What was the outcome of Tenancy Tribunal case 4802877?

The tribunal order states: Pauline Hala, Sulia Holaifa Vea and Tali-Ma'Ake Vea must pay Ailsa (Jinsong)

How much money was awarded in case 4802877?

Cleaning: $184.00 awarded to landlord; Cleaning: $750.00 awarded to landlord; Filing Fee: $20.44 awarded to landlord; Rent Arrears: $6,300.00 awarded to landlord; Walls and Doors: $690.00 awarded to landlord; Water Rates: $189.07 awarded to landlord; Property Damage: $805.00 awarded to landlord

What type of tenancy dispute was case 4802877?

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

Where can I read the official tribunal order for case 4802877?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/10425874-Tenancy_Tribunal_Order.pdf.

What was the outcome of Tenancy Tribunal case 4802877?

The tribunal order states: Pauline Hala, Sulia Holaifa Vea and Tali-Ma'Ake Vea must pay Ailsa (Jinsong)

How much money was awarded in case 4802877?

Cleaning: $184.00 awarded to landlord; Cleaning: $750.00 awarded to landlord; Filing Fee: $20.44 awarded to landlord; Rent Arrears: $6,300.00 awarded to landlord; Walls and Doors: $690.00 awarded to landlord; Water Rates: $189.07 awarded to landlord; Property Damage: $805.00 awarded to landlord

What type of tenancy dispute was case 4802877?

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

Where can I read the official tribunal order for case 4802877?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/10425874-Tenancy_Tribunal_Order.pdf.

43 Hamilton Road, Papatoetoe, Auckland 2025 Tenancy Tribunal Case 4802877 — Rent arrears

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43 Hamilton Road, Papatoetoe, Auckland 2025 Tenancy Tribunal Case 4802877 — 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 4802877 — net $5,938.51 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears to 7/2/24	$6,300.00	2. The landlord has applied for rent arrears water rates arrears compensation for cleaning, carpet shampoo, repairs to windows doors and walls, refund of the b…
Cleaning	$750.00	Cleaning
Water rates	$189.07	Water rates
Carpet Cleaning	$184.00	Carpet Cleaning
Repairs: Walls and doors	$690.00	Repairs: Walls and doors
Window repairs: 5x windows	$805.00	Window repairs: 5x windows
Filing fee reimbursement	$20.44	Filing fee reimbursement
Net award	$5,938.51
Total payable by Tenant to Landlord	$5,938.51

Claims and awards for application 4802877 — net $5,938.51 NZD. Verify on MoJ.

Rent arrears to 7/2/24

Amount: $6,300.00
Awarded to: Landlord
Reason: 2. The landlord has applied for rent arrears water rates arrears compensation for cleaning, carpet shampoo, repairs to windows doors and walls, refund of the b…

Cleaning

Amount: $750.00
Awarded to: Landlord
Reason: Cleaning

Water rates

Amount: $189.07
Awarded to: Landlord
Reason: Water rates

Carpet Cleaning

Amount: $184.00
Awarded to: Landlord
Reason: Carpet Cleaning

Repairs: Walls and doors

Amount: $690.00
Awarded to: Landlord
Reason: Repairs: Walls and doors

Claim types — money lines allowed on this order

Carpet Cleaning Cleanliness Filing Fee Rent arrears Property damage Water Rates

Order

Pauline Hala, Sulia Holaifa Vea and Tali-Ma'Ake Vea must pay Ailsa (Jinsong) Zou $5,938.51 immediately, calculated as shown in table below.
The Bond Centre is to pay the bond of $3,000.00 (6011195-003) to Ailsa (Jinsong) Zou immediately.

Reasons

The landlord attended today’s hearing. The tenants did not attend.
The landlord has applied for rent arrears water rates arrears compensation for cleaning, carpet shampoo, repairs to windows doors and walls, 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 7 February 2024. The landlord provided rent records and water rates invoices 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, 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 Tenants obligation is to leave the property in a reasonably clean and tidy state and free from rubbish. Reasonably clean means clean to the standard an average, reasonable bystander would consider reasonable 1 , not commercially clean 2 , spotless hotel or motel standard. 3 Reasonably clean is not necessarily to the standard a landlord considers acceptable for a new tenant. 4
The tenant did not leave the premises reasonably clean and tidy. The landlord applied for compensation of $1000 plus GST for cleaning.
Whilst I can see from the landlord’s photographs taken on the 8 February 2024 that the property was left in a very dirty state and almost all surfaces needed cleaning, compensation can only be awarded that restores the party to the position that they would have been in had the breach not occurred.
This means that I can only award compensation to restore the house to a reasonably clean and tidy condition. I accept that the landlord may have chosen to engage contractors to clean the property and that she paid them $1000.00 but I am certain that the standard that they cleaned the property to was to a higher standard than reasonable.
The Tribunal is asked to adjudicate on cleaning breaches daily. I award the landlord $750.00 for cleaning. In coming to this amount, I have considered the size of the house and the nature and extent of the cleaning required, which included the oven, cupboards, walls, floors and windows. 1 Housing New Zealand v Holloway TT Auckland TT215/93, 8 February 1993 at 8. 2 Mills v Kiwi Property Care Ltd TT Hamilton 09/01418/HN, 27 July 2009. 3 Richards v Scully TT Christchurch TT2043/98, 21 July 1998. 4 Ace Property Management Ltd v Owens DC Wellington CIV -2008-1441, 17 December 2008

