How much money was awarded in case 4628109?

Bailiff Costs To Remove Tenants: $200.00 awarded to landlord; Broken Windows - Front And Rear Of T…: $556.60 awarded to landlord; Cleaning: $550.00 awarded to landlord; Lawn Mowing: $40.00 awarded to landlord; Property Damage: $448.00 awarded to landlord; Rubbish Removal: $715.50 awarded to landlord; Skip Bin Hire: $440.00 awarded to landlord

What type of tenancy dispute was case 4628109?

The primary dispute was Cleanliness. Related themes: Property damage.

Where can I read the official tribunal order for case 4628109?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/9869232-Tenancy_Tribunal_Order.pdf.

How much money was awarded in case 4628109?

Bailiff Costs To Remove Tenants: $200.00 awarded to landlord; Broken Windows - Front And Rear Of T…: $556.60 awarded to landlord; Cleaning: $550.00 awarded to landlord; Lawn Mowing: $40.00 awarded to landlord; Property Damage: $448.00 awarded to landlord; Rubbish Removal: $715.50 awarded to landlord; Skip Bin Hire: $440.00 awarded to landlord

What type of tenancy dispute was case 4628109?

The primary dispute was Cleanliness. Related themes: Property damage.

Where can I read the official tribunal order for case 4628109?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/9869232-Tenancy_Tribunal_Order.pdf.

6 Strid Road, Te Atatu South, Auckland 0610 Tenancy Tribunal Case 4628109 — Cleanliness

Q: What was the outcome of Tenancy Tribunal case 4628109?

The tribunal order states: It is declared that Dion Thomas Hetaraka was a tenant of 6 Strid Road, Te Atatu

Order

Claims and awards in Tenancy Tribunal application 4628109 — net $1,810.10 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Broken windows - front and rear of the house	$556.60	Broken windows - front and rear of the house
Rubbish removal and labour	$715.50	Rubbish removal and labour
Cleaning	$550.00	Cleaning
Lawn mowing	$40.00	Lawn mowing
Lock/key replacement	$448.00	Lock/key replacement
Bailiff costs to remove tenants	$200.00	Bailiff costs to remove tenants
Skip bin hire	$440.00	Skip bin hire
Net award	$1,810.10
Total payable by Tenant to Landlord	$1,810.10

It is declared that Dion Thomas Hetaraka was a tenant of 6 Strid Road, Te Atatu South, Auckland.

Tony Jay Hetaraka and Dion Thomas Hetaraka must pay M2 Real Estate Limited Acting Agent For Arturi Diel Pasamba $1,810.10 immediately, calculated as shown in the table below.

The Bond Centre is to pay the bond of $1,140.00 to M2 Real Estate Limited Acting Agent For Arturi Diel Pasamba immediately.

Reasons

The agent for the landlord attended the hearing. The tenants did not attend the hearing.

Mr Tony Hetaraka and his partner were tenants and the applicant the landlord under a tenancy agreement for the premises situated at 6 Strid Road, Te Atatu South, Auckland 0610. Mr Hetaraka’s brother, Mr Dion Thomas Hetaraka, moved in around the start of the tenancy and although he was not recorded as a tenant on the tenancy agreement the Tribunal accepted by order dated 30 May 2023 (application 4628109) that a tenancy existed between him and the landlord. In 2020, Mr Tony Hetaraka’s partner moved out. While the landlord initially understood that Mr Tony Hetaraka had also moved out, it was discovered following eviction in June 2023 that this was not the case and that he had continued to live at the tenancy address along with his brother.

The tenancy ended by eviction on 19 June 2023.

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

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.

On the evidence produced by the landlord, I am satisfied the tenants did not leave the premises reasonably clean and tidy, did not remove all rubbish and did not return keys. I note that changing the locks was necessary on eviction to ensure the security of the premises.

The landlord relied on the property inspection report at the start of the tenancy, the exit property inspection report, photographs and invoices.

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.

