What was the outcome of Tenancy Tribunal case 4686230?

The tribunal order states: Phyliece Tupou and Alfred Tupou to pay Far North Circle Real Estate Limited

How much money was awarded in case 4686230?

Cleaning: $362.25 awarded to landlord; Filing Fee: $20.44 awarded to landlord; Property Damage: $287.50 awarded to landlord; Property Damage: $212.75 awarded to landlord; Property Damage: $258.75 awarded to landlord; Property Damage: $200.00 awarded to landlord; Rent Arrears: $171.43 awarded to landlord; Rubbish And Green Waste Removal: $207.00 awarded to landlord; Skip Hire: $235.00 awarded to landlord

What type of tenancy dispute was case 4686230?

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

Where can I read the official tribunal order for case 4686230?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/9829050-Tenancy_Tribunal_Order.pdf.

What was the outcome of Tenancy Tribunal case 4686230?

The tribunal order states: Phyliece Tupou and Alfred Tupou to pay Far North Circle Real Estate Limited

How much money was awarded in case 4686230?

Cleaning: $362.25 awarded to landlord; Filing Fee: $20.44 awarded to landlord; Property Damage: $287.50 awarded to landlord; Property Damage: $212.75 awarded to landlord; Property Damage: $258.75 awarded to landlord; Property Damage: $200.00 awarded to landlord; Rent Arrears: $171.43 awarded to landlord; Rubbish And Green Waste Removal: $207.00 awarded to landlord; Skip Hire: $235.00 awarded to landlord

What type of tenancy dispute was case 4686230?

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

Where can I read the official tribunal order for case 4686230?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/9829050-Tenancy_Tribunal_Order.pdf.

505A Kaitaia-Awaroa Road, Kaitaia, RD 1, Kaitaia 0481 Tenancy Tribunal Case 4686230 — Property damage

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505A Kaitaia-Awaroa Road, Kaitaia, RD 1, Kaitaia 0481 Tenancy Tribunal Case 4686230 — Property damage | 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 4686230 — net $1,955.12 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears to 23 August 2023	$171.43	Rent arrears to 23 August 2023
Repair shower lining	$287.50	Repair shower lining
Repair exterior cladding	$212.75	Repair exterior cladding
Repair bedroom doors	$258.75	Repair bedroom doors
Cleaning	$362.25	Cleaning
Rubbish and green waste removal	$207.00	Rubbish and green waste removal
Skip hire	$235.00	Skip hire
Compensation for paint damage to decking	$200.00	Compensation for paint damage to decking
Filing fee reimbursement	$20.44	Filing fee reimbursement
Net award	$1,955.12
Bond	$2,200.00
Total payable by Tenant to Landlord	$1,955.12

Claims and awards for application 4686230 — net $1,955.12 NZD. Verify on MoJ.

Rent arrears to 23 August 2023

Amount: $171.43
Awarded to: Landlord
Reason: Rent arrears to 23 August 2023

Repair shower lining

Amount: $287.50
Awarded to: Landlord
Reason: Repair shower lining

Repair exterior cladding

Amount: $212.75
Awarded to: Landlord
Reason: Repair exterior cladding

Repair bedroom doors

Amount: $258.75
Awarded to: Landlord
Reason: Repair bedroom doors

Cleaning

Amount: $362.25
Awarded to: Landlord
Reason: Cleaning

Claim types — money lines allowed on this order

Cleanliness Filing Fee Property damage Rent arrears

Order

Phyliece Tupou and Alfred Tupou to pay Far North Circle Real Estate Limited trading as Ray White Kaitaia as agent for Victoria Armstrong $1,955.12 from the bond, calculated as shown in table below:
The Bond Centre is to pay the bond of $2,200.00 (6415372-006) immediately apportioned as follows: Far North Circle Real Estate Limited trading as Ray White Kaitaia as agent for Victoria Armstrong: $1,955.12 Phyliece Tupou and Alfred Tupou: $244.88

Reasons

Ms Loan and Ms Levi represented the landlord. The tenants did not attend the hearing.
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 23 August 2023. The landlord provided rent records which prove the amount of rent 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 (RTA).
The tenants did not leave the premises reasonably clean and tidy and did not remove all rubbish. The landlord had to hire a skip to remove the rubbish and green waste.
The amounts ordered are proved by invoices and photos and by the evidence the landlord’s representatives gave at the hearing.

