What was Tenancy Tribunal case 5042996 about?

The tribunal order states: The tenancy of Pareroa Mihirangi taana Gilbert and Pashyn Rihi Brae Gilbert at

How much money was awarded in case 5042996?

Cleaning: $200.00 awarded to landlord; Rent Arrears: $8,640.00 awarded to landlord; Replace furnishings: Queen-size bedf…: $200.00 awarded to landlord; Rubbish Removal: $235.00 awarded to landlord; Water Rates: $808.20 awarded to landlord

What type of tenancy dispute was case 5042996?

The primary dispute was Rent arrears. Related themes: Cleanliness.

Where can I read the official tribunal order for case 5042996?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/11060203-Tribunal_Order_Redacted.pdf.

What was Tenancy Tribunal case 5042996 about?

The tribunal order states: The tenancy of Pareroa Mihirangi taana Gilbert and Pashyn Rihi Brae Gilbert at

How much money was awarded in case 5042996?

Cleaning: $200.00 awarded to landlord; Rent Arrears: $8,640.00 awarded to landlord; Replace furnishings: Queen-size bedf…: $200.00 awarded to landlord; Rubbish Removal: $235.00 awarded to landlord; Water Rates: $808.20 awarded to landlord

What type of tenancy dispute was case 5042996?

The primary dispute was Rent arrears. Related themes: Cleanliness.

Where can I read the official tribunal order for case 5042996?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/11060203-Tribunal_Order_Redacted.pdf.

16 Mangerton Lane, East Tamaki Heights, Auckland 2016 Tenancy Tribunal Case 5042996 — Rent arrears

Tenantcheck Insights

16 Mangerton Lane, East Tamaki Heights, Auckland 2016 Tenancy Tribunal Case 5042996 — 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 5042996 — net $7,178.20 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears to 20 October 2024	$8,640.00	Rent arrears to 20 October 2024
Water rates	$808.20	Water rates
Rubbish removal	$235.00	Rubbish removal
Cleaning	$200.00	Cleaning
Replace furnishings: Queen-size bedframe	$200.00	Replace furnishings: Queen-size bedframe
Net award	$7,178.20
Total payable by Tenant to Landlord	$7,178.20

Claims and awards for application 5042996 — net $7,178.20 NZD. Verify on MoJ.

Rent arrears to 20 October 2024

Amount: $8,640.00
Awarded to: Landlord
Reason: Rent arrears to 20 October 2024

Water rates

Amount: $808.20
Awarded to: Landlord
Reason: Water rates

Rubbish removal

Amount: $235.00
Awarded to: Landlord
Reason: Rubbish removal

Cleaning

Amount: $200.00
Awarded to: Landlord
Reason: Cleaning

Replace furnishings: Queen-size bedframe

Amount: $200.00
Awarded to: Landlord
Reason: Replace furnishings: Queen-size bedframe

Claim types — money lines allowed on this order

Cleanliness Rent arrears Rubbish Removal Water Rates

Order

The tenancy of Pareroa Mihirangi taana Gilbert and Pashyn Rihi Brae Gilbert at 16 Mangerton Lane, East Tamaki Heights, Auckland 2016 is terminated, and possession is granted to [The landlord/s] immediately.
Pareroa Mihirangi taana Gilbert and Pashyn Rihi Brae Gilbert must pay [The landlord/s] $7,178.20 immediately, calculated as shown in table below.
The Bond Centre is to pay the bond of $2,905.00 ([Bond number suppressed]) to [The landlord/s] immediately.

Reasons

The landlord attended the hearing. The tenant did not.
The tenancy began on 24 April 2024 and was fixed until 20 April 2025.
The landlord has applied for termination of the tenancy for abandonment, rent arrears, compensation, reimbursement of the filing fee and refund of the bond.

Should the tenancy be terminated?

The Tribunal may terminate the tenancy where the premises have been abandoned and rent is in arrear at the hearing date. See section 61 Residential Tenancies Act 1986. A tenancy is abandoned where the tenant leaves the premises without reasonable excuse, not intending to return or to meet their obligations, and fails to notify the landlord.
On 20 September 2024, the tenant advised the landlord that they were leaving the property effective immediately. The landlord conducted an inspection of the property shortly after and found it to be largely empty with most of the tenant’s belongings removed. The owner of the property lives in a separate dwelling situated above the tenancy address. They advised their property manager that they have not seen the tenant since 20 September 2024.
On 20 September 2024, the landlord became aware (or ought to have been aware) that the tenant had abandoned the premises.
Because the premises have been abandoned, and rent is in arrear, the tenancy is terminated immediately.

How much does the tenant owe?

