What was the outcome of Tenancy Tribunal case 4874981?

The tribunal order states: Cyrus Wharewaka and Makere Parahi must pay Taylor Property Services Limited

How much money was awarded in case 4874981?

Cleaning: $690.00 awarded to landlord; Filing Fee: $20.44 awarded to landlord; Property Damage: $1,610.00 awarded to landlord; Property Damage: $510.00 awarded to landlord; Rent Arrears: $4,624.98 awarded to landlord; Water Rates: $217.43 awarded to landlord

What type of tenancy dispute was case 4874981?

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

Where can I read the official tribunal order for case 4874981?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/10574150-Tenancy_Tribunal_Order.pdf.

What was the outcome of Tenancy Tribunal case 4874981?

The tribunal order states: Cyrus Wharewaka and Makere Parahi must pay Taylor Property Services Limited

How much money was awarded in case 4874981?

Cleaning: $690.00 awarded to landlord; Filing Fee: $20.44 awarded to landlord; Property Damage: $1,610.00 awarded to landlord; Property Damage: $510.00 awarded to landlord; Rent Arrears: $4,624.98 awarded to landlord; Water Rates: $217.43 awarded to landlord

What type of tenancy dispute was case 4874981?

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

Where can I read the official tribunal order for case 4874981?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/10574150-Tenancy_Tribunal_Order.pdf.

8 Belvedere Court, West Harbour, Auckland 0618 Tenancy Tribunal Case 4874981 — Rent arrears

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8 Belvedere Court, West Harbour, Auckland 0618 Tenancy Tribunal Case 4874981 — 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 4874981 — net $7,672.85 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears at end of tenancy	$4,624.98	Rent arrears at end of tenancy
Water rates	$217.43	Water rates
Cleaning	$690.00	Cleaning
Repairs invoice 1	$1,610.00	Repairs invoice 1
Repairs invoice 2	$510.00	Repairs invoice 2
Filing fee reimbursement	$20.44	Filing fee reimbursement
Net award	$7,672.85
Total payable by Tenant to Landlord	$7,672.85

Claims and awards for application 4874981 — net $7,672.85 NZD. Verify on MoJ.

Rent arrears at end of tenancy

Amount: $4,624.98
Awarded to: Landlord
Reason: Rent arrears at end of tenancy

Water rates

Amount: $217.43
Awarded to: Landlord
Reason: Water rates

Cleaning

Amount: $690.00
Awarded to: Landlord
Reason: Cleaning

Repairs invoice 1

Amount: $1,610.00
Awarded to: Landlord
Reason: Repairs invoice 1

Repairs invoice 2

Amount: $510.00
Awarded to: Landlord
Reason: Repairs invoice 2

Claim types — money lines allowed on this order

Cleanliness Filing Fee Property damage Rent arrears Water Rates

Order

Cyrus Wharewaka and Makere Parahi must pay Taylor Property Services Limited as agent for Minmin Wang $7,672.85 immediately, calculated as shown in table below. DescriptionLandlord Rent arrears at end of tenancy$4,624.98 Water rates$217.43 Cleaning$690.00 Repairs invoice 1$1,610.00 Repairs invoice 2$510.00 Filing fee reimbursement$20.44 Total award$7,672.85 Total payable by Tenant to Landlord$7,672.85

Reasons

The Tribunal must consider an application filed by the landlord against the tenants.
Only the landlord appeared at the hearing. I am satisfied that the tenant have been properly notified of the hearing, and therefore I will proceed to consider the claim in their absence.

BACKGROUND

The tenancy commenced in October 2022 as a one-year fixed term tenancy. The landlord is Minmin Wang, and the two co-tenants are Cyrus Wharewaka and Makere Parahi.
The tenancy was terminated by order of the Tribunal on 16 April 2024 due to rent arrears. The Tribunal also ordered the bond be released to the landlord then.

RELEVANT LEGAL CONSIDERATIONS

The relevant law that applies is found in the Residential Tenancies Act 1986 (“RTA”).
With any claim before the Tenancy Tribunal, the Tribunal applies the usual civil law standards and expectations.
That includes a requirement that the party bringing the claim (the applicant), establish their claims “on the balance of probabilities”. The balance of probabilities means more likely than unlikely, or in mathematical terms, has a fractionally more than 50% likelihood. The Tribunal does not need to be certain or very sure about any claim, only that what is claimed is likely.
This obligation carried by the applicant is referred to as the “burden of proof”. Independent witnesses, corroborating documents and photographs are an important part of discharging this burden.

