How much money was awarded in case 5075608?

Cleaning: $805.00 awarded to landlord; Cleaning: $172.50 awarded to landlord; Cleaning: $57.50 awarded to landlord; Filing Fee: $27.00 awarded to landlord; Lawns and Garden Work: $69.00 awarded to landlord; Property Damage: $13.50 awarded to landlord; Property Damage: $220.00 awarded to landlord; Rent Arrears: $2,520.00 awarded to landlord; Carpet: $460.00 awarded to landlord; Door And Baseboard: $172.50 awarded to landlord; Property Damage: $1,000.00 awarded to landlord; Granny Ceiling: $172.50 awarded to landlord; Property Damage: $287.50 awarded to landlord; Rubbish Removal: $345.00 awarded to landlord; Water Rates: $248.25 awarded to landlord

What type of tenancy dispute was case 5075608?

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

Where can I read the official tribunal order for case 5075608?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/11244248-Tribunal_Order_Redacted.pdf.

How much money was awarded in case 5075608?

Cleaning: $805.00 awarded to landlord; Cleaning: $172.50 awarded to landlord; Cleaning: $57.50 awarded to landlord; Filing Fee: $27.00 awarded to landlord; Lawns and Garden Work: $69.00 awarded to landlord; Property Damage: $13.50 awarded to landlord; Property Damage: $220.00 awarded to landlord; Rent Arrears: $2,520.00 awarded to landlord; Carpet: $460.00 awarded to landlord; Door And Baseboard: $172.50 awarded to landlord; Property Damage: $1,000.00 awarded to landlord; Granny Ceiling: $172.50 awarded to landlord; Property Damage: $287.50 awarded to landlord; Rubbish Removal: $345.00 awarded to landlord; Water Rates: $248.25 awarded to landlord

What type of tenancy dispute was case 5075608?

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

Where can I read the official tribunal order for case 5075608?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/11244248-Tribunal_Order_Redacted.pdf.

67 Rosewell Crescent, Flat Bush, Auckland 2019 Tenancy Tribunal Case 5075608 — Rent arrears

Q: What was Tenancy Tribunal case 5075608 about?

The tribunal order states: An application for suppression has been made in this case, and the Tribunal

Claims and awards in Tenancy Tribunal application 5075608 — net $1,810.25 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears to 29/11/2024	$2,520.00	4. I order the tenant to pay the landlord rent arrears of $2,520.00 and water rates arrears of $248.25.
Water rates to 29/11/2024	$248.25	Water rates to 29/11/2024
Rubbish removal	$345.00	Rubbish removal
Carpet Cleaning	$805.00	Carpet Cleaning
Cleaning: 2 x rangehood	$172.50	Cleaning: 2 x rangehood
Lawns and Garden work	$69.00	Lawns and Garden work
Repairs: touch up wall mark and damage	$287.50	Repairs: touch up wall mark and damage
Repairs: carpet	$460.00	Repairs: carpet
Lock/key replacement: 2 x remotes	$220.00	Lock/key replacement: 2 x remotes
Repairs: garage (insurance excess	$1,000.00	Repairs: garage (insurance excess
Lock/key replacement: 1 x coping keey	$13.50	Lock/key replacement: 1 x coping keey
Cleaning: granny bathroom	$57.50	Cleaning: granny bathroom
Repairs: door and baseboard	$172.50	Repairs: door and baseboard
Repairs: granny ceiling	$172.50	Repairs: granny ceiling
Filing fee reimbursement	$27.00	Filing fee reimbursement
Net award	$1,810.25
Total payable by Tenant to Landlord	$1,810.25

Claims and awards in Tenancy Tribunal application 5075608 — net $1,810.25 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.

Claim

Landlord

Tenant

Reason

Rent arrears to 29/11/2024

$2,520.00

4. I order the tenant to pay the landlord rent arrears of $2,520.00 and water rates arrears of $248.25.

Water rates to 29/11/2024

$248.25

Water rates to 29/11/2024

Rubbish removal

$345.00

Rubbish removal

Carpet Cleaning

$805.00

Carpet Cleaning

Cleaning: 2 x rangehood

$172.50

Cleaning: 2 x rangehood

Lawns and Garden work

$69.00

Lawns and Garden work

Repairs: touch up wall mark and damage

$287.50

Repairs: touch up wall mark and damage

Repairs: carpet

$460.00

Repairs: carpet

Lock/key replacement: 2 x remotes

$220.00

Lock/key replacement: 2 x remotes

Repairs: garage (insurance excess

$1,000.00

Repairs: garage (insurance excess

Lock/key replacement: 1 x coping keey

$13.50

Lock/key replacement: 1 x coping keey

Cleaning: granny bathroom

$57.50

Cleaning: granny bathroom

Repairs: door and baseboard

$172.50

Repairs: door and baseboard

Repairs: granny ceiling

$172.50

Repairs: granny ceiling

Filing fee reimbursement

$27.00

Filing fee reimbursement

Net award

$1,810.25

Total payable by Tenant to Landlord

$1,810.25

Order

An application for suppression has been made in this case, and the Tribunal orders suppression of the landlord’s name and identifying details.