The tenancy was a fixed-term tenancy until 20 April 2025. At the date of the hearing on 11 November 2024, it had not been re-tenanted. The landlord could have sought rent arrears all the way up to the end of the fixed-term (see section 61(3)(b) Residential Tenancies Act 1986), but only sought rent arrears up to 20 October 2024.
The landlord provided a rent summary, which proves that rent arrears totalled $8,640.00 as at 20 October 2024. The landlord’s claim for rent arrears is granted in full for this amount.

How much is owed for water rates?

The landlord sought $808.20 in outstanding water rates and provided invoices from the water rates authority for this amount. The landlord’s claim for outstanding water rates is granted in full for this amount.

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 landlord sought compensation for the following: a. Rubbish removal b. General cleaning c. Carpet cleaning d. Replacement of chattels/furnishings (queen-size bedframe)
I deal with each item in turn below. Rubbish removal and general cleaning
The landlord provided photographs of the property at the end of the tenancy, which show the tenant left rubbish and miscellaneous household items at the property. Based on these photographs, I find that the tenant did not leave the premises reasonable clean and tidy, and did not remove all rubbish.
The landlord provided a quote for a skip bin for $235.00. The landlord’s claim for compensation for rubbish removal is granted in full for this amount.
The landlord sought $200.00 compensation for general cleaning. They advised the Tribunal that this figure was based upon oral quotes they received from cleaning companies over the phone, as well as their own experience. Based on the state of the property as shown in the photographs provided by the landlord, I consider $200.00 to be a reasonable sum for general cleaning. The Tribunal sees numerous applications for compensation for cleaning. The average hourly rate tends to be $50.00. Considering the state of the property, I think it is likely that approximately 4 hours of cleaning will need to occur to bring it to a reasonably clean and tidy standard. The landlord’s claim for compensation for cleaning is granted in full for $200.00. Carpet cleaning
The landlord sought further compensation of $300.00 for professional carpet cleaning. The landlord submitted that the tenants wore muddy shoes inside that dirtied the carpet. The landlord referred to a small mark on the carpet in one photograph. The landlord did not provide photographs of the property at the beginning of the tenancy and therefore, I am not satisfied that they have proven that this mark was caused by the tenant during this tenancy. Therefore, the landlord’s claim for compensation for professional carpet cleaning is dismissed. Replace chattels/furnishings (queen-size bedframe)
The landlord gave evidence that the property was tenanted partly furnished. The landlord’s written application stated that the tenant had taken the following items: a. Chest of drawers b. Fan heater c. Shoe rack d. Storage unit e. Queen-size bedframe
At the hearing, the landlord advised that the tenant had recently returned everything except the queen-sized bedframe. The landlord sought $200.00 compensation to replace the bedframe.
The landlord referred to the Tribunal to advertisements for similar, second-hand bedframes on Facebook marketplace for $200.00. The landlord’s claim for compensation of $200.00 to replace the queen-sized bedframe is granted in full.
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. In calculating depreciation, I have taken into account the age and condition of the bedframe at the start of the tenancy and its likely useful lifespan. Filing fee
Because [The applicant/s] 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 5042996 — net $7,178.20 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears to 20 October 2024	$8,640.00	Rent arrears to 20 October 2024
Water rates	$808.20	Water rates
Rubbish removal	$235.00	Rubbish removal
Cleaning	$200.00	Cleaning
Replace furnishings: Queen-size bedframe	$200.00	Replace furnishings: Queen-size bedframe
Net award	$7,178.20
Total payable by Tenant to Landlord	$7,178.20

Claims and awards for application 5042996 — net $7,178.20 NZD. Verify on MoJ.

Rent arrears to 20 October 2024

Amount: $8,640.00
Awarded to: Landlord
Reason: Rent arrears to 20 October 2024

Water rates

Amount: $808.20
Awarded to: Landlord
Reason: Water rates

Rubbish removal

Amount: $235.00
Awarded to: Landlord
Reason: Rubbish removal

Cleaning

Amount: $200.00
Awarded to: Landlord
Reason: Cleaning

Replace furnishings: Queen-size bedframe

Amount: $200.00
Awarded to: Landlord
Reason: Replace furnishings: Queen-size bedframe

Claim types — money lines allowed on this order

Cleanliness Rent arrears Rubbish Removal Water Rates

Order

The tenancy of Pareroa Mihirangi taana Gilbert and Pashyn Rihi Brae Gilbert at 16 Mangerton Lane, East Tamaki Heights, Auckland 2016 is terminated, and possession is granted to [The landlord/s] immediately.
Pareroa Mihirangi taana Gilbert and Pashyn Rihi Brae Gilbert must pay [The landlord/s] $7,178.20 immediately, calculated as shown in table below.
The Bond Centre is to pay the bond of $2,905.00 ([Bond number suppressed]) to [The landlord/s] immediately.

Reasons

The landlord attended the hearing. The tenant did not.
The tenancy began on 24 April 2024 and was fixed until 20 April 2025.
The landlord has applied for termination of the tenancy for abandonment, rent arrears, compensation, reimbursement of the filing fee and refund of the bond.

