What was the outcome of Tenancy Tribunal case 4770698?

The tribunal order states: Reimana Tihine Bryers Hataraka and Lynley Hataraka must pay Js Property

How much money was awarded in case 4770698?

Rubbish Removal: $1,683.00 awarded to landlord; Filing Fee: $20.44 awarded to landlord; Lawns and Garden Work: $180.00 awarded to landlord; Property Damage: $208.15 awarded to landlord; Rent Arrears: $1,980.00 awarded to landlord; Water Rates: $555.59 awarded to landlord

What type of tenancy dispute was case 4770698?

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

Where can I read the official tribunal order for case 4770698?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/10404298-Tenancy_Tribunal_Order.pdf.

What was the outcome of Tenancy Tribunal case 4770698?

The tribunal order states: Reimana Tihine Bryers Hataraka and Lynley Hataraka must pay Js Property

How much money was awarded in case 4770698?

Rubbish Removal: $1,683.00 awarded to landlord; Filing Fee: $20.44 awarded to landlord; Lawns and Garden Work: $180.00 awarded to landlord; Property Damage: $208.15 awarded to landlord; Rent Arrears: $1,980.00 awarded to landlord; Water Rates: $555.59 awarded to landlord

What type of tenancy dispute was case 4770698?

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

Where can I read the official tribunal order for case 4770698?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/10404298-Tenancy_Tribunal_Order.pdf.

38 Awa Street, Otahuhu, Auckland 1062 Tenancy Tribunal Case 4770698 — Rent arrears

Order

Claims and awards in Tenancy Tribunal application 4770698 — net $3,067.18 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears	$1,980.00	Rent arrears
Filing fee reimbursement	$20.44	Filing fee reimbursement
Water rates	$555.59	Water rates
Cleaning: Rubbish removal	$1,683.00	Cleaning: Rubbish removal
Lawns and Garden work	$180.00	Lawns and Garden work
Lock/key replacement	$208.15	Lock/key replacement
Net award	$3,067.18
Total payable by Tenant to Landlord	$3,067.18

Reimana Tihine Bryers Hataraka and Lynley Hataraka must pay Js Property Management Limited as Agent for Am Rentals $3,067.18 immediately for rent arrears to 22 December 2023, cleaning, rubbish removal, lawns, water bills, lock replacement and reimbursement of filing fee, as calculated and shown in table below: DescriptionLandlord Rent arrears$1,980.00 Filing fee reimbursement$20.44 Water rates$555.59 Cleaning: Rubbish removal$1,683.00 Lawns and Garden work$180.00 Lock/key replacement$208.15 Total award$4,627.18 Minus Bond-$1,560.00 Total payable by Tenant to Landlord$3,067.18

The Bond Centre is to pay the bond of $1,560.00 (5254079-004) to Js Property Management Limited as Agent for Am Rentals immediately.

Reasons

The landlord attended the hearing, the tenants did not attend.

I have checked the Tribunals records and can see that the tenants were provided with email and text messages confirming the date and time of the hearing. I am satisfied that the tenants knew of today’s hearing. I am proceeding with the hearing in their absences.

The landlord has applied for rent arrears, compensation, refund of the bond, and reimbursement of the filing fee following the end of the tenancy.

The tenants served notice on the landlord to terminate their tenancy. The tenancy was to end on 12 December 2023. However, one of the tenants remained at the property after the end of the tenancy.

How much is owed for rent and water rates?

The tenancy was to end on 12 December 2023. One of the tenants remained in the property after the termination date. The landlord checked and the tenant was still at the property on 22 December 2023. The landlord seeks rent until the 22 December 2023. The rent records show that as of 22 December 2023 the rent owed was $1980.00.

At the end of the tenancy the water bills owed were $555.59. During the tenancy, the tenants were paying $100 per month towards the water bills. This was calculated on the number of occupants at the property and the average daily usage. The tenants exceeded the number of occupants residing at the property. As a result, the water usage was higher than allocated for. At the end of the tenancy there was a wash up of $555.59 in water bills owing.

The landlord provided rent records and water rates invoices which prove the amount owing at the end of the tenancy.

I am satisfied that the landlord has proven their claim for water bills and 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 is required to replace worn out smoke alarm batteries during the tenancy. See section 40(1) (ca) Residential Tenancies Act 1986. The tenant must also replace standard light bulbs. Cleaning and rubbish removal

The tenant did not leave the premises reasonably clean and tidy and did not remove all rubbish.

The landlord has provided the Tribunal with a pre let inspection report and photographs and an exit inspection report and photographs.

The exit report and photographs show the house was left in an unclean state with rubbish left throughout the house and property.

In addition, the landlord has provided an invoice dated 13 January 2024 from Henry Moon for $1683.00 for cleaning and rubbish removal costs.

I am satisfied that the landlord has proven their claim for cleaning and rubbish removal. Locksmith costs

The landlord replaced the keys at the property as a result of the tenant and some unknown other people residing at the house after the end of the tenancy.

The landlord provided the Tribunal with an invoice dated 11 January 2024 from Alarm Lock for $208.15 for the replacement of locks and keys.