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 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 following damage was caused during the tenancy: gouges and scrapes on walls, and on doors, 5 x broken windows. The damage is more than fair wear and tear, and the tenant has not disproved liability for the damage.
The amounts ordered are proved.
I have taken into account betterment and depreciation. The landlord should be returned to the position they would have been in had the tenant not breached their obligations, and should not be better or worse off. In calculating depreciation, I have taken into account the age and condition of the items at the start of the tenancy and their likely useful lifespan.
Because Ailsa (Jinsong) Zou 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 4802877 — net $5,938.51 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears to 7/2/24	$6,300.00	2. The landlord has applied for rent arrears water rates arrears compensation for cleaning, carpet shampoo, repairs to windows doors and walls, refund of the b…
Cleaning	$750.00	Cleaning
Water rates	$189.07	Water rates
Carpet Cleaning	$184.00	Carpet Cleaning
Repairs: Walls and doors	$690.00	Repairs: Walls and doors
Window repairs: 5x windows	$805.00	Window repairs: 5x windows
Filing fee reimbursement	$20.44	Filing fee reimbursement
Net award	$5,938.51
Total payable by Tenant to Landlord	$5,938.51

Claims and awards for application 4802877 — net $5,938.51 NZD. Verify on MoJ.

Rent arrears to 7/2/24

Amount: $6,300.00
Awarded to: Landlord
Reason: 2. The landlord has applied for rent arrears water rates arrears compensation for cleaning, carpet shampoo, repairs to windows doors and walls, refund of the b…

Cleaning

Amount: $750.00
Awarded to: Landlord
Reason: Cleaning

Water rates

Amount: $189.07
Awarded to: Landlord
Reason: Water rates

Carpet Cleaning

Amount: $184.00
Awarded to: Landlord
Reason: Carpet Cleaning

Repairs: Walls and doors

Amount: $690.00
Awarded to: Landlord
Reason: Repairs: Walls and doors

Claim types — money lines allowed on this order

Carpet Cleaning Cleanliness Filing Fee Rent arrears Property damage Water Rates

Order

Pauline Hala, Sulia Holaifa Vea and Tali-Ma'Ake Vea must pay Ailsa (Jinsong) Zou $5,938.51 immediately, calculated as shown in table below.
The Bond Centre is to pay the bond of $3,000.00 (6011195-003) to Ailsa (Jinsong) Zou immediately.

Reasons

The landlord attended today’s hearing. The tenants did not attend.
The landlord has applied for rent arrears water rates arrears compensation for cleaning, carpet shampoo, repairs to windows doors and walls, 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 7 February 2024. The landlord provided rent records and water rates invoices 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, 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 Tenants obligation is to leave the property in a reasonably clean and tidy state and free from rubbish. Reasonably clean means clean to the standard an average, reasonable bystander would consider reasonable 1 , not commercially clean 2 , spotless hotel or motel standard. 3 Reasonably clean is not necessarily to the standard a landlord considers acceptable for a new tenant. 4
The tenant did not leave the premises reasonably clean and tidy. The landlord applied for compensation of $1000 plus GST for cleaning.
Whilst I can see from the landlord’s photographs taken on the 8 February 2024 that the property was left in a very dirty state and almost all surfaces needed cleaning, compensation can only be awarded that restores the party to the position that they would have been in had the breach not occurred.
This means that I can only award compensation to restore the house to a reasonably clean and tidy condition. I accept that the landlord may have chosen to engage contractors to clean the property and that she paid them $1000.00 but I am certain that the standard that they cleaned the property to was to a higher standard than reasonable.
The Tribunal is asked to adjudicate on cleaning breaches daily. I award the landlord $750.00 for cleaning. In coming to this amount, I have considered the size of the house and the nature and extent of the cleaning required, which included the oven, cupboards, walls, floors and windows. 1 Housing New Zealand v Holloway TT Auckland TT215/93, 8 February 1993 at 8. 2 Mills v Kiwi Property Care Ltd TT Hamilton 09/01418/HN, 27 July 2009. 3 Richards v Scully TT Christchurch TT2043/98, 21 July 1998. 4 Ace Property Management Ltd v Owens DC Wellington CIV -2008-1441, 17 December 2008

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 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 following damage was caused during the tenancy: gouges and scrapes on walls, and on doors, 5 x broken windows. The damage is more than fair wear and tear, and the tenant has not disproved liability for the damage.
The amounts ordered are proved.
I have taken into account betterment and depreciation. The landlord should be returned to the position they would have been in had the tenant not breached their obligations, and should not be better or worse off. In calculating depreciation, I have taken into account the age and condition of the items at the start of the tenancy and their likely useful lifespan.
Because Ailsa (Jinsong) Zou has substantially succeeded with the claim I have reimbursed the filing fee.

Tenancy Tribunal case 4802877 — Rent arrears at 43 Hamilton Road, Papatoetoe, Auckland 2025

At a glance

Tenancy Tribunal case 4802877 — Rent arrears at 43 Hamilton Road, Papatoetoe, Auckland 2025

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

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

Frequently asked questions