What was Tenancy Tribunal case 4513074 about?

The tribunal order states: Vaoita Nemaia and Nemaia Vaoita Kaunatu Nemaia must pay [The landlord/s]

How much money was awarded in case 4513074?

Filing Fee: $20.44 awarded to landlord; Lawns and Garden Work: $80.00 awarded to landlord; Property Damage: $100.00 awarded to landlord; Property Damage: $100.00 awarded to landlord; Rent Arrears: $3,302.86 awarded to landlord; Replace Furnishings: $350.00 awarded to landlord

What type of tenancy dispute was case 4513074?

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

Where can I read the official tribunal order for case 4513074?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/9856819-Tribunal_Order_Redacted.pdf.

What was Tenancy Tribunal case 4513074 about?

The tribunal order states: Vaoita Nemaia and Nemaia Vaoita Kaunatu Nemaia must pay [The landlord/s]

How much money was awarded in case 4513074?

Filing Fee: $20.44 awarded to landlord; Lawns and Garden Work: $80.00 awarded to landlord; Property Damage: $100.00 awarded to landlord; Property Damage: $100.00 awarded to landlord; Rent Arrears: $3,302.86 awarded to landlord; Replace Furnishings: $350.00 awarded to landlord

What type of tenancy dispute was case 4513074?

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

Where can I read the official tribunal order for case 4513074?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/9856819-Tribunal_Order_Redacted.pdf.

36 Royal Road, Massey, Auckland 0614 Tenancy Tribunal Case 4513074 — Rent arrears

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36 Royal Road, Massey, Auckland 0614 Tenancy Tribunal Case 4513074 — 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 4513074 — net $1,353.30 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears	$3,302.86	Rent arrears
Window repairs	$100.00	Window repairs
Replace furnishings	$350.00	Replace furnishings
Window repairs	$100.00	Window repairs
Lawns and Garden work	$80.00	Lawns and Garden work
Filing fee reimbursement	$20.44	Filing fee reimbursement
Net award	$1,353.30
Total payable by Tenant to Landlord	$1,353.30

Claims and awards for application 4513074 — net $1,353.30 NZD. Verify on MoJ.

Rent arrears

Amount: $3,302.86
Awarded to: Landlord
Reason: Rent arrears

Window repairs

Amount: $100.00
Awarded to: Landlord
Reason: Window repairs

Replace furnishings

Amount: $350.00
Awarded to: Landlord
Reason: Replace furnishings

Window repairs

Amount: $100.00
Awarded to: Landlord
Reason: Window repairs

Lawns and Garden work

Amount: $80.00
Awarded to: Landlord
Reason: Lawns and Garden work

Claim types — money lines allowed on this order

Filing Fee Lawns And Garden Work Property damage Rent arrears

Order

Vaoita Nemaia and Nemaia Vaoita Kaunatu Nemaia must pay [The landlord/s] $1,353.30 immediately, calculated as shown in table below.
The Bond Centre is to pay the bond of $2,600.00 ([Bond number suppressed]) immediately [The landlord/s].
The application for water rates is dismissed.

Reasons

Both parties attended the hearing.
The landlord has applied for rent arrears, compensation, refund of the bond, and reimbursement of the filing fee following the end of the tenancy.
The landlord did not provide a sufficiently detailed invoice to prove the amounts for all compensation and damages being sought.

How much is owed for rent and water rates?

The tenancy ended on 12 February 2023. The landlord provided rent records which prove the amount owing at the end of the tenancy was $3,302.86 for rent arrears.
The landlord sought $639.82 for water rates, but provided no invoices to prove this amount. The claim is not proved.