I am satisfied the landlord has proven their claim for the locksmith costs. Lawns

The exit inspection report showed that the lawns were overgrown and unkempt. The lawns had clearly not been mown for many months.

The landlord provided the Tribunal with an invoice dated 15 January 2024 from Pari Snacks for $180.00 for lawn mowing.

I am satisfied that the landlord has proven their claim for the lawns.

The amounts ordered are proved. Bond and filing fee:

The bond is to be refunded to the landlord immediately from the Bond Centre to offset the debt owed to the landlord by the tenants.

Because Js Property Management Limited as Agent for Am Rentals has wholly succeeded with the claim I must reimburse the filing fee.

Claims and awards in Tenancy Tribunal application 4770698 — net $3,067.18 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears	$1,980.00	Rent arrears
Filing fee reimbursement	$20.44	Filing fee reimbursement
Water rates	$555.59	Water rates
Cleaning: Rubbish removal	$1,683.00	Cleaning: Rubbish removal
Lawns and Garden work	$180.00	Lawns and Garden work
Lock/key replacement	$208.15	Lock/key replacement
Net award	$3,067.18
Total payable by Tenant to Landlord	$3,067.18

Order

Reimana Tihine Bryers Hataraka and Lynley Hataraka must pay Js Property Management Limited as Agent for Am Rentals $3,067.18 immediately for rent arrears to 22 December 2023, cleaning, rubbish removal, lawns, water bills, lock replacement and reimbursement of filing fee, as calculated and shown in table below: DescriptionLandlord Rent arrears$1,980.00 Filing fee reimbursement$20.44 Water rates$555.59 Cleaning: Rubbish removal$1,683.00 Lawns and Garden work$180.00 Lock/key replacement$208.15 Total award$4,627.18 Minus Bond-$1,560.00 Total payable by Tenant to Landlord$3,067.18
The Bond Centre is to pay the bond of $1,560.00 (5254079-004) to Js Property Management Limited as Agent for Am Rentals immediately.

Reasons

The landlord attended the hearing, the tenants did not attend.
I have checked the Tribunals records and can see that the tenants were provided with email and text messages confirming the date and time of the hearing. I am satisfied that the tenants knew of today’s hearing. I am proceeding with the hearing in their absences.
The landlord has applied for rent arrears, compensation, refund of the bond, and reimbursement of the filing fee following the end of the tenancy.
The tenants served notice on the landlord to terminate their tenancy. The tenancy was to end on 12 December 2023. However, one of the tenants remained at the property after the end of the tenancy.

How much is owed for rent and water rates?

The tenancy was to end on 12 December 2023. One of the tenants remained in the property after the termination date. The landlord checked and the tenant was still at the property on 22 December 2023. The landlord seeks rent until the 22 December 2023. The rent records show that as of 22 December 2023 the rent owed was $1980.00.
At the end of the tenancy the water bills owed were $555.59. During the tenancy, the tenants were paying $100 per month towards the water bills. This was calculated on the number of occupants at the property and the average daily usage. The tenants exceeded the number of occupants residing at the property. As a result, the water usage was higher than allocated for. At the end of the tenancy there was a wash up of $555.59 in water bills owing.
The landlord provided rent records and water rates invoices which prove the amount owing at the end of the tenancy.
I am satisfied that the landlord has proven their claim for water bills and 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 is required to replace worn out smoke alarm batteries during the tenancy. See section 40(1) (ca) Residential Tenancies Act 1986. The tenant must also replace standard light bulbs. Cleaning and rubbish removal
The tenant did not leave the premises reasonably clean and tidy and did not remove all rubbish.
The landlord has provided the Tribunal with a pre let inspection report and photographs and an exit inspection report and photographs.
The exit report and photographs show the house was left in an unclean state with rubbish left throughout the house and property.
In addition, the landlord has provided an invoice dated 13 January 2024 from Henry Moon for $1683.00 for cleaning and rubbish removal costs.
I am satisfied that the landlord has proven their claim for cleaning and rubbish removal. Locksmith costs
The landlord replaced the keys at the property as a result of the tenant and some unknown other people residing at the house after the end of the tenancy.
The landlord provided the Tribunal with an invoice dated 11 January 2024 from Alarm Lock for $208.15 for the replacement of locks and keys.
I am satisfied the landlord has proven their claim for the locksmith costs. Lawns
The exit inspection report showed that the lawns were overgrown and unkempt. The lawns had clearly not been mown for many months.
The landlord provided the Tribunal with an invoice dated 15 January 2024 from Pari Snacks for $180.00 for lawn mowing.
I am satisfied that the landlord has proven their claim for the lawns.
The amounts ordered are proved. Bond and filing fee:
The bond is to be refunded to the landlord immediately from the Bond Centre to offset the debt owed to the landlord by the tenants.
Because Js Property Management Limited as Agent for Am Rentals has wholly succeeded with the claim I must reimburse the filing fee.

Tenancy Tribunal case 4770698 — Rent arrears at 38 Awa Street, Otahuhu, Auckland 1062

At a glance

Tenancy Tribunal case 4770698 — Rent arrears at 38 Awa Street, Otahuhu, Auckland 1062

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?

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?

Topics & place

Residential Tenancies Act sections

Key findings

Property management

Frequently asked questions