How much money was awarded in case 4886920?

Filing Fee: $20.44 awarded to landlord; Property Damage: $290.00 awarded to landlord; Rent Arrears: $13,755.00 awarded to landlord; Walls and Doors: $780.00 awarded to landlord; Replace Furnishings: Stovetop: $1,768.00 awarded to landlord; Rubbish Removal: $1,500.00 awarded to landlord

What type of tenancy dispute was case 4886920?

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

Where can I read the official tribunal order for case 4886920?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/11128013-Tribunal_Order_Redacted.pdf.

How much money was awarded in case 4886920?

Filing Fee: $20.44 awarded to landlord; Property Damage: $290.00 awarded to landlord; Rent Arrears: $13,755.00 awarded to landlord; Walls and Doors: $780.00 awarded to landlord; Replace Furnishings: Stovetop: $1,768.00 awarded to landlord; Rubbish Removal: $1,500.00 awarded to landlord

What type of tenancy dispute was case 4886920?

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

Where can I read the official tribunal order for case 4886920?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/11128013-Tribunal_Order_Redacted.pdf.

130 Robertson Road, Mangere East, Auckland 2024 Tenancy Tribunal Case 4886920 — Rent arrears

Q: What was Tenancy Tribunal case 4886920 about?

The tribunal order states: An application for suppression has been made in this case, and the Tribunal

Tenantcheck Insights

Order

Claims and awards in Tenancy Tribunal application 4886920 — net $18,113.44 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears to 12 May 2024	$13,755.00	Rent arrears to 12 May 2024
Replace furnishings: Stovetop	$1,768.00	Replace furnishings: Stovetop
Rubbish removal	$1,500.00	Rubbish removal
Repairs: Holes in walls and doors	$780.00	Repairs: Holes in walls and doors
Lock/key replacement	$290.00	Lock/key replacement
Filing fee reimbursement	$20.44	Filing fee reimbursement
Net award	$18,113.44
Total payable by Tenant to Landlord	$18,113.44

An application for suppression has been made in this case, and the Tribunal orders suppression of the Landlord’s name and identifying details.

Doris Mele Tuimauga, Fua Tuimauga Fosita, Tevita Fosita and William Fosita must pay [The landlord/s] $18,113.44 immediately, calculated as shown in table below.

Reasons

The landlord attended the hearing. The tenant did not.

The landlord has applied for rent arrears, compensation, and reimbursement of the filing fee following the end of the tenancy. Rent arrears and mitigation of loss

The tenancy ended on 12 May 2024. The landlord provided rent records which prove the amount owing at the end of the tenancy, namely $13,755.00.

This tenancy began on 1 January 2020. Since 2015, the tenant has been in rent arrears. In 2019, rent arrears reached a maximum of $9,255.00 and decreased to around $6,000.00 in 2020 where they stayed until late 2023 when they started to increase again. In 2024, the tenant missed numerous payments of rent and it is during this year that rent arrears increased significantly.

The landlord gave evidence that they allowed the tenant some leniency regarding rent arrears until late 2023. The landlord states this was because the tenant had been in the property for a long time, was repaying the arrears that had accumulated and at that stage, was looking after the property well. In early 2024, the landlord became concerned with the increase in arrears and met with the tenant who disclosed that they were experiencing some medical difficulties and a redundancy. The landlord states a payment plan was agreed, but only adhered to for a little while. When it became apparent that the tenant was not sticking to the payment plan, the landlord filed an application with the Tribunal requesting a mediation, which the tenant attended. Unfortunately, the mediation was unsuccessful and the landlord applied to the Tribunal for a hearing shortly thereafter.

I am satisfied that the landlord has taken all reasonable steps to mitigate their loss and acted reasonably in the circumstances of the case. 1 Although the landlord granted the tenant some leniency regarding rent arrears initially, this was because the tenant was adhering to a payment plan and making small payments towards the arrears. When this stopped and rent arrears began to increase in early 2024, the landlord took steps to quickly address the issue by meeting with the tenant, filing for mediation and a formal hearing. This is not a case where the landlord has been naïve or careless to their own interests in allowing the tenant time to pay. 2

The landlord’s claim for rent arrears is granted in full for $13,755.00. 1 Residential Tenancies Act 1986, s 49 and Huang v Ashworth [2024[ NZDC 15726 at [11]. 2 Huang v Ashworth [2024[ NZDC 15726 at [18].

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 landlord seeks compensation for the following items: a. Rubbish removal b. Lock/key replacement

I deal with each matter in turn below. Rubbish removal

The landlord provided photographs of the property at the end of the tenancy which show it in an appalling state. There is a significant amount of rubbish, including large items of abandoned furniture such as mattresses left outside the property. The landlord states they undertook the labour to remove the rubbish themselves and that it took them approximately 3 – 4 full days. The landlord states it was difficult to remove items such as queen-sized mattresses that had been left outside and were sodden with rain.

