What was the outcome of Tenancy Tribunal case 4966433?

The tribunal order states: Lavinia Wallena Lemon must pay Kāinga Ora–Homes And Communities

How much money was awarded in case 4966433?

Cleaning: $905.07 awarded to landlord; Pest Extermination And Skip Bins Dur…: $883.00 awarded to landlord; Property Damage: $188.61 awarded to landlord; Rent Arrears: $2,454.15 awarded to landlord; Rubbish Removal: $4,673.91 awarded to landlord

What type of tenancy dispute was case 4966433?

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

Where can I read the official tribunal order for case 4966433?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/11133072-Tenancy_Tribunal_Order.pdf.

What was the outcome of Tenancy Tribunal case 4966433?

The tribunal order states: Lavinia Wallena Lemon must pay Kāinga Ora–Homes And Communities

How much money was awarded in case 4966433?

Cleaning: $905.07 awarded to landlord; Pest Extermination And Skip Bins Dur…: $883.00 awarded to landlord; Property Damage: $188.61 awarded to landlord; Rent Arrears: $2,454.15 awarded to landlord; Rubbish Removal: $4,673.91 awarded to landlord

What type of tenancy dispute was case 4966433?

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

Where can I read the official tribunal order for case 4966433?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/11133072-Tenancy_Tribunal_Order.pdf.

9 Arbor Close, Manurewa, Auckland 2102 Tenancy Tribunal Case 4966433 — Rent arrears

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9 Arbor Close, Manurewa, Auckland 2102 Tenancy Tribunal Case 4966433 — 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 4966433 — net $9,104.74 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears to 14 June 2024	$2,454.15	Rent arrears to 14 June 2024
Rubbish removal	$4,673.91	Rubbish removal
Cleaning	$905.07	Cleaning
Repairs	$188.61	Repairs
Pest extermination and skip bins during tenancy	$883.00	Pest extermination and skip bins during tenancy
Net award	$9,104.74
Total payable by Tenant to Landlord	$9,104.74

Claims and awards for application 4966433 — net $9,104.74 NZD. Verify on MoJ.

Rent arrears to 14 June 2024

Amount: $2,454.15
Awarded to: Landlord
Reason: Rent arrears to 14 June 2024

Rubbish removal

Amount: $4,673.91
Awarded to: Landlord
Reason: Rubbish removal

Cleaning

Amount: $905.07
Awarded to: Landlord
Reason: Cleaning

Repairs

Amount: $188.61
Awarded to: Landlord
Reason: Repairs

Pest extermination and skip bins during tenancy

Amount: $883.00
Awarded to: Landlord
Reason: Pest extermination and skip bins during tenancy

Claim types — money lines allowed on this order

Cleanliness Property damage Rent arrears Rubbish Removal

Order

Lavinia Wallena Lemon must pay Kāinga Ora–Homes And Communities $9,104.74 immediately, calculated as shown in table below.

Reasons

The landlord attended the hearing which was held by teleconference. The tenant did not answer either of the calls made to her at the scheduled time on the number provided to the Tribunal.
Because I am satisfied the tenant has been served notice of the hearing in accordance with the Residential Tenancies Act, 1986 and the tenant has not requested an adjournment, the hearing was conducted in the tenant’s absence.
The landlord has applied for rent arrears, compensation and refund of the bond following the end of the tenancy.

How much is owed for rent?

The tenancy ended on 14 June 2024 following the tenant signing a 28 day notice to end tenancy form. The landlord provided rent records which prove the amount owing at the end of the tenancy is $2,454.15.

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 chose to leave all her belongings behind. There was a substantial clean up required inside and outside the premises, which included removing belongings and rubbish, and then cleaning the property. The landlord provided written and oral information and photographs in support of the claim. The amounts ordered are proved.
The landlord claimed $711.73 for curtains that had been removed by the tenant. I note the tenancy lasted 8 years which is the reasonable lifespan for curtains in a rental property. I make no award for curtains.
The landlord also claimed $883.00 for unpaid expenses incurred during the tenancy for pest control and rubbish removal. This amount is 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.
The landlord has claimed $188.61 for repairs to walls following the end of the tenancy. This amount is proved.
I have taken into account betterment and depreciation. The landlord should be returned to the position they would have been in had the tenant not breached their obligations, and should not be better or worse off.

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 4966433 — net $9,104.74 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears to 14 June 2024	$2,454.15	Rent arrears to 14 June 2024
Rubbish removal	$4,673.91	Rubbish removal
Cleaning	$905.07	Cleaning
Repairs	$188.61	Repairs
Pest extermination and skip bins during tenancy	$883.00	Pest extermination and skip bins during tenancy
Net award	$9,104.74
Total payable by Tenant to Landlord	$9,104.74

Claims and awards for application 4966433 — net $9,104.74 NZD. Verify on MoJ.

Rent arrears to 14 June 2024

Amount: $2,454.15
Awarded to: Landlord
Reason: Rent arrears to 14 June 2024

Rubbish removal

Amount: $4,673.91
Awarded to: Landlord
Reason: Rubbish removal

Cleaning

Amount: $905.07
Awarded to: Landlord
Reason: Cleaning

Repairs

Amount: $188.61
Awarded to: Landlord
Reason: Repairs

Pest extermination and skip bins during tenancy

Amount: $883.00
Awarded to: Landlord
Reason: Pest extermination and skip bins during tenancy

Claim types — money lines allowed on this order

Cleanliness Property damage Rent arrears Rubbish Removal

Order

Lavinia Wallena Lemon must pay Kāinga Ora–Homes And Communities $9,104.74 immediately, calculated as shown in table below.

Reasons

The landlord attended the hearing which was held by teleconference. The tenant did not answer either of the calls made to her at the scheduled time on the number provided to the Tribunal.
Because I am satisfied the tenant has been served notice of the hearing in accordance with the Residential Tenancies Act, 1986 and the tenant has not requested an adjournment, the hearing was conducted in the tenant’s absence.
The landlord has applied for rent arrears, compensation and refund of the bond following the end of the tenancy.

How much is owed for rent?

The tenancy ended on 14 June 2024 following the tenant signing a 28 day notice to end tenancy form. The landlord provided rent records which prove the amount owing at the end of the tenancy is $2,454.15.

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 chose to leave all her belongings behind. There was a substantial clean up required inside and outside the premises, which included removing belongings and rubbish, and then cleaning the property. The landlord provided written and oral information and photographs in support of the claim. The amounts ordered are proved.
The landlord claimed $711.73 for curtains that had been removed by the tenant. I note the tenancy lasted 8 years which is the reasonable lifespan for curtains in a rental property. I make no award for curtains.
The landlord also claimed $883.00 for unpaid expenses incurred during the tenancy for pest control and rubbish removal. This amount is 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.
The landlord has claimed $188.61 for repairs to walls following the end of the tenancy. This amount is proved.
I have taken into account betterment and depreciation. The landlord should be returned to the position they would have been in had the tenant not breached their obligations, and should not be better or worse off.

Tenancy Tribunal case 4966433 — Rent arrears at 9 Arbor Close, Manurewa, Auckland 2102

At a glance

Tenancy Tribunal case 4966433 — Rent arrears at 9 Arbor Close, Manurewa, Auckland 2102

At a glance

Award balance

Claims & awards

Order

Reasons

How much is owed for rent?

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?

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