Green bag collection fees

Amount: $157.54
Awarded to: Landlord
Reason: Green bag collection fees

Replace vanity – 50 per cent for depreciation

Amount: $200.00
Awarded to: Landlord
Reason: Replace vanity – 50 per cent for depreciation

Carpet cleaning

Amount: $450.00
Awarded to: Landlord
Reason: Carpet cleaning

Filing fee reimbursement

Amount: $20.44
Awarded to: Landlord
Reason: Filing fee reimbursement

Dismissed claims

Other Claims — All other claims dismissed

Claim types — money lines allowed on this order

Carpet Cleaning Filing Fee Rent arrears

Order

Rosalyn Matua-Heimata must pay Fiona Trudy Ngahuia Hanlon and John Robert Metua Maruariki $2,017.98 from the bond, calculated as shown in table below.
The Bond Centre is to pay the bond of $2,940.00 immediately apportioned as follows: Fiona Trudy Ngahuia Hanlon and John Robert Metua Maruariki: $2,017.98 Rosalyn Matua-Heimata: $922.02
All other claims are dismissed.

Reasons

The landlords attended the hearing by telephone.
The tenant did not attend. The hearing proceeded in their absence.
The landlords have applied for rent arrears, compensation, payment out of the bond, and reimbursement of the filing fee following the end of the tenancy.

How much does the tenant owe the landlords for rent?

The tenancy ended on 14 December 2022. The landlords provided rent records which prove the amount owing for rent at the end of the tenancy is $1,190.00.

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 and remove all rubbish: s 40(1)(e)(ii)-(v) of the Residential Tenancies Act 1986 (RTA).
The tenant did not leave the premises reasonably clean and tidy in that the carpet was stained and reeked of what the landlords think was dog urine. The landlords had to have the carpets cleaned, which cost them $450.00.
The tenant lived behind several bags of green waste, which the landlords paid $157.54 to have removed.
The landlords have proved the amounts ordered.

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 the landlords establish that, 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 ss 40(2)(a), 41 and 49B of the RTA.
During the tenancy, the bathroom vanity’s top was cracked. The landlords had to replace the whole unit at a cost of $400.00. The damage was more than fair wear and tear, and the tenant has not disproved liability for the damage.
The Tribunal must take account of 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. The vanity was about eight years old. I allow for depreciation of 50 per cent.
Therefore, the tenant must reimburse the landlords $200.00. Filing fee
The landlords have substantially succeeded with their claim. The Tribunal orders the tenant to reimburse the landlord for the filing fee. Bond
The tenant’s debt to the landlords is to be paid from the bond, which the landlords say remains with the Bond Centre. The Bond Centre is to refund the balance to the tenant.

Tenancy Tribunal case 4501653 — Rent arrears at 63 McKinstry Avenue, Mangere East, Auckland 2024

At a glance

Tenancy Tribunal case 4501653 — Rent arrears at 63 McKinstry Avenue, Mangere East, Auckland 2024

At a glance

Claims & awards

Dismissed claims

Order

Reasons

How much does the tenant owe the landlords 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

Frequently asked questions

Claims & awards

Dismissed claims

Order

Reasons

How much does the tenant owe the landlords 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

Frequently asked questions