What was the outcome of Tenancy Tribunal case 4956118?

The tribunal order states: Liana Rose Rachael Alisha Pepe-Nathan and Alec Trent Mauri Tawhai to pay

How much money was awarded in case 4956118?

Water Rates: $2,000.00 awarded to landlord

What type of tenancy dispute was case 4956118?

The dispute type was not classified.

Where can I read the official tribunal order for case 4956118?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/10874232-Tenancy_Tribunal_Order.pdf.

What was the outcome of Tenancy Tribunal case 4956118?

The tribunal order states: Liana Rose Rachael Alisha Pepe-Nathan and Alec Trent Mauri Tawhai to pay

How much money was awarded in case 4956118?

Water Rates: $2,000.00 awarded to landlord

What type of tenancy dispute was case 4956118?

The dispute type was not classified.

Where can I read the official tribunal order for case 4956118?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/10874232-Tenancy_Tribunal_Order.pdf.

Unit/Flat 2, 19 Dunstan Place, Otara, Auckland 2023 Tenancy Tribunal Case 4956118 — Tenancy dispute

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Unit/Flat 2, 19 Dunstan Place, Otara, Auckland 2023 Tenancy Tribunal Case 4956118 — Tenancy dispute | 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 4956118 — net $2,000.00 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Cleaning, rubbish removal, water rates and repairs to three doors	$2,000.00	Cleaning, rubbish removal, water rates and repairs to three doors
Net award	$2,000.00
Bond	$2,000.00
Total payable by Tenant to Landlord	$2,000.00

Claims and awards for application 4956118 — net $2,000.00 NZD. Verify on MoJ.

Cleaning, rubbish removal, water rates and repairs to three doors

Amount: $2,000.00
Awarded to: Landlord
Reason: Cleaning, rubbish removal, water rates and repairs to three doors

Net award

Landlord $2,000.00

Bond

Landlord $2,000.00

Total payable by Tenant to Landlord

Landlord $2,000.00

Claim types — money lines allowed on this order

Water Rates

Order

Liana Rose Rachael Alisha Pepe-Nathan and Alec Trent Mauri Tawhai to pay Slpm Limited As Agent For S Sen And S Ram $2,000.00 from the bond, calculated as shown in table below.
The Bond Centre is to pay the bond of $2,000.00 (5099471-008) to Slpm Limited As Agent For S Sen And S Ram immediately.

Reasons

Only the applicant attended the hearing. Neither tenant could be contacted despite multiple attempts to both numbers.
The landlord has applied for rent compensation, refund of the bond, and reimbursement of the filing fee following the end of the tenancy.
I am satisfied that the tenants have notice of the claims against them and were well aware of the hearing today. That is apparent from the email correspondence as recently as August 2024 which confirmed the tenants would sign the bond release form. They have not done that and a Tribunal order is now the only way of releasing the bond.

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, and did not remove extensive rubbish.
Curtains provided at the beginning were missing at the end of the tenancy.
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.
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.
The following damage was caused during the tenancy: three doors were extensively damaged, and a number of walls had large holes. The damage is more than fair wear and tear, and the tenant has not disproved liability for the damage.
The amounts ordered are proved.
The landlord’s claim considerably exceeded $2,000 but was reduced to that amount as the landlord confirmed only the bond is to be claimed.
The landlord took the pragmatic approach that the property was to be renovated in any event and the owners were not therefore seeking full reimbursement for the extensive damage caused during the tenancy.
No name suppression was sought. The landlord requested that the order be published.

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 4956118 — net $2,000.00 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Cleaning, rubbish removal, water rates and repairs to three doors	$2,000.00	Cleaning, rubbish removal, water rates and repairs to three doors
Net award	$2,000.00
Bond	$2,000.00
Total payable by Tenant to Landlord	$2,000.00

Claims and awards for application 4956118 — net $2,000.00 NZD. Verify on MoJ.

Cleaning, rubbish removal, water rates and repairs to three doors

Amount: $2,000.00
Awarded to: Landlord
Reason: Cleaning, rubbish removal, water rates and repairs to three doors

Net award

Landlord $2,000.00

Bond

Landlord $2,000.00

Total payable by Tenant to Landlord

Landlord $2,000.00

Claim types — money lines allowed on this order

Water Rates

Order

Liana Rose Rachael Alisha Pepe-Nathan and Alec Trent Mauri Tawhai to pay Slpm Limited As Agent For S Sen And S Ram $2,000.00 from the bond, calculated as shown in table below.
The Bond Centre is to pay the bond of $2,000.00 (5099471-008) to Slpm Limited As Agent For S Sen And S Ram immediately.

Reasons

Only the applicant attended the hearing. Neither tenant could be contacted despite multiple attempts to both numbers.
The landlord has applied for rent compensation, refund of the bond, and reimbursement of the filing fee following the end of the tenancy.
I am satisfied that the tenants have notice of the claims against them and were well aware of the hearing today. That is apparent from the email correspondence as recently as August 2024 which confirmed the tenants would sign the bond release form. They have not done that and a Tribunal order is now the only way of releasing the bond.

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, and did not remove extensive rubbish.
Curtains provided at the beginning were missing at the end of the tenancy.
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.
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.
The following damage was caused during the tenancy: three doors were extensively damaged, and a number of walls had large holes. The damage is more than fair wear and tear, and the tenant has not disproved liability for the damage.
The amounts ordered are proved.
The landlord’s claim considerably exceeded $2,000 but was reduced to that amount as the landlord confirmed only the bond is to be claimed.
The landlord took the pragmatic approach that the property was to be renovated in any event and the owners were not therefore seeking full reimbursement for the extensive damage caused during the tenancy.
No name suppression was sought. The landlord requested that the order be published.

Tenancy Tribunal case 4956118 — Tenancy dispute at Unit/Flat 2, 19 Dunstan Place, Otara, Auckland 2023

At a glance

Tenancy Tribunal case 4956118 — Tenancy dispute at Unit/Flat 2, 19 Dunstan Place, Otara, Auckland 2023

At a glance

Award balance

Claims & awards

Order

Reasons

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

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