Based on the photographs provided by the landlord and their evidence given at the hearing, I am satisfied the tenant did not remove all rubbish at the end of the tenancy.

The landlord sought compensation of $750.00 for the hiring of a bin and provided an invoice for this amount. They also sought compensation for their time spent removing rubbish. I consider $750.00 to be a reasonable amount to compensate the landlord for their labour. This figure reflects the amount of rubbish left at the property and the size of some of the larger items. I accept that it must have taken the landlord 3 – 4 full days to remove the rubbish. The Tribunal sees numerous applications for compensation for rubbish removal. I consider $750.00 to be a very reasonable amount in this case and a lot less than what a private contractor would ordinarily charge to remove the amount of rubbish that was left at the end of this tenancy.

The landlord’s claim for compensation for rubbish removal is granted in full for a total of $1,500.00. Lock/key replacement

The landlord gave evidence that the tenant did not return all keys. The landlord had the locks and keys to the property replaced. They provided an invoice for $290.00. The landlord’s application for compensation for this amount is granted in full.

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.

The landlord provided photographs of the property taken at the end of the tenancy. These photographs show a significant amount of damage to the inside of the property. The landlord did not provide photographs of the property at the beginning of the tenancy, but submitted that the property was not damaged in the way shown in the photographs taken at the end of the tenancy. I accept the landlord’s evidence on this point.

Based on the photographs provided by the landlord and their evidence, I am satisfied on the balance of probabilities that the following damage occurred during the tenancy: a. Numerous large holes to the walls and doors inside the property; and b. Broken ceramic stovetop.

The damage is more than fair wear and tear and the tenant has not disproved liability.

The landlord provided an invoice for $780.00 to repair the holes in the walls and doors. They also provided an invoice for $1,768.00 to replace the broken ceramic stovetop. The landlord gave evidence that the property was partially renovated around 2019 and the stovetop was newly installed at this time.

The landlord’s claims for compensation for damage are granted in full for the following amounts: a. Repair holes in the walls and doors:$780.00 b. Replace broken ceramic stovetop:$1,768.00.

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.

All of the amounts ordered above are proved. Filing fee

Because [The applicant/s] has wholly succeeded with the claim I must reimburse the filing fee.

Order

Claims and awards in Tenancy Tribunal application 4886920 — net $18,113.44 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears to 12 May 2024	$13,755.00	Rent arrears to 12 May 2024
Replace furnishings: Stovetop	$1,768.00	Replace furnishings: Stovetop
Rubbish removal	$1,500.00	Rubbish removal
Repairs: Holes in walls and doors	$780.00	Repairs: Holes in walls and doors
Lock/key replacement	$290.00	Lock/key replacement
Filing fee reimbursement	$20.44	Filing fee reimbursement
Net award	$18,113.44
Total payable by Tenant to Landlord	$18,113.44

An application for suppression has been made in this case, and the Tribunal orders suppression of the Landlord’s name and identifying details.

Doris Mele Tuimauga, Fua Tuimauga Fosita, Tevita Fosita and William Fosita must pay [The landlord/s] $18,113.44 immediately, calculated as shown in table below.

Reasons

The landlord attended the hearing. The tenant did not.

The landlord has applied for rent arrears, compensation, and reimbursement of the filing fee following the end of the tenancy. Rent arrears and mitigation of loss

The tenancy ended on 12 May 2024. The landlord provided rent records which prove the amount owing at the end of the tenancy, namely $13,755.00.

Did the tenant comply with their obligations at the end of the tenancy?

The landlord seeks compensation for the following items: a. Rubbish removal b. Lock/key replacement

I deal with each matter in turn below. Rubbish removal

Based on the photographs provided by the landlord and their evidence given at the hearing, I am satisfied the tenant did not remove all rubbish at the end of the tenancy.

The landlord’s claim for compensation for rubbish removal is granted in full for a total of $1,500.00. Lock/key replacement

Is the tenant responsible for the damage to the premises?

The damage is more than fair wear and tear and the tenant has not disproved liability.

The landlord’s claims for compensation for damage are granted in full for the following amounts: a. Repair holes in the walls and doors:$780.00 b. Replace broken ceramic stovetop:$1,768.00.

All of the amounts ordered above are proved. Filing fee

Because [The applicant/s] has wholly succeeded with the claim I must reimburse the filing fee.

Tenancy Tribunal case 4886920 — Rent arrears at 130 Robertson Road, Mangere East, Auckland 2024

At a glance

Tenancy Tribunal case 4886920 — Rent arrears at 130 Robertson Road, Mangere East, Auckland 2024

At a glance

Award balance

Claims & awards

Order

Reasons

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

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