What was the outcome of Tenancy Tribunal case 4547878?

The tribunal order states: No application for suppression has been made in this case and no suppression

How much money was awarded in case 4547878?

Cleaning: $218.50 awarded to landlord; Filing Fee: $20.44 awarded to landlord; Property Damage: $177.54 awarded to landlord; Rent Arrears: $842.90 awarded to landlord; Water Rates: $185.54 awarded to landlord

What type of tenancy dispute was case 4547878?

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

Where can I read the official tribunal order for case 4547878?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/9248207-Tenancy_Tribunal_Order.pdf.

What was the outcome of Tenancy Tribunal case 4547878?

The tribunal order states: No application for suppression has been made in this case and no suppression

How much money was awarded in case 4547878?

Cleaning: $218.50 awarded to landlord; Filing Fee: $20.44 awarded to landlord; Property Damage: $177.54 awarded to landlord; Rent Arrears: $842.90 awarded to landlord; Water Rates: $185.54 awarded to landlord

What type of tenancy dispute was case 4547878?

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

Where can I read the official tribunal order for case 4547878?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/9248207-Tenancy_Tribunal_Order.pdf.

44 Gossamer Drive, Pakuranga Heights, Auckland 2010 Tenancy Tribunal Case 4547878 — Rent arrears

Tenantcheck Insights

Loading insights…

Pulling tribunal records

Loading insights…

Pulling tribunal records

44 Gossamer Drive, Pakuranga Heights, Auckland 2010 Tenancy Tribunal Case 4547878 — 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 4547878 — net $1,444.92 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears	$842.90	Rent arrears
Filing fee reimbursement	$20.44	Filing fee reimbursement
Carpet Cleaning	$218.50	Carpet Cleaning
Window repairs	$177.54	Window repairs
Water rates	$185.54	Water rates
Net award	$1,444.92
Bond	$2,360.00
Total payable by Tenant to Landlord	$1,444.92

Claims and awards for application 4547878 — net $1,444.92 NZD. Verify on MoJ.

Rent arrears

Amount: $842.90
Awarded to: Landlord
Reason: Rent arrears

Filing fee reimbursement

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

Carpet Cleaning

Amount: $218.50
Awarded to: Landlord
Reason: Carpet Cleaning

Window repairs

Amount: $177.54
Awarded to: Landlord
Reason: Window repairs

Water rates

Amount: $185.54
Awarded to: Landlord
Reason: Water rates

Claim types — money lines allowed on this order

Carpet Cleaning Filing Fee Property damage Rent arrears Water Rates

Order

No application for suppression has been made in this case and no suppression orders apply around publication of this decision.
Deirdre Fay Hawkes to pay Pamela Elizabeth Smith and Terence Paul Smith $1,444.92 from the bond, calculated as shown in table below.
The Bond Centre is to pay the bond of $2,360.00 (3188535-019) immediately apportioned as follows: Pamela Elizabeth Smith and Terence Paul Smith: $1,444.92 Deirdre Fay Hawkes: $915.08

Reasons

The landlord attended the hearing, the respondent did not.
The landlord has applied for rent arrears, 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 7 March 2023. The landlord provided rent records and water rates invoices which prove the amount owing at the end of the tenancy was $842.90 for rent and $185.54 for water rates.

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 carpet required cleaning to remove stains and smells from a pet cat and spilt coffee.
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.
Where the damage is careless, and occurs after 27 August 2019, section 49B RTA applies. If the landlord becomes aware of the damage after 27 August, the damage is presumed to have occurred after that date unless the tenant proves otherwise.
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.
The following damage was caused during the tenancy: a. A broken window in the rear door.
The damage is more than fair wear and tear, and the tenant has not disproved liability for the damage.
The amounts ordered are proved.
Because Pamela Elizabeth Smith, Terence Paul Smith has wholly succeeded with the claim I must reimburse 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 4547878 — net $1,444.92 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears	$842.90	Rent arrears
Filing fee reimbursement	$20.44	Filing fee reimbursement
Carpet Cleaning	$218.50	Carpet Cleaning
Window repairs	$177.54	Window repairs
Water rates	$185.54	Water rates
Net award	$1,444.92
Bond	$2,360.00
Total payable by Tenant to Landlord	$1,444.92

Claims and awards for application 4547878 — net $1,444.92 NZD. Verify on MoJ.

Rent arrears

Amount: $842.90
Awarded to: Landlord
Reason: Rent arrears

Filing fee reimbursement

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

Carpet Cleaning

Amount: $218.50
Awarded to: Landlord
Reason: Carpet Cleaning

Window repairs

Amount: $177.54
Awarded to: Landlord
Reason: Window repairs

Water rates

Amount: $185.54
Awarded to: Landlord
Reason: Water rates

Claim types — money lines allowed on this order

Carpet Cleaning Filing Fee Property damage Rent arrears Water Rates

Order

No application for suppression has been made in this case and no suppression orders apply around publication of this decision.
Deirdre Fay Hawkes to pay Pamela Elizabeth Smith and Terence Paul Smith $1,444.92 from the bond, calculated as shown in table below.
The Bond Centre is to pay the bond of $2,360.00 (3188535-019) immediately apportioned as follows: Pamela Elizabeth Smith and Terence Paul Smith: $1,444.92 Deirdre Fay Hawkes: $915.08

Reasons

The landlord attended the hearing, the respondent did not.
The landlord has applied for rent arrears, 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 7 March 2023. The landlord provided rent records and water rates invoices which prove the amount owing at the end of the tenancy was $842.90 for rent and $185.54 for water rates.

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 carpet required cleaning to remove stains and smells from a pet cat and spilt coffee.
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.
Where the damage is careless, and occurs after 27 August 2019, section 49B RTA applies. If the landlord becomes aware of the damage after 27 August, the damage is presumed to have occurred after that date unless the tenant proves otherwise.
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.
The following damage was caused during the tenancy: a. A broken window in the rear door.
The damage is more than fair wear and tear, and the tenant has not disproved liability for the damage.
The amounts ordered are proved.
Because Pamela Elizabeth Smith, Terence Paul Smith has wholly succeeded with the claim I must reimburse the filing fee.

Tenancy Tribunal case 4547878 — Rent arrears at 44 Gossamer Drive, Pakuranga Heights, Auckland 2010

At a glance

Tenancy Tribunal case 4547878 — Rent arrears at 44 Gossamer Drive, Pakuranga Heights, Auckland 2010

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?

Is the tenant responsible for the damage to the premises?

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?

Is the tenant responsible for the damage to the premises?

Topics & place

Residential Tenancies Act sections

Key findings

Frequently asked questions