What was the outcome of Tenancy Tribunal case 4742390?

The tribunal order states: Natalia Peyroux must pay Haven Living Management Limited T/A: Walker Weir

How much money was awarded in case 4742390?

Cleaning: $250.00 awarded to landlord; Filing Fee: $20.44 awarded to landlord; Rent Arrears: $4,615.71 awarded to landlord; Property Damage: $229.00 awarded to landlord; Rubbish Removal: $286.35 awarded to landlord; Water Rates: $639.06 awarded to landlord

What type of tenancy dispute was case 4742390?

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

Where can I read the official tribunal order for case 4742390?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/9918546-Tenancy_Tribunal_Order.pdf.

What was the outcome of Tenancy Tribunal case 4742390?

The tribunal order states: Natalia Peyroux must pay Haven Living Management Limited T/A: Walker Weir

How much money was awarded in case 4742390?

Cleaning: $250.00 awarded to landlord; Filing Fee: $20.44 awarded to landlord; Rent Arrears: $4,615.71 awarded to landlord; Property Damage: $229.00 awarded to landlord; Rubbish Removal: $286.35 awarded to landlord; Water Rates: $639.06 awarded to landlord

What type of tenancy dispute was case 4742390?

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

Where can I read the official tribunal order for case 4742390?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/9918546-Tenancy_Tribunal_Order.pdf.

44 Tuhono Street, Manukau, Auckland 2104 Tenancy Tribunal Case 4742390 — Rent arrears

Tenantcheck Insights

Loading insights…

Pulling tribunal records

Loading insights…

Pulling tribunal records

44 Tuhono Street, Manukau, Auckland 2104 Tenancy Tribunal Case 4742390 — 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 4742390 — net $3,360.56 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears to 9 January 2023	$4,615.71	Rent arrears to 9 January 2023
Water rates	$639.06	Water rates
Rubbish removal	$286.35	Rubbish removal
Cleaning	$250.00	Cleaning
Repairs: wall panel heater replacement	$229.00	Repairs: wall panel heater replacement
Filing fee reimbursement	$20.44	Filing fee reimbursement
Net award	$3,360.56
Total payable by Tenant to Landlord	$3,360.56

Claims and awards for application 4742390 — net $3,360.56 NZD. Verify on MoJ.

Rent arrears to 9 January 2023

Amount: $4,615.71
Awarded to: Landlord
Reason: Rent arrears to 9 January 2023

Water rates

Amount: $639.06
Awarded to: Landlord
Reason: Water rates

Rubbish removal

Amount: $286.35
Awarded to: Landlord
Reason: Rubbish removal

Cleaning

Amount: $250.00
Awarded to: Landlord
Reason: Cleaning

Repairs: wall panel heater replacement

Amount: $229.00
Awarded to: Landlord
Reason: Repairs: wall panel heater replacement

Claim types — money lines allowed on this order

Cleanliness Filing Fee Rent arrears Property damage Rubbish Removal Water Rates

Order

Natalia Peyroux must pay Haven Living Management Limited T/A: Walker Weir Property Management As Agent For Katie Thomas $3,360.56 immediately, calculated as shown in table below.
The Bond Centre is to pay the bond of $2,680.00 (6427245-001) to Haven Living Management Limited T/A: Walker Weir Property Management As Agent For Katie Thomas immediately.

Reasons

The agents for the landlord attended the hearing. There was no appearance by the tenant. This was a tenancy for 2 ½ years which ended when the landlord sold the property.
The landlord has applied for rent arrears, water use owing, compensation for rubbish removal, cleaning and damages to wall and floor, refund of the bond, and reimbursement of the filing fee following the end of the tenancy.

How much is owed for rent and water?

The tenancy ended on 9 January 2024. The landlord provided rent records and water rates invoices which prove the amount owing at the end of the tenancy being $4615.71 for rent and $639.06 for water usage.

