What was Tenancy Tribunal case 4904821 about?

The tribunal order states: Atalina Fotu, Naumati Lavemai and Patrick Lavemai must pay [The landlord/s]

How much money was awarded in case 4904821?

Cleaning: $632.50 awarded to landlord; Filing Fee: $20.44 awarded to landlord; Rent Arrears: $8,514.29 awarded to landlord

What type of tenancy dispute was case 4904821?

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

Where can I read the official tribunal order for case 4904821?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/10944839-Tribunal_Order_Redacted.pdf.

What was Tenancy Tribunal case 4904821 about?

The tribunal order states: Atalina Fotu, Naumati Lavemai and Patrick Lavemai must pay [The landlord/s]

How much money was awarded in case 4904821?

Cleaning: $632.50 awarded to landlord; Filing Fee: $20.44 awarded to landlord; Rent Arrears: $8,514.29 awarded to landlord

What type of tenancy dispute was case 4904821?

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

Where can I read the official tribunal order for case 4904821?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/10944839-Tribunal_Order_Redacted.pdf.

18 Milano Boulevard, Karaka, Papakura 2113 Tenancy Tribunal Case 4904821 — Rent arrears

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18 Milano Boulevard, Karaka, Papakura 2113 Tenancy Tribunal Case 4904821 — 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 4904821 — net $9,167.23 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears to 11 September 2024	$8,514.29	Rent arrears to 11 September 2024
Carpet Cleaning	$632.50	Carpet Cleaning
Filing fee reimbursement	$20.44	Filing fee reimbursement
Net award	$9,167.23
Total payable by Tenant to Landlord	$9,167.23

Claims and awards for application 4904821 — net $9,167.23 NZD. Verify on MoJ.

Rent arrears to 11 September 2024

Amount: $8,514.29
Awarded to: Landlord
Reason: Rent arrears to 11 September 2024

Carpet Cleaning

Amount: $632.50
Awarded to: Landlord
Reason: Carpet Cleaning

Filing fee reimbursement

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

Net award

Landlord $9,167.23

Total payable by Tenant to Landlord

Landlord $9,167.23

Dismissed claims

Other Claims — All other claims dismissed

Claim types — money lines allowed on this order

Carpet Cleaning Filing Fee Rent arrears

Order

Atalina Fotu, Naumati Lavemai and Patrick Lavemai must pay [The landlord/s] $9,167.23 immediately, calculated as shown in table below.
All other claims are dismissed.

Reasons

The landlord attended the hearing. The tenants did not answer the calls to their phones.
The landlord has applied for rent arrears, compensation, and reimbursement of the filing fee following the end of the tenancy.

How much is owed for rent?

The parties signed a fixed term tenancy agreement due to end in March 2025. In May the tenants approached the landlord and said they could no longer continue with the tenancy. The parties reached an agreement the fixed term tenancy would end provided the tenants paid rent until new tenants were found. Despite the agreement the tenants gave 28 days notice and moved out in June. Legally, the tenants were not able to give notice because they signed a fixed term tenancy agreement.
Having considered the evidence and the submissions I find this tenancy terminated pursuant to section 50(1)(d) Residential Tenancies Act 1986 (RTA), which is where the tenants give vacant possession with the landlord’s written consent. I also find the termination was conditional on the tenants paying rent until the new tenancy started.
The landlord provided me with the new tenancy agreement which started on 12 September. This means the last day of the tenancy was 11 September 2024.
The landlord provided a rent summary that was not correct so I have calculated the amount of rent owed from 4 March to 11 September 2024. I note the $3,600 paid as bond was not lodged and this has been included in the calculation of total rent paid by the tenants.

How much is owed for water rates?

There is a claim for water rates. The landlord did not provide me with copies of all the water rates bills from 4 March. I have one bill showing me the total amount owing to 24 June, but this does not prove that it was these tenants who owe the water rates. This claim is dismissed.

Should the tenants pay the cost of finding replacement tenants?

Section 44A(1) RTA allows a landlord who has agreed to terminate the tenancy under section 50(1)(d) to claim any expenses reasonably incurred by the landlord in respect of the termination from the outgoing tenants. Section 44A(2) states that the landlord must first provide an itemised account of the expenses to the tenant. The landlord did not provide an itemised account to the tenant before the hearing. This means the claim is dismissed.

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

At the end of the tenancy the tenants must leave the premises reasonably clean and tidy. See section 40(1)(e) RTA. I accept the carpets smelled after the tenants moved out and that the carpets had to be cleaned and the pet urine smell neutralised. The amount ordered is proved.

Are the tenants responsible for the damage to the premises?