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.
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.
The following damage was caused during the tenancy. The shower lining was damaged and required repair. There was some damage to the exterior weatherboard cladding. Locks had been placed on bedroom doors and the holes had to be repaired. There was paint damage on the decking that could not be removed.
The damage is careless damage.
The damage is more than fair wear and tear, and the tenants have not disproved liability for the damage.
The amounts ordered are proved by invoices and photos and by the evidence the landlord’s representatives gave at the hearing.
As the application is successful, the tenants must pay the landlord’s Tribunal 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 4686230 — net $1,955.12 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears to 23 August 2023	$171.43	Rent arrears to 23 August 2023
Repair shower lining	$287.50	Repair shower lining
Repair exterior cladding	$212.75	Repair exterior cladding
Repair bedroom doors	$258.75	Repair bedroom doors
Cleaning	$362.25	Cleaning
Rubbish and green waste removal	$207.00	Rubbish and green waste removal
Skip hire	$235.00	Skip hire
Compensation for paint damage to decking	$200.00	Compensation for paint damage to decking
Filing fee reimbursement	$20.44	Filing fee reimbursement
Net award	$1,955.12
Bond	$2,200.00
Total payable by Tenant to Landlord	$1,955.12

Claims and awards for application 4686230 — net $1,955.12 NZD. Verify on MoJ.

Rent arrears to 23 August 2023

Amount: $171.43
Awarded to: Landlord
Reason: Rent arrears to 23 August 2023

Repair shower lining

Amount: $287.50
Awarded to: Landlord
Reason: Repair shower lining

Repair exterior cladding

Amount: $212.75
Awarded to: Landlord
Reason: Repair exterior cladding

Repair bedroom doors

Amount: $258.75
Awarded to: Landlord
Reason: Repair bedroom doors

Cleaning

Amount: $362.25
Awarded to: Landlord
Reason: Cleaning

Claim types — money lines allowed on this order

Cleanliness Filing Fee Property damage Rent arrears

Order

Phyliece Tupou and Alfred Tupou to pay Far North Circle Real Estate Limited trading as Ray White Kaitaia as agent for Victoria Armstrong $1,955.12 from the bond, calculated as shown in table below:
The Bond Centre is to pay the bond of $2,200.00 (6415372-006) immediately apportioned as follows: Far North Circle Real Estate Limited trading as Ray White Kaitaia as agent for Victoria Armstrong: $1,955.12 Phyliece Tupou and Alfred Tupou: $244.88

Reasons

Ms Loan and Ms Levi represented the landlord. The tenants did not attend the hearing.
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 23 August 2023. The landlord provided rent records which prove the amount of rent 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 (RTA).
The tenants did not leave the premises reasonably clean and tidy and did not remove all rubbish. The landlord had to hire a skip to remove the rubbish and green waste.
The amounts ordered are proved by invoices and photos and by the evidence the landlord’s representatives gave at the hearing.

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.
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.
The following damage was caused during the tenancy. The shower lining was damaged and required repair. There was some damage to the exterior weatherboard cladding. Locks had been placed on bedroom doors and the holes had to be repaired. There was paint damage on the decking that could not be removed.
The damage is careless damage.
The damage is more than fair wear and tear, and the tenants have not disproved liability for the damage.
The amounts ordered are proved by invoices and photos and by the evidence the landlord’s representatives gave at the hearing.
As the application is successful, the tenants must pay the landlord’s Tribunal filing fee.

Tenancy Tribunal case 4686230 — Property damage at 505A Kaitaia-Awaroa Road, Kaitaia, RD 1, Kaitaia 0481

At a glance

Tenancy Tribunal case 4686230 — Property damage at 505A Kaitaia-Awaroa Road, Kaitaia, RD 1, Kaitaia 0481

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?

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?

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