What was Tenancy Tribunal case 4929113 about?

The tribunal order states: Faavesi Tauliili, Merita Tauliili, Poasa Noamau Tau and Peni Tauliili must pay

How much money was awarded in case 4929113?

Cleaning: $180.00 awarded to landlord; Cleaning: $350.00 awarded to landlord; Cleaning: $450.00 awarded to landlord; Filing Fee: $20.44 awarded to landlord; Lawn Mowing: $280.00 awarded to landlord; Property Damage: $350.00 awarded to landlord; Removal Of Large Structure From The…: $1,700.00 awarded to landlord; Rent Arrears: $3,340.00 awarded to landlord; Rubbish Removal: $1,075.00 awarded to landlord; Smoke Alarms: $115.00 awarded to landlord; Tyre Disposal Fee: $42.00 awarded to landlord

What type of tenancy dispute was case 4929113?

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

Where can I read the official tribunal order for case 4929113?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/10873904-Tribunal_Order_Redacted.pdf.

What was Tenancy Tribunal case 4929113 about?

The tribunal order states: Faavesi Tauliili, Merita Tauliili, Poasa Noamau Tau and Peni Tauliili must pay

How much money was awarded in case 4929113?

Cleaning: $180.00 awarded to landlord; Cleaning: $350.00 awarded to landlord; Cleaning: $450.00 awarded to landlord; Filing Fee: $20.44 awarded to landlord; Lawn Mowing: $280.00 awarded to landlord; Property Damage: $350.00 awarded to landlord; Removal Of Large Structure From The…: $1,700.00 awarded to landlord; Rent Arrears: $3,340.00 awarded to landlord; Rubbish Removal: $1,075.00 awarded to landlord; Smoke Alarms: $115.00 awarded to landlord; Tyre Disposal Fee: $42.00 awarded to landlord

What type of tenancy dispute was case 4929113?

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

Where can I read the official tribunal order for case 4929113?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/10873904-Tribunal_Order_Redacted.pdf.

New Zealand Tenancy Tribunal Case 4929113 — Rent arrears

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New Zealand Tenancy Tribunal Case 4929113 — 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 4929113 — net $5,582.44 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears to termination – 04/06/2024	$3,340.00	Rent arrears to termination – 04/06/2024
Carpet Cleaning	$180.00	Carpet Cleaning
Cleaning	$350.00	Cleaning
Window repairs	$350.00	Window repairs
Lawn mowing	$280.00	Lawn mowing
Replace smoke alarms	$115.00	Replace smoke alarms
Removal of large structure from the house	$1,700.00	Removal of large structure from the house
Rubbish cleanup throughout the property	$450.00	Rubbish cleanup throughout the property
Rubbish removal: 5 loads incl tip fees	$1,075.00	Rubbish removal: 5 loads incl tip fees
Tyre disposal fee	$42.00	Tyre disposal fee
Filing fee	$20.44	he landlord has been substantially successful with the claim, the filing fee of $20.44 is ordered. Name Suppression
Net award	$5,582.44
Total payable by Tenant to Landlord	$5,582.44

Claims and awards for application 4929113 — net $5,582.44 NZD. Verify on MoJ.

Rent arrears to termination – 04/06/2024

Amount: $3,340.00
Awarded to: Landlord
Reason: Rent arrears to termination – 04/06/2024

Carpet Cleaning

Amount: $180.00
Awarded to: Landlord
Reason: Carpet Cleaning

Cleaning

Amount: $350.00
Awarded to: Landlord
Reason: Cleaning

Window repairs

Amount: $350.00
Awarded to: Landlord
Reason: Window repairs

Lawn mowing

Amount: $280.00
Awarded to: Landlord
Reason: Lawn mowing

Claim types — money lines allowed on this order

Carpet Cleaning Cleanliness Filing Fee Property damage Rent arrears Rubbish Removal Replace Smoke Alarms

Order

AMENDED TO INCLUDE THE FILING FEE

Faavesi Tauliili, Merita Tauliili, Poasa Noamau Tau and Peni Tauliili must pay the Landlord $5,582.44 immediately, calculated as shown in table below. DescriptionLandlord Rent arrears to termination – 04/06/2024$3,340.00 Carpet Cleaning$180.00 Cleaning$350.00 Window repairs$350.00 Lawn mowing$280.00 Replace smoke alarms$115.00 Removal of large structure from the house$1,700.00 Rubbish cleanup throughout the property$450.00 Rubbish removal: 5 loads incl tip fees$1,075.00 Tyre disposal fee Filing fee $42.00 $20.44 Total award$7,902.44 Bond$2,320.00 Total payable by Tenant to Landlord$5,582.44
The Bond Centre is to pay the bond of $2,320.00 ([Bond number suppressed]) to the Landlord immediately.

