What was the outcome of Tenancy Tribunal case 4779186?

The tribunal order states: Immanuel Mukata and Emillia Rumbidzai Magengezha must pay Aspire

How much money was awarded in case 4779186?

Cleaning: $350.00 awarded to landlord; Cleaning: $350.00 awarded to landlord; Cleaning: $96.98 awarded to landlord; Cleaning: $1,035.00 awarded to landlord; Eviction Warrant: $200.00 awarded to landlord; Filing Fee: $20.44 awarded to landlord; Lawns and Garden Work: $200.00 awarded to landlord; Lightbulbs: $10.99 awarded to landlord; Pest Control: $379.50 awarded to landlord; Property Damage: $608.35 awarded to landlord; Property Damage: $400.00 awarded to landlord; Rubbish Removal: $1,871.05 awarded to landlord

What type of tenancy dispute was case 4779186?

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

Where can I read the official tribunal order for case 4779186?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/10715036-Tenancy_Tribunal_Order.pdf.

What was the outcome of Tenancy Tribunal case 4779186?

The tribunal order states: Immanuel Mukata and Emillia Rumbidzai Magengezha must pay Aspire

How much money was awarded in case 4779186?

Cleaning: $350.00 awarded to landlord; Cleaning: $350.00 awarded to landlord; Cleaning: $96.98 awarded to landlord; Cleaning: $1,035.00 awarded to landlord; Eviction Warrant: $200.00 awarded to landlord; Filing Fee: $20.44 awarded to landlord; Lawns and Garden Work: $200.00 awarded to landlord; Lightbulbs: $10.99 awarded to landlord; Pest Control: $379.50 awarded to landlord; Property Damage: $608.35 awarded to landlord; Property Damage: $400.00 awarded to landlord; Rubbish Removal: $1,871.05 awarded to landlord

What type of tenancy dispute was case 4779186?

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

Where can I read the official tribunal order for case 4779186?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/10715036-Tenancy_Tribunal_Order.pdf.

19 Fairlea Road, Te Atatu South, Auckland 0610 Tenancy Tribunal Case 4779186 — Cleanliness

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19 Fairlea Road, Te Atatu South, Auckland 0610 Tenancy Tribunal Case 4779186 — Cleanliness | 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 4779186 — net $5,522.31 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Eviction warrant	$200.00	Eviction warrant
Rubbish removal: house contents	$1,871.05	Rubbish removal: house contents
Pest control	$379.50	Pest control
Lock/key replacement	$608.35	Lock/key replacement
Cleaning: Big Tick	$350.00	Cleaning: Big Tick
Cleaning: Second	$1,035.00	Cleaning: Second
Lawns and Garden work	$200.00	Lawns and Garden work
Cleaning: Odour	$96.98	Cleaning: Odour
Light bulbs/batteries	$10.99	Light bulbs/batteries
Filing fee reimbursement	$20.44	Filing fee reimbursement
Repairs: Plumbing repair	$400.00	Repairs: Plumbing repair
Heat pump clean	$350.00	Heat pump clean
Net award	$5,522.31
Total payable by Tenant to Landlord	$5,522.31

Claims and awards for application 4779186 — net $5,522.31 NZD. Verify on MoJ.

Eviction warrant

Amount: $200.00
Awarded to: Landlord
Reason: Eviction warrant

Rubbish removal: house contents

Amount: $1,871.05
Awarded to: Landlord
Reason: Rubbish removal: house contents

Pest control

Amount: $379.50
Awarded to: Landlord
Reason: Pest control

Lock/key replacement

Amount: $608.35
Awarded to: Landlord
Reason: Lock/key replacement

Cleaning: Big Tick

Amount: $350.00
Awarded to: Landlord
Reason: Cleaning: Big Tick

Claim types — money lines allowed on this order

Cleanliness Filing Fee Lawns And Garden Work Property damage Pest Control Rubbish Removal

Order

Immanuel Mukata and Emillia Rumbidzai Magengezha must pay Aspire Property Services Limited $5,522.31 immediately, calculated as shown in table below.

Reasons

The landlord attended the hearing which was held by teleconference. The tenant did not answer any of the four calls made to him at the scheduled time on the numbers provided to the Tribunal.
Because I am satisfied the tenant has been served notice of the hearing in accordance with the Residential Tenancies Act, 1986, the hearing was conducted in the tenant’s absence.
The landlord has applied for compensation and reimbursement of the filing fee following the end of the tenancy.
The landlord states that the tenancy ended on 13 December 2023. The landlord made a one-party application to the Bond Centre for the bond, and the tenant did not respond within the required timeframe. The bond was then awarded to the landlord.
The landlord states that the tenant’s family members paid off rent arrears and outstanding water rates.
The landlord then made an application to the Tenancy Tribunal for compensation for their costs.