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. See section 49B(1) RTA.

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.

The following damage was caused during the tenancy: the windows were smashed at the front and rear of the property. The damage is more than fair wear and tear, and the tenant has not disproved liability for the damage.

The amounts ordered are proved. Other costs

The landlord seeks recovery of the $200 fee paid to the bailiff on eviction. It is a cost flowing from the tenant's breach of their obligation to quit the premises on termination so is recoverable. As the landlord will be enforcing the order through a private debt collector, rather than through the District Court, I have awarded the claim. Filing fee

As the landlord has wholly succeeded with the claim, I must order the other party to reimburse the filing fee.

Claims and awards in Tenancy Tribunal application 4628109 — net $1,810.10 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Broken windows - front and rear of the house	$556.60	Broken windows - front and rear of the house
Rubbish removal and labour	$715.50	Rubbish removal and labour
Cleaning	$550.00	Cleaning
Lawn mowing	$40.00	Lawn mowing
Lock/key replacement	$448.00	Lock/key replacement
Bailiff costs to remove tenants	$200.00	Bailiff costs to remove tenants
Skip bin hire	$440.00	Skip bin hire
Net award	$1,810.10
Total payable by Tenant to Landlord	$1,810.10

Order

It is declared that Dion Thomas Hetaraka was a tenant of 6 Strid Road, Te Atatu South, Auckland.
Tony Jay Hetaraka and Dion Thomas Hetaraka must pay M2 Real Estate Limited Acting Agent For Arturi Diel Pasamba $1,810.10 immediately, calculated as shown in the table below.
The Bond Centre is to pay the bond of $1,140.00 to M2 Real Estate Limited Acting Agent For Arturi Diel Pasamba immediately.

Reasons

The agent for the landlord attended the hearing. The tenants did not attend the hearing.
Mr Tony Hetaraka and his partner were tenants and the applicant the landlord under a tenancy agreement for the premises situated at 6 Strid Road, Te Atatu South, Auckland 0610. Mr Hetaraka’s brother, Mr Dion Thomas Hetaraka, moved in around the start of the tenancy and although he was not recorded as a tenant on the tenancy agreement the Tribunal accepted by order dated 30 May 2023 (application 4628109) that a tenancy existed between him and the landlord. In 2020, Mr Tony Hetaraka’s partner moved out. While the landlord initially understood that Mr Tony Hetaraka had also moved out, it was discovered following eviction in June 2023 that this was not the case and that he had continued to live at the tenancy address along with his brother.
The tenancy ended by eviction on 19 June 2023.
The landlord has applied for compensation, refund of the bond, and reimbursement of the filing fee following the end of the tenancy.

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.
On the evidence produced by the landlord, I am satisfied the tenants did not leave the premises reasonably clean and tidy, did not remove all rubbish and did not return keys. I note that changing the locks was necessary on eviction to ensure the security of the premises.
The landlord relied on the property inspection report at the start of the tenancy, the exit property inspection report, photographs and invoices.
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.
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. See section 49B(1) RTA.
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.
The following damage was caused during the tenancy: the windows were smashed at the front and rear of the property. The damage is more than fair wear and tear, and the tenant has not disproved liability for the damage.
The amounts ordered are proved. Other costs
The landlord seeks recovery of the $200 fee paid to the bailiff on eviction. It is a cost flowing from the tenant's breach of their obligation to quit the premises on termination so is recoverable. As the landlord will be enforcing the order through a private debt collector, rather than through the District Court, I have awarded the claim. Filing fee
As the landlord has wholly succeeded with the claim, I must order the other party to reimburse the filing fee.

Tenancy Tribunal case 4628109 — Cleanliness at 6 Strid Road, Te Atatu South, Auckland 0610

At a glance

Tenancy Tribunal case 4628109 — Cleanliness at 6 Strid Road, Te Atatu South, Auckland 0610

At a glance

Award balance

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

Property management

Frequently asked questions

Award balance

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

Property management

Frequently asked questions