What was Tenancy Tribunal case 4782722 about?

The tribunal order states: Aleisha Maniapoto must pay [The landlord/s] $2,540.11 immediately, calculated

How much money was awarded in case 4782722?

Cleaning: $223.88 awarded to landlord; Cleaning: $312.50 awarded to landlord; Filing Fee: $20.44 awarded to landlord; Property Damage: $650.29 awarded to landlord; Rent Arrears: $2,613.00 awarded to landlord

What type of tenancy dispute was case 4782722?

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

Where can I read the official tribunal order for case 4782722?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/10448398-Tribunal_Order_Redacted.pdf.

What was Tenancy Tribunal case 4782722 about?

The tribunal order states: Aleisha Maniapoto must pay [The landlord/s] $2,540.11 immediately, calculated

How much money was awarded in case 4782722?

Cleaning: $223.88 awarded to landlord; Cleaning: $312.50 awarded to landlord; Filing Fee: $20.44 awarded to landlord; Property Damage: $650.29 awarded to landlord; Rent Arrears: $2,613.00 awarded to landlord

What type of tenancy dispute was case 4782722?

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

Where can I read the official tribunal order for case 4782722?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/10448398-Tribunal_Order_Redacted.pdf.

New Zealand Tenancy Tribunal Case 4782722 — Rent arrears

Reasons

Claims and awards in Tenancy Tribunal application 4782722 — net $2,540.11 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears	$2,613.00	Rent arrears
Cleaning	$312.50	Cleaning
Carpet Cleaning	$223.88	Carpet Cleaning
Repairs	$650.29	Repairs
Filing fee reimbursement	$20.44	Filing fee reimbursement
Net award	$2,540.11
Total payable by Tenant to Landlord	$2,540.11

The landlord attended the hearing. There was no appearance for the tenant.

The landlord was granted possession of the tenancy on 23 August 2023 following an application for abandonment after the tenant had been arrested.

The landlord provided an email address for the tenant. Although that email address was recorded as an address for service in the tenancy agreement, it is now more than two months since the tenancy terminated and so that may not automatically be used as an address for service (see section 91A of the Residential Tenancies Act 1986).

According to the order made on 24 August 2023, the tenant was arrested by Police on 16 July and the front door of the flat has been damaged. The landlords were told by the tenant’s friend that the flat had been robbed, the tenant had gone to Taupo, and he was going to clean up the mess.

This did not happen and a neighbour confirmed the tenants had shifted out their stuff. The landlord entered the premises and found it mostly devoid of personal belongings and only rubbish left behind. The landlord had tried to contact the tenant numerous times without success.

I decided to dispense with service under section 91B(2)(c) on the basis that it is very difficult for the landlord to locate the tenant. Landlord’s claims

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 landlords applied for rent arrears, refund of bond, compensation and refund of filing fee. The evidence to support their claims for compensation was not sufficient and I allowed them a further opportunity to prove their claim. This was because the landlords had understood from Tenancy Services that they had to provide quotes, rather than evidence of actual loss. English is not the landlords’ first language. They are reminded that if they have any further Tribunal hearings, they are entitled to an interpreter and should tick that box on the application form, if they would like to use that service.

The landlords have now provided a detailed breakdown of their expenses. Although they did not have receipts, they provided bank statements proving their costs, which are very reasonable.

How much is owed for rent?

The tenancy ended on 23 August 2023. 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 tenant must leave the premises reasonably clean and tidy, See section 40(1)(e) Residential Tenancies Act 1986.

The tenant did not leave the premises reasonably clean and tidy. The landlord sought $312.50 for 12 ½ hours’ cleaning.

The carpet required cleaning and the landlords provided evidence of purchase of products and hiring of a rug doctor. Including their time, the cost for cleaning the carpet is $223.88.

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.

The landlord provided photographs showing damaged doors and door frame and graffiti all over one bedroom wall.

The landlord bought a second-hand door, replaced the door frame and door lock and handle. They provided evidence of payment for these and for paint. They itemised the time spent on each of these.

I am satisfied that the damage shown in the photographs is more than fair wear and tear, and the tenant has not disproved liability for the damage.

The amounts ordered are proved.

Because [The applicant/s] have wholly succeeded with the claim I must reimburse the filing fee.

Claims and awards in Tenancy Tribunal application 4782722 — net $2,540.11 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears	$2,613.00	Rent arrears
Cleaning	$312.50	Cleaning
Carpet Cleaning	$223.88	Carpet Cleaning
Repairs	$650.29	Repairs
Filing fee reimbursement	$20.44	Filing fee reimbursement
Net award	$2,540.11
Total payable by Tenant to Landlord	$2,540.11

Order

Aleisha Maniapoto must pay [The landlord/s] $2,540.11 immediately, calculated as shown in table below.
The Bond Centre is to pay the bond of $1,280.00 ([Bond number suppressed]) to [The landlord/s] immediately.

Reasons

The landlord attended the hearing. There was no appearance for the tenant.
The landlord was granted possession of the tenancy on 23 August 2023 following an application for abandonment after the tenant had been arrested.
The landlord provided an email address for the tenant. Although that email address was recorded as an address for service in the tenancy agreement, it is now more than two months since the tenancy terminated and so that may not automatically be used as an address for service (see section 91A of the Residential Tenancies Act 1986).
According to the order made on 24 August 2023, the tenant was arrested by Police on 16 July and the front door of the flat has been damaged. The landlords were told by the tenant’s friend that the flat had been robbed, the tenant had gone to Taupo, and he was going to clean up the mess.
This did not happen and a neighbour confirmed the tenants had shifted out their stuff. The landlord entered the premises and found it mostly devoid of personal belongings and only rubbish left behind. The landlord had tried to contact the tenant numerous times without success.
I decided to dispense with service under section 91B(2)(c) on the basis that it is very difficult for the landlord to locate the tenant. Landlord’s claims
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 landlords applied for rent arrears, refund of bond, compensation and refund of filing fee. The evidence to support their claims for compensation was not sufficient and I allowed them a further opportunity to prove their claim. This was because the landlords had understood from Tenancy Services that they had to provide quotes, rather than evidence of actual loss. English is not the landlords’ first language. They are reminded that if they have any further Tribunal hearings, they are entitled to an interpreter and should tick that box on the application form, if they would like to use that service.
The landlords have now provided a detailed breakdown of their expenses. Although they did not have receipts, they provided bank statements proving their costs, which are very reasonable.

How much is owed for rent?

The tenancy ended on 23 August 2023. 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 tenant must leave the premises reasonably clean and tidy, See section 40(1)(e) Residential Tenancies Act 1986.
The tenant did not leave the premises reasonably clean and tidy. The landlord sought $312.50 for 12 ½ hours’ cleaning.
The carpet required cleaning and the landlords provided evidence of purchase of products and hiring of a rug doctor. Including their time, the cost for cleaning the carpet is $223.88.
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.
The landlord provided photographs showing damaged doors and door frame and graffiti all over one bedroom wall.
The landlord bought a second-hand door, replaced the door frame and door lock and handle. They provided evidence of payment for these and for paint. They itemised the time spent on each of these.
I am satisfied that the damage shown in the photographs is more than fair wear and tear, and the tenant has not disproved liability for the damage.
The amounts ordered are proved.
Because [The applicant/s] have wholly succeeded with the claim I must reimburse the filing fee.

Tenancy Tribunal case 4782722 — Rent arrears

At a glance

Tenancy Tribunal case 4782722 — Rent arrears

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

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

Frequently asked questions