What was the outcome of Tenancy Tribunal case 4542249?

The tribunal order states: Petunu (Tim) Talitimu is removed as a party to these proceedings.

How much money was awarded in case 4542249?

Bailiffs Fee For Eviction: $200.00 awarded to landlord; Cleaning: $39.79 awarded to landlord; Filing Fee: $20.44 awarded to landlord; Garden Restoration Products - Landlo…: $66.78 awarded to landlord; Garden Waste Bin Collection: $66.50 awarded to landlord; Property Damage: $248.40 awarded to landlord; Rent Arrears: $6,108.13 awarded to landlord; Rubbish Removal: $6,000.00 awarded to landlord; Water Rates: $95.01 awarded to landlord; Property Damage: $1,071.74 awarded to landlord; Property Damage: $130.50 awarded to landlord

What type of tenancy dispute was case 4542249?

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

Where can I read the official tribunal order for case 4542249?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/9585545-Tenancy_Tribunal_Order.pdf.

What was the outcome of Tenancy Tribunal case 4542249?

The tribunal order states: Petunu (Tim) Talitimu is removed as a party to these proceedings.

How much money was awarded in case 4542249?

Bailiffs Fee For Eviction: $200.00 awarded to landlord; Cleaning: $39.79 awarded to landlord; Filing Fee: $20.44 awarded to landlord; Garden Restoration Products - Landlo…: $66.78 awarded to landlord; Garden Waste Bin Collection: $66.50 awarded to landlord; Property Damage: $248.40 awarded to landlord; Rent Arrears: $6,108.13 awarded to landlord; Rubbish Removal: $6,000.00 awarded to landlord; Water Rates: $95.01 awarded to landlord; Property Damage: $1,071.74 awarded to landlord; Property Damage: $130.50 awarded to landlord

What type of tenancy dispute was case 4542249?

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

Where can I read the official tribunal order for case 4542249?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/9585545-Tenancy_Tribunal_Order.pdf.

12 Albert Road, Kelston, Auckland 0602 Tenancy Tribunal Case 4542249 — Rent arrears

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12 Albert Road, Kelston, Auckland 0602 Tenancy Tribunal Case 4542249 — 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 4542249. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears to 15 February 2023	$6,108.13	Rent arrears to 15 February 2023
Water rates	$95.01	Water rates
Cleaning, rubbish removal, repairs, blinds	$6,000.00	Cleaning, rubbish removal, repairs, blinds
Window repairs: temporary	$130.50	Window repairs: temporary
Window repairs: final	$1,071.74	Window repairs: final
Lock/key replacement	$248.40	Lock/key replacement
Cleaning products - landlord	$39.79	Cleaning products - landlord
Garden restoration products - landlord	$66.78	Garden restoration products - landlord
Garden waste bin collection	$66.50	Garden waste bin collection
Bailiffs fee for eviction	$200.00	Bailiffs fee for eviction
Filing fee reimbursement	$20.44	Filing fee reimbursement

Claims and awards for application 4542249. Verify on MoJ.

Rent arrears to 15 February 2023

Amount: $6,108.13
Awarded to: Landlord
Reason: Rent arrears to 15 February 2023

Water rates

Amount: $95.01
Awarded to: Landlord
Reason: Water rates

Cleaning, rubbish removal, repairs, blinds

Amount: $6,000.00
Awarded to: Landlord
Reason: Cleaning, rubbish removal, repairs, blinds

Window repairs: temporary

Amount: $130.50
Awarded to: Landlord
Reason: Window repairs: temporary

Window repairs: final

Amount: $1,071.74
Awarded to: Landlord
Reason: Window repairs: final

Claim types — money lines allowed on this order

Cleanliness Filing Fee Property damage Rent arrears Rubbish Removal Water Rates

Order

Petunu (Tim) Talitimu is removed as a party to these proceedings.
Anne-Marie Taateo must pay Sarah Thompson $14,047.29 immediately, calculated as shown in table below. DescriptionLandlord Rent arrears to 15 February 2023$6,108.13 Water rates$95.01 Cleaning, rubbish removal, repairs, blinds$6,000.00 Window repairs: temporary$130.50 Window repairs: final$1,071.74 Lock/key replacement$248.40 Cleaning products - landlord$39.79 Garden restoration products - landlord$66.78 Garden waste bin collection$66.50 Bailiffs fee for eviction$200.00 Filing fee reimbursement$20.44 Total award$14,047.29

Reasons

Two employees from Goodwins Property Management, who acted as the landlord’s agent attended the hearing.
Neither tenant appeared. Sadly, Mr Talitimu has passed away. He is removed as a party.
The landlord has applied for rent and water arrears, compensation, and reimbursement of the filing fee following the end of the tenancy. How much is owed for rent, water, and the bailiffs’ fee?
The tenancy ended on 15 February 2023, by way of eviction by the bailiffs following the Tribunal ordering possession in favour of the landlord.
The landlord provided rent records and water rates invoices which prove the amount owing for those costs at the end of the tenancy.
The landlord had to pay a $200.00 fee to take possession.
The amounts ordered are 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. 1
The tenant did not leave the premises reasonably clean and tidy, did not remove all rubbish, and did not return the keys.
The cleaning, garden tidying, and rubbish removal costs are allowed (some of those costs are included in a universal invoice that will be discussed further below).
The landlord provided an invoice $248.40 for the cost of replacing the lock cylinders. That is allowed. 1 Section 40(1)(e)(ii)-(v) of the Residential Tenancies Act 1986 (RTA).

