What was the outcome of Tenancy Tribunal case 4783825?

The tribunal order states: Petesa Tafa and Betty Uelese must pay Barfoot & Thompson Limited as Agent

How much money was awarded in case 4783825?

Cleaning: $184.00 awarded to landlord; Cleaning: $253.00 awarded to landlord; Filing Fee: $20.44 awarded to landlord; Lawns and Garden Work: $80.50 awarded to landlord; Rent Arrears: $5,420.00 awarded to landlord; Water Rates: $345.10 awarded to landlord

What type of tenancy dispute was case 4783825?

The primary dispute was Rent arrears. Related themes: Cleanliness.

Where can I read the official tribunal order for case 4783825?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/10447028-Tenancy_Tribunal_Order.pdf.

What was the outcome of Tenancy Tribunal case 4783825?

The tribunal order states: Petesa Tafa and Betty Uelese must pay Barfoot & Thompson Limited as Agent

How much money was awarded in case 4783825?

Cleaning: $184.00 awarded to landlord; Cleaning: $253.00 awarded to landlord; Filing Fee: $20.44 awarded to landlord; Lawns and Garden Work: $80.50 awarded to landlord; Rent Arrears: $5,420.00 awarded to landlord; Water Rates: $345.10 awarded to landlord

What type of tenancy dispute was case 4783825?

The primary dispute was Rent arrears. Related themes: Cleanliness.

Where can I read the official tribunal order for case 4783825?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/10447028-Tenancy_Tribunal_Order.pdf.

26 Kamana Road, Flat Bush, Auckland 2019 Tenancy Tribunal Case 4783825 — Rent arrears

Order

Claims and awards in Tenancy Tribunal application 4783825 — net $3,303.04 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears	$5,420.00	Rent arrears
Carpet Cleaning	$184.00	Carpet Cleaning
Lawns and Garden work	$80.50	Lawns and Garden work
Cleaning	$253.00	Cleaning
Filing fee reimbursement	$20.44	Filing fee reimbursement
Water rates	$345.10	Water rates
Net award	$3,303.04
Total payable by Tenant to Landlord	$3,303.04

Petesa Tafa and Betty Uelese must pay Barfoot & Thompson Limited as Agent for Harmandeep Batra $3,303.04 immediately for rent arrears to 1 February 2024, water bills and compensation, as calculated and shown in table below: DescriptionLandlord Rent arrears$5,420.00 Carpet Cleaning$184.00 Lawns and Garden work$80.50 Cleaning$253.00 Filing fee reimbursement$20.44 Water rates$345.10 Total award$6,303.04 Minus Bond-$3,000.00 Total payable by Tenant to Landlord$3,303.04

The Bond Centre is to pay the bond of $3,000.00 (6113749-005) to Barfoot & Thompson Limited as Agent for Harmandeep Batra immediately.

I am dismissing the landlords claim for the light repairs.

Reasons

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

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 1 February 2024. The landlord provided rent records and water rates invoices which prove the amount owing at the end of the tenancy on 1 February 2024.

The rent arrears were $5420.00, and the water bills were $345.10 as at the end of the tenancy.

I am satisfied that the landlord has proven their claim for rent arrears and water bills.

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.

The tenant did not leave the premises reasonably clean and tidy, and the lawns were overgrown.

The landlord has provided an exit report and photographs of the property at the end of the tenancy. The photos show that the lawns were overgrown and in need of mowing. Also that the carpets were stained and dirty, and that the oven, rangehood, bathroom and cupboards needed to be cleaned.

The landlord also provided invoices from Workbull Limited for $80.50 dated 19 February 2024 for lawn mowing, X-Press Facilities Services Limited for $253.00 dated 15 February 2024 for cleaning, Carpet Master for $184.00 dated 20 February 2024 for carpet cleaning.

I am satisfied that the landlord has proven their claim for cleaning, carpet cleaning and lawn mowing.

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 landlord claims that a light was damaged during the tenancy. However, has not provided an invoice for the repairs to the light. I am not satisfied that the landlord has proven their claim for the light repairs.

I am dismissing the landlord claim for the light repairs.

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

Because Barfoot & Thompson Limited as Agent for Harmandeep Batra has substantially succeeded with the claim I have reimbursed the filing fee.

Claims and awards in Tenancy Tribunal application 4783825 — net $3,303.04 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears	$5,420.00	Rent arrears
Carpet Cleaning	$184.00	Carpet Cleaning
Lawns and Garden work	$80.50	Lawns and Garden work
Cleaning	$253.00	Cleaning
Filing fee reimbursement	$20.44	Filing fee reimbursement
Water rates	$345.10	Water rates
Net award	$3,303.04
Total payable by Tenant to Landlord	$3,303.04

Order

Petesa Tafa and Betty Uelese must pay Barfoot & Thompson Limited as Agent for Harmandeep Batra $3,303.04 immediately for rent arrears to 1 February 2024, water bills and compensation, as calculated and shown in table below: DescriptionLandlord Rent arrears$5,420.00 Carpet Cleaning$184.00 Lawns and Garden work$80.50 Cleaning$253.00 Filing fee reimbursement$20.44 Water rates$345.10 Total award$6,303.04 Minus Bond-$3,000.00 Total payable by Tenant to Landlord$3,303.04
The Bond Centre is to pay the bond of $3,000.00 (6113749-005) to Barfoot & Thompson Limited as Agent for Harmandeep Batra immediately.
I am dismissing the landlords claim for the light repairs.

Reasons

The landlord attended the hearing, the tenants did not attend.
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 1 February 2024. The landlord provided rent records and water rates invoices which prove the amount owing at the end of the tenancy on 1 February 2024.
The rent arrears were $5420.00, and the water bills were $345.10 as at the end of the tenancy.
I am satisfied that the landlord has proven their claim for rent arrears and water bills.

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.
The tenant did not leave the premises reasonably clean and tidy, and the lawns were overgrown.
The landlord has provided an exit report and photographs of the property at the end of the tenancy. The photos show that the lawns were overgrown and in need of mowing. Also that the carpets were stained and dirty, and that the oven, rangehood, bathroom and cupboards needed to be cleaned.
The landlord also provided invoices from Workbull Limited for $80.50 dated 19 February 2024 for lawn mowing, X-Press Facilities Services Limited for $253.00 dated 15 February 2024 for cleaning, Carpet Master for $184.00 dated 20 February 2024 for carpet cleaning.
I am satisfied that the landlord has proven their claim for cleaning, carpet cleaning and lawn mowing.

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 landlord claims that a light was damaged during the tenancy. However, has not provided an invoice for the repairs to the light. I am not satisfied that the landlord has proven their claim for the light repairs.
I am dismissing the landlord claim for the light repairs.
The bond is to be refunded to the landlord immediately from the Bond Centre to offset the debt owed by the tenant to the landlord.
Because Barfoot & Thompson Limited as Agent for Harmandeep Batra has substantially succeeded with the claim I have reimbursed the filing fee.

Tenancy Tribunal case 4783825 — Rent arrears at 26 Kamana Road, Flat Bush, Auckland 2019

At a glance

Tenancy Tribunal case 4783825 — Rent arrears at 26 Kamana Road, Flat Bush, Auckland 2019

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