Should the tenancy be terminated?

The Tribunal may terminate the tenancy where the premises have been abandoned and rent is in arrear at the hearing date. See section 61 Residential Tenancies Act 1986. A tenancy is abandoned where the tenant leaves the premises without reasonable excuse, not intending to return or to meet their obligations, and fails to notify the landlord.
On 20 September 2024, the tenant advised the landlord that they were leaving the property effective immediately. The landlord conducted an inspection of the property shortly after and found it to be largely empty with most of the tenant’s belongings removed. The owner of the property lives in a separate dwelling situated above the tenancy address. They advised their property manager that they have not seen the tenant since 20 September 2024.
On 20 September 2024, the landlord became aware (or ought to have been aware) that the tenant had abandoned the premises.
Because the premises have been abandoned, and rent is in arrear, the tenancy is terminated immediately.

How much does the tenant owe?

The tenancy was a fixed-term tenancy until 20 April 2025. At the date of the hearing on 11 November 2024, it had not been re-tenanted. The landlord could have sought rent arrears all the way up to the end of the fixed-term (see section 61(3)(b) Residential Tenancies Act 1986), but only sought rent arrears up to 20 October 2024.
The landlord provided a rent summary, which proves that rent arrears totalled $8,640.00 as at 20 October 2024. The landlord’s claim for rent arrears is granted in full for this amount.

How much is owed for water rates?

The landlord sought $808.20 in outstanding water rates and provided invoices from the water rates authority for this amount. The landlord’s claim for outstanding water rates is granted in full for this amount.

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 landlord sought compensation for the following: a. Rubbish removal b. General cleaning c. Carpet cleaning d. Replacement of chattels/furnishings (queen-size bedframe)
I deal with each item in turn below. Rubbish removal and general cleaning
The landlord provided photographs of the property at the end of the tenancy, which show the tenant left rubbish and miscellaneous household items at the property. Based on these photographs, I find that the tenant did not leave the premises reasonable clean and tidy, and did not remove all rubbish.
The landlord provided a quote for a skip bin for $235.00. The landlord’s claim for compensation for rubbish removal is granted in full for this amount.
The landlord sought $200.00 compensation for general cleaning. They advised the Tribunal that this figure was based upon oral quotes they received from cleaning companies over the phone, as well as their own experience. Based on the state of the property as shown in the photographs provided by the landlord, I consider $200.00 to be a reasonable sum for general cleaning. The Tribunal sees numerous applications for compensation for cleaning. The average hourly rate tends to be $50.00. Considering the state of the property, I think it is likely that approximately 4 hours of cleaning will need to occur to bring it to a reasonably clean and tidy standard. The landlord’s claim for compensation for cleaning is granted in full for $200.00. Carpet cleaning
The landlord sought further compensation of $300.00 for professional carpet cleaning. The landlord submitted that the tenants wore muddy shoes inside that dirtied the carpet. The landlord referred to a small mark on the carpet in one photograph. The landlord did not provide photographs of the property at the beginning of the tenancy and therefore, I am not satisfied that they have proven that this mark was caused by the tenant during this tenancy. Therefore, the landlord’s claim for compensation for professional carpet cleaning is dismissed. Replace chattels/furnishings (queen-size bedframe)
The landlord gave evidence that the property was tenanted partly furnished. The landlord’s written application stated that the tenant had taken the following items: a. Chest of drawers b. Fan heater c. Shoe rack d. Storage unit e. Queen-size bedframe
At the hearing, the landlord advised that the tenant had recently returned everything except the queen-sized bedframe. The landlord sought $200.00 compensation to replace the bedframe.
The landlord referred to the Tribunal to advertisements for similar, second-hand bedframes on Facebook marketplace for $200.00. The landlord’s claim for compensation of $200.00 to replace the queen-sized bedframe is granted in full.
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. In calculating depreciation, I have taken into account the age and condition of the bedframe at the start of the tenancy and its likely useful lifespan. Filing fee
Because [The applicant/s] has wholly succeeded with the claim I must reimburse the filing fee.

Tenancy Tribunal case 5042996 — Rent arrears at 16 Mangerton Lane, East Tamaki Heights, Auckland 2016

At a glance

Tenancy Tribunal case 5042996 — Rent arrears at 16 Mangerton Lane, East Tamaki Heights, Auckland 2016

At a glance

Award balance

Claims & awards

Order

Reasons

Should the tenancy be terminated?

How much does the tenant owe?

How much is owed for water rates?

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

Topics & place

Residential Tenancies Act sections

Key findings

Frequently asked questions

Award balance

Claims & awards

Order

Reasons

Should the tenancy be terminated?

How much does the tenant owe?

How much is owed for water rates?

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

Topics & place

Residential Tenancies Act sections

Key findings

Frequently asked questions