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. 2
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.
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.
During the tenancy two interior doors were so badly damaged they needed to be replaced. Three other internal doors were damaged and needed plastering and painting. There were multiple incidences of damage to the walls including many holes. The kitchen cabinetry and a power socket were also damaged. Three sets of blinds were damaged and needed to be replaced. Six windows had been broken.
The damage is more than fair wear and tear, and the tenant has not disproved liability for the damage.
The landlord submitted an invoice for $10,482.25. That invoice also includes the cost of cleaning, carpet cleaning, and rubbish removal. Having viewed the photographs and accounting for betterment and depreciation, I consider it is appropriate to order $6,000.00 for the tenant damage and the cleaning and rubbish removal discussed above.
The window damage was fixed temporarily initially, and then fully later. Invoices were submitted and those costs are proven.
The amounts ordered are proved. 2 RTA, ss 40(2)(a), 41 and 49B. Filing fee
The landlord having wholly succeed in the claim, the Tribunal must order the tenant to reimburse her for 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 4542249. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears to 15 February 2023	$6,108.13	Rent arrears to 15 February 2023
Water rates	$95.01	Water rates
Cleaning, rubbish removal, repairs, blinds	$6,000.00	Cleaning, rubbish removal, repairs, blinds
Window repairs: temporary	$130.50	Window repairs: temporary
Window repairs: final	$1,071.74	Window repairs: final
Lock/key replacement	$248.40	Lock/key replacement
Cleaning products - landlord	$39.79	Cleaning products - landlord
Garden restoration products - landlord	$66.78	Garden restoration products - landlord
Garden waste bin collection	$66.50	Garden waste bin collection
Bailiffs fee for eviction	$200.00	Bailiffs fee for eviction
Filing fee reimbursement	$20.44	Filing fee reimbursement

Claims and awards for application 4542249. Verify on MoJ.

Rent arrears to 15 February 2023

Amount: $6,108.13
Awarded to: Landlord
Reason: Rent arrears to 15 February 2023

Water rates

Amount: $95.01
Awarded to: Landlord
Reason: Water rates

Cleaning, rubbish removal, repairs, blinds

Amount: $6,000.00
Awarded to: Landlord
Reason: Cleaning, rubbish removal, repairs, blinds

Window repairs: temporary

Amount: $130.50
Awarded to: Landlord
Reason: Window repairs: temporary

Window repairs: final

Amount: $1,071.74
Awarded to: Landlord
Reason: Window repairs: final

Claim types — money lines allowed on this order

Cleanliness Filing Fee Property damage Rent arrears Rubbish Removal Water Rates

Order

Petunu (Tim) Talitimu is removed as a party to these proceedings.
Anne-Marie Taateo must pay Sarah Thompson $14,047.29 immediately, calculated as shown in table below. DescriptionLandlord Rent arrears to 15 February 2023$6,108.13 Water rates$95.01 Cleaning, rubbish removal, repairs, blinds$6,000.00 Window repairs: temporary$130.50 Window repairs: final$1,071.74 Lock/key replacement$248.40 Cleaning products - landlord$39.79 Garden restoration products - landlord$66.78 Garden waste bin collection$66.50 Bailiffs fee for eviction$200.00 Filing fee reimbursement$20.44 Total award$14,047.29

Reasons

Two employees from Goodwins Property Management, who acted as the landlord’s agent attended the hearing.
Neither tenant appeared. Sadly, Mr Talitimu has passed away. He is removed as a party.
The landlord has applied for rent and water arrears, compensation, and reimbursement of the filing fee following the end of the tenancy. How much is owed for rent, water, and the bailiffs’ fee?
The tenancy ended on 15 February 2023, by way of eviction by the bailiffs following the Tribunal ordering possession in favour of the landlord.
The landlord provided rent records and water rates invoices which prove the amount owing for those costs at the end of the tenancy.
The landlord had to pay a $200.00 fee to take possession.
The amounts ordered are 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. 1
The tenant did not leave the premises reasonably clean and tidy, did not remove all rubbish, and did not return the keys.
The cleaning, garden tidying, and rubbish removal costs are allowed (some of those costs are included in a universal invoice that will be discussed further below).
The landlord provided an invoice $248.40 for the cost of replacing the lock cylinders. That is allowed. 1 Section 40(1)(e)(ii)-(v) of the Residential Tenancies Act 1986 (RTA).

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. 2
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.
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.
During the tenancy two interior doors were so badly damaged they needed to be replaced. Three other internal doors were damaged and needed plastering and painting. There were multiple incidences of damage to the walls including many holes. The kitchen cabinetry and a power socket were also damaged. Three sets of blinds were damaged and needed to be replaced. Six windows had been broken.
The damage is more than fair wear and tear, and the tenant has not disproved liability for the damage.
The landlord submitted an invoice for $10,482.25. That invoice also includes the cost of cleaning, carpet cleaning, and rubbish removal. Having viewed the photographs and accounting for betterment and depreciation, I consider it is appropriate to order $6,000.00 for the tenant damage and the cleaning and rubbish removal discussed above.
The window damage was fixed temporarily initially, and then fully later. Invoices were submitted and those costs are proven.
The amounts ordered are proved. 2 RTA, ss 40(2)(a), 41 and 49B. Filing fee
The landlord having wholly succeed in the claim, the Tribunal must order the tenant to reimburse her for the filing fee.

Tenancy Tribunal case 4542249 — Rent arrears at 12 Albert Road, Kelston, Auckland 0602

At a glance

Tenancy Tribunal case 4542249 — Rent arrears at 12 Albert Road, Kelston, Auckland 0602

At a glance

Claims & awards

Order

Reasons

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

Order

Reasons

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