What was the outcome of Tenancy Tribunal case 4729609?

The tribunal order states: Cassandra Aiono must pay Shelter Realty Limited Acting Agent For R & R

How much money was awarded in case 4729609?

Cleaning: $172.50 awarded to landlord; Cleaning: $621.00 awarded to landlord; Filing Fee: $20.44 awarded to landlord; Property Damage: $160.00 awarded to landlord; Rent Arrears: $2,640.00 awarded to landlord; Property Damage: $920.00 awarded to landlord; Rubbish Removal: $1,495.00 awarded to landlord

What type of tenancy dispute was case 4729609?

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

Where can I read the official tribunal order for case 4729609?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/10137887-Tenancy_Tribunal_Order.pdf.

What was the outcome of Tenancy Tribunal case 4729609?

The tribunal order states: Cassandra Aiono must pay Shelter Realty Limited Acting Agent For R & R

How much money was awarded in case 4729609?

Cleaning: $172.50 awarded to landlord; Cleaning: $621.00 awarded to landlord; Filing Fee: $20.44 awarded to landlord; Property Damage: $160.00 awarded to landlord; Rent Arrears: $2,640.00 awarded to landlord; Property Damage: $920.00 awarded to landlord; Rubbish Removal: $1,495.00 awarded to landlord

What type of tenancy dispute was case 4729609?

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

Where can I read the official tribunal order for case 4729609?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/10137887-Tenancy_Tribunal_Order.pdf.

4199 Great North Road, Glen Eden, Auckland 0602 Tenancy Tribunal Case 4729609 — Rent arrears

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4199 Great North Road, Glen Eden, Auckland 0602 Tenancy Tribunal Case 4729609 — 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 4729609 — net $6,028.94 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears to 4 September 2023	$2,640.00	Rent arrears to 4 September 2023
Lock/key replacement	$160.00	Lock/key replacement
Carpet Cleaning	$172.50	Carpet Cleaning
Cleaning	$621.00	Cleaning
Repairs: Wall damage	$920.00	Repairs: Wall damage
Rubbish removal	$1,495.00	Rubbish removal
Filing fee reimbursement	$20.44	Filing fee reimbursement
Net award	$6,028.94
Total payable by Tenant to Landlord	$6,028.94

Claims and awards for application 4729609 — net $6,028.94 NZD. Verify on MoJ.

Rent arrears to 4 September 2023

Amount: $2,640.00
Awarded to: Landlord
Reason: Rent arrears to 4 September 2023

Lock/key replacement

Amount: $160.00
Awarded to: Landlord
Reason: Lock/key replacement

Carpet Cleaning

Amount: $172.50
Awarded to: Landlord
Reason: Carpet Cleaning

Cleaning

Amount: $621.00
Awarded to: Landlord
Reason: Cleaning

Repairs: Wall damage

Amount: $920.00
Awarded to: Landlord
Reason: Repairs: Wall damage

Claim types — money lines allowed on this order

Carpet Cleaning Cleanliness Filing Fee Property damage Rent arrears Rubbish Removal

Order

Cassandra Aiono must pay Shelter Realty Limited Acting Agent For R & R Investment Auckland Ltd $6,028.94 immediately, calculated as shown in table below.

Reasons

The landlord attended the hearing. The tenant 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 and water rates?

The tenancy ended on 4 September 2023. The landlord provided rent records and water rates invoices which prove the amount owing at the end of the tenancy.
The bond had been released earlier to the landlord which reduced the rent arrears.

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.
The tenant did not return the keys.
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: wall holes. The damage is more than fair wear and tear, and the tenant has not disproved liability for the damage.
The amounts ordered are proved.
The landlord sought reimbursement for a broken window. The window was broken after the tenancy ended. There is no evidence that the tenant was responsible for breaking the window. I decline to award reimbursement for the broken window.
Because Shelter Realty Limited Acting Agent For R & R Investment Auckland Ltd has substantially succeeded with the claim I have reimbursed 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 4729609 — net $6,028.94 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears to 4 September 2023	$2,640.00	Rent arrears to 4 September 2023
Lock/key replacement	$160.00	Lock/key replacement
Carpet Cleaning	$172.50	Carpet Cleaning
Cleaning	$621.00	Cleaning
Repairs: Wall damage	$920.00	Repairs: Wall damage
Rubbish removal	$1,495.00	Rubbish removal
Filing fee reimbursement	$20.44	Filing fee reimbursement
Net award	$6,028.94
Total payable by Tenant to Landlord	$6,028.94

Claims and awards for application 4729609 — net $6,028.94 NZD. Verify on MoJ.

Rent arrears to 4 September 2023

Amount: $2,640.00
Awarded to: Landlord
Reason: Rent arrears to 4 September 2023

Lock/key replacement

Amount: $160.00
Awarded to: Landlord
Reason: Lock/key replacement

Carpet Cleaning

Amount: $172.50
Awarded to: Landlord
Reason: Carpet Cleaning

Cleaning

Amount: $621.00
Awarded to: Landlord
Reason: Cleaning

Repairs: Wall damage

Amount: $920.00
Awarded to: Landlord
Reason: Repairs: Wall damage

Claim types — money lines allowed on this order

Carpet Cleaning Cleanliness Filing Fee Property damage Rent arrears Rubbish Removal

Order

Cassandra Aiono must pay Shelter Realty Limited Acting Agent For R & R Investment Auckland Ltd $6,028.94 immediately, calculated as shown in table below.

Reasons

The landlord attended the hearing. The tenant 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 and water rates?

The tenancy ended on 4 September 2023. The landlord provided rent records and water rates invoices which prove the amount owing at the end of the tenancy.
The bond had been released earlier to the landlord which reduced the rent arrears.

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.
The tenant did not return the keys.
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: wall holes. The damage is more than fair wear and tear, and the tenant has not disproved liability for the damage.
The amounts ordered are proved.
The landlord sought reimbursement for a broken window. The window was broken after the tenancy ended. There is no evidence that the tenant was responsible for breaking the window. I decline to award reimbursement for the broken window.
Because Shelter Realty Limited Acting Agent For R & R Investment Auckland Ltd has substantially succeeded with the claim I have reimbursed the filing fee.

Tenancy Tribunal case 4729609 — Rent arrears at 4199 Great North Road, Glen Eden, Auckland 0602

At a glance

Tenancy Tribunal case 4729609 — Rent arrears at 4199 Great North 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