What was the outcome of Tenancy Tribunal case 5102048?

The tribunal order states: Imogen Faith Hernandez must pay Team Group Rentals Limited T/A Harcourts

How much money was awarded in case 5102048?

Rubbish Removal: $635.00 awarded to landlord; Cleaning: $620.00 awarded to landlord; Property Damage: $134.00 awarded to landlord; Rent Arrears: $2,975.00 awarded to landlord; Lightbulbs: $200.00 awarded to landlord; Water Rates: $80.73 awarded to landlord

What type of tenancy dispute was case 5102048?

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

Where can I read the official tribunal order for case 5102048?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/11367794-Tenancy_Tribunal_Order.pdf.

What was the outcome of Tenancy Tribunal case 5102048?

The tribunal order states: Imogen Faith Hernandez must pay Team Group Rentals Limited T/A Harcourts

How much money was awarded in case 5102048?

Rubbish Removal: $635.00 awarded to landlord; Cleaning: $620.00 awarded to landlord; Property Damage: $134.00 awarded to landlord; Rent Arrears: $2,975.00 awarded to landlord; Lightbulbs: $200.00 awarded to landlord; Water Rates: $80.73 awarded to landlord

What type of tenancy dispute was case 5102048?

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

Where can I read the official tribunal order for case 5102048?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/11367794-Tenancy_Tribunal_Order.pdf.

35 Weggery Drive, Waikanae Beach, Waikanae 5036 Tenancy Tribunal Case 5102048 — Rent arrears

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35 Weggery Drive, Waikanae Beach, Waikanae 5036 Tenancy Tribunal Case 5102048 — Rent arrears | 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 5102048 — net $4,644.73 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears to 17/10/24	$2,975.00	Rent arrears to 17/10/24
Cleaning: & rubbish removal	$635.00	Cleaning: & rubbish removal
Lock/key replacement	$134.00	Lock/key replacement
Cleaning: carpets & curtains (main bedroom	$620.00	Cleaning: carpets & curtains (main bedroom
Water rates	$80.73	Water rates
Repairs: to walls & replacement lightbulbs	$200.00	Repairs: to walls & replacement lightbulbs
Net award	$4,644.73
Total payable by Tenant to Landlord	$4,644.73

Claims and awards for application 5102048 — net $4,644.73 NZD. Verify on MoJ.

Rent arrears to 17/10/24

Amount: $2,975.00
Awarded to: Landlord
Reason: Rent arrears to 17/10/24

Cleaning: & rubbish removal

Amount: $635.00
Awarded to: Landlord
Reason: Cleaning: & rubbish removal

Lock/key replacement

Amount: $134.00
Awarded to: Landlord
Reason: Lock/key replacement

Cleaning: carpets & curtains (main bedroom

Amount: $620.00
Awarded to: Landlord
Reason: Cleaning: carpets & curtains (main bedroom

Water rates

Amount: $80.73
Awarded to: Landlord
Reason: Water rates

Claim types — money lines allowed on this order

Rubbish Removal Cleanliness Property damage Rent arrears Water Rates

Order

Imogen Faith Hernandez must pay Team Group Rentals Limited T/A Harcourts As Agent For Rhys & Michelle Taylor $4,644.73 immediately, calculated as shown in table below.

Reasons

The landlord attended the hearing represented by Ms Laurie.
There was no appearance for Ms Hernandez despite this hearing being convened as a rehearing after her application for it to be so. Ms Hernandez had been notified of the hearing by email and text and had not applied to attend remotely nor had she applied for an adjournment. The notice of hearing provided to her clearly sets out that any request to attend an in-person hearing remotely must be made prior to a hearing and approved by the Adjudicator. Ms Hernandez made no such application. Accordingly, pursuant to section 92 of the Residential Tenancies Act 1986 (RTA) the hearing continued in her absence.
The landlord has applied for rent arrears, compensation and reimbursement of the filing fee following the end of the tenancy. The bond had already been transferred to the landlord as a result of the previous decision. The bond amount has been deduced from the rent arrears claimed.

How much is owed for rent and water rates?

The tenancy ended on 17 October 2024 by Tribunal decision. 1 The landlord provided rent records and water rates invoices which prove the amounts owing at the end of the tenancy.

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) RTA.
The landlord has established in evidence that Ms Hernandez did not leave the premises reasonably clean and tidy, did not remove all rubbish, did not return the keys and did not replace the lightbulbs. In fact, she abandoned the premise. Photos of the ingoing and exit inspection were provided, along with invoices to substantiate the claims.
The amounts ordered have been proven in evidence as tenant liability and considered reasonable in the circumstances.

Is the tenant responsible for the damage to the premises?