There is a claim for repairing damage to the garage wall. 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. See sections 40(2)(a), 41 and 49B RTA.
The landlord could not prove the damage happened during the tenancy. This claim is dismissed. Other orders
Because the landlord has substantially succeeded with the claim I have reimbursed the filing fee.
The landlord’s application for suppression is allowed because the landlord is the most successful party.

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 4904821 — net $9,167.23 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears to 11 September 2024	$8,514.29	Rent arrears to 11 September 2024
Carpet Cleaning	$632.50	Carpet Cleaning
Filing fee reimbursement	$20.44	Filing fee reimbursement
Net award	$9,167.23
Total payable by Tenant to Landlord	$9,167.23

Claims and awards for application 4904821 — net $9,167.23 NZD. Verify on MoJ.

Rent arrears to 11 September 2024

Amount: $8,514.29
Awarded to: Landlord
Reason: Rent arrears to 11 September 2024

Carpet Cleaning

Amount: $632.50
Awarded to: Landlord
Reason: Carpet Cleaning

Filing fee reimbursement

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

Net award

Landlord $9,167.23

Total payable by Tenant to Landlord

Landlord $9,167.23

Dismissed claims

Other Claims — All other claims dismissed

Claim types — money lines allowed on this order

Carpet Cleaning Filing Fee Rent arrears

Order

Atalina Fotu, Naumati Lavemai and Patrick Lavemai must pay [The landlord/s] $9,167.23 immediately, calculated as shown in table below.
All other claims are dismissed.

Reasons

The landlord attended the hearing. The tenants did not answer the calls to their phones.
The landlord has applied for rent arrears, compensation, and reimbursement of the filing fee following the end of the tenancy.

How much is owed for rent?

The parties signed a fixed term tenancy agreement due to end in March 2025. In May the tenants approached the landlord and said they could no longer continue with the tenancy. The parties reached an agreement the fixed term tenancy would end provided the tenants paid rent until new tenants were found. Despite the agreement the tenants gave 28 days notice and moved out in June. Legally, the tenants were not able to give notice because they signed a fixed term tenancy agreement.
Having considered the evidence and the submissions I find this tenancy terminated pursuant to section 50(1)(d) Residential Tenancies Act 1986 (RTA), which is where the tenants give vacant possession with the landlord’s written consent. I also find the termination was conditional on the tenants paying rent until the new tenancy started.
The landlord provided me with the new tenancy agreement which started on 12 September. This means the last day of the tenancy was 11 September 2024.
The landlord provided a rent summary that was not correct so I have calculated the amount of rent owed from 4 March to 11 September 2024. I note the $3,600 paid as bond was not lodged and this has been included in the calculation of total rent paid by the tenants.

How much is owed for water rates?

There is a claim for water rates. The landlord did not provide me with copies of all the water rates bills from 4 March. I have one bill showing me the total amount owing to 24 June, but this does not prove that it was these tenants who owe the water rates. This claim is dismissed.

Should the tenants pay the cost of finding replacement tenants?

Section 44A(1) RTA allows a landlord who has agreed to terminate the tenancy under section 50(1)(d) to claim any expenses reasonably incurred by the landlord in respect of the termination from the outgoing tenants. Section 44A(2) states that the landlord must first provide an itemised account of the expenses to the tenant. The landlord did not provide an itemised account to the tenant before the hearing. This means the claim is dismissed.

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

At the end of the tenancy the tenants must leave the premises reasonably clean and tidy. See section 40(1)(e) RTA. I accept the carpets smelled after the tenants moved out and that the carpets had to be cleaned and the pet urine smell neutralised. The amount ordered is proved.

Are the tenants responsible for the damage to the premises?

There is a claim for repairing damage to the garage wall. 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. See sections 40(2)(a), 41 and 49B RTA.
The landlord could not prove the damage happened during the tenancy. This claim is dismissed. Other orders
Because the landlord has substantially succeeded with the claim I have reimbursed the filing fee.
The landlord’s application for suppression is allowed because the landlord is the most successful party.

Tenancy Tribunal case 4904821 — Rent arrears at 18 Milano Boulevard, Karaka, Papakura 2113

At a glance

Tenancy Tribunal case 4904821 — Rent arrears at 18 Milano Boulevard, Karaka, Papakura 2113

At a glance

Award balance

Claims & awards

Dismissed claims

Order

Reasons

How much is owed for rent?

How much is owed for water rates?

Should the tenants pay the cost of finding replacement tenants?

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

Are the tenants 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?

How much is owed for water rates?

Should the tenants pay the cost of finding replacement tenants?

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

Are the tenants responsible for the damage to the premises?

Topics & place

Residential Tenancies Act sections

Key findings

Frequently asked questions