What was the outcome of Tenancy Tribunal case 4696010?

The tribunal order states: Eileen Bennett and Roimata Akatea must pay JDL Premier Asset Management

How much money was awarded in case 4696010?

Cleaning: $175.00 awarded to landlord; Cleaning: $510.00 awarded to landlord; Cleaning: $70.00 awarded to landlord; Filing Fee: $20.44 awarded to landlord; Rent Arrears: $2,365.71 awarded to landlord; Rubbish Removal: $362.89 awarded to landlord; Property Damage: $190.00 awarded to landlord

What type of tenancy dispute was case 4696010?

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

Where can I read the official tribunal order for case 4696010?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/10033872-Tenancy_Tribunal_Order.pdf.

What was the outcome of Tenancy Tribunal case 4696010?

The tribunal order states: Eileen Bennett and Roimata Akatea must pay JDL Premier Asset Management

How much money was awarded in case 4696010?

Cleaning: $175.00 awarded to landlord; Cleaning: $510.00 awarded to landlord; Cleaning: $70.00 awarded to landlord; Filing Fee: $20.44 awarded to landlord; Rent Arrears: $2,365.71 awarded to landlord; Rubbish Removal: $362.89 awarded to landlord; Property Damage: $190.00 awarded to landlord

What type of tenancy dispute was case 4696010?

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

Where can I read the official tribunal order for case 4696010?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/10033872-Tenancy_Tribunal_Order.pdf.

23A Claymore Street, Manurewa, Auckland 2102 Tenancy Tribunal Case 4696010 — Rent arrears

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23A Claymore Street, Manurewa, Auckland 2102 Tenancy Tribunal Case 4696010 — 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 4696010 — net $1,894.04 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears	$2,365.71	Rent arrears
Window repairs: laundry door	$190.00	Window repairs: laundry door
Carpet Cleaning	$175.00	Carpet Cleaning
Cleaning	$510.00	Cleaning
Rubbish removal	$362.89	Rubbish removal
Oven/stove cleaning	$70.00	Oven/stove cleaning
Filing fee reimbursement	$20.44	Filing fee reimbursement
Net award	$1,894.04
Total payable by Tenant to Landlord	$1,894.04

Claims and awards for application 4696010 — net $1,894.04 NZD. Verify on MoJ.

Rent arrears

Amount: $2,365.71
Awarded to: Landlord
Reason: Rent arrears

Window repairs: laundry door

Amount: $190.00
Awarded to: Landlord
Reason: Window repairs: laundry door

Carpet Cleaning

Amount: $175.00
Awarded to: Landlord
Reason: Carpet Cleaning

Cleaning

Amount: $510.00
Awarded to: Landlord
Reason: Cleaning

Rubbish removal

Amount: $362.89
Awarded to: Landlord
Reason: Rubbish removal

Oven/stove cleaning

Claim types — money lines allowed on this order

Carpet Cleaning Cleanliness Filing Fee Rent arrears Rubbish Removal Property damage

Order

Eileen Bennett and Roimata Akatea must pay JDL Premier Asset Management Limited $1,894.04 immediately, calculated as shown in the table below.
The Bond Centre is to pay the bond of $1,800.00 (5759962-005) to JDL Premier Asset Management Limited immediately.

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 12 October 2023 after the tenants gave notice of termination.
The landlord provided rent records 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 tenants 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. .
Exit inspection photographs provided by the landlord show that in some respects the tenants did not leave the premises reasonably clean and tidy, and did not remove all rubbish. The carpets were soiled and required cleaning. Some bulky items were left that te landlord had to dispose of.
The amounts ordered are proved by the invoice provided by the landlord. The amounts awarded include travel costs but exclude the cost of cleaning curtains as the evidence does not prove a breach of the tenants’ obligations in that regard.
The amount awarded is a little less than the cleaning costs incurred by the landlord, to recognise that the tenants’ obligation is to leave the premises reasonably clean and tidy, not market ready for the next occupant.

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.
The evidence shows that 2 glass panes were broken in the laundry door. I find it proved that the damage occurred during the tenancy and is more than fair wear and tear.
In the absence of any evidence from the tenants to the contrary, I must proceed on the basis that the damage was intentionally or carelessly caused and is the tenants’ responsibility.
The repair cost is proved by the invoice provided.
Because JDL Premier Asset Management Limited has 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 4696010 — net $1,894.04 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears	$2,365.71	Rent arrears
Window repairs: laundry door	$190.00	Window repairs: laundry door
Carpet Cleaning	$175.00	Carpet Cleaning
Cleaning	$510.00	Cleaning
Rubbish removal	$362.89	Rubbish removal
Oven/stove cleaning	$70.00	Oven/stove cleaning
Filing fee reimbursement	$20.44	Filing fee reimbursement
Net award	$1,894.04
Total payable by Tenant to Landlord	$1,894.04

Claims and awards for application 4696010 — net $1,894.04 NZD. Verify on MoJ.

Rent arrears

Amount: $2,365.71
Awarded to: Landlord
Reason: Rent arrears

Window repairs: laundry door

Amount: $190.00
Awarded to: Landlord
Reason: Window repairs: laundry door

Carpet Cleaning

Amount: $175.00
Awarded to: Landlord
Reason: Carpet Cleaning

Cleaning

Amount: $510.00
Awarded to: Landlord
Reason: Cleaning

Rubbish removal

Amount: $362.89
Awarded to: Landlord
Reason: Rubbish removal

Oven/stove cleaning

Claim types — money lines allowed on this order

Carpet Cleaning Cleanliness Filing Fee Rent arrears Rubbish Removal Property damage

Order

Eileen Bennett and Roimata Akatea must pay JDL Premier Asset Management Limited $1,894.04 immediately, calculated as shown in the table below.
The Bond Centre is to pay the bond of $1,800.00 (5759962-005) to JDL Premier Asset Management Limited immediately.

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 12 October 2023 after the tenants gave notice of termination.
The landlord provided rent records 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 tenants 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. .
Exit inspection photographs provided by the landlord show that in some respects the tenants did not leave the premises reasonably clean and tidy, and did not remove all rubbish. The carpets were soiled and required cleaning. Some bulky items were left that te landlord had to dispose of.
The amounts ordered are proved by the invoice provided by the landlord. The amounts awarded include travel costs but exclude the cost of cleaning curtains as the evidence does not prove a breach of the tenants’ obligations in that regard.
The amount awarded is a little less than the cleaning costs incurred by the landlord, to recognise that the tenants’ obligation is to leave the premises reasonably clean and tidy, not market ready for the next occupant.

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.
The evidence shows that 2 glass panes were broken in the laundry door. I find it proved that the damage occurred during the tenancy and is more than fair wear and tear.
In the absence of any evidence from the tenants to the contrary, I must proceed on the basis that the damage was intentionally or carelessly caused and is the tenants’ responsibility.
The repair cost is proved by the invoice provided.
Because JDL Premier Asset Management Limited has succeeded with the claim I must reimburse the filing fee.

Tenancy Tribunal case 4696010 — Rent arrears at 23A Claymore Street, Manurewa, Auckland 2102

At a glance

Tenancy Tribunal case 4696010 — Rent arrears at 23A Claymore Street, Manurewa, Auckland 2102

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