What was Tenancy Tribunal case 4993600 about?

The tribunal order states: Lisa Fatialofa must pay [The landlord/s] $3,594.23 immediately, calculated as

How much money was awarded in case 4993600?

Cleaning: $138.00 awarded to landlord; Cleaning: $50.00 awarded to landlord; Filing Fee: $27.00 awarded to landlord; Lawns and Garden Work: $322.00 awarded to landlord; Rent Arrears: $1,541.43 awarded to landlord; Hole In Door: $333.50 awarded to landlord; Rubbish Removal: $977.50 awarded to landlord; Water Rates: $204.80 awarded to landlord

What type of tenancy dispute was case 4993600?

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

Where can I read the official tribunal order for case 4993600?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/11042968-Tribunal_Order_Redacted.pdf.

What was Tenancy Tribunal case 4993600 about?

The tribunal order states: Lisa Fatialofa must pay [The landlord/s] $3,594.23 immediately, calculated as

How much money was awarded in case 4993600?

Cleaning: $138.00 awarded to landlord; Cleaning: $50.00 awarded to landlord; Filing Fee: $27.00 awarded to landlord; Lawns and Garden Work: $322.00 awarded to landlord; Rent Arrears: $1,541.43 awarded to landlord; Hole In Door: $333.50 awarded to landlord; Rubbish Removal: $977.50 awarded to landlord; Water Rates: $204.80 awarded to landlord

What type of tenancy dispute was case 4993600?

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

Where can I read the official tribunal order for case 4993600?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/11042968-Tribunal_Order_Redacted.pdf.

34 Stranolar Drive, Mount Roskill, Auckland 1041 Tenancy Tribunal Case 4993600 — Rent arrears

Tenantcheck Insights

Reasons

Claims and awards in Tenancy Tribunal application 4993600 — net $3,594.23 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears (after bond applied	$1,541.43	Rent arrears (after bond applied
Water rates	$204.80	Water rates
Filing fee reimbursement	$27.00	Filing fee reimbursement
Repairs: Hole in door	$333.50	Repairs: Hole in door
Rubbish removal	$977.50	Rubbish removal
Carpet Cleaning	$138.00	Carpet Cleaning
Lawns and Garden work	$322.00	Lawns and Garden work
Cleaning: Mould in bathroom	$50.00	Cleaning: Mould in bathroom
Net award	$3,594.23
Total payable by Tenant to Landlord	$3,594.23

The landlord attended the hearing, conducted via video. The tenant did not join and a call out was made. The call went unanswered and to voicemail. I was satisfied adequate service had completed and I continued with the hearing after the second call went unanswered.

The landlord has applied for rent arrears, compensation, and reimbursement of the filing fee following the end of the tenancy.

At the hearing the landlord withdrew the claims for cleaning, shower curtain, and heat pump remote.

How much is owed for rent and water rates?

The tenancy ended on 9 July 2024. The landlord provided rent records and water rates invoices which prove the amounts owing at the end of the tenancy are as ordered.

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 must also replace standard light bulbs.

The tenant did not leave the premises reasonably clean and tidy, and did not remove all rubbish. The bathroom ceiling was damaged by extensive mould. It was repainted but given the age of the existing paint, an allowance for mould removal, being $50.00, only is made.

The carpet needed cleaning. The invoice established the cost of $138.00 and photos evidenced the need. This is awarded in full.

There was extensive rubbish and contents left behind. These were evidenced by a number of photos. The invoiced cost of $977.50 is proven and awarded.

The lawns and gardens were overgrown and the invoice and photos established the award of $322.00 as reasonable.

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 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 bedroom door had a hole smashed into it. The photos prove this damage and the invoiced amount of $333.50 is reasonable and awarded.

The damage is more than fair wear and tear, and the tenant has not disproved liability for the damage.

The amounts ordered are proved. Filing fee

Because [The applicant/s] has substantially succeeded with the claim I have reimbursed the filing fee. Suppression

Section 95A RTA states regarding suppression orders that the Tribunal must, on the application of a party that has wholly or substantially succeeded in proceedings, order that the party’s name or identifying particulars not be published, unless the Tribunal considers that publication is in the public interest or is justified because of the party’s conduct or any other circumstances of the case.

Further, the Tribunal may, on the application of any party to proceedings or on its own initiative, having regard to the interests of the parties and to the public interest, order that all or part of the evidence given or the name or any identifying particulars of any witness or party not be published.

The landlord requested suppression in its application. As it has been substantially successful, suppression of the landlord name is ordered. I have not suppressed the address as public interest in this detail via future prospective tenant or purchaser searches is considered to outweigh any specific interest of the landlord in that detail being suppressed.

Reasons

Claims and awards in Tenancy Tribunal application 4993600 — net $3,594.23 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears (after bond applied	$1,541.43	Rent arrears (after bond applied
Water rates	$204.80	Water rates
Filing fee reimbursement	$27.00	Filing fee reimbursement
Repairs: Hole in door	$333.50	Repairs: Hole in door
Rubbish removal	$977.50	Rubbish removal
Carpet Cleaning	$138.00	Carpet Cleaning
Lawns and Garden work	$322.00	Lawns and Garden work
Cleaning: Mould in bathroom	$50.00	Cleaning: Mould in bathroom
Net award	$3,594.23
Total payable by Tenant to Landlord	$3,594.23

The landlord has applied for rent arrears, compensation, and reimbursement of the filing fee following the end of the tenancy.

At the hearing the landlord withdrew the claims for cleaning, shower curtain, and heat pump remote.

How much is owed for rent and water rates?

The tenancy ended on 9 July 2024. The landlord provided rent records and water rates invoices which prove the amounts owing at the end of the tenancy are as ordered.

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

The carpet needed cleaning. The invoice established the cost of $138.00 and photos evidenced the need. This is awarded in full.

There was extensive rubbish and contents left behind. These were evidenced by a number of photos. The invoiced cost of $977.50 is proven and awarded.

The lawns and gardens were overgrown and the invoice and photos established the award of $322.00 as reasonable.

The amounts ordered are proved.

Is the tenant responsible for the damage to the premises?

A bedroom door had a hole smashed into it. The photos prove this damage and the invoiced amount of $333.50 is reasonable and awarded.

The damage is more than fair wear and tear, and the tenant has not disproved liability for the damage.

The amounts ordered are proved. Filing fee

Because [The applicant/s] has substantially succeeded with the claim I have reimbursed the filing fee. Suppression

Tenancy Tribunal case 4993600 — Rent arrears at 34 Stranolar Drive, Mount Roskill, Auckland 1041

At a glance

Tenancy Tribunal case 4993600 — Rent arrears at 34 Stranolar Drive, Mount Roskill, Auckland 1041

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