What was the outcome of Tenancy Tribunal case 4859861?

The tribunal order states: Brienna Delani Ngarangi Paerau and Joshua Edgar Aiavao to pay Reforma

How much money was awarded in case 4859861?

Cleaning: $230.00 awarded to landlord; Filing Fee: $20.44 awarded to landlord; Lawns: $50.00 awarded to landlord; Rent Arrears: $1,790.00 awarded to landlord; Patch Carpet: $172.50 awarded to landlord

What type of tenancy dispute was case 4859861?

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

Where can I read the official tribunal order for case 4859861?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/10801097-Tenancy_Tribunal_Order.pdf.

What was the outcome of Tenancy Tribunal case 4859861?

The tribunal order states: Brienna Delani Ngarangi Paerau and Joshua Edgar Aiavao to pay Reforma

How much money was awarded in case 4859861?

Cleaning: $230.00 awarded to landlord; Filing Fee: $20.44 awarded to landlord; Lawns: $50.00 awarded to landlord; Rent Arrears: $1,790.00 awarded to landlord; Patch Carpet: $172.50 awarded to landlord

What type of tenancy dispute was case 4859861?

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

Where can I read the official tribunal order for case 4859861?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/10801097-Tenancy_Tribunal_Order.pdf.

1A Putiputi Way, Papakura, Papakura 2110 Tenancy Tribunal Case 4859861 — Rent arrears

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1A Putiputi Way, Papakura, Papakura 2110 Tenancy Tribunal Case 4859861 — 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 4859861 — net $2,262.94 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears	$1,790.00	Rent arrears
Carpet Cleaning	$230.00	Carpet Cleaning
Repairs: patch carpet	$172.50	Repairs: patch carpet
Lawns	$50.00	Lawns
Filing fee reimbursement	$20.44	Filing fee reimbursement
Net award	$2,262.94
Bond	$2,520.00
Total payable by Tenant to Landlord	$2,262.94

Claims and awards for application 4859861 — net $2,262.94 NZD. Verify on MoJ.

Rent arrears

Amount: $1,790.00
Awarded to: Landlord
Reason: Rent arrears

Carpet Cleaning

Amount: $230.00
Awarded to: Landlord
Reason: Carpet Cleaning

Repairs: patch carpet

Amount: $172.50
Awarded to: Landlord
Reason: Repairs: patch carpet

Lawns

Amount: $50.00
Awarded to: Landlord
Reason: Lawns

Filing fee reimbursement

Amount: $20.44
Awarded to: Landlord
Reason: Filing fee reimbursement

Claim types — money lines allowed on this order

Carpet Cleaning Filing Fee Rent arrears Property damage

Order

Brienna Delani Ngarangi Paerau and Joshua Edgar Aiavao to pay Reforma P.M. Limited As Agent For Jack Kermode & Chanida Intarathat $2,262.94 from the bond, calculated as shown in table below.
The Bond Centre is to pay the bond of $2,520.00 (6443942-006) immediately apportioned as follows: Reforma P.M. Limited As Agent For Jack Kermode & Chanida Intarathat: $2,262.94 Brienna Delani Ngarangi Paerau and Joshua Edgar Aiavao: $257.06

Reasons

Both parties attended the hearing.
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?

The tenancy ended on 16 February 20240. The landlord provided rent records which prove the amount owing at the end of the tenancy. The amount shown above includes the weekly repayments of $20.00 made by the tenant until 3 September 2024.

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 carpets reasonably clean and tidy. The lawns had to be mowed.
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.
A tree was damaged during the tenancy. However, I accept the tenant’s explanation that it had been blown by strong winds and the tenant has disproved liability for the damage.
In any event, while the tenant may have unwisely taken it upon themselves to cut off the branches and tried unsuccessfully to remove the tree, I consider that the landlord would still have had to incur costs when engaging an arborist to attend to the tree work.
Consequently, the costs incurred by the landlord to now remove the dead tree would have been more or less similar to the costs to be incurred by contractors or arborists had the tenant not cut off the branches and tried to remove the tree themselves.
The landlord’s claim for tree work therefore fails.
Only the amounts ordered are proved.
I have also awarded the landlord the filing fee as they are substantially successful on the application filed herein.
I hereby disburse the bond to both parties as set out above.

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 4859861 — net $2,262.94 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears	$1,790.00	Rent arrears
Carpet Cleaning	$230.00	Carpet Cleaning
Repairs: patch carpet	$172.50	Repairs: patch carpet
Lawns	$50.00	Lawns
Filing fee reimbursement	$20.44	Filing fee reimbursement
Net award	$2,262.94
Bond	$2,520.00
Total payable by Tenant to Landlord	$2,262.94

Claims and awards for application 4859861 — net $2,262.94 NZD. Verify on MoJ.

Rent arrears

Amount: $1,790.00
Awarded to: Landlord
Reason: Rent arrears

Carpet Cleaning

Amount: $230.00
Awarded to: Landlord
Reason: Carpet Cleaning

Repairs: patch carpet

Amount: $172.50
Awarded to: Landlord
Reason: Repairs: patch carpet

Lawns

Amount: $50.00
Awarded to: Landlord
Reason: Lawns

Filing fee reimbursement

Amount: $20.44
Awarded to: Landlord
Reason: Filing fee reimbursement

Claim types — money lines allowed on this order

Carpet Cleaning Filing Fee Rent arrears Property damage

Order

Brienna Delani Ngarangi Paerau and Joshua Edgar Aiavao to pay Reforma P.M. Limited As Agent For Jack Kermode & Chanida Intarathat $2,262.94 from the bond, calculated as shown in table below.
The Bond Centre is to pay the bond of $2,520.00 (6443942-006) immediately apportioned as follows: Reforma P.M. Limited As Agent For Jack Kermode & Chanida Intarathat: $2,262.94 Brienna Delani Ngarangi Paerau and Joshua Edgar Aiavao: $257.06

Reasons

Both parties attended the hearing.
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?

The tenancy ended on 16 February 20240. The landlord provided rent records which prove the amount owing at the end of the tenancy. The amount shown above includes the weekly repayments of $20.00 made by the tenant until 3 September 2024.

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 carpets reasonably clean and tidy. The lawns had to be mowed.
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.
A tree was damaged during the tenancy. However, I accept the tenant’s explanation that it had been blown by strong winds and the tenant has disproved liability for the damage.
In any event, while the tenant may have unwisely taken it upon themselves to cut off the branches and tried unsuccessfully to remove the tree, I consider that the landlord would still have had to incur costs when engaging an arborist to attend to the tree work.
Consequently, the costs incurred by the landlord to now remove the dead tree would have been more or less similar to the costs to be incurred by contractors or arborists had the tenant not cut off the branches and tried to remove the tree themselves.
The landlord’s claim for tree work therefore fails.
Only the amounts ordered are proved.
I have also awarded the landlord the filing fee as they are substantially successful on the application filed herein.
I hereby disburse the bond to both parties as set out above.

Tenancy Tribunal case 4859861 — Rent arrears at 1A Putiputi Way, Papakura, Papakura 2110

At a glance

Tenancy Tribunal case 4859861 — Rent arrears at 1A Putiputi Way, Papakura, Papakura 2110

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

Property management

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

Property management

Frequently asked questions