What was the outcome of Tenancy Tribunal case 5105168?

The tribunal order states: Simone Nancy Higgens must pay Inspire Real Estate Limited As Agent For

How much money was awarded in case 5105168?

Cleaning: $550.00 awarded to landlord; Filing Fee: $27.00 awarded to landlord; Rent Arrears: $2,055.72 awarded to landlord; Broken Power Point: $150.28 awarded to landlord

What type of tenancy dispute was case 5105168?

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

Where can I read the official tribunal order for case 5105168?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/11559483-Tenancy_Tribunal_Order.pdf.

What was the outcome of Tenancy Tribunal case 5105168?

The tribunal order states: Simone Nancy Higgens must pay Inspire Real Estate Limited As Agent For

How much money was awarded in case 5105168?

Cleaning: $550.00 awarded to landlord; Filing Fee: $27.00 awarded to landlord; Rent Arrears: $2,055.72 awarded to landlord; Broken Power Point: $150.28 awarded to landlord

What type of tenancy dispute was case 5105168?

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

Where can I read the official tribunal order for case 5105168?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/11559483-Tenancy_Tribunal_Order.pdf.

64D Fairview Road, Western Heights, Rotorua 3015 Tenancy Tribunal Case 5105168 — Rent arrears

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64D Fairview Road, Western Heights, Rotorua 3015 Tenancy Tribunal Case 5105168 — 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 5105168 — net $503.00 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears to 6.11.24	$2,055.72	The claim for rent arrears is proven. Did the tenant comply with their obligations at the end of the tenancy?
Cleaning	$550.00	Cleaning
Repairs: Broken power point	$150.28	Repairs: Broken power point
Filing fee reimbursement	$27.00	Filing fee reimbursement
Net award	$503.00
Total payable by Tenant to Landlord	$503.00

Claims and awards for application 5105168 — net $503.00 NZD. Verify on MoJ.

Rent arrears to 6.11.24

Amount: $2,055.72
Awarded to: Landlord
Reason: The claim for rent arrears is proven. Did the tenant comply with their obligations at the end of the tenancy?

Cleaning

Amount: $550.00
Awarded to: Landlord
Reason: Cleaning

Repairs: Broken power point

Amount: $150.28
Awarded to: Landlord
Reason: Repairs: Broken power point

Filing fee reimbursement

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

Net award

Landlord $503.00

Total payable by Tenant to Landlord

Landlord $503.00

Claim types — money lines allowed on this order

Cleanliness Filing Fee Rent arrears Property damage

Order

Simone Nancy Higgens must pay Inspire Real Estate Limited As Agent For Rajasangary Thangavadivel $503.00 immediately, calculated as shown in table below.
The Bond Centre is to pay the bond of $2,280.00 (6019214-004) to Inspire Real Estate Limited As Agent For Rajasangary Thangavadivel immediately.
The late claim in respect of rubbish removal is dismissed.

Reasons

The landlord attended the hearing via remote teleconference. An attempt to contact the tenant on the telephone number provided was unsuccessful. The hearing continued in the absence of 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?

The tenancy ended on 6 November 2024. The landlord provided rent records which prove the amount owing at the end of the tenancy. Having sighted this evidence I am satisfied that the tenant is responsible for this debt.
The claim for rent arrears is proven.

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 is required to replace worn out smoke alarm batteries during the tenancy. See section 40(1)(ca) Residential Tenancies Act 1986. The tenant must also replace standard light bulbs. Cleaning
The landlord claims that the tenant did not leave the premises reasonably clean and tidy. Photographic evidence was provided confirming the state of the premises at the start and conclusion of the tenancy.
Having sighted this evidence I am satisfied that the tenant failed to leave the premises in a reasonably clean and tidy condition. The landlord provided an itemised cleaning invoice dated 22 December 2024. The amount claimed is reasonable based on the evidence provided.
The claim for cleaning is allowed. Rubbish removal
The landlord claims for rubbish removal. This claim was not included in their original application filed on 11 December 2024. I was provided with an undated handwritten invoice for rubbish removal just prior to the hearing. The claim is for a significant amount of money and needed to have been included in the landlord’s application. A tenant also has the right to know what claims are made against them well prior to the hearing date.
Accordingly, the claim for rubbish removal must be dismissed.