Ha thu thi Nguyen must pay [The landlord/s] $1,810.25 immediately, calculated as shown in table below.

The Bond Centre is to pay the bond of $4,760.00 ([Bond number suppressed]) to [The landlord/s] immediately.

Reasons

The landlord attended the hearing via teleconference. The tenant did not.

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 29 th November 2024. The landlord provided rent records and water rates invoices which prove the amount owing at the end of the tenancy.

I order the tenant to pay the landlord rent arrears of $2,520.00 and water rates arrears of $248.25.

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 (“RTA”).

The tenant did not leave the premises reasonably clean and tidy, and did not remove all rubbish.

The tenant did not return the keys.

The amounts ordered above 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 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. 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. 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.

The landlord produced an email where the tenant accepted liability for all items ordered above. Accordingly, I order the amounts to be paid as above. Filing fee reimbursement

Because [The applicant/s] has wholly succeeded with the claim, the tenant must reimburse the filing fee.

Claims and awards in Tenancy Tribunal application 5075608 — net $1,810.25 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears to 29/11/2024	$2,520.00	4. I order the tenant to pay the landlord rent arrears of $2,520.00 and water rates arrears of $248.25.
Water rates to 29/11/2024	$248.25	Water rates to 29/11/2024
Rubbish removal	$345.00	Rubbish removal
Carpet Cleaning	$805.00	Carpet Cleaning
Cleaning: 2 x rangehood	$172.50	Cleaning: 2 x rangehood
Lawns and Garden work	$69.00	Lawns and Garden work
Repairs: touch up wall mark and damage	$287.50	Repairs: touch up wall mark and damage
Repairs: carpet	$460.00	Repairs: carpet
Lock/key replacement: 2 x remotes	$220.00	Lock/key replacement: 2 x remotes
Repairs: garage (insurance excess	$1,000.00	Repairs: garage (insurance excess
Lock/key replacement: 1 x coping keey	$13.50	Lock/key replacement: 1 x coping keey
Cleaning: granny bathroom	$57.50	Cleaning: granny bathroom
Repairs: door and baseboard	$172.50	Repairs: door and baseboard
Repairs: granny ceiling	$172.50	Repairs: granny ceiling
Filing fee reimbursement	$27.00	Filing fee reimbursement
Net award	$1,810.25
Total payable by Tenant to Landlord	$1,810.25

Claims and awards in Tenancy Tribunal application 5075608 — net $1,810.25 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.

Claim

Landlord

Tenant

Reason

Rent arrears to 29/11/2024

$2,520.00

4. I order the tenant to pay the landlord rent arrears of $2,520.00 and water rates arrears of $248.25.

Water rates to 29/11/2024

$248.25

Water rates to 29/11/2024

Rubbish removal

$345.00

Rubbish removal

Carpet Cleaning

$805.00

Carpet Cleaning

Cleaning: 2 x rangehood

$172.50

Cleaning: 2 x rangehood

Lawns and Garden work

$69.00

Lawns and Garden work

Repairs: touch up wall mark and damage

$287.50

Repairs: touch up wall mark and damage

Repairs: carpet

$460.00

Repairs: carpet

Lock/key replacement: 2 x remotes

$220.00

Lock/key replacement: 2 x remotes

Repairs: garage (insurance excess

$1,000.00

Repairs: garage (insurance excess

Lock/key replacement: 1 x coping keey

$13.50

Lock/key replacement: 1 x coping keey

Cleaning: granny bathroom

$57.50

Cleaning: granny bathroom

Repairs: door and baseboard

$172.50

Repairs: door and baseboard

Repairs: granny ceiling

$172.50

Repairs: granny ceiling

Filing fee reimbursement

$27.00

Filing fee reimbursement

Net award

$1,810.25

Total payable by Tenant to Landlord

$1,810.25

Order

An application for suppression has been made in this case, and the Tribunal orders suppression of the landlord’s name and identifying details.
Ha thu thi Nguyen must pay [The landlord/s] $1,810.25 immediately, calculated as shown in table below.
The Bond Centre is to pay the bond of $4,760.00 ([Bond number suppressed]) to [The landlord/s] immediately.

Reasons

The landlord attended the hearing via teleconference. The tenant did not.
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 29 th November 2024. The landlord provided rent records and water rates invoices which prove the amount owing at the end of the tenancy.
I order the tenant to pay the landlord rent arrears of $2,520.00 and water rates arrears of $248.25.

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 (“RTA”).
The tenant did not leave the premises reasonably clean and tidy, and did not remove all rubbish.
The tenant did not return the keys.
The amounts ordered above 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 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. 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. 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.
The landlord produced an email where the tenant accepted liability for all items ordered above. Accordingly, I order the amounts to be paid as above. Filing fee reimbursement
Because [The applicant/s] has wholly succeeded with the claim, the tenant must reimburse the filing fee.

Tenancy Tribunal case 5075608 — Rent arrears at 67 Rosewell Crescent, Flat Bush, Auckland 2019

At a glance

Tenancy Tribunal case 5075608 — Rent arrears at 67 Rosewell Crescent, Flat Bush, Auckland 2019

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

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

Frequently asked questions