What was Tenancy Tribunal case 4930093 about?

The tribunal order states: The Estate of Tali Folau Kovi Taufa and Hulita Kiekie'o Tupouto'a

How much money was awarded in case 4930093?

Cleaning: $345.00 awarded to landlord; Cleaning: $851.00 awarded to landlord; Filing Fee: $27.00 awarded to landlord; Property Damage: $345.00 awarded to landlord; Rent Arrears: $5,130.00 awarded to landlord; Water Rates: $718.15 awarded to landlord

What type of tenancy dispute was case 4930093?

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

Where can I read the official tribunal order for case 4930093?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/10677073-Tribunal_Order_Redacted.pdf.

What was Tenancy Tribunal case 4930093 about?

The tribunal order states: The Estate of Tali Folau Kovi Taufa and Hulita Kiekie'o Tupouto'a

How much money was awarded in case 4930093?

Cleaning: $345.00 awarded to landlord; Cleaning: $851.00 awarded to landlord; Filing Fee: $27.00 awarded to landlord; Property Damage: $345.00 awarded to landlord; Rent Arrears: $5,130.00 awarded to landlord; Water Rates: $718.15 awarded to landlord

What type of tenancy dispute was case 4930093?

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

Where can I read the official tribunal order for case 4930093?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/10677073-Tribunal_Order_Redacted.pdf.

New Zealand Tenancy Tribunal Case 4930093 — Rent arrears

Reasons

Claims and awards in Tenancy Tribunal application 4930093 — net $4,696.15 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears	$5,130.00	Rent arrears
Cleaning	$851.00	Cleaning
Carpet Cleaning	$345.00	Carpet Cleaning
Water rates	$718.15	Water rates
Window repairs	$345.00	Window repairs
Filing fee reimbursement	$27.00	Filing fee reimbursement
Net award	$4,696.15
Total payable by Tenant to Landlord	$4,696.15

The landlord attended the hearing.

No representative of the estate attended. Telephone calls were made to next of kin. The calls went to voicemail.

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 and water rates?

The tenancy ended on 12 July 2024. The landlord provided rent records and water rates invoices which prove the amount owing at the end of the tenancy was $5,130.00 for rent and $718.15 for water rates.

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, See section 40(1)(e)(ii)-(v) Residential Tenancies Act 1986.

The tenant did not leave the premises reasonably clean and tidy, and did not remove all rubbish. The landlord provided photos of the premises and invoices in support. The photos show that the premises had not been left reasonably clean and tidy. Carpet cleaning was required due to stains and chewing gum residue.

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 the damage is careless, and occurs after 27 August 2019, section 49B RTA applies. If the landlord becomes aware of the damage after 27 August, the damage is presumed to have occurred after that date unless the tenant proves otherwise.

Where the 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.

Where the damage is careless and is not covered by the landlord's insurance, the tenant's liability is limited to four weeks' rent (or market rent). See section 49B(3)(b) RTA. Where insurance money is irrecoverable because of the tenant's conduct, the property is treated as if it is not insured against the damage. See section 49B(3A)(a) RTA.

Tenants are liable for the cost of repairing damage that is intentional or which results from any activity at the premises that is an imprisonable offence. This applies to anything the tenant does and anything done by a person they are responsible for. See section 49B(1) RTA.

Damage is intentional where a person intends to cause damage and takes the necessary steps to achieve that purpose. Damage is also intentional where a person does something, or allows a situation to continue, knowing that damage is a certainty. See Guo v Korck [2019] NZHC 1541.

A window was broken during the tenancy. The damage is more than fair wear and tear, and the tenant has not disproved liability for the damage. The landlord provided an invoice in support of the claim.

The amount ordered is proven.

As [The applicant/s] has wholly succeeded with the claim I must order the tenant to reimburse the filing fee.

The landlord applied for name suppression. The landlord has been wholly successful and suppression of the landlord name and details is ordered.

Claims and awards in Tenancy Tribunal application 4930093 — net $4,696.15 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears	$5,130.00	Rent arrears
Cleaning	$851.00	Cleaning
Carpet Cleaning	$345.00	Carpet Cleaning
Water rates	$718.15	Water rates
Window repairs	$345.00	Window repairs
Filing fee reimbursement	$27.00	Filing fee reimbursement
Net award	$4,696.15
Total payable by Tenant to Landlord	$4,696.15

Order

The Estate of Tali Folau Kovi Taufa and Hulita Kiekie'o Tupouto'a Tu'Iha'angana must pay [The landlord/s] $4,696.15 immediately, calculated as shown in table below.
The Bond Centre is to pay the bond of $2,720.00 ([Bond number suppressed]) to [The landlord/s] immediately.

Reasons

The landlord attended the hearing.
No representative of the estate attended. Telephone calls were made to next of kin. The calls went to voicemail.
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 and water rates?

The tenancy ended on 12 July 2024. The landlord provided rent records and water rates invoices which prove the amount owing at the end of the tenancy was $5,130.00 for rent and $718.15 for water rates.

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, See section 40(1)(e)(ii)-(v) Residential Tenancies Act 1986.
The tenant did not leave the premises reasonably clean and tidy, and did not remove all rubbish. The landlord provided photos of the premises and invoices in support. The photos show that the premises had not been left reasonably clean and tidy. Carpet cleaning was required due to stains and chewing gum residue.
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 the damage is careless, and occurs after 27 August 2019, section 49B RTA applies. If the landlord becomes aware of the damage after 27 August, the damage is presumed to have occurred after that date unless the tenant proves otherwise.
Where the 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.
Where the damage is careless and is not covered by the landlord's insurance, the tenant's liability is limited to four weeks' rent (or market rent). See section 49B(3)(b) RTA. Where insurance money is irrecoverable because of the tenant's conduct, the property is treated as if it is not insured against the damage. See section 49B(3A)(a) RTA.
Tenants are liable for the cost of repairing damage that is intentional or which results from any activity at the premises that is an imprisonable offence. This applies to anything the tenant does and anything done by a person they are responsible for. See section 49B(1) RTA.
Damage is intentional where a person intends to cause damage and takes the necessary steps to achieve that purpose. Damage is also intentional where a person does something, or allows a situation to continue, knowing that damage is a certainty. See Guo v Korck [2019] NZHC 1541.
A window was broken during the tenancy. The damage is more than fair wear and tear, and the tenant has not disproved liability for the damage. The landlord provided an invoice in support of the claim.
The amount ordered is proven.
As [The applicant/s] has wholly succeeded with the claim I must order the tenant to reimburse the filing fee.
The landlord applied for name suppression. The landlord has been wholly successful and suppression of the landlord name and details is ordered.

Tenancy Tribunal case 4930093 — Rent arrears

At a glance

Tenancy Tribunal case 4930093 — Rent arrears

At a glance

Award balance

Claims & awards

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?

Topics & place

Residential Tenancies Act sections

Key findings

Frequently asked questions

Award balance

Claims & awards

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?

Topics & place

Residential Tenancies Act sections

Key findings

Frequently asked questions