What was the outcome of Tenancy Tribunal case 5072890?

The tribunal order states: Kopu Corrinna Teraitua must pay Reforma P.M. Limited - As Agent For Patricia

How much money was awarded in case 5072890?

Cleaning: $700.00 awarded to landlord; Filing Fee: $27.00 awarded to landlord; Rent Arrears: $5,000.00 awarded to landlord; Holes in walls and door/repainting a…: $1,131.44 awarded to landlord; Rubbish Removal: $569.25 awarded to landlord; Water Rates: $1,252.74 awarded to landlord

What type of tenancy dispute was case 5072890?

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

Where can I read the official tribunal order for case 5072890?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/11712074-Tenancy_Tribunal_Order.pdf.

What was the outcome of Tenancy Tribunal case 5072890?

The tribunal order states: Kopu Corrinna Teraitua must pay Reforma P.M. Limited - As Agent For Patricia

How much money was awarded in case 5072890?

Cleaning: $700.00 awarded to landlord; Filing Fee: $27.00 awarded to landlord; Rent Arrears: $5,000.00 awarded to landlord; Holes in walls and door/repainting a…: $1,131.44 awarded to landlord; Rubbish Removal: $569.25 awarded to landlord; Water Rates: $1,252.74 awarded to landlord

What type of tenancy dispute was case 5072890?

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

Where can I read the official tribunal order for case 5072890?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/11712074-Tenancy_Tribunal_Order.pdf.

Unit/Flat Flat 7, 26 Tennessee Avenue, Mangere East, Tenancy Tribunal Case 5072890 — Rent arrears

Reasons

Claims and awards in Tenancy Tribunal application 5072890 — net $6,440.43 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears	$5,000.00	Rent arrears
Filing fee reimbursement	$27.00	Filing fee reimbursement
Cleaning: part	$700.00	Cleaning: part
Rubbish removal: and lawns	$569.25	Rubbish removal: and lawns
Repairs: Holes in walls and door/repainting as required/replace chattels	$1,131.44	Repairs: Holes in walls and door/repainting as required/replace chattels
Water rates	$1,252.74	Water rates
Net award	$6,440.43
Total payable by Tenant to Landlord	$6,440.43

The landlord attended. There was no appearance by the tenant.

The landlord has applied for rent 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 ended on 24 September 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 must also replace standard light bulbs.

The tenant did not leave the premises reasonably clean and tidy, and did not remove all rubbish. The landlord provided ingoing and exit photos. These evidenced the need for much of the claims. Invoices established the cost and are accepted as tabled with the exception of the cleaning invoice for $1,408.75. There was no evidence to support any dog odour that would justify the tenant paying for the cost of a carpet clean as the carpet’s visible appearance was good (no dog was allowed per the tenancy agreement and no sign of a dog was seen in any photo). Equally, the need for sanitizing of the toilet and bathroom and full house deep clean were not supported by evidence. I accept areas, especially the kitchen, were missed and required a thorough cleaning.

Having reviewed each line item of the cleaning invoice against the evidence I have reduced the tenant liability component to $700.00 – just under 50%.

There was considerable rubbish left that was removed by the landlord. The lawns were overgrown. The invoice of $569.25 is considered reasonable and the need for the effort evidenced by a number of photos.

The shower curtain and toilet roll holder were missing at the end of the tenancy and replaced. The landlord had to replace six light bulbs.

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 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.

The following damage was caused during the tenancy: a. Hole in bedroom door (badly bogged attempt at repair) b. Drawings on hallway door – repainting required c. Side of bath wall broken d. Wall damage in the hall and garage

The damage is more than fair wear and tear, and the tenant has not disproved liability for the damage. Invoices support the cost of repair being $1,131.44 and photo evidence the need.

The amounts ordered are proved. Filing fee

Because Reforma P.M. Limited - As Agent For Patricia Margaret Gabb has wholly succeeded with the claim I must reimburse the filing fee.

Claims and awards in Tenancy Tribunal application 5072890 — net $6,440.43 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears	$5,000.00	Rent arrears
Filing fee reimbursement	$27.00	Filing fee reimbursement
Cleaning: part	$700.00	Cleaning: part
Rubbish removal: and lawns	$569.25	Rubbish removal: and lawns
Repairs: Holes in walls and door/repainting as required/replace chattels	$1,131.44	Repairs: Holes in walls and door/repainting as required/replace chattels
Water rates	$1,252.74	Water rates
Net award	$6,440.43
Total payable by Tenant to Landlord	$6,440.43

Order

Kopu Corrinna Teraitua must pay Reforma P.M. Limited - As Agent For Patricia Margaret Gabb $6,440.43 immediately, calculated as shown in table below.
The Bond Centre is to pay the bond of $2,240.00 (3525347-007) to Reforma P.M. Limited - As Agent For Patricia Margaret Gabb immediately.

Reasons

The landlord attended. There was no appearance by the tenant.
The landlord has applied for rent 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 ended on 24 September 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 must also replace standard light bulbs.
The tenant did not leave the premises reasonably clean and tidy, and did not remove all rubbish. The landlord provided ingoing and exit photos. These evidenced the need for much of the claims. Invoices established the cost and are accepted as tabled with the exception of the cleaning invoice for $1,408.75. There was no evidence to support any dog odour that would justify the tenant paying for the cost of a carpet clean as the carpet’s visible appearance was good (no dog was allowed per the tenancy agreement and no sign of a dog was seen in any photo). Equally, the need for sanitizing of the toilet and bathroom and full house deep clean were not supported by evidence. I accept areas, especially the kitchen, were missed and required a thorough cleaning.
Having reviewed each line item of the cleaning invoice against the evidence I have reduced the tenant liability component to $700.00 – just under 50%.
There was considerable rubbish left that was removed by the landlord. The lawns were overgrown. The invoice of $569.25 is considered reasonable and the need for the effort evidenced by a number of photos.
The shower curtain and toilet roll holder were missing at the end of the tenancy and replaced. The landlord had to replace six light bulbs.
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 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.
The following damage was caused during the tenancy: a. Hole in bedroom door (badly bogged attempt at repair) b. Drawings on hallway door – repainting required c. Side of bath wall broken d. Wall damage in the hall and garage
The damage is more than fair wear and tear, and the tenant has not disproved liability for the damage. Invoices support the cost of repair being $1,131.44 and photo evidence the need.
The amounts ordered are proved. Filing fee
Because Reforma P.M. Limited - As Agent For Patricia Margaret Gabb has wholly succeeded with the claim I must reimburse the filing fee.

Tenancy Tribunal case 5072890 — Rent arrears at Unit/Flat Flat 7, 26 Tennessee Avenue, Mangere East,

At a glance

Tenancy Tribunal case 5072890 — Rent arrears at Unit/Flat Flat 7, 26 Tennessee Avenue, Mangere East,

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