What was the outcome of Tenancy Tribunal case 4628774?

The tribunal order states: Sipunaoa Tuavao and Ela Tuavao must pay Shelter Realty Limited as Agent for

How much money was awarded in case 4628774?

Cleaning: $250.00 awarded to landlord; Door Lock: $18.75 awarded to landlord; Filing Fee: $20.44 awarded to landlord; Property Damage: $10.00 awarded to landlord; Rent Arrears: $1,081.43 awarded to landlord; Replace Carpet: $875.00 awarded to landlord; Water Rates: $707.90 awarded to landlord

What type of tenancy dispute was case 4628774?

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

Where can I read the official tribunal order for case 4628774?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/9992322-Tenancy_Tribunal_Order.pdf.

What was the outcome of Tenancy Tribunal case 4628774?

The tribunal order states: Sipunaoa Tuavao and Ela Tuavao must pay Shelter Realty Limited as Agent for

How much money was awarded in case 4628774?

Cleaning: $250.00 awarded to landlord; Door Lock: $18.75 awarded to landlord; Filing Fee: $20.44 awarded to landlord; Property Damage: $10.00 awarded to landlord; Rent Arrears: $1,081.43 awarded to landlord; Replace Carpet: $875.00 awarded to landlord; Water Rates: $707.90 awarded to landlord

What type of tenancy dispute was case 4628774?

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

Where can I read the official tribunal order for case 4628774?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/9992322-Tenancy_Tribunal_Order.pdf.

2 Aotea Road, Glen Eden, Auckland 0602 Tenancy Tribunal Case 4628774 — Rent arrears

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2 Aotea Road, Glen Eden, Auckland 0602 Tenancy Tribunal Case 4628774 — 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 4628774 — net $563.52 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears	$1,081.43	Rent arrears
Water rates	$707.90	Water rates
Replace carpet	$875.00	Replace carpet
Door lock	$18.75	Door lock
Cleaning	$250.00	Cleaning
Key replacement	$10.00	Key replacement
Filing fee reimbursement	$20.44	Filing fee reimbursement
Net award	$563.52
Total payable by Tenant to Landlord	$563.52

Claims and awards for application 4628774 — net $563.52 NZD. Verify on MoJ.

Rent arrears

Amount: $1,081.43
Awarded to: Landlord
Reason: Rent arrears

Water rates

Amount: $707.90
Awarded to: Landlord
Reason: Water rates

Replace carpet

Amount: $875.00
Awarded to: Landlord
Reason: Replace carpet

Door lock

Amount: $18.75
Awarded to: Landlord
Reason: Door lock

Cleaning

Amount: $250.00
Awarded to: Landlord
Reason: Cleaning

Key replacement

Claim types — money lines allowed on this order

Cleanliness Filing Fee Property damage Rent arrears Water Rates

Order

Sipunaoa Tuavao and Ela Tuavao must pay Shelter Realty Limited as Agent for Paresh and Shireesha Purao $563.52 immediately, calculated as shown in the table below.
The Bond Centre is to pay the bond of $2,400.00 (6417831-002) to Shelter Realty Limited as Agent for Paresh and Shireesha Purao immediately.