Reasons

Only the landlord attended the hearing. The landlord has applied for rent arrears, compensation, refund of the bond, and reimbursement of the filing fee following the end of the tenancy.

How much is owed for rent?

The tenancy ended on 4 June 2024. The landlord provided rent records which prove the amount 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 is required to replace worn out smoke alarm batteries during the tenancy. See section 40(1)(ca) Residential Tenancies Act 1986.
The tenant did not leave the premises reasonably clean and tidy. Carpets and general cleaning were necessary to make the premises reasonably clean. Lawns were not mowed at the end of the tenancy.
The tenants left a substantial amount of rubbish at the property. Rubbish was left in many areas around the property. It included loose rubbish, rubbish in plastic bags, wood, pallets and a large trampoline that had to be dismantled to take it to the tip. No items were of value.
The tenants built a large structure (about 50sqm) on the back of the house. This had to be dismantled and the debris removed. A contractor charged $1,700.00 for that work.
The following chattels were missing at the end of the tenancy: The tenants had removed three photoelectric smoke alarms.
Window glass was broken and had to be replaced. Compensation for delay beginning a new tenancy.
The landlord has requested compensation for lost rent due to the time taken to carry out repairs and cleaning. This request is declined for two reasons. The first is that the landlord did not have a tenancy agreement for a new tenancy when this tenancy ended. It cannot be assumed that the property would have been rented, but for the cleanup of the property.
The second reason for declining a claim for lost rent income is that the landlord did not mitigate the loss. The structure that was built and the amount of junk and rubbish at the property clearly shows that this accumulated over time during the tenancy. However the landlord failed to manage the problem during the tenancy. The landlord only inspected the property once a year. If the landlord had inspected the property monthly or bi-monthly, the tenants’ breach of failing to keep the property reasonably tidy and the breach of adding a large structure without consent, could have been seen by the landlord. These breaches could have been dealt with during the tenancy rather than at the end of the tenancy. It the landlord had dealt with the breaches during the tenancy there would not have been the same delay advertising for a new tenant. The landlord could have managed these breaches during the tenancy either by arrangement with the tenant or by order of the Tribunal. The landlord cannot expect compensation when the landlord allowed a breach to continue. The loss could have been mitigated or eliminated by more careful management of the tenancy.
I should add that by carrying out inspections only once a year, the landlord also risked not being able to recover for a loss if there had been a fire at the property. The removal of the three smoke alarms presented a danger of death and destruction of the premises. The removal of these alarms should have been monitored. An insurer may decline a claim where a landlord has failed to inspect for smoke alarms and thereby reduce the insurer’s exposure to loss. Filing Fee
Because the landlord has been substantially successful with the claim, the filing fee of $20.44 is ordered. Name Suppression
Because the landlord has substantially succeeded with the claim, the landlord’s request for name suppression is granted. (see Section 95A(1) of the Residential Tenancies Act 1986).

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 4929113 — net $5,582.44 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears to termination – 04/06/2024	$3,340.00	Rent arrears to termination – 04/06/2024
Carpet Cleaning	$180.00	Carpet Cleaning
Cleaning	$350.00	Cleaning
Window repairs	$350.00	Window repairs
Lawn mowing	$280.00	Lawn mowing
Replace smoke alarms	$115.00	Replace smoke alarms
Removal of large structure from the house	$1,700.00	Removal of large structure from the house
Rubbish cleanup throughout the property	$450.00	Rubbish cleanup throughout the property
Rubbish removal: 5 loads incl tip fees	$1,075.00	Rubbish removal: 5 loads incl tip fees
Tyre disposal fee	$42.00	Tyre disposal fee
Filing fee	$20.44	he landlord has been substantially successful with the claim, the filing fee of $20.44 is ordered. Name Suppression
Net award	$5,582.44
Total payable by Tenant to Landlord	$5,582.44

Claims and awards for application 4929113 — net $5,582.44 NZD. Verify on MoJ.

