What was Tenancy Tribunal case 4855374 about?

The tribunal order states: Mele Fullivai and Failupe Kelly Fulivai to pay [The landlord/s] $1,760.03 from

How much money was awarded in case 4855374?

Cleaning: $172.50 awarded to landlord; Other- Painting: $345.00 awarded to landlord; Rent Arrears: $1,145.71 awarded to landlord; Water Rates: $96.82 awarded to landlord

What type of tenancy dispute was case 4855374?

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

Where can I read the official tribunal order for case 4855374?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/10664858-Tribunal_Order_Redacted.pdf.

What was Tenancy Tribunal case 4855374 about?

The tribunal order states: Mele Fullivai and Failupe Kelly Fulivai to pay [The landlord/s] $1,760.03 from

How much money was awarded in case 4855374?

Cleaning: $172.50 awarded to landlord; Other- Painting: $345.00 awarded to landlord; Rent Arrears: $1,145.71 awarded to landlord; Water Rates: $96.82 awarded to landlord

What type of tenancy dispute was case 4855374?

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

Where can I read the official tribunal order for case 4855374?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/10664858-Tribunal_Order_Redacted.pdf.

New Zealand Tenancy Tribunal Case 4855374 — Rent arrears

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New Zealand Tenancy Tribunal Case 4855374 — 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 4855374 — net $1,760.03 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears to 23 February 2024	$1,145.71	2. The landlord has applied for rent arrears, water rates arrears, compensation and refund of the bond.
Water rates	$96.82	Water rates
Cleaning	$172.50	Cleaning
Other- painting	$345.00	Other- painting
Net award	$1,760.03
Total payable by Tenant to Landlord	$1,760.03

Claims and awards for application 4855374 — net $1,760.03 NZD. Verify on MoJ.

Rent arrears to 23 February 2024

Amount: $1,145.71
Awarded to: Landlord
Reason: 2. The landlord has applied for rent arrears, water rates arrears, compensation and refund of the bond.

Water rates

Amount: $96.82
Awarded to: Landlord
Reason: Water rates

Cleaning

Amount: $172.50
Awarded to: Landlord
Reason: Cleaning

Other- painting

Amount: $345.00
Awarded to: Landlord
Reason: Other- painting

Net award

Landlord $1,760.03

Total payable by Tenant to Landlord

Landlord $1,760.03

Claim types — money lines allowed on this order

Cleanliness Rent arrears Water Rates

Order

Mele Fullivai and Failupe Kelly Fulivai to pay [The landlord/s] $1,760.03 from the bond, calculated as shown in table below.
The Bond Centre is to pay the bond of $1,760.03 ([Bond number suppressed]) to [The landlord/s] immediately. The Bond Centre is to pay the bond of $159.97 ([Bond number suppressed]) to Mele Fullivai and Failupe Kelly Fulivai immediately.

Reasons

The Landlord attended the hearing. The tenant did not appear.
The landlord has applied for rent arrears, water rates arrears, compensation and refund of the bond.

How much is owed for rent and water rates arrears?

The tenancy ended on 23 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 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 did not remove all rubbish. An invoice was provided, the ingoing and outgoing inspection reports to substantiate the costs.
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.
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 following damage was caused during the tenancy: bedroom wall due to damage from a sticker being placed on the wall. The wall had to be repainted. 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.

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 4855374 — net $1,760.03 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears to 23 February 2024	$1,145.71	2. The landlord has applied for rent arrears, water rates arrears, compensation and refund of the bond.
Water rates	$96.82	Water rates
Cleaning	$172.50	Cleaning
Other- painting	$345.00	Other- painting
Net award	$1,760.03
Total payable by Tenant to Landlord	$1,760.03

Claims and awards for application 4855374 — net $1,760.03 NZD. Verify on MoJ.

Rent arrears to 23 February 2024

Amount: $1,145.71
Awarded to: Landlord
Reason: 2. The landlord has applied for rent arrears, water rates arrears, compensation and refund of the bond.

Water rates

Amount: $96.82
Awarded to: Landlord
Reason: Water rates

Cleaning

Amount: $172.50
Awarded to: Landlord
Reason: Cleaning

Other- painting

Amount: $345.00
Awarded to: Landlord
Reason: Other- painting

Net award

Landlord $1,760.03

Total payable by Tenant to Landlord

Landlord $1,760.03

Claim types — money lines allowed on this order

Cleanliness Rent arrears Water Rates

Order

Mele Fullivai and Failupe Kelly Fulivai to pay [The landlord/s] $1,760.03 from the bond, calculated as shown in table below.
The Bond Centre is to pay the bond of $1,760.03 ([Bond number suppressed]) to [The landlord/s] immediately. The Bond Centre is to pay the bond of $159.97 ([Bond number suppressed]) to Mele Fullivai and Failupe Kelly Fulivai immediately.

Reasons

The Landlord attended the hearing. The tenant did not appear.
The landlord has applied for rent arrears, water rates arrears, compensation and refund of the bond.

How much is owed for rent and water rates arrears?

The tenancy ended on 23 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 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 did not remove all rubbish. An invoice was provided, the ingoing and outgoing inspection reports to substantiate the costs.
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.
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 following damage was caused during the tenancy: bedroom wall due to damage from a sticker being placed on the wall. The wall had to be repainted. 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.

Tenancy Tribunal case 4855374 — Rent arrears

At a glance

Tenancy Tribunal case 4855374 — Rent arrears

At a glance

Award balance

Claims & awards

Order

Reasons

How much is owed for rent and water rates arrears?

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 arrears?

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