What was Tenancy Tribunal case 4955124 about?

The tribunal order states: Siaosi Kolofale and Uikelotu Kolofale must pay [The landlord/s] $1,649.24

How much money was awarded in case 4955124?

Carpet Stain Removal: $195.00 awarded to landlord; Filing Fee: $27.00 awarded to landlord; Pest Control: $241.50 awarded to landlord; Property Damage: $747.50 awarded to landlord; Rent Arrears: $2,231.43 awarded to landlord; Replace Missing Door Handle: $172.50 awarded to landlord; Rubbish Removal: $350.00 awarded to landlord; Water Rates: $444.31 awarded to landlord

What type of tenancy dispute was case 4955124?

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

Where can I read the official tribunal order for case 4955124?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/10878747-Tribunal_Order_Redacted.pdf.

What was Tenancy Tribunal case 4955124 about?

The tribunal order states: Siaosi Kolofale and Uikelotu Kolofale must pay [The landlord/s] $1,649.24

How much money was awarded in case 4955124?

Carpet Stain Removal: $195.00 awarded to landlord; Filing Fee: $27.00 awarded to landlord; Pest Control: $241.50 awarded to landlord; Property Damage: $747.50 awarded to landlord; Rent Arrears: $2,231.43 awarded to landlord; Replace Missing Door Handle: $172.50 awarded to landlord; Rubbish Removal: $350.00 awarded to landlord; Water Rates: $444.31 awarded to landlord

What type of tenancy dispute was case 4955124?

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

Where can I read the official tribunal order for case 4955124?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/10878747-Tribunal_Order_Redacted.pdf.

38 Mili Way, Ranui, Auckland 0612 Tenancy Tribunal Case 4955124 — Rent arrears

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38 Mili Way, Ranui, Auckland 0612 Tenancy Tribunal Case 4955124 — 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 4955124 — net $1,649.24 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears to 01 June 2024	$2,231.43	Rent arrears to 01 June 2024
Water rates	$444.31	Water rates
Carpet stain removal	$195.00	Carpet stain removal
Pest control	$241.50	Pest control
Replace missing door handle	$172.50	Replace missing door handle
Repair damaged walls and paint work	$747.50	Repair damaged walls and paint work
Rubbish removal	$350.00	Rubbish removal
Filing fee reimbursement	$27.00	Filing fee reimbursement
Net award	$1,649.24
Total payable by Tenant to Landlord	$1,649.24

Claims and awards for application 4955124 — net $1,649.24 NZD. Verify on MoJ.

Rent arrears to 01 June 2024

Amount: $2,231.43
Awarded to: Landlord
Reason: Rent arrears to 01 June 2024

Water rates

Amount: $444.31
Awarded to: Landlord
Reason: Water rates

Carpet stain removal

Amount: $195.00
Awarded to: Landlord
Reason: Carpet stain removal

Pest control

Amount: $241.50
Awarded to: Landlord
Reason: Pest control

Replace missing door handle

Amount: $172.50
Awarded to: Landlord
Reason: Replace missing door handle

Claim types — money lines allowed on this order

Filing Fee Pest Control Property damage Rent arrears Rubbish Removal Water Rates

Order

Siaosi Kolofale and Uikelotu Kolofale must pay [The landlord/s] $1,649.24 immediately, calculated as shown in the table below:
The Bond Centre is to pay the bond of $2,760.00 ([Bond number suppressed]) to [The landlord/s] immediately.

Reasons

The landlord attended the hearing. The tenant did not attend the hearing. The tenant has not communicated with the Tribunal regarding why they would not attend the hearing. The hearing proceeded in the tenant’s absence.
The landlord has applied for rent arrears, water rates, compensation, refund of the bond, and reimbursement of the filing fee following the end of the tenancy. The landlord has withdrawn the claim for damage to the oven dial.

How much is owed for rent and water rates?

The tenancy ended on 01 June 2024. The landlord provided rent records in the form of a rent ledger and invoices for water rates which prove the amount owing at the end of the tenancy. These claims are proved.

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

Section 40(1)(e)(ii)-(v) of the Residential Tenancies Act 1986 (RTA) provides that 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.
The tenant did not leave the premises reasonably clean and tidy and did not remove all rubbish. Specifically, a large amount of rubbish was left in the garden and the area next to the dishwasher in the kitchen was left uncleaned. The landlord said this attracted cockroaches.
The landlord has provided invoices for rubbish removal ($350.00 including GST) and pest control ($241.50 including GST).
The amounts ordered are proved.

Is the tenant responsible for the damage to the premises?

