What was Tenancy Tribunal case 4851940 about?

The tribunal order states: Theresa TUI'I and Motuga Tuii must pay [The landlord/s] $5,622.33

How much money was awarded in case 4851940?

Cleaning: $299.00 awarded to landlord; Cleaning: $621.00 awarded to landlord; Filing Fee: $20.44 awarded to landlord; Lawns and Garden Work: $120.00 awarded to landlord; Rent Arrears: $5,592.86 awarded to landlord; Walls: $115.00 awarded to landlord; Rubbish Removal: $1,052.25 awarded to landlord; Water Rates: $401.78 awarded to landlord

What type of tenancy dispute was case 4851940?

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

Where can I read the official tribunal order for case 4851940?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/10798828-Tribunal_Order_Redacted.pdf.

What was Tenancy Tribunal case 4851940 about?

The tribunal order states: Theresa TUI'I and Motuga Tuii must pay [The landlord/s] $5,622.33

How much money was awarded in case 4851940?

Cleaning: $299.00 awarded to landlord; Cleaning: $621.00 awarded to landlord; Filing Fee: $20.44 awarded to landlord; Lawns and Garden Work: $120.00 awarded to landlord; Rent Arrears: $5,592.86 awarded to landlord; Walls: $115.00 awarded to landlord; Rubbish Removal: $1,052.25 awarded to landlord; Water Rates: $401.78 awarded to landlord

What type of tenancy dispute was case 4851940?

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

Where can I read the official tribunal order for case 4851940?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/10798828-Tribunal_Order_Redacted.pdf.

107 Seddon Street, Pukekohe, Pukekohe 2120 Tenancy Tribunal Case 4851940 — Rent arrears

Reasons

Claims and awards in Tenancy Tribunal application 4851940 — net $5,622.33 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears to 1 March 2024	$5,592.86	2. The landlord has applied for rent arrears, water rates arrears, compensation for cleaning, rubbish removal, lawn moving and weeding, carpet damage, wall dam…
Water rates: November to February	$401.78	Water rates: November to February
Carpet Cleaning	$299.00	Carpet Cleaning
Rubbish removal	$1,052.25	Rubbish removal
Cleaning	$621.00	Cleaning
Lawns and Garden work	$120.00	Lawns and Garden work
Repairs: Walls	$115.00	Repairs: Walls
Filing fee reimbursement	$20.44	Filing fee reimbursement
Net award	$5,622.33
Total payable by Tenant to Landlord	$5,622.33

The landlord attended the hearing the tenant did not attend.

The landlord has applied for rent arrears, water rates arrears, compensation for cleaning, rubbish removal, lawn moving and weeding, carpet damage, wall damage and compensation for ending the fixed term tenancy early, refund of the bond, and reimbursement of the filing fee.

How much is owed for rent and water rates?

The tenancy ended on1 March 2024 after the tenant gave notice. The tenancy was on a fixed term on the 16 March 2024. The landlord was able to obtain new tenants whose tenancy began on the 2 March 2024. I am satisfied that the tenant is liable for rent until the 1 March 2024.

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

The landlord also sought compensation for releasing the tenant from the fixed term earlier. I am not satisfied that this loss was actually incurred by the landlord, there was no evidence of the landlord incurring actual costs above those that would be the usual cost of reletting the property. Given that the tenancy ended only 2 weeks before the end of the fixed term and that the landlord was able to rent the property to new tenants at a higher rental, then I do not consider that the landlord has suffered any loss and I dismiss the landlord’s claim for the losses arising from ending the tenancy early.

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 did not leave the premises reasonably clean and tidy and did not remove all rubbish. There was considerable rubbish left in the basement.

The carpets required cleaning and the lawns for this large property were overgrown and needed to be mowed and the gardens weeded.

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.

I am satisfied that the tenant put a hole in a wall, the landlord showed me photographs at the beginning of the tenancy and photographs at the end, the wall is not damaged in the ingoing photograph but is damaged at the end. The tenant is liable for the cost of repairing this wall.