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 must also replace standard light bulbs.
The tenant did not leave the premises reasonably clean and tidy, and did not remove all rubbish. The landlord explained that the tenant left the property locked up with all their belongings and food still in the property. By the time the landlord took possession of the property, the perishable items were rotten and there was a strong fetid smell in the premises.
The tenant did not return the keys or the garage opener.
The landlord had to replace light bulbs and batteries for the heat pump.
The amounts awarded are the full costs that the landlord claims with the following exceptions: a. The landlord made two claims for rodent control measures. One was for $267.88 for equipment that the landlord purchased to catch rodents, and the second was for $379.50 for professional pest controllers. I have awarded the claim for professional pest controllers but not for the landlord’s own, unsuccessful attempts. b. The landlord claimed $420.00 for lawnmowing. Google Maps shows the property to be small and I consider $420.00 excessive. I have awarded $200.00. c. The landlord claimed amounts for plumbing repairs that they explained were covered by the insurance claim subsequently made. The insurance excess has been awarded.
The amounts ordered are proved.
Because Aspire Property Services Limited 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 4779186 — net $5,522.31 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Eviction warrant	$200.00	Eviction warrant
Rubbish removal: house contents	$1,871.05	Rubbish removal: house contents
Pest control	$379.50	Pest control
Lock/key replacement	$608.35	Lock/key replacement
Cleaning: Big Tick	$350.00	Cleaning: Big Tick
Cleaning: Second	$1,035.00	Cleaning: Second
Lawns and Garden work	$200.00	Lawns and Garden work
Cleaning: Odour	$96.98	Cleaning: Odour
Light bulbs/batteries	$10.99	Light bulbs/batteries
Filing fee reimbursement	$20.44	Filing fee reimbursement
Repairs: Plumbing repair	$400.00	Repairs: Plumbing repair
Heat pump clean	$350.00	Heat pump clean
Net award	$5,522.31
Total payable by Tenant to Landlord	$5,522.31

Claims and awards for application 4779186 — net $5,522.31 NZD. Verify on MoJ.

Eviction warrant

Amount: $200.00
Awarded to: Landlord
Reason: Eviction warrant

Rubbish removal: house contents

Amount: $1,871.05
Awarded to: Landlord
Reason: Rubbish removal: house contents

Pest control

Amount: $379.50
Awarded to: Landlord
Reason: Pest control

Lock/key replacement

Amount: $608.35
Awarded to: Landlord
Reason: Lock/key replacement

Cleaning: Big Tick

Amount: $350.00
Awarded to: Landlord
Reason: Cleaning: Big Tick

Claim types — money lines allowed on this order

Cleanliness Filing Fee Lawns And Garden Work Property damage Pest Control Rubbish Removal

Order

Immanuel Mukata and Emillia Rumbidzai Magengezha must pay Aspire Property Services Limited $5,522.31 immediately, calculated as shown in table below.

Reasons

The landlord attended the hearing which was held by teleconference. The tenant did not answer any of the four calls made to him at the scheduled time on the numbers provided to the Tribunal.
Because I am satisfied the tenant has been served notice of the hearing in accordance with the Residential Tenancies Act, 1986, the hearing was conducted in the tenant’s absence.
The landlord has applied for compensation and reimbursement of the filing fee following the end of the tenancy.
The landlord states that the tenancy ended on 13 December 2023. The landlord made a one-party application to the Bond Centre for the bond, and the tenant did not respond within the required timeframe. The bond was then awarded to the landlord.
The landlord states that the tenant’s family members paid off rent arrears and outstanding water rates.
The landlord then made an application to the Tenancy Tribunal for compensation for their costs.

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 must also replace standard light bulbs.
The tenant did not leave the premises reasonably clean and tidy, and did not remove all rubbish. The landlord explained that the tenant left the property locked up with all their belongings and food still in the property. By the time the landlord took possession of the property, the perishable items were rotten and there was a strong fetid smell in the premises.
The tenant did not return the keys or the garage opener.
The landlord had to replace light bulbs and batteries for the heat pump.
The amounts awarded are the full costs that the landlord claims with the following exceptions: a. The landlord made two claims for rodent control measures. One was for $267.88 for equipment that the landlord purchased to catch rodents, and the second was for $379.50 for professional pest controllers. I have awarded the claim for professional pest controllers but not for the landlord’s own, unsuccessful attempts. b. The landlord claimed $420.00 for lawnmowing. Google Maps shows the property to be small and I consider $420.00 excessive. I have awarded $200.00. c. The landlord claimed amounts for plumbing repairs that they explained were covered by the insurance claim subsequently made. The insurance excess has been awarded.
The amounts ordered are proved.
Because Aspire Property Services Limited has substantially succeeded with the claim I have reimbursed the filing fee.

Tenancy Tribunal case 4779186 — Cleanliness at 19 Fairlea Road, Te Atatu South, Auckland 0610

At a glance

Tenancy Tribunal case 4779186 — Cleanliness at 19 Fairlea Road, Te Atatu South, Auckland 0610

At a glance

Award balance

Claims & awards

Order

Reasons

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

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