What was the outcome of Tenancy Tribunal case 4920033?

The tribunal order states: Gail Pilkington and Destiny Coster must pay Watson Real Estate Limited As

How much money was awarded in case 4920033?

Cleaning: $299.00 awarded to landlord; Cleaning: $315.00 awarded to landlord; Filing Fee: $20.44 awarded to landlord; Rent Arrears: $1,729.72 awarded to landlord; Property Damage: $500.00 awarded to landlord; Rubbish Removal: $345.00 awarded to landlord

What type of tenancy dispute was case 4920033?

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

Where can I read the official tribunal order for case 4920033?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/10557830-Tenancy_Tribunal_Order.pdf.

What was the outcome of Tenancy Tribunal case 4920033?

The tribunal order states: Gail Pilkington and Destiny Coster must pay Watson Real Estate Limited As

How much money was awarded in case 4920033?

Cleaning: $299.00 awarded to landlord; Cleaning: $315.00 awarded to landlord; Filing Fee: $20.44 awarded to landlord; Rent Arrears: $1,729.72 awarded to landlord; Property Damage: $500.00 awarded to landlord; Rubbish Removal: $345.00 awarded to landlord

What type of tenancy dispute was case 4920033?

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

Where can I read the official tribunal order for case 4920033?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/10557830-Tenancy_Tribunal_Order.pdf.

Unit/Flat 6, 185 Fitzherbert Avenue, West End, Palmerston Tenancy Tribunal Case 4920033 — Rent arrears

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Unit/Flat 6, 185 Fitzherbert Avenue, West End, Palmerston Tenancy Tribunal Case 4920033 — 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 4920033 — net $2,698.45 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears to 4 June 2024	$1,729.72	Rent arrears to 4 June 2024
Rubbish removal	$345.00	Rubbish removal
Cleaning	$299.00	Cleaning
Rug and upholstery cleaning and stain removal	$315.00	Rug and upholstery cleaning and stain removal
Repairs: to lounge walls-insurance excess	$500.00	Repairs: to lounge walls-insurance excess
Filing fee reimbursement	$20.44	Filing fee reimbursement
Net award	$2,698.45
Total payable by Tenant to Landlord	$2,698.45

Claims and awards for application 4920033 — net $2,698.45 NZD. Verify on MoJ.

Rent arrears to 4 June 2024

Amount: $1,729.72
Awarded to: Landlord
Reason: Rent arrears to 4 June 2024

Rubbish removal

Amount: $345.00
Awarded to: Landlord
Reason: Rubbish removal

Cleaning

Amount: $299.00
Awarded to: Landlord
Reason: Cleaning

Rug and upholstery cleaning and stain removal

Amount: $315.00
Awarded to: Landlord
Reason: Rug and upholstery cleaning and stain removal

Repairs: to lounge walls-insurance excess

Amount: $500.00
Awarded to: Landlord
Reason: Repairs: to lounge walls-insurance excess

Claim types — money lines allowed on this order

Cleanliness Filing Fee Rent arrears Property damage Rubbish Removal

Order

Gail Pilkington and Destiny Coster must pay Watson Real Estate Limited As Agent For Andrew Mark Lo Mira $2,698.45 immediately, calculated as shown in table below.
The bond centre is to pay the balance of the bond of $510.71 to the applicant immediately

Reasons

Only the applicant landlord attended the hearing. Neither tenant joined the video conference and neither answered the phone calls to their phones.
The landlord has applied for rent arrears, compensation, refund of the bond, and reimbursement of the filing fee following the end of the tenancy.
The tenant had applied for a rehearing of an order issued on 24 May 2024 terminating the tenancy and ordering rent arrears to 26 May 2024.
The application for rehearing is dismissed as the tenants did not attend.

How much is owed for rent?

The tenancy ended on 4 June 2024, which is the date the tenants vacated. The landlord provided rent records which prove the amount owing at the end of the tenancy.
The amount ordered incorporates the amount ordered on 24 May 2024. The final portion of the bond is to be released to the landlord.