Sections 40(2)(a), 41 and 49B of the RTA provides that 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.
Section 49B(3)(a) of the RTA provides that 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).
Section 49B(3)(b) of the RTA provides that 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). Section 49B(3A)(a) of the RTA provides that where insurance money is irrecoverable because of the tenant's conduct, the property is treated as if it is not insured against the damage.
Section 49B(1) of the RTA provides that 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.
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.)
The Insurance Statement in the Tenancy Agreement provides that the premises are insured and that the applicable excess is $1,000.00 for “any claim for vandalism or intentional act”. At the hearing, the landlord advised that the insurance changed on 01 May 2023 and the applicable excess became $400.00 per claim and $500 per claim for “deliberate damage”. The landlord said the tenant was notified of this change in November 2023.
The landlord is claiming for damage to the walls in various rooms, replacement of a missing door handle and stain removal from the carpet in three different rooms. The landlord has provided a pre-inspection tenancy report and photographs taken at the end of the tenancy which prove the damage was caused during the tenancy.
The damage is more than fair wear and tear, and the tenant has not disproved liability for the damage or that it was intentional.
The landlord has provided invoices for this work. The amounts ordered are proved and I award: $172.50 (including GST) to replace the missing door handle; $747.50 (including GST) to repair the damaged walls and paintwork; and $195.00 (including GST) for stain removal treatments to the carpet.
[The applicant/s] has substantially succeeded with the claim. For this reason, I have ordered reimbursement of the filing fee and granted the application for 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 4955124 — net $1,649.24 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears to 01 June 2024	$2,231.43	Rent arrears to 01 June 2024
Water rates	$444.31	Water rates
Carpet stain removal	$195.00	Carpet stain removal
Pest control	$241.50	Pest control
Replace missing door handle	$172.50	Replace missing door handle
Repair damaged walls and paint work	$747.50	Repair damaged walls and paint work
Rubbish removal	$350.00	Rubbish removal
Filing fee reimbursement	$27.00	Filing fee reimbursement
Net award	$1,649.24
Total payable by Tenant to Landlord	$1,649.24

Claims and awards for application 4955124 — net $1,649.24 NZD. Verify on MoJ.

Rent arrears to 01 June 2024

Amount: $2,231.43
Awarded to: Landlord
Reason: Rent arrears to 01 June 2024

Water rates

Amount: $444.31
Awarded to: Landlord
Reason: Water rates

Carpet stain removal

Amount: $195.00
Awarded to: Landlord
Reason: Carpet stain removal

Pest control

Amount: $241.50
Awarded to: Landlord
Reason: Pest control

Replace missing door handle

Amount: $172.50
Awarded to: Landlord
Reason: Replace missing door handle

Claim types — money lines allowed on this order

Filing Fee Pest Control Property damage Rent arrears Rubbish Removal Water Rates

Order

Siaosi Kolofale and Uikelotu Kolofale must pay [The landlord/s] $1,649.24 immediately, calculated as shown in the table below:
The Bond Centre is to pay the bond of $2,760.00 ([Bond number suppressed]) to [The landlord/s] immediately.

Reasons

The landlord attended the hearing. The tenant did not attend the hearing. The tenant has not communicated with the Tribunal regarding why they would not attend the hearing. The hearing proceeded in the tenant’s absence.
The landlord has applied for rent arrears, water rates, compensation, refund of the bond, and reimbursement of the filing fee following the end of the tenancy. The landlord has withdrawn the claim for damage to the oven dial.

How much is owed for rent and water rates?

The tenancy ended on 01 June 2024. The landlord provided rent records in the form of a rent ledger and invoices for water rates which prove the amount owing at the end of the tenancy. These claims are proved.

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

Section 40(1)(e)(ii)-(v) of the Residential Tenancies Act 1986 (RTA) provides that 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.
The tenant did not leave the premises reasonably clean and tidy and did not remove all rubbish. Specifically, a large amount of rubbish was left in the garden and the area next to the dishwasher in the kitchen was left uncleaned. The landlord said this attracted cockroaches.
The landlord has provided invoices for rubbish removal ($350.00 including GST) and pest control ($241.50 including GST).
The amounts ordered are proved.

Is the tenant responsible for the damage to the premises?

Sections 40(2)(a), 41 and 49B of the RTA provides that 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.
Section 49B(3)(a) of the RTA provides that 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).
Section 49B(3)(b) of the RTA provides that 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). Section 49B(3A)(a) of the RTA provides that where insurance money is irrecoverable because of the tenant's conduct, the property is treated as if it is not insured against the damage.
Section 49B(1) of the RTA provides that 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.
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.)
The Insurance Statement in the Tenancy Agreement provides that the premises are insured and that the applicable excess is $1,000.00 for “any claim for vandalism or intentional act”. At the hearing, the landlord advised that the insurance changed on 01 May 2023 and the applicable excess became $400.00 per claim and $500 per claim for “deliberate damage”. The landlord said the tenant was notified of this change in November 2023.
The landlord is claiming for damage to the walls in various rooms, replacement of a missing door handle and stain removal from the carpet in three different rooms. The landlord has provided a pre-inspection tenancy report and photographs taken at the end of the tenancy which prove the damage was caused during the tenancy.
The damage is more than fair wear and tear, and the tenant has not disproved liability for the damage or that it was intentional.
The landlord has provided invoices for this work. The amounts ordered are proved and I award: $172.50 (including GST) to replace the missing door handle; $747.50 (including GST) to repair the damaged walls and paintwork; and $195.00 (including GST) for stain removal treatments to the carpet.
[The applicant/s] has substantially succeeded with the claim. For this reason, I have ordered reimbursement of the filing fee and granted the application for suppression.

Tenancy Tribunal case 4955124 — Rent arrears at 38 Mili Way, Ranui, Auckland 0612

At a glance

Tenancy Tribunal case 4955124 — Rent arrears at 38 Mili Way, Ranui, Auckland 0612

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