Reasons

The landlord attended the hearing. The tenants did not attend.
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 20 May 2023. The landlord provided rent records, the tenant ledger and water rates invoices which prove the amount owing at 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.
For the most part the premises were left reasonably clean but in some areas such as the bathroom, laundry and stove, additional cleaning was required. The landlord was justified in trying to remove the carpet stains by cleaning.
The landlord has provided an invoice for a full clean of the premises (including the carpets) for $398.99. The amount awarded is a little less that that sum to reflect that the tenants’ obligation is to leave the premises reasonably clean and tidy not have the premises left “market ready”.
The tenant lost keys and a new front lock was required as well as another back door key.
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 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. The agreement discloses that the owner has insurance but does not disclose the amount of the excess payable on a claim as the RTA requires.
Having heard from the property manager I am persuaded on balance that the insurer would have required a separate excess to be paid for each room in which a claim was made for damage to the carpet, which would have taken the combined excess over the replacement cost. The owner ought to have attended the hearing or otherwise provided that evidence, as well as evidence about the age of the carpet, so accurate depreciation allowance could be made.
Photographs provided show that the carpet in 2 of the bedrooms was badly stained and required replacement. The damage is more than fair wear and tear, and the tenant has not disproved liability for the damage.
The replacement cost is proved by the invoice provided but allowance needs to be made for its depreciated value. The owner 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.
Pre tenancy photographs show that the carpets appear to have been in good condition but likely age is difficult to assess from photographs. In calculating depreciation, I have assumed an age for the carpet of 3 years at the end of the tenancy, against a useful life of 8 years.
As the landlord has succeeded in its claim, I 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 4628774 — net $563.52 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears	$1,081.43	Rent arrears
Water rates	$707.90	Water rates
Replace carpet	$875.00	Replace carpet
Door lock	$18.75	Door lock
Cleaning	$250.00	Cleaning
Key replacement	$10.00	Key replacement
Filing fee reimbursement	$20.44	Filing fee reimbursement
Net award	$563.52
Total payable by Tenant to Landlord	$563.52

Claims and awards for application 4628774 — net $563.52 NZD. Verify on MoJ.

Rent arrears

Amount: $1,081.43
Awarded to: Landlord
Reason: Rent arrears

Water rates

Amount: $707.90
Awarded to: Landlord
Reason: Water rates

Replace carpet

Amount: $875.00
Awarded to: Landlord
Reason: Replace carpet

Door lock

Amount: $18.75
Awarded to: Landlord
Reason: Door lock

Cleaning

Amount: $250.00
Awarded to: Landlord
Reason: Cleaning

Key replacement

Claim types — money lines allowed on this order

Cleanliness Filing Fee Property damage Rent arrears Water Rates

Order

Sipunaoa Tuavao and Ela Tuavao must pay Shelter Realty Limited as Agent for Paresh and Shireesha Purao $563.52 immediately, calculated as shown in the table below.
The Bond Centre is to pay the bond of $2,400.00 (6417831-002) to Shelter Realty Limited as Agent for Paresh and Shireesha Purao immediately.

Reasons

The landlord attended the hearing. The tenants did not attend.
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 20 May 2023. The landlord provided rent records, the tenant ledger and water rates invoices which prove the amount owing at 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.
For the most part the premises were left reasonably clean but in some areas such as the bathroom, laundry and stove, additional cleaning was required. The landlord was justified in trying to remove the carpet stains by cleaning.
The landlord has provided an invoice for a full clean of the premises (including the carpets) for $398.99. The amount awarded is a little less that that sum to reflect that the tenants’ obligation is to leave the premises reasonably clean and tidy not have the premises left “market ready”.
The tenant lost keys and a new front lock was required as well as another back door key.
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 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. The agreement discloses that the owner has insurance but does not disclose the amount of the excess payable on a claim as the RTA requires.
Having heard from the property manager I am persuaded on balance that the insurer would have required a separate excess to be paid for each room in which a claim was made for damage to the carpet, which would have taken the combined excess over the replacement cost. The owner ought to have attended the hearing or otherwise provided that evidence, as well as evidence about the age of the carpet, so accurate depreciation allowance could be made.
Photographs provided show that the carpet in 2 of the bedrooms was badly stained and required replacement. The damage is more than fair wear and tear, and the tenant has not disproved liability for the damage.
The replacement cost is proved by the invoice provided but allowance needs to be made for its depreciated value. The owner 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.
Pre tenancy photographs show that the carpets appear to have been in good condition but likely age is difficult to assess from photographs. In calculating depreciation, I have assumed an age for the carpet of 3 years at the end of the tenancy, against a useful life of 8 years.
As the landlord has succeeded in its claim, I reimburse the filing fee.

Tenancy Tribunal case 4628774 — Rent arrears at 2 Aotea Road, Glen Eden, Auckland 0602

At a glance

Tenancy Tribunal case 4628774 — Rent arrears at 2 Aotea Road, Glen Eden, Auckland 0602

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

Property management

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

Property management

Frequently asked questions