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 occurs after 27 August 2019, section 49B RTA applies. If the landlord becomes aware of the damage after 27 August, the damage is presumed to have occurred after that date unless the tenant proves otherwise.
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). 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 (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.
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. Power point damage
The landlord claims that the tenant damaged a double power point during the tenancy. I have sighted photographic evidence of the power point along with an itemised invoice from Bewley Electrical dated 20 December 2024. The damage is more than fair wear and tear, and the tenant has not disproved liability for the damage.
The claim is allowed.
Because Inspire Real Estate Limited As Agent For Rajasangary Thangavadivel has substantially succeeded with the claim I have reimbursed 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 5105168 — net $503.00 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears to 6.11.24	$2,055.72	The claim for rent arrears is proven. Did the tenant comply with their obligations at the end of the tenancy?
Cleaning	$550.00	Cleaning
Repairs: Broken power point	$150.28	Repairs: Broken power point
Filing fee reimbursement	$27.00	Filing fee reimbursement
Net award	$503.00
Total payable by Tenant to Landlord	$503.00

Claims and awards for application 5105168 — net $503.00 NZD. Verify on MoJ.

Rent arrears to 6.11.24

Amount: $2,055.72
Awarded to: Landlord
Reason: The claim for rent arrears is proven. Did the tenant comply with their obligations at the end of the tenancy?

Cleaning

Amount: $550.00
Awarded to: Landlord
Reason: Cleaning

Repairs: Broken power point

Amount: $150.28
Awarded to: Landlord
Reason: Repairs: Broken power point

Filing fee reimbursement

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

Net award

Landlord $503.00

Total payable by Tenant to Landlord

Landlord $503.00

Claim types — money lines allowed on this order

Cleanliness Filing Fee Rent arrears Property damage

Order

Simone Nancy Higgens must pay Inspire Real Estate Limited As Agent For Rajasangary Thangavadivel $503.00 immediately, calculated as shown in table below.
The Bond Centre is to pay the bond of $2,280.00 (6019214-004) to Inspire Real Estate Limited As Agent For Rajasangary Thangavadivel immediately.
The late claim in respect of rubbish removal is dismissed.

Reasons

The landlord attended the hearing via remote teleconference. An attempt to contact the tenant on the telephone number provided was unsuccessful. The hearing continued in the absence of 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?

The tenancy ended on 6 November 2024. The landlord provided rent records which prove the amount owing at the end of the tenancy. Having sighted this evidence I am satisfied that the tenant is responsible for this debt.
The claim for rent arrears is proven.

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 is required to replace worn out smoke alarm batteries during the tenancy. See section 40(1)(ca) Residential Tenancies Act 1986. The tenant must also replace standard light bulbs. Cleaning
The landlord claims that the tenant did not leave the premises reasonably clean and tidy. Photographic evidence was provided confirming the state of the premises at the start and conclusion of the tenancy.
Having sighted this evidence I am satisfied that the tenant failed to leave the premises in a reasonably clean and tidy condition. The landlord provided an itemised cleaning invoice dated 22 December 2024. The amount claimed is reasonable based on the evidence provided.
The claim for cleaning is allowed. Rubbish removal
The landlord claims for rubbish removal. This claim was not included in their original application filed on 11 December 2024. I was provided with an undated handwritten invoice for rubbish removal just prior to the hearing. The claim is for a significant amount of money and needed to have been included in the landlord’s application. A tenant also has the right to know what claims are made against them well prior to the hearing date.
Accordingly, the claim for rubbish removal must be dismissed.

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 occurs after 27 August 2019, section 49B RTA applies. If the landlord becomes aware of the damage after 27 August, the damage is presumed to have occurred after that date unless the tenant proves otherwise.
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). 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 (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.
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. Power point damage
The landlord claims that the tenant damaged a double power point during the tenancy. I have sighted photographic evidence of the power point along with an itemised invoice from Bewley Electrical dated 20 December 2024. The damage is more than fair wear and tear, and the tenant has not disproved liability for the damage.
The claim is allowed.
Because Inspire Real Estate Limited As Agent For Rajasangary Thangavadivel has substantially succeeded with the claim I have reimbursed the filing fee.

Tenancy Tribunal case 5105168 — Rent arrears at 64D Fairview Road, Western Heights, Rotorua 3015

At a glance

Tenancy Tribunal case 5105168 — Rent arrears at 64D Fairview Road, Western Heights, Rotorua 3015

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

Property management

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

Property management

Frequently asked questions