RENT ARREARS

The landlord has applies for an order that the tenants pay rent arrears of $4,624.98. The tenants have not disputed this claim.
This matter has previously been before the Tribunal. I note an order from the Tribunal dated 16 April 2024, in which the Tribunal ordered that the tenancy terminate due to rent arrears, and also ordered the tenants pay arrears of $8,696.41. Importantly, the Tribunal ordered that the bond be refunded to the landlord, and once the bond is deducted, and the filing fee added, that meant the tenants owed the landlord $4,916.85.
I record at this juncture that the landlord advised at the hearing today, that he believed the bond was still in the Bond Centre. As I said I would do, I have contacted the Bond Centre to check the bond situation. The Bond Centre confirmed that the full bond was released to the landlord on 19 April 2024, as a consequence of the Tribunal’s order from 16 April 2024.
What remains is that at the end of the tenancy the rent arrears is $4,624.98 (being the amount the landlord claimed at the hearing today), and that is ordered.
For the avoidance of doubt, if any enforcement is to occur of the rent arrears, it must be only this current order that is enforced.

CLEANING AND RUBBISH REMOVAL

The Residential Tenancies Act 1986 (RTA) requires that the landlord provide the premises to the tenant at the start of the tenancy in a reasonable state of cleanliness (s45(1)(a)), and there is an equivalent obligation on the tenant to return the premises: ...in a reasonably clean and reasonably tidy condition, and remove or arrange for the removal from the premises of all rubbish.
It is important to note that the RTA does not require the premises to be provided/returned in an immaculate condition, only in a reasonably clean and tidy state.
The landlord has claimed cleaning costs of $690.00.
I am satisfied that the tenants did not return the premises reasonably clean and tidy at the end of the tenancy, so the cleaning costs are ordered. I record for completeness, that given the repair works to the premises, general cleaning would have been required in the context of cleaning builder’s dust etc. The tenants would have been liable for that cleaning cost in any event because it is cleaning associated with repair works from tenant damage that I have ordered below.

COMPENSATION

With any compensation claim, to receive an order the party must incur a loss. In short, the compensation is intended as best money can do, to compensate for the actual loss incurred.
Where a landlord claims compensation for damage caused by a tenant, the landlord must first prove the damage 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.
Where the damage is caused carelessly, the tenant's liability is limited to the lesser of the insurance excess or four weeks' rent.
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.
Damage is intentional where a person intends to cause damage and takes the necessary steps to achieve that purpose. Damage is also intentional when a person does something, or allows a situation to continue, knowing that damage is a certainty. See the High Court decision of Guo v Korck [2019] NZHC 1541.
The landlord has claimed for the repair costs for wide-ranging damage to the premises. The photographs from the end of the tenancy support this claim, and show for example holes in doors, damage to door hardware, damage and marks on walls etc. The amounts claimed for the repairs over two invoices seem consistent with the reasonable repair cost of the identified damage. This damage is more than fair wear and tear. On balance the damage is most likely intentional damage, so the tenant is liable for the full repair costs.

FILING FEE

Because the applicant has been wholly successful in their application, I must award the filing paid to commence the proceeding in the Tribunal, which is $20.44.

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 4874981 — net $7,672.85 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears at end of tenancy	$4,624.98	Rent arrears at end of tenancy
Water rates	$217.43	Water rates
Cleaning	$690.00	Cleaning
Repairs invoice 1	$1,610.00	Repairs invoice 1
Repairs invoice 2	$510.00	Repairs invoice 2
Filing fee reimbursement	$20.44	Filing fee reimbursement
Net award	$7,672.85
Total payable by Tenant to Landlord	$7,672.85

Claims and awards for application 4874981 — net $7,672.85 NZD. Verify on MoJ.

Rent arrears at end of tenancy

Amount: $4,624.98
Awarded to: Landlord
Reason: Rent arrears at end of tenancy

Water rates

Amount: $217.43
Awarded to: Landlord
Reason: Water rates

Cleaning

Amount: $690.00
Awarded to: Landlord
Reason: Cleaning

Repairs invoice 1

Amount: $1,610.00
Awarded to: Landlord
Reason: Repairs invoice 1

Repairs invoice 2

Amount: $510.00
Awarded to: Landlord
Reason: Repairs invoice 2

Claim types — money lines allowed on this order

Cleanliness Filing Fee Property damage Rent arrears Water Rates

Order

Cyrus Wharewaka and Makere Parahi must pay Taylor Property Services Limited as agent for Minmin Wang $7,672.85 immediately, calculated as shown in table below. DescriptionLandlord Rent arrears at end of tenancy$4,624.98 Water rates$217.43 Cleaning$690.00 Repairs invoice 1$1,610.00 Repairs invoice 2$510.00 Filing fee reimbursement$20.44 Total award$7,672.85 Total payable by Tenant to Landlord$7,672.85

Reasons

The Tribunal must consider an application filed by the landlord against the tenants.
Only the landlord appeared at the hearing. I am satisfied that the tenant have been properly notified of the hearing, and therefore I will proceed to consider the claim in their absence.

BACKGROUND

The tenancy commenced in October 2022 as a one-year fixed term tenancy. The landlord is Minmin Wang, and the two co-tenants are Cyrus Wharewaka and Makere Parahi.
The tenancy was terminated by order of the Tribunal on 16 April 2024 due to rent arrears. The Tribunal also ordered the bond be released to the landlord then.

