What was the outcome of Tenancy Tribunal case 5058308?

The tribunal order states: Jerram Kevin Puru must pay Eren Limited As Agent For Abdul & Victoria

How much money was awarded in case 5058308?

Cleaning: $270.00 awarded to landlord; Filing Fee: $27.00 awarded to landlord; Rent Arrears: $582.86 awarded to landlord; Rubbish Removal: $455.50 awarded to landlord; Water Rates: $505.91 awarded to landlord

What type of tenancy dispute was case 5058308?

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

Where can I read the official tribunal order for case 5058308?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/11518128-Tenancy_Tribunal_Order.pdf.

What was the outcome of Tenancy Tribunal case 5058308?

The tribunal order states: Jerram Kevin Puru must pay Eren Limited As Agent For Abdul & Victoria

How much money was awarded in case 5058308?

Cleaning: $270.00 awarded to landlord; Filing Fee: $27.00 awarded to landlord; Rent Arrears: $582.86 awarded to landlord; Rubbish Removal: $455.50 awarded to landlord; Water Rates: $505.91 awarded to landlord

What type of tenancy dispute was case 5058308?

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

Where can I read the official tribunal order for case 5058308?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/11518128-Tenancy_Tribunal_Order.pdf.

3 Tahuna Place, Onerahi, Whangarei 0110 Tenancy Tribunal Case 5058308 — Rent arrears

Reasons

Claims and awards in Tenancy Tribunal application 5058308 — net $1,841.27 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears (less bond) to 11/11/24	$582.86	Rent arrears (less bond) to 11/11/24
Water rates to 11/11/14	$505.91	Water rates to 11/11/14
Cleaning	$270.00	Cleaning
Rubbish removal	$455.50	Rubbish removal
Filing fee reimbursement	$27.00	Filing fee reimbursement
Net award	$1,841.27
Total payable by Tenant to Landlord	$1,841.27

The landlord’s agent attended the hearing. A call to the tenant’s last known mobile number went to voicemail.

Following the end of the tenancy, the landlord has applied for rent arrears, outgoings (water rates), compensation for cleaning, rubbish removal and repairs to the floor, and reimbursement of the filing fee.

How much is owed for rent and water rates?

The tenancy ended on 11 November 2024. The landlord provided rent records which prove the amount owing in rent arrears at the end of the tenancy was $2,502.86.

The Bond Centre has released the bond of $1,920.00 to the landlord. Applying the bond to the rent arrears, the total outstanding rent arrears are $582.86

I make an order accordingly.

The landlord provided water rates invoices which prove the amount owing in water rates at the end of the tenancy was $505.91.

I make an order accordingly.

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 all rubbish.

During the hearing, the landlord indicated they had photographs which were taken in the week after the tenancy which showed a large number of boxes and other loose material left in the premises. I directed those photographs were to be filed by 3pm the day of the hearing. Eight photographs were received by the time indicated.

The landlord has also provided an invoice from a cleaning professional for $270 for a full clean of the house and an invoice from the provider of a skip bin for $455.50. The landlord said the tenant returned to the property in the days after the end of the tenancy and loaded the rubbish into the skip bin.

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.

The landlord says damage was caused to the wooden floor. The landlord provided a photo of the alleged damaged taken on 22 November 2024.

However, at the time of the hearing, the landlord had not provided evidence of the condition the floor was in at the start of the tenancy. The landlord stated they had photos of the floor taken just prior to the tenancy commencing, and I allowed the landlord until 3pm the day of the hearing to file those photos by email to the registry.

As at 3:30pm on the day of the hearing, I have received photographs showing the rubbish left in the premises at the end of the tenancy, but no photos to show its condition of the floor prior to the tenancy. Without such evidence, I can not be satisfied the landlord has proven the damage was caused during the tenancy.

I therefore dismiss the claim for compensation for damage to the floor. Should the tenant reimburse the landlord’s filing fee?

As the landlord has succeeded with the claim the tenant must reimburse the filing fee.

Claims and awards in Tenancy Tribunal application 5058308 — net $1,841.27 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears (less bond) to 11/11/24	$582.86	Rent arrears (less bond) to 11/11/24
Water rates to 11/11/14	$505.91	Water rates to 11/11/14
Cleaning	$270.00	Cleaning
Rubbish removal	$455.50	Rubbish removal
Filing fee reimbursement	$27.00	Filing fee reimbursement
Net award	$1,841.27
Total payable by Tenant to Landlord	$1,841.27

Order

Jerram Kevin Puru must pay Eren Limited As Agent For Abdul & Victoria Hussein $1,841.27 immediately, calculated as shown in table below.

Reasons

The landlord’s agent attended the hearing. A call to the tenant’s last known mobile number went to voicemail.
Following the end of the tenancy, the landlord has applied for rent arrears, outgoings (water rates), compensation for cleaning, rubbish removal and repairs to the floor, and reimbursement of the filing fee.

How much is owed for rent and water rates?

The tenancy ended on 11 November 2024. The landlord provided rent records which prove the amount owing in rent arrears at the end of the tenancy was $2,502.86.
The Bond Centre has released the bond of $1,920.00 to the landlord. Applying the bond to the rent arrears, the total outstanding rent arrears are $582.86
I make an order accordingly.
The landlord provided water rates invoices which prove the amount owing in water rates at the end of the tenancy was $505.91.
I make an order accordingly.

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 all rubbish.
During the hearing, the landlord indicated they had photographs which were taken in the week after the tenancy which showed a large number of boxes and other loose material left in the premises. I directed those photographs were to be filed by 3pm the day of the hearing. Eight photographs were received by the time indicated.
The landlord has also provided an invoice from a cleaning professional for $270 for a full clean of the house and an invoice from the provider of a skip bin for $455.50. The landlord said the tenant returned to the property in the days after the end of the tenancy and loaded the rubbish into the skip bin.
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.
The landlord says damage was caused to the wooden floor. The landlord provided a photo of the alleged damaged taken on 22 November 2024.
However, at the time of the hearing, the landlord had not provided evidence of the condition the floor was in at the start of the tenancy. The landlord stated they had photos of the floor taken just prior to the tenancy commencing, and I allowed the landlord until 3pm the day of the hearing to file those photos by email to the registry.
As at 3:30pm on the day of the hearing, I have received photographs showing the rubbish left in the premises at the end of the tenancy, but no photos to show its condition of the floor prior to the tenancy. Without such evidence, I can not be satisfied the landlord has proven the damage was caused during the tenancy.
I therefore dismiss the claim for compensation for damage to the floor. Should the tenant reimburse the landlord’s filing fee?
As the landlord has succeeded with the claim the tenant must reimburse the filing fee.

Tenancy Tribunal case 5058308 — Rent arrears at 3 Tahuna Place, Onerahi, Whangarei 0110

At a glance

Tenancy Tribunal case 5058308 — Rent arrears at 3 Tahuna Place, Onerahi, Whangarei 0110

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