What was the outcome of Tenancy Tribunal case 4920034?

The tribunal order states: The tenant owes the landlord the sum of $4,800.00 from the bond for rent and

How much money was awarded in case 4920034?

Individual award amounts are in the official MoJ PDF. Claim amounts appear on this page when claims and net totals reconcile.

What type of tenancy dispute was case 4920034?

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

Where can I read the official tribunal order for case 4920034?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/11698184-Tribunal_Order.pdf.

What was the outcome of Tenancy Tribunal case 4920034?

The tribunal order states: The tenant owes the landlord the sum of $4,800.00 from the bond for rent and

How much money was awarded in case 4920034?

Individual award amounts are in the official MoJ PDF. Claim amounts appear on this page when claims and net totals reconcile.

What type of tenancy dispute was case 4920034?

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

Where can I read the official tribunal order for case 4920034?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/11698184-Tribunal_Order.pdf.

4B Bennett Road, Pakuranga, Auckland 2010 Tenancy Tribunal Case 4920034 — Rent arrears

Order

The tenant owes the landlord the sum of $4,800.00 from the bond for rent and water arrears, cleaning, lock change, oven repair and filing fee reimbursement as detailed in paragraphs 17 and 18 of the

Reasons

in this order.

The Bond Centre is to pay the bond of $4,800.00 (6446940-006) to Fava Realty Limited immediately. Reasons:
Only the applicant attended the hearing today.
On 18 September 2024 the Tribunal ordered substituted service by way of email and classified advertisement in the New Zealand Herald.
The matter was set down for hearing today and only the landlord attended.
The file records that the documents were sent to the tenant by email on 17 July 2024.
The landlord filed evidence of a classified advertisement in the New Zealand Herald on 24 February 2025.
The file records that the tenant was also sent notice of today’s hearing by email on 17 February 2025.
I am satisfied that the tenant has been served by way of substituted service and the hearing is able to proceed.
The landlord has applied for rent and water arrears, compensation, refund of the bond, and reimbursement of the filing fee following the end of the tenancy.

How much is owed for rent and water rates?

The tenancy ended by agreement on 15 April 2023, one week prior to the end of the fixed term. The landlord provided rent records and water rates invoices which prove the amounts owing at the end of the tenancy.

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 premises reasonably clean and tidy. The landlord advised that the property had been vacuumed but as the tenant needed to leave in a hurry, he agreed to the landlord arranging a house clean including the kitchens and bathrooms and a carpet clean to remove stains.
The tenant did not return the keys.
The amounts ordered are proved. Invoices have been provided.

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 following damage was caused during the tenancy: The glass door in the oven burst. The damage is more than fair wear and tear, and the tenant has not disproved liability for the damage. The landlord has provided an invoice for the repair and advised that the tenant agreed to paying the cost of repair. Amount to be ordered
The landlord advised that the tenant gave him $3000.00 cash at the end of the tenancy towards vacated costs which is to be deducted from any amount ordered today.
The total end of tenancy costs claimed today are recorded as follows with the $3000 cash payment deducted:
The landlord advised today that all that he seeks is refund of the bond of $4800.00 and he will waive the balance of the debt of $479.58.
The landlord advised that he has spoken to the Bond Centre by phone, and they have confirmed that the bond is still held by them.
Because Fava Realty Limited has wholly succeeded with the claim I must reimburse the filing fee.

Order

The tenant owes the landlord the sum of $4,800.00 from the bond for rent and water arrears, cleaning, lock change, oven repair and filing fee reimbursement as detailed in paragraphs 17 and 18 of the

Reasons

in this order.

The Bond Centre is to pay the bond of $4,800.00 (6446940-006) to Fava Realty Limited immediately. Reasons:
Only the applicant attended the hearing today.
On 18 September 2024 the Tribunal ordered substituted service by way of email and classified advertisement in the New Zealand Herald.
The matter was set down for hearing today and only the landlord attended.
The file records that the documents were sent to the tenant by email on 17 July 2024.
The landlord filed evidence of a classified advertisement in the New Zealand Herald on 24 February 2025.
The file records that the tenant was also sent notice of today’s hearing by email on 17 February 2025.
I am satisfied that the tenant has been served by way of substituted service and the hearing is able to proceed.
The landlord has applied for rent and water arrears, compensation, refund of the bond, and reimbursement of the filing fee following the end of the tenancy.

How much is owed for rent and water rates?

The tenancy ended by agreement on 15 April 2023, one week prior to the end of the fixed term. The landlord provided rent records and water rates invoices which prove the amounts owing at the end of the tenancy.

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 premises reasonably clean and tidy. The landlord advised that the property had been vacuumed but as the tenant needed to leave in a hurry, he agreed to the landlord arranging a house clean including the kitchens and bathrooms and a carpet clean to remove stains.
The tenant did not return the keys.
The amounts ordered are proved. Invoices have been provided.

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 following damage was caused during the tenancy: The glass door in the oven burst. The damage is more than fair wear and tear, and the tenant has not disproved liability for the damage. The landlord has provided an invoice for the repair and advised that the tenant agreed to paying the cost of repair. Amount to be ordered
The landlord advised that the tenant gave him $3000.00 cash at the end of the tenancy towards vacated costs which is to be deducted from any amount ordered today.
The total end of tenancy costs claimed today are recorded as follows with the $3000 cash payment deducted:
The landlord advised today that all that he seeks is refund of the bond of $4800.00 and he will waive the balance of the debt of $479.58.
The landlord advised that he has spoken to the Bond Centre by phone, and they have confirmed that the bond is still held by them.
Because Fava Realty Limited has wholly succeeded with the claim I must reimburse the filing fee.

Tenancy Tribunal case 4920034 — Rent arrears at 4B Bennett Road, Pakuranga, Auckland 2010

Tenancy Tribunal case 4920034 — Rent arrears at 4B Bennett Road, Pakuranga, Auckland 2010

Order

Reasons

How much is owed for rent and water rates?

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

Is the tenant responsible for the damage to the premises?

Property management

Order

Reasons

How much is owed for rent and water rates?

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

Is the tenant responsible for the damage to the premises?

Property management