What was the outcome of Tenancy Tribunal case 4674549?

The tribunal order states: Talanoa Moeaki must pay Noble Property Management Limited - as Agent for

How much money was awarded in case 4674549?

Electrical Call Out: $146.63 awarded to landlord; Filing Fee: $20.44 awarded to landlord; Lawns and Garden Work: $74.75 awarded to landlord; Pest Control: $95.00 awarded to landlord; Property Damage: $398.96 awarded to landlord; Rent Arrears: $12,611.00 awarded to landlord; Rubbish Removal: $2,000.00 awarded to landlord; Water Rates: $164.12 awarded to landlord

What type of tenancy dispute was case 4674549?

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

Where can I read the official tribunal order for case 4674549?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/9732575-Tenancy_Tribunal_Order.pdf.

What was the outcome of Tenancy Tribunal case 4674549?

The tribunal order states: Talanoa Moeaki must pay Noble Property Management Limited - as Agent for

How much money was awarded in case 4674549?

Electrical Call Out: $146.63 awarded to landlord; Filing Fee: $20.44 awarded to landlord; Lawns and Garden Work: $74.75 awarded to landlord; Pest Control: $95.00 awarded to landlord; Property Damage: $398.96 awarded to landlord; Rent Arrears: $12,611.00 awarded to landlord; Rubbish Removal: $2,000.00 awarded to landlord; Water Rates: $164.12 awarded to landlord

What type of tenancy dispute was case 4674549?

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

Where can I read the official tribunal order for case 4674549?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/9732575-Tenancy_Tribunal_Order.pdf.

Unit/Flat 2, 27 Albion Road, Otahuhu, Auckland 1062 Tenancy Tribunal Case 4674549 — Rent arrears

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Unit/Flat 2, 27 Albion Road, Otahuhu, Auckland 1062 Tenancy Tribunal Case 4674549 — 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 4674549 — net $13,590.90 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears	$12,611.00	Rent arrears
Water rates	$164.12	Water rates
Electrical call out	$146.63	Electrical call out
Pest control	$95.00	Pest control
Cleaning and rubbish removal	$2,000.00	Cleaning and rubbish removal
Insurance excess	$398.96	Insurance excess
Lawns and Garden work	$74.75	Lawns and Garden work
Filing fee reimbursement	$20.44	Filing fee reimbursement
Net award	$13,590.90
Total payable by Tenant to Landlord	$13,590.90

Claims and awards for application 4674549 — net $13,590.90 NZD. Verify on MoJ.

Rent arrears

Amount: $12,611.00
Awarded to: Landlord
Reason: Rent arrears

Water rates

Amount: $164.12
Awarded to: Landlord
Reason: Water rates

Electrical call out

Amount: $146.63
Awarded to: Landlord
Reason: Electrical call out

Pest control

Amount: $95.00
Awarded to: Landlord
Reason: Pest control

Cleaning and rubbish removal

Amount: $2,000.00
Awarded to: Landlord
Reason: Cleaning and rubbish removal

Claim types — money lines allowed on this order

Filing Fee Lawns And Garden Work Pest Control Property damage Rent arrears Rubbish Removal Water Rates

Order

Talanoa Moeaki must pay Noble Property Management Limited - as Agent for Aradhana Lal $10,151.90 immediately, calculated as shown in the table below.

Reasons

The landlord attended the hearing. The tenant 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?

The tenancy ended on 20 July 2023 after the tenant gave notice of termination.
The landlord provided rent records 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.
The tenant did not leave the premises reasonably clean and tidy and did not remove all rubbish. Photographs and the final inspection notes show that the property was left in an unclean state with a major cockroach infestation, dirty floors and surfaces and with rubbish left.
Lawns were left overgrown and the landlord is entitled to be reimbursed to cost of having the lawns mowed and proved by the invoice provided.
The landlord engaged commercial cleaners to clean the premises and remove rubbish. The owner has paid $3,836.75 for that work to be done.
That amount seems disproportionate to the state in which the premises were left. The tenant’s responsibility is to leave the premises in a reasonably clean condition. The cleaning work undertaken include cleaning of all windows inside and out, all walls and ceilings washing the whole exterior of the house and pressure cleaning the driveway. In my view such an extensive clean exceeds the obligation on the tenant.
I note too that the final inspection report recorded that the carpets were old, faded, stained and in need of replacement. They were steam cleaned anyway in the hope that they could remain viable for another tenant but they could not and have been replaced.
Taking those factors into account I have awarded compensation for cleaning costs and rubbish removal in an amount less than the total paid by the owner.
I am satisfied that the tenant should pay for pest control costs as proved by the invoice provided.
The tenant advised the property manager that there was no hot water. An electrician was sent to inspect and found the isolator switch had been turned off by the tenant. That is not a cost the landlord is required to pay and is entitled to seek reimbursement from the tenant.
The final charge relates to a cooking fire at the premises for which the tenant was responsible. The owner made an insurance claim to cover the repair cost and the tenant accepted responsibility to reimburse the landlord for the insurance excess. The tenant and has made some payments toward the excess but has not reimbursed the landlord fully.
Because Noble Property Management Limited - as Agent for Aradhana Lal has substantially 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 4674549 — net $13,590.90 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears	$12,611.00	Rent arrears
Water rates	$164.12	Water rates
Electrical call out	$146.63	Electrical call out
Pest control	$95.00	Pest control
Cleaning and rubbish removal	$2,000.00	Cleaning and rubbish removal
Insurance excess	$398.96	Insurance excess
Lawns and Garden work	$74.75	Lawns and Garden work
Filing fee reimbursement	$20.44	Filing fee reimbursement
Net award	$13,590.90
Total payable by Tenant to Landlord	$13,590.90