RELEVANT LEGAL CONSIDERATIONS

The relevant law that applies is found in the Residential Tenancies Act 1986 (“RTA”).
With any claim before the Tenancy Tribunal, the Tribunal applies the usual civil law standards and expectations.
That includes a requirement that the party bringing the claim (the applicant), establish their claims “on the balance of probabilities”. The balance of probabilities means more likely than unlikely, or in mathematical terms, has a fractionally more than 50% likelihood. The Tribunal does not need to be certain or very sure about any claim, only that what is claimed is likely.
This obligation carried by the applicant is referred to as the “burden of proof”. Independent witnesses, corroborating documents and photographs are an important part of discharging this burden.

RENT ARREARS

The landlord has applies for an order that the tenants pay rent arrears of $4,624.98. The tenants have not disputed this claim.
This matter has previously been before the Tribunal. I note an order from the Tribunal dated 16 April 2024, in which the Tribunal ordered that the tenancy terminate due to rent arrears, and also ordered the tenants pay arrears of $8,696.41. Importantly, the Tribunal ordered that the bond be refunded to the landlord, and once the bond is deducted, and the filing fee added, that meant the tenants owed the landlord $4,916.85.
I record at this juncture that the landlord advised at the hearing today, that he believed the bond was still in the Bond Centre. As I said I would do, I have contacted the Bond Centre to check the bond situation. The Bond Centre confirmed that the full bond was released to the landlord on 19 April 2024, as a consequence of the Tribunal’s order from 16 April 2024.
What remains is that at the end of the tenancy the rent arrears is $4,624.98 (being the amount the landlord claimed at the hearing today), and that is ordered.
For the avoidance of doubt, if any enforcement is to occur of the rent arrears, it must be only this current order that is enforced.

CLEANING AND RUBBISH REMOVAL

The Residential Tenancies Act 1986 (RTA) requires that the landlord provide the premises to the tenant at the start of the tenancy in a reasonable state of cleanliness (s45(1)(a)), and there is an equivalent obligation on the tenant to return the premises: ...in a reasonably clean and reasonably tidy condition, and remove or arrange for the removal from the premises of all rubbish.
It is important to note that the RTA does not require the premises to be provided/returned in an immaculate condition, only in a reasonably clean and tidy state.
The landlord has claimed cleaning costs of $690.00.
I am satisfied that the tenants did not return the premises reasonably clean and tidy at the end of the tenancy, so the cleaning costs are ordered. I record for completeness, that given the repair works to the premises, general cleaning would have been required in the context of cleaning builder’s dust etc. The tenants would have been liable for that cleaning cost in any event because it is cleaning associated with repair works from tenant damage that I have ordered below.

COMPENSATION

With any compensation claim, to receive an order the party must incur a loss. In short, the compensation is intended as best money can do, to compensate for the actual loss incurred.
Where a landlord claims compensation for damage caused by a tenant, the landlord must first prove the damage 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.
Where the damage is caused carelessly, the tenant's liability is limited to the lesser of the insurance excess or four weeks' rent.
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.
Damage is intentional where a person intends to cause damage and takes the necessary steps to achieve that purpose. Damage is also intentional when a person does something, or allows a situation to continue, knowing that damage is a certainty. See the High Court decision of Guo v Korck [2019] NZHC 1541.
The landlord has claimed for the repair costs for wide-ranging damage to the premises. The photographs from the end of the tenancy support this claim, and show for example holes in doors, damage to door hardware, damage and marks on walls etc. The amounts claimed for the repairs over two invoices seem consistent with the reasonable repair cost of the identified damage. This damage is more than fair wear and tear. On balance the damage is most likely intentional damage, so the tenant is liable for the full repair costs.

FILING FEE

Because the applicant has been wholly successful in their application, I must award the filing paid to commence the proceeding in the Tribunal, which is $20.44.

Tenancy Tribunal case 4874981 — Rent arrears at 8 Belvedere Court, West Harbour, Auckland 0618

At a glance

Tenancy Tribunal case 4874981 — Rent arrears at 8 Belvedere Court, West Harbour, Auckland 0618

At a glance

Award balance

Claims & awards

Order

Reasons

BACKGROUND

RELEVANT LEGAL CONSIDERATIONS

RENT ARREARS

CLEANING AND RUBBISH REMOVAL

COMPENSATION

FILING FEE

Topics & place

Residential Tenancies Act sections

Key findings

Property management

Frequently asked questions

Award balance

Claims & awards

Order

Reasons

BACKGROUND

RELEVANT LEGAL CONSIDERATIONS

RENT ARREARS

CLEANING AND RUBBISH REMOVAL

COMPENSATION

FILING FEE

Topics & place

Residential Tenancies Act sections

Key findings

Property management

Frequently asked questions