Rent arrears to termination – 04/06/2024

Amount: $3,340.00
Awarded to: Landlord
Reason: Rent arrears to termination – 04/06/2024

Carpet Cleaning

Amount: $180.00
Awarded to: Landlord
Reason: Carpet Cleaning

Cleaning

Amount: $350.00
Awarded to: Landlord
Reason: Cleaning

Window repairs

Amount: $350.00
Awarded to: Landlord
Reason: Window repairs

Lawn mowing

Amount: $280.00
Awarded to: Landlord
Reason: Lawn mowing

Claim types — money lines allowed on this order

Carpet Cleaning Cleanliness Filing Fee Property damage Rent arrears Rubbish Removal Replace Smoke Alarms

Order

AMENDED TO INCLUDE THE FILING FEE

Faavesi Tauliili, Merita Tauliili, Poasa Noamau Tau and Peni Tauliili must pay the Landlord $5,582.44 immediately, calculated as shown in table below. DescriptionLandlord Rent arrears to termination – 04/06/2024$3,340.00 Carpet Cleaning$180.00 Cleaning$350.00 Window repairs$350.00 Lawn mowing$280.00 Replace smoke alarms$115.00 Removal of large structure from the house$1,700.00 Rubbish cleanup throughout the property$450.00 Rubbish removal: 5 loads incl tip fees$1,075.00 Tyre disposal fee Filing fee $42.00 $20.44 Total award$7,902.44 Bond$2,320.00 Total payable by Tenant to Landlord$5,582.44
The Bond Centre is to pay the bond of $2,320.00 ([Bond number suppressed]) to the Landlord immediately.

Reasons

Only the landlord attended the hearing. The landlord has applied for rent arrears, compensation, refund of the bond, and reimbursement of the filing fee following the end of the tenancy.

How much is owed for rent?

The tenancy ended on 4 June 2024. The landlord provided rent records which prove the amount 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 is required to replace worn out smoke alarm batteries during the tenancy. See section 40(1)(ca) Residential Tenancies Act 1986.
The tenant did not leave the premises reasonably clean and tidy. Carpets and general cleaning were necessary to make the premises reasonably clean. Lawns were not mowed at the end of the tenancy.
The tenants left a substantial amount of rubbish at the property. Rubbish was left in many areas around the property. It included loose rubbish, rubbish in plastic bags, wood, pallets and a large trampoline that had to be dismantled to take it to the tip. No items were of value.
The tenants built a large structure (about 50sqm) on the back of the house. This had to be dismantled and the debris removed. A contractor charged $1,700.00 for that work.
The following chattels were missing at the end of the tenancy: The tenants had removed three photoelectric smoke alarms.
Window glass was broken and had to be replaced. Compensation for delay beginning a new tenancy.
The landlord has requested compensation for lost rent due to the time taken to carry out repairs and cleaning. This request is declined for two reasons. The first is that the landlord did not have a tenancy agreement for a new tenancy when this tenancy ended. It cannot be assumed that the property would have been rented, but for the cleanup of the property.
The second reason for declining a claim for lost rent income is that the landlord did not mitigate the loss. The structure that was built and the amount of junk and rubbish at the property clearly shows that this accumulated over time during the tenancy. However the landlord failed to manage the problem during the tenancy. The landlord only inspected the property once a year. If the landlord had inspected the property monthly or bi-monthly, the tenants’ breach of failing to keep the property reasonably tidy and the breach of adding a large structure without consent, could have been seen by the landlord. These breaches could have been dealt with during the tenancy rather than at the end of the tenancy. It the landlord had dealt with the breaches during the tenancy there would not have been the same delay advertising for a new tenant. The landlord could have managed these breaches during the tenancy either by arrangement with the tenant or by order of the Tribunal. The landlord cannot expect compensation when the landlord allowed a breach to continue. The loss could have been mitigated or eliminated by more careful management of the tenancy.
I should add that by carrying out inspections only once a year, the landlord also risked not being able to recover for a loss if there had been a fire at the property. The removal of the three smoke alarms presented a danger of death and destruction of the premises. The removal of these alarms should have been monitored. An insurer may decline a claim where a landlord has failed to inspect for smoke alarms and thereby reduce the insurer’s exposure to loss. Filing Fee
Because the landlord has been substantially successful with the claim, the filing fee of $20.44 is ordered. Name Suppression
Because the landlord has substantially succeeded with the claim, the landlord’s request for name suppression is granted. (see Section 95A(1) of the Residential Tenancies Act 1986).

Tenancy Tribunal case 4929113 — Rent arrears

At a glance

Tenancy Tribunal case 4929113 — Rent arrears

At a glance

Award balance

Claims & awards

Order

AMENDED TO INCLUDE THE FILING FEE

Reasons

How much is owed for rent?

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

Topics & place

Residential Tenancies Act sections

Key findings

Frequently asked questions

Award balance

Claims & awards

Order

AMENDED TO INCLUDE THE FILING FEE

Reasons

How much is owed for rent?

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

Topics & place

Residential Tenancies Act sections

Key findings

Frequently asked questions