The landlord claims compensation for repairing some damage to the wall where the curtain rail had been pulled out of the wall, damage to curtains and reinstating other curtains that had been pulled off their hooks.
To be successful in such a claim, 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 1 [2024] NZTT 5027010, 4994949 the actions of people at the premises with their permission. See sections 40(2)(a), 41 and 49B RTA.
The hole in the wall has most likely occurred as a result of the tenant having furniture on the curtains which has pulled the rail from the wall. This was established in photographic and oral evidence. This is careless damage and as a result Ms Hernandez is liable for this cost.
The curtains were replaced because they were mouldy. However, current depreciation guidelines estimate the expected lifespan of curtains in a New Zealand residential tenancy to be 8 years. These curtains had exceeded that timeframe and accordingly I consider this damage to be fair wear and tear. As such, Ms Hernandez is not liable for the curtain replacement cost.
I find Ms Hernandez liable for the curtains in bedroom three that had been pulled off their hooks and had to be rehung. This is more likely than not to have occurred with rough/careless use.
Accordingly, the amounts ordered are proven in evidence.
As the landlord was successful in their claims, I must award reimbursement of the 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 5102048 — net $4,644.73 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears to 17/10/24	$2,975.00	Rent arrears to 17/10/24
Cleaning: & rubbish removal	$635.00	Cleaning: & rubbish removal
Lock/key replacement	$134.00	Lock/key replacement
Cleaning: carpets & curtains (main bedroom	$620.00	Cleaning: carpets & curtains (main bedroom
Water rates	$80.73	Water rates
Repairs: to walls & replacement lightbulbs	$200.00	Repairs: to walls & replacement lightbulbs
Net award	$4,644.73
Total payable by Tenant to Landlord	$4,644.73

Claims and awards for application 5102048 — net $4,644.73 NZD. Verify on MoJ.

Rent arrears to 17/10/24

Amount: $2,975.00
Awarded to: Landlord
Reason: Rent arrears to 17/10/24

Cleaning: & rubbish removal

Amount: $635.00
Awarded to: Landlord
Reason: Cleaning: & rubbish removal

Lock/key replacement

Amount: $134.00
Awarded to: Landlord
Reason: Lock/key replacement

Cleaning: carpets & curtains (main bedroom

Amount: $620.00
Awarded to: Landlord
Reason: Cleaning: carpets & curtains (main bedroom

Water rates

Amount: $80.73
Awarded to: Landlord
Reason: Water rates

Claim types — money lines allowed on this order

Rubbish Removal Cleanliness Property damage Rent arrears Water Rates

Order

Imogen Faith Hernandez must pay Team Group Rentals Limited T/A Harcourts As Agent For Rhys & Michelle Taylor $4,644.73 immediately, calculated as shown in table below.

Reasons

The landlord attended the hearing represented by Ms Laurie.
There was no appearance for Ms Hernandez despite this hearing being convened as a rehearing after her application for it to be so. Ms Hernandez had been notified of the hearing by email and text and had not applied to attend remotely nor had she applied for an adjournment. The notice of hearing provided to her clearly sets out that any request to attend an in-person hearing remotely must be made prior to a hearing and approved by the Adjudicator. Ms Hernandez made no such application. Accordingly, pursuant to section 92 of the Residential Tenancies Act 1986 (RTA) the hearing continued in her absence.
The landlord has applied for rent arrears, compensation and reimbursement of the filing fee following the end of the tenancy. The bond had already been transferred to the landlord as a result of the previous decision. The bond amount has been deduced from the rent arrears claimed.

How much is owed for rent and water rates?

The tenancy ended on 17 October 2024 by Tribunal decision. 1 The landlord provided rent records and water rates invoices which prove the amounts owing at the end of the tenancy.

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) RTA.
The landlord has established in evidence that Ms Hernandez did not leave the premises reasonably clean and tidy, did not remove all rubbish, did not return the keys and did not replace the lightbulbs. In fact, she abandoned the premise. Photos of the ingoing and exit inspection were provided, along with invoices to substantiate the claims.
The amounts ordered have been proven in evidence as tenant liability and considered reasonable in the circumstances.

Is the tenant responsible for the damage to the premises?

The landlord claims compensation for repairing some damage to the wall where the curtain rail had been pulled out of the wall, damage to curtains and reinstating other curtains that had been pulled off their hooks.
To be successful in such a claim, 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 1 [2024] NZTT 5027010, 4994949 the actions of people at the premises with their permission. See sections 40(2)(a), 41 and 49B RTA.
The hole in the wall has most likely occurred as a result of the tenant having furniture on the curtains which has pulled the rail from the wall. This was established in photographic and oral evidence. This is careless damage and as a result Ms Hernandez is liable for this cost.
The curtains were replaced because they were mouldy. However, current depreciation guidelines estimate the expected lifespan of curtains in a New Zealand residential tenancy to be 8 years. These curtains had exceeded that timeframe and accordingly I consider this damage to be fair wear and tear. As such, Ms Hernandez is not liable for the curtain replacement cost.
I find Ms Hernandez liable for the curtains in bedroom three that had been pulled off their hooks and had to be rehung. This is more likely than not to have occurred with rough/careless use.
Accordingly, the amounts ordered are proven in evidence.
As the landlord was successful in their claims, I must award reimbursement of the filing fee.

Tenancy Tribunal case 5102048 — Rent arrears at 35 Weggery Drive, Waikanae Beach, Waikanae 5036

At a glance

Tenancy Tribunal case 5102048 — Rent arrears at 35 Weggery Drive, Waikanae Beach, Waikanae 5036

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