What was Tenancy Tribunal case 5061688 about?

The tribunal order states: [The party] and [The party] must pay Reforma P.M. Limited as agent

How much money was awarded in case 5061688?

Individual award amounts are in the official MoJ PDF. Claim amounts appear on this page when claims and net totals reconcile.

What type of tenancy dispute was case 5061688?

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

Where can I read the official tribunal order for case 5061688?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/11643546-Tenancy_Tribunal_Order.pdf.

What was Tenancy Tribunal case 5061688 about?

The tribunal order states: [The party] and [The party] must pay Reforma P.M. Limited as agent

How much money was awarded in case 5061688?

Individual award amounts are in the official MoJ PDF. Claim amounts appear on this page when claims and net totals reconcile.

What type of tenancy dispute was case 5061688?

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

Where can I read the official tribunal order for case 5061688?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/11643546-Tenancy_Tribunal_Order.pdf.

11 Allen Avenue, Papatoetoe, Auckland 2025 Tenancy Tribunal Case 5061688 — Rent arrears

Order

[The party] and [The party] must pay Reforma P.M. Limited as agent for Empire Holdings Limited $2,792.55 immediately, calculated as shown in table below.
The Bond Centre is to pay the bond of $2,440.00 (5559044-004) to Reforma P.M. Limited as agent for Empire Holdings Limited immediately. DescriptionLandlord Rent arrears $3,565.71 Water rates$438.34 Lock/key replacement$14.00 Carpet Cleaning$287.50 Replace carpets – insurance excess only$900.00 Filing fee reimbursement$27.00 Sub-total$5,232.55 Bond$2,440.00 Total amount tenants must pay the landlord$2,792.55

Reasons

Jessica Peters attended for the landlord.
Both tenants attended the hearing in person.
The landlord has applied for rent and water arrears, compensation, refund of the bond, and reimbursement of the filing fee following the end of the tenancy.

How much is owed for rent and water rates?

The tenancy was for a fixed term that ended on 15 October 2024.
Ms Peters provided rent records and water rates invoices which prove the amounts owing at the end of the tenancy for rent and water.

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 and return all keys. 1
The tenant did not return the garage keys and left the carpets with stains.
The Tribunal orders the tenants to reimburse the landlord for the cost of replacing the keys and cleaning the carpets.

Are the tenants liable for the damage to the carpets?

The landlord could not successfully remove all the stains from the carpets. They will have to replace the carpets in the lounge, dining room, and one of the bedrooms.
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. 2 1 Residential Tenancies Act 1986 (RTA), s 40(1)(e). 2 RTA, s 40(2)(a), 41, and 49B.
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). 3
I am satisfied that the carpets were badly stained during the tenancy. The damage is more than fair wear and tear. The tenants have not proven the damage was not caused carelessly.
The cost of replacing the carpets will be about $3,300.00. The carpets are about five years old. Carpets have an expected useful life of about eight years. Three- eighths of the replacement cost is $1,237.50. However, the landlord’s actual loss is $900.00 because the landlord’s insurer is going to pay for replacing the carpets less an excess of $900.00.
The Tribunal orders the tenants to reimburse the landlord for this lesser amount. Filing fee
The tenants must reimburse the landlord for the filing fee. Bond
The Tribunal directs the Bond Centre to release the bond to the landlord in part- payment of the tenants’ debt.

Order

[The party] and [The party] must pay Reforma P.M. Limited as agent for Empire Holdings Limited $2,792.55 immediately, calculated as shown in table below.
The Bond Centre is to pay the bond of $2,440.00 (5559044-004) to Reforma P.M. Limited as agent for Empire Holdings Limited immediately. DescriptionLandlord Rent arrears $3,565.71 Water rates$438.34 Lock/key replacement$14.00 Carpet Cleaning$287.50 Replace carpets – insurance excess only$900.00 Filing fee reimbursement$27.00 Sub-total$5,232.55 Bond$2,440.00 Total amount tenants must pay the landlord$2,792.55

Reasons

Jessica Peters attended for the landlord.
Both tenants attended the hearing in person.
The landlord has applied for rent and water arrears, compensation, refund of the bond, and reimbursement of the filing fee following the end of the tenancy.

How much is owed for rent and water rates?

The tenancy was for a fixed term that ended on 15 October 2024.
Ms Peters provided rent records and water rates invoices which prove the amounts owing at the end of the tenancy for rent and water.

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 and return all keys. 1
The tenant did not return the garage keys and left the carpets with stains.
The Tribunal orders the tenants to reimburse the landlord for the cost of replacing the keys and cleaning the carpets.

Are the tenants liable for the damage to the carpets?

The landlord could not successfully remove all the stains from the carpets. They will have to replace the carpets in the lounge, dining room, and one of the bedrooms.
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. 2 1 Residential Tenancies Act 1986 (RTA), s 40(1)(e). 2 RTA, s 40(2)(a), 41, and 49B.
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). 3
I am satisfied that the carpets were badly stained during the tenancy. The damage is more than fair wear and tear. The tenants have not proven the damage was not caused carelessly.
The cost of replacing the carpets will be about $3,300.00. The carpets are about five years old. Carpets have an expected useful life of about eight years. Three- eighths of the replacement cost is $1,237.50. However, the landlord’s actual loss is $900.00 because the landlord’s insurer is going to pay for replacing the carpets less an excess of $900.00.
The Tribunal orders the tenants to reimburse the landlord for this lesser amount. Filing fee
The tenants must reimburse the landlord for the filing fee. Bond
The Tribunal directs the Bond Centre to release the bond to the landlord in part- payment of the tenants’ debt.

Tenancy Tribunal case 5061688 — Rent arrears at 11 Allen Avenue, Papatoetoe, Auckland 2025

Tenancy Tribunal case 5061688 — Rent arrears at 11 Allen Avenue, Papatoetoe, Auckland 2025

Order

Reasons

How much is owed for rent and water rates?

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

Are the tenants liable for the damage to the carpets?

Property management

Reduce avoidable tribunal risk with proper tenant checks.

Order

Reasons

How much is owed for rent and water rates?

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

Are the tenants liable for the damage to the carpets?

Property management

Reduce avoidable tribunal risk with proper tenant checks.