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.
The tenant did not return the keys.
The chattels (rugs and chairs) provided new at the beginning of the tenancy required professional cleaning and stain removal.
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 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.
The following damage was caused during the tenancy: two lounge walls were marked, probably when furniture was moved. The damage is more than fair wear and tear, and the tenant has not disproved liability for the damage.
The estimate for repairs is $600. The landlord’s insurance excess is $500 so the lesser amount is awarded (as the damage is careless).
The amounts ordered are proved.
The landlord’s second application which is for compensation at the end of the tenancy is successful. As a second filing fee was paid, that amount is to be paid by the tenant.
No request for suppression was made so the public interest requires that the order is to be published without suppression.

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 4920033 — net $2,698.45 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears to 4 June 2024	$1,729.72	Rent arrears to 4 June 2024
Rubbish removal	$345.00	Rubbish removal
Cleaning	$299.00	Cleaning
Rug and upholstery cleaning and stain removal	$315.00	Rug and upholstery cleaning and stain removal
Repairs: to lounge walls-insurance excess	$500.00	Repairs: to lounge walls-insurance excess
Filing fee reimbursement	$20.44	Filing fee reimbursement
Net award	$2,698.45
Total payable by Tenant to Landlord	$2,698.45

Claims and awards for application 4920033 — net $2,698.45 NZD. Verify on MoJ.

Rent arrears to 4 June 2024

Amount: $1,729.72
Awarded to: Landlord
Reason: Rent arrears to 4 June 2024

Rubbish removal

Amount: $345.00
Awarded to: Landlord
Reason: Rubbish removal

Cleaning

Amount: $299.00
Awarded to: Landlord
Reason: Cleaning

Rug and upholstery cleaning and stain removal

Amount: $315.00
Awarded to: Landlord
Reason: Rug and upholstery cleaning and stain removal

Repairs: to lounge walls-insurance excess

Amount: $500.00
Awarded to: Landlord
Reason: Repairs: to lounge walls-insurance excess

Claim types — money lines allowed on this order

Cleanliness Filing Fee Rent arrears Property damage Rubbish Removal

Order

Gail Pilkington and Destiny Coster must pay Watson Real Estate Limited As Agent For Andrew Mark Lo Mira $2,698.45 immediately, calculated as shown in table below.
The bond centre is to pay the balance of the bond of $510.71 to the applicant immediately

Reasons

Only the applicant landlord attended the hearing. Neither tenant joined the video conference and neither answered the phone calls to their phones.
The landlord has applied for rent arrears, compensation, refund of the bond, and reimbursement of the filing fee following the end of the tenancy.
The tenant had applied for a rehearing of an order issued on 24 May 2024 terminating the tenancy and ordering rent arrears to 26 May 2024.
The application for rehearing is dismissed as the tenants did not attend.

How much is owed for rent?

The tenancy ended on 4 June 2024, which is the date the tenants vacated. The landlord provided rent records which prove the amount owing at the end of the tenancy.
The amount ordered incorporates the amount ordered on 24 May 2024. The final portion of the bond is to be released to the landlord.

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.
The tenant did not return the keys.
The chattels (rugs and chairs) provided new at the beginning of the tenancy required professional cleaning and stain removal.
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 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.
The following damage was caused during the tenancy: two lounge walls were marked, probably when furniture was moved. The damage is more than fair wear and tear, and the tenant has not disproved liability for the damage.
The estimate for repairs is $600. The landlord’s insurance excess is $500 so the lesser amount is awarded (as the damage is careless).
The amounts ordered are proved.
The landlord’s second application which is for compensation at the end of the tenancy is successful. As a second filing fee was paid, that amount is to be paid by the tenant.
No request for suppression was made so the public interest requires that the order is to be published without suppression.

Tenancy Tribunal case 4920033 — Rent arrears at Unit/Flat 6, 185 Fitzherbert Avenue, West End, Palmerston

At a glance

Tenancy Tribunal case 4920033 — Rent arrears at Unit/Flat 6, 185 Fitzherbert Avenue, West End, Palmerston

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