What was the outcome of Tenancy Tribunal case 5082653?

The tribunal order states: Mahupuku Ake-Tawhiti must pay Te Toi Mahana $5,887.66 immediately,

How much money was awarded in case 5082653?

Filing Fee: $27.00 awarded to landlord; Rent Arrears: $660.00 awarded to landlord; Cleaning: $5,200.66 awarded to landlord

What type of tenancy dispute was case 5082653?

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

Where can I read the official tribunal order for case 5082653?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/11215741-Tenancy_Tribunal_Order - AP.pdf.

What was the outcome of Tenancy Tribunal case 5082653?

The tribunal order states: Mahupuku Ake-Tawhiti must pay Te Toi Mahana $5,887.66 immediately,

How much money was awarded in case 5082653?

Filing Fee: $27.00 awarded to landlord; Rent Arrears: $660.00 awarded to landlord; Cleaning: $5,200.66 awarded to landlord

What type of tenancy dispute was case 5082653?

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

Where can I read the official tribunal order for case 5082653?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/11215741-Tenancy_Tribunal_Order - AP.pdf.

Unit/Flat 82, 7 Duncan Terrace, Wellington 6022 Tenancy Tribunal Case 5082653 — Cleanliness

Tenantcheck Insights

Loading insights…

Pulling tribunal records

Loading insights…

Pulling tribunal records

Unit/Flat 82, 7 Duncan Terrace, Wellington 6022 Tenancy Tribunal Case 5082653 — Cleanliness | 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 5082653 — net $5,887.66 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears to 29 July 2024	$660.00	Rent arrears to 29 July 2024
Repairs: including window repairs and carpet cleaning	$5,200.66	Repairs: including window repairs and carpet cleaning
Filing fee reimbursement	$27.00	Filing fee reimbursement
Net award	$5,887.66
Total payable by Tenant to Landlord	$5,887.66

Claims and awards for application 5082653 — net $5,887.66 NZD. Verify on MoJ.

Rent arrears to 29 July 2024

Amount: $660.00
Awarded to: Landlord
Reason: Rent arrears to 29 July 2024

Repairs: including window repairs and carpet cleaning

Amount: $5,200.66
Awarded to: Landlord
Reason: Repairs: including window repairs and carpet cleaning

Filing fee reimbursement

Amount: $27.00
Awarded to: Landlord
Reason: Filing fee reimbursement

Net award

Landlord $5,887.66

Total payable by Tenant to Landlord

Landlord $5,887.66

Claim types — money lines allowed on this order

Filing Fee Rent arrears Carpet Cleaning

Order

Mahupuku Ake-Tawhiti must pay Te Toi Mahana $5,887.66 immediately, calculated as shown in table below:

Reasons

Mr Garvey represented the landlord. The tenant is currently incarcerated and did not attend the hearing.
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?

The tenancy ended on 29 July 2024. The landlord provided rent records which prove the amount of rent owing at the end of the tenancy.
My search of the bond details does not show a bond currently held for this tenancy at the Bond Centre. I cannot make a bond order without a bond number.
If the landlord can obtain bond details, I will issue a further order for the bond upon request.

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 is required to replace worn out smoke alarm batteries during the tenancy. See section 40(1)(ca) RTA. The tenant must also replace standard light bulbs.
The tenant did not leave the carpet in one room reasonably clean. It had to be shampooed. A smoke detector was missing.

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.
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 following damage was caused during the tenancy: there were holes in the walls and ceilings, and damage to the kitchen cabinetry, wardrobe doors and to the wardrobe shelf and rail. Safety windows were broken and had to be replaced which required special safety precautions and considerable time. Walls had to be plastered and painted.
The damage is more than fair wear and tear, and the tenant has not disproved liability for the damage.
The amounts ordered are proved by an invoice, scope report, and photos. The repairs have all been completed.
As the application is successful, the tenant must pay the landlord’s Tribunal 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 5082653 — net $5,887.66 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears to 29 July 2024	$660.00	Rent arrears to 29 July 2024
Repairs: including window repairs and carpet cleaning	$5,200.66	Repairs: including window repairs and carpet cleaning
Filing fee reimbursement	$27.00	Filing fee reimbursement
Net award	$5,887.66
Total payable by Tenant to Landlord	$5,887.66

Claims and awards for application 5082653 — net $5,887.66 NZD. Verify on MoJ.

Rent arrears to 29 July 2024

Amount: $660.00
Awarded to: Landlord
Reason: Rent arrears to 29 July 2024

Repairs: including window repairs and carpet cleaning

Amount: $5,200.66
Awarded to: Landlord
Reason: Repairs: including window repairs and carpet cleaning

Filing fee reimbursement

Amount: $27.00
Awarded to: Landlord
Reason: Filing fee reimbursement

Net award

Landlord $5,887.66

Total payable by Tenant to Landlord

Landlord $5,887.66

Claim types — money lines allowed on this order

Filing Fee Rent arrears Carpet Cleaning

Order

Mahupuku Ake-Tawhiti must pay Te Toi Mahana $5,887.66 immediately, calculated as shown in table below:

Reasons

Mr Garvey represented the landlord. The tenant is currently incarcerated and did not attend the hearing.
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?

The tenancy ended on 29 July 2024. The landlord provided rent records which prove the amount of rent owing at the end of the tenancy.
My search of the bond details does not show a bond currently held for this tenancy at the Bond Centre. I cannot make a bond order without a bond number.
If the landlord can obtain bond details, I will issue a further order for the bond upon request.

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 is required to replace worn out smoke alarm batteries during the tenancy. See section 40(1)(ca) RTA. The tenant must also replace standard light bulbs.
The tenant did not leave the carpet in one room reasonably clean. It had to be shampooed. A smoke detector was missing.

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.
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 following damage was caused during the tenancy: there were holes in the walls and ceilings, and damage to the kitchen cabinetry, wardrobe doors and to the wardrobe shelf and rail. Safety windows were broken and had to be replaced which required special safety precautions and considerable time. Walls had to be plastered and painted.
The damage is more than fair wear and tear, and the tenant has not disproved liability for the damage.
The amounts ordered are proved by an invoice, scope report, and photos. The repairs have all been completed.
As the application is successful, the tenant must pay the landlord’s Tribunal filing fee.

Tenancy Tribunal case 5082653 — Cleanliness at Unit/Flat 82, 7 Duncan Terrace, Wellington 6022

At a glance

Tenancy Tribunal case 5082653 — Cleanliness at Unit/Flat 82, 7 Duncan Terrace, Wellington 6022

At a glance

Award balance

Claims & awards

Order

Reasons

How much is owed for rent?

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?

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