What was the outcome of Tenancy Tribunal case 5003968?

The tribunal order states: William Ross and John Ross must pay Barfoot & Thompson Limited - As Agent

How much money was awarded in case 5003968?

Cleaning: $805.00 awarded to landlord; Filing Fee: $27.00 awarded to landlord; Rent Arrears: $6,285.71 awarded to landlord; Window Latches: $149.04 awarded to landlord; Water Rates: $300.81 awarded to landlord

What type of tenancy dispute was case 5003968?

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

Where can I read the official tribunal order for case 5003968?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/11314599-Tenancy_Tribunal_Order.pdf.

What was the outcome of Tenancy Tribunal case 5003968?

The tribunal order states: William Ross and John Ross must pay Barfoot & Thompson Limited - As Agent

How much money was awarded in case 5003968?

Cleaning: $805.00 awarded to landlord; Filing Fee: $27.00 awarded to landlord; Rent Arrears: $6,285.71 awarded to landlord; Window Latches: $149.04 awarded to landlord; Water Rates: $300.81 awarded to landlord

What type of tenancy dispute was case 5003968?

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

Where can I read the official tribunal order for case 5003968?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/11314599-Tenancy_Tribunal_Order.pdf.

10A Lomas Place, Manurewa, Auckland 2102 Tenancy Tribunal Case 5003968 — Rent arrears

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10A Lomas Place, Manurewa, Auckland 2102 Tenancy Tribunal Case 5003968 — 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 5003968 — net $7,567.56 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears	$6,285.71	Rent arrears
Water rates	$300.81	Water rates
Cleaning	$805.00	Cleaning
Repairs: Window latches	$149.04	Repairs: Window latches
Filing fee reimbursement	$27.00	Filing fee reimbursement
Net award	$7,567.56
Total payable by Tenant to Landlord	$7,567.56

Claims and awards for application 5003968 — net $7,567.56 NZD. Verify on MoJ.

Rent arrears

Amount: $6,285.71
Awarded to: Landlord
Reason: Rent arrears

Water rates

Amount: $300.81
Awarded to: Landlord
Reason: Water rates

Cleaning

Amount: $805.00
Awarded to: Landlord
Reason: Cleaning

Repairs: Window latches

Amount: $149.04
Awarded to: Landlord
Reason: Repairs: Window latches

Filing fee reimbursement

Amount: $27.00
Awarded to: Landlord
Reason: Filing fee reimbursement

Claim types — money lines allowed on this order

Cleanliness Filing Fee Rent arrears Property damage Water Rates

Order

William Ross and John Ross must pay Barfoot & Thompson Limited - As Agent For Jamie Dally $7,567.56 immediately, calculated as shown in table below.

Reasons

The landlord attended the video hearing.
The tenants did not attend the hearing by Teams video link. Telephone calls were made to the tenants on the number provided at the allocated hearing time. All calls went to voicemail. The Tribunal may hear matters in the absence of a party where satisfied that notice of the hearing has been given. I am satisfied that notice has been given.
The landlord has applied for rent arrears, compensation 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 5 October 2024. The landlord provided rent records and water rates invoices which prove the amount owing at the end of the tenancy was $6,285.71 for rent and $300.81 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. See section 40(1)(e)(ii)-(v) Residential Tenancies Act 1986.
The tenant did not leave the premises reasonably clean and tidy. The landlord provided extensive photos of the premises both prior to the commencement of the tenancy and at the end of the tenancy showing the condition of the premises. The invoice for cleaning is $805.00 and that is reasonable.

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.
Two window latches were broken during the tenancy. The evidence of the contractor was that the damage was not fair wear and tear. The damage is more than fair wear and tear, and the tenant has not disproved liability for the damage. The invoice is for $149.04.
The amount ordered is proven.
As Barfoot & Thompson Limited - As Agent For Jamie Dally has wholly succeeded with the claim I must reimburse the filing fee.

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 5003968 — net $7,567.56 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears	$6,285.71	Rent arrears
Water rates	$300.81	Water rates
Cleaning	$805.00	Cleaning
Repairs: Window latches	$149.04	Repairs: Window latches
Filing fee reimbursement	$27.00	Filing fee reimbursement
Net award	$7,567.56
Total payable by Tenant to Landlord	$7,567.56

Claims and awards for application 5003968 — net $7,567.56 NZD. Verify on MoJ.

Rent arrears

Amount: $6,285.71
Awarded to: Landlord
Reason: Rent arrears

Water rates

Amount: $300.81
Awarded to: Landlord
Reason: Water rates

Cleaning

Amount: $805.00
Awarded to: Landlord
Reason: Cleaning

Repairs: Window latches

Amount: $149.04
Awarded to: Landlord
Reason: Repairs: Window latches

Filing fee reimbursement

Amount: $27.00
Awarded to: Landlord
Reason: Filing fee reimbursement

Claim types — money lines allowed on this order

Cleanliness Filing Fee Rent arrears Property damage Water Rates

Order

William Ross and John Ross must pay Barfoot & Thompson Limited - As Agent For Jamie Dally $7,567.56 immediately, calculated as shown in table below.

Reasons

The landlord attended the video hearing.
The tenants did not attend the hearing by Teams video link. Telephone calls were made to the tenants on the number provided at the allocated hearing time. All calls went to voicemail. The Tribunal may hear matters in the absence of a party where satisfied that notice of the hearing has been given. I am satisfied that notice has been given.
The landlord has applied for rent arrears, compensation 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 5 October 2024. The landlord provided rent records and water rates invoices which prove the amount owing at the end of the tenancy was $6,285.71 for rent and $300.81 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. See section 40(1)(e)(ii)-(v) Residential Tenancies Act 1986.
The tenant did not leave the premises reasonably clean and tidy. The landlord provided extensive photos of the premises both prior to the commencement of the tenancy and at the end of the tenancy showing the condition of the premises. The invoice for cleaning is $805.00 and that is reasonable.

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.
Two window latches were broken during the tenancy. The evidence of the contractor was that the damage was not fair wear and tear. The damage is more than fair wear and tear, and the tenant has not disproved liability for the damage. The invoice is for $149.04.
The amount ordered is proven.
As Barfoot & Thompson Limited - As Agent For Jamie Dally has wholly succeeded with the claim I must reimburse the filing fee.

Tenancy Tribunal case 5003968 — Rent arrears at 10A Lomas Place, Manurewa, Auckland 2102

At a glance

Tenancy Tribunal case 5003968 — Rent arrears at 10A Lomas Place, Manurewa, Auckland 2102

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

Property management

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

Property management

Frequently asked questions