Claims and awards for application 4674549 — net $13,590.90 NZD. Verify on MoJ.

Rent arrears

Amount: $12,611.00
Awarded to: Landlord
Reason: Rent arrears

Water rates

Amount: $164.12
Awarded to: Landlord
Reason: Water rates

Electrical call out

Amount: $146.63
Awarded to: Landlord
Reason: Electrical call out

Pest control

Amount: $95.00
Awarded to: Landlord
Reason: Pest control

Cleaning and rubbish removal

Amount: $2,000.00
Awarded to: Landlord
Reason: Cleaning and rubbish removal

Claim types — money lines allowed on this order

Filing Fee Lawns And Garden Work Pest Control Property damage Rent arrears Rubbish Removal Water Rates

Order

Talanoa Moeaki must pay Noble Property Management Limited - as Agent for Aradhana Lal $10,151.90 immediately, calculated as shown in the table below.

Reasons

The landlord attended the hearing. The tenant 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?

The tenancy ended on 20 July 2023 after the tenant gave notice of termination.
The landlord provided rent records 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.
The tenant did not leave the premises reasonably clean and tidy and did not remove all rubbish. Photographs and the final inspection notes show that the property was left in an unclean state with a major cockroach infestation, dirty floors and surfaces and with rubbish left.
Lawns were left overgrown and the landlord is entitled to be reimbursed to cost of having the lawns mowed and proved by the invoice provided.
The landlord engaged commercial cleaners to clean the premises and remove rubbish. The owner has paid $3,836.75 for that work to be done.
That amount seems disproportionate to the state in which the premises were left. The tenant’s responsibility is to leave the premises in a reasonably clean condition. The cleaning work undertaken include cleaning of all windows inside and out, all walls and ceilings washing the whole exterior of the house and pressure cleaning the driveway. In my view such an extensive clean exceeds the obligation on the tenant.
I note too that the final inspection report recorded that the carpets were old, faded, stained and in need of replacement. They were steam cleaned anyway in the hope that they could remain viable for another tenant but they could not and have been replaced.
Taking those factors into account I have awarded compensation for cleaning costs and rubbish removal in an amount less than the total paid by the owner.
I am satisfied that the tenant should pay for pest control costs as proved by the invoice provided.
The tenant advised the property manager that there was no hot water. An electrician was sent to inspect and found the isolator switch had been turned off by the tenant. That is not a cost the landlord is required to pay and is entitled to seek reimbursement from the tenant.
The final charge relates to a cooking fire at the premises for which the tenant was responsible. The owner made an insurance claim to cover the repair cost and the tenant accepted responsibility to reimburse the landlord for the insurance excess. The tenant and has made some payments toward the excess but has not reimbursed the landlord fully.
Because Noble Property Management Limited - as Agent for Aradhana Lal has substantially succeeded with the claim I must reimburse the filing fee.

Tenancy Tribunal case 4674549 — Rent arrears at Unit/Flat 2, 27 Albion Road, Otahuhu, Auckland 1062

At a glance

Tenancy Tribunal case 4674549 — Rent arrears at Unit/Flat 2, 27 Albion Road, Otahuhu, Auckland 1062

At a glance

Award balance

Claims & awards

Order

Reasons

How much is owed for rent?

Did the tenant comply with their obligations at the end of the tenancy?

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?

Did the tenant comply with their obligations at the end of the tenancy?

Topics & place

Residential Tenancies Act sections

Key findings

Property management

Frequently asked questions