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 entire premises reasonably clean and tidy, but many aspects were reasonably clean. The tenant did not remove all rubbish and items left mostly outside needed to be removed.
Parts of the premises required some extra cleaning from professional cleaners. The tenant should contribute to this cost.
The amounts awarded accordingly 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.
The landlord says the following damage was caused during the tenancy: wall damage, laminate flooring in kitchen (repaired in September 2023) and lounge (repaired in January 2024) and replacement panel heater.
Wall: The landlord claims $160.00 for repairs to the wall. The landlord bought paint for the tenant to fix some minor scratches. There is a text referring to repairs but no context about this and no invoice provided.
I am not satisfied this claim is made out. The agent showed a couple of photos from an inspection which show a corner chip in plaster and one other small dents and scratches. Without further explanation, and from where the corner dent is, it is more than not fair wear and tear in a property which has been lived in for 2 ½ years.
Laminate Floor: Pictures provided by the agent show there are some scratch marks and some dents which may have been from furniture. The type and quality of the flooring used in such a heavy use area such as the kitchen and lounge area may mean that there will be more scratches and marks than areas of lighter use.
I do not consider the scratches and dents on this type of flooring more than fair wear and tear after use in a heavy use part of the house over 2 ½ years and dismiss this part of the claim.
Wall Panel Heater: The agent showed photos that the heater was cracked. The landlord also provided an invoice replacing the heater. I am satisfied the heater required replacement due to the crack and award the cost of replacement.
Because Haven Living Management Limited T/A: Walker Weir Property Management As Agent For Katie Thomas 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 4742390 — net $3,360.56 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears to 9 January 2023	$4,615.71	Rent arrears to 9 January 2023
Water rates	$639.06	Water rates
Rubbish removal	$286.35	Rubbish removal
Cleaning	$250.00	Cleaning
Repairs: wall panel heater replacement	$229.00	Repairs: wall panel heater replacement
Filing fee reimbursement	$20.44	Filing fee reimbursement
Net award	$3,360.56
Total payable by Tenant to Landlord	$3,360.56

Claims and awards for application 4742390 — net $3,360.56 NZD. Verify on MoJ.

Rent arrears to 9 January 2023

Amount: $4,615.71
Awarded to: Landlord
Reason: Rent arrears to 9 January 2023

Water rates

Amount: $639.06
Awarded to: Landlord
Reason: Water rates

Rubbish removal

Amount: $286.35
Awarded to: Landlord
Reason: Rubbish removal

Cleaning

Amount: $250.00
Awarded to: Landlord
Reason: Cleaning

Repairs: wall panel heater replacement

Amount: $229.00
Awarded to: Landlord
Reason: Repairs: wall panel heater replacement

Claim types — money lines allowed on this order

Cleanliness Filing Fee Rent arrears Property damage Rubbish Removal Water Rates

Order

Natalia Peyroux must pay Haven Living Management Limited T/A: Walker Weir Property Management As Agent For Katie Thomas $3,360.56 immediately, calculated as shown in table below.
The Bond Centre is to pay the bond of $2,680.00 (6427245-001) to Haven Living Management Limited T/A: Walker Weir Property Management As Agent For Katie Thomas immediately.

Reasons

The agents for the landlord attended the hearing. There was no appearance by the tenant. This was a tenancy for 2 ½ years which ended when the landlord sold the property.
The landlord has applied for rent arrears, water use owing, compensation for rubbish removal, cleaning and damages to wall and floor, refund of the bond, and reimbursement of the filing fee following the end of the tenancy.

How much is owed for rent and water?

The tenancy ended on 9 January 2024. The landlord provided rent records and water rates invoices which prove the amount owing at the end of the tenancy being $4615.71 for rent and $639.06 for water usage.

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 entire premises reasonably clean and tidy, but many aspects were reasonably clean. The tenant did not remove all rubbish and items left mostly outside needed to be removed.
Parts of the premises required some extra cleaning from professional cleaners. The tenant should contribute to this cost.
The amounts awarded accordingly 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.
The landlord says the following damage was caused during the tenancy: wall damage, laminate flooring in kitchen (repaired in September 2023) and lounge (repaired in January 2024) and replacement panel heater.
Wall: The landlord claims $160.00 for repairs to the wall. The landlord bought paint for the tenant to fix some minor scratches. There is a text referring to repairs but no context about this and no invoice provided.
I am not satisfied this claim is made out. The agent showed a couple of photos from an inspection which show a corner chip in plaster and one other small dents and scratches. Without further explanation, and from where the corner dent is, it is more than not fair wear and tear in a property which has been lived in for 2 ½ years.
Laminate Floor: Pictures provided by the agent show there are some scratch marks and some dents which may have been from furniture. The type and quality of the flooring used in such a heavy use area such as the kitchen and lounge area may mean that there will be more scratches and marks than areas of lighter use.
I do not consider the scratches and dents on this type of flooring more than fair wear and tear after use in a heavy use part of the house over 2 ½ years and dismiss this part of the claim.
Wall Panel Heater: The agent showed photos that the heater was cracked. The landlord also provided an invoice replacing the heater. I am satisfied the heater required replacement due to the crack and award the cost of replacement.
Because Haven Living Management Limited T/A: Walker Weir Property Management As Agent For Katie Thomas has substantially succeeded with the claim I have reimbursed the filing fee.

Tenancy Tribunal case 4742390 — Rent arrears at 44 Tuhono Street, Manukau, Auckland 2104

At a glance

Tenancy Tribunal case 4742390 — Rent arrears at 44 Tuhono Street, Manukau, Auckland 2104

At a glance

Award balance

Claims & awards

Order

Reasons

How much is owed for rent and water?

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?

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