The landlord is seeking the cost of carpet that was damage in the living room. The damage is pock type marks in the carpet. I am not satisfied that this damage was caused by the tenant. The damage does not appear consistent with something that someone would have done, it looks more like carpet beetle damage. Therefore, the landlord’s claim for replacement carpet is dismissed.

As the landlord is the successful party, they are entitled to both name suppression and the filing fee.

Claims and awards in Tenancy Tribunal application 4851940 — net $5,622.33 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears to 1 March 2024	$5,592.86	2. The landlord has applied for rent arrears, water rates arrears, compensation for cleaning, rubbish removal, lawn moving and weeding, carpet damage, wall dam…
Water rates: November to February	$401.78	Water rates: November to February
Carpet Cleaning	$299.00	Carpet Cleaning
Rubbish removal	$1,052.25	Rubbish removal
Cleaning	$621.00	Cleaning
Lawns and Garden work	$120.00	Lawns and Garden work
Repairs: Walls	$115.00	Repairs: Walls
Filing fee reimbursement	$20.44	Filing fee reimbursement
Net award	$5,622.33
Total payable by Tenant to Landlord	$5,622.33

Order

Theresa TUI'I and Motuga Tuii must pay [The landlord/s] $5,622.33 immediately, calculated as shown in table below.
The Bond Centre is to pay the bond of $2,600.00 ([Bond number suppressed]) to [The landlord/s] immediately.

Reasons

The landlord attended the hearing the tenant did not attend.
The landlord has applied for rent arrears, water rates arrears, compensation for cleaning, rubbish removal, lawn moving and weeding, carpet damage, wall damage and compensation for ending the fixed term tenancy early, refund of the bond, and reimbursement of the filing fee.

How much is owed for rent and water rates?

The tenancy ended on1 March 2024 after the tenant gave notice. The tenancy was on a fixed term on the 16 March 2024. The landlord was able to obtain new tenants whose tenancy began on the 2 March 2024. I am satisfied that the tenant is liable for rent until the 1 March 2024.
The landlord provided rent records and water rates invoices which prove the amount owing at the end of the tenancy.
The landlord also sought compensation for releasing the tenant from the fixed term earlier. I am not satisfied that this loss was actually incurred by the landlord, there was no evidence of the landlord incurring actual costs above those that would be the usual cost of reletting the property. Given that the tenancy ended only 2 weeks before the end of the fixed term and that the landlord was able to rent the property to new tenants at a higher rental, then I do not consider that the landlord has suffered any loss and I dismiss the landlord’s claim for the losses arising from ending the tenancy early.

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 did not leave the premises reasonably clean and tidy and did not remove all rubbish. There was considerable rubbish left in the basement.
The carpets required cleaning and the lawns for this large property were overgrown and needed to be mowed and the gardens weeded.
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.
I am satisfied that the tenant put a hole in a wall, the landlord showed me photographs at the beginning of the tenancy and photographs at the end, the wall is not damaged in the ingoing photograph but is damaged at the end. The tenant is liable for the cost of repairing this wall.
The landlord is seeking the cost of carpet that was damage in the living room. The damage is pock type marks in the carpet. I am not satisfied that this damage was caused by the tenant. The damage does not appear consistent with something that someone would have done, it looks more like carpet beetle damage. Therefore, the landlord’s claim for replacement carpet is dismissed.
As the landlord is the successful party, they are entitled to both name suppression and the filing fee.

Tenancy Tribunal case 4851940 — Rent arrears at 107 Seddon Street, Pukekohe, Pukekohe 2120

At a glance

Tenancy Tribunal case 4851940 — Rent arrears at 107 Seddon Street, Pukekohe, Pukekohe 2120

At a glance

Award balance

Claims & awards

Dismissed claims

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

Dismissed claims

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