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 did not leave the premises reasonably clean and tidy. The landlord sought $500.00 for “deep cleaning”. Deep cleaning goes beyond the tenant’s responsibility. However the photographs establish that the floors, the shower and the kitchen cabinets were not satisfactorily clean. I have taken into account that the photographs also show the floor and shower to be in poor condition. $200.00 is awarded.
The landlord sought $500.00 for lawnmowing. The photographs provided establish that the lawns are somewhat long in some areas, but certainly not overgrown. In my view $500.00 is an exorbitant amount to return the lawns to a reasonable standard. $80.00 is awarded.
The landlord sought $500.00 for one broken bathroom window. The repair was not itemised. $100.00 is awarded.
The landlord sought $1800.00 to replace 10 curtains that were removed by the tenant. The curtains were a minimum of three and a half years old. No invoice was provided for the cost of the curtains at the beginning of the tenancy, or any detail regarding the replacement cost. $350.00 is awarded.
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 [The landlord/s] has substantially succeeded with the claim I have reimbursed the filing fee.

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 4513074 — net $1,353.30 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears	$3,302.86	Rent arrears
Window repairs	$100.00	Window repairs
Replace furnishings	$350.00	Replace furnishings
Window repairs	$100.00	Window repairs
Lawns and Garden work	$80.00	Lawns and Garden work
Filing fee reimbursement	$20.44	Filing fee reimbursement
Net award	$1,353.30
Total payable by Tenant to Landlord	$1,353.30

Claims and awards for application 4513074 — net $1,353.30 NZD. Verify on MoJ.

Rent arrears

Amount: $3,302.86
Awarded to: Landlord
Reason: Rent arrears

Window repairs

Amount: $100.00
Awarded to: Landlord
Reason: Window repairs

Replace furnishings

Amount: $350.00
Awarded to: Landlord
Reason: Replace furnishings

Window repairs

Amount: $100.00
Awarded to: Landlord
Reason: Window repairs

Lawns and Garden work

Amount: $80.00
Awarded to: Landlord
Reason: Lawns and Garden work

Claim types — money lines allowed on this order

Filing Fee Lawns And Garden Work Property damage Rent arrears

Order

Vaoita Nemaia and Nemaia Vaoita Kaunatu Nemaia must pay [The landlord/s] $1,353.30 immediately, calculated as shown in table below.
The Bond Centre is to pay the bond of $2,600.00 ([Bond number suppressed]) immediately [The landlord/s].
The application for water rates is dismissed.

Reasons

Both parties attended the hearing.
The landlord has applied for rent arrears, compensation, refund of the bond, and reimbursement of the filing fee following the end of the tenancy.
The landlord did not provide a sufficiently detailed invoice to prove the amounts for all compensation and damages being sought.

How much is owed for rent and water rates?

The tenancy ended on 12 February 2023. The landlord provided rent records which prove the amount owing at the end of the tenancy was $3,302.86 for rent arrears.
The landlord sought $639.82 for water rates, but provided no invoices to prove this amount. The claim is not proved.

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 did not leave the premises reasonably clean and tidy. The landlord sought $500.00 for “deep cleaning”. Deep cleaning goes beyond the tenant’s responsibility. However the photographs establish that the floors, the shower and the kitchen cabinets were not satisfactorily clean. I have taken into account that the photographs also show the floor and shower to be in poor condition. $200.00 is awarded.
The landlord sought $500.00 for lawnmowing. The photographs provided establish that the lawns are somewhat long in some areas, but certainly not overgrown. In my view $500.00 is an exorbitant amount to return the lawns to a reasonable standard. $80.00 is awarded.
The landlord sought $500.00 for one broken bathroom window. The repair was not itemised. $100.00 is awarded.
The landlord sought $1800.00 to replace 10 curtains that were removed by the tenant. The curtains were a minimum of three and a half years old. No invoice was provided for the cost of the curtains at the beginning of the tenancy, or any detail regarding the replacement cost. $350.00 is awarded.
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 [The landlord/s] has substantially succeeded with the claim I have reimbursed the filing fee.

Tenancy Tribunal case 4513074 — Rent arrears at 36 Royal Road, Massey, Auckland 0614

At a glance

Tenancy Tribunal case 4513074 — Rent arrears at 36 Royal Road, Massey, Auckland 0614

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?

Topics & place

Residential Tenancies Act sections

Key findings

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?

Topics & place

Residential Tenancies Act sections

Key findings

Frequently asked questions