What was the outcome of Tenancy Tribunal case 5109448?

The tribunal order states: Gabrielle Jane Bailey must pay Handre Luus and Deone Luus $2,286.46

How much money was awarded in case 5109448?

Carpet Tiles: $235.76 awarded to landlord; Cleaning: $500.00 awarded to landlord; Filing Fee: $27.00 awarded to landlord; Property Damage: $328.56 awarded to landlord; Rent Arrears: $797.14 awarded to landlord; Rubbish Removal: $368.00 awarded to landlord; Toilet Seat: $30.00 awarded to landlord

What type of tenancy dispute was case 5109448?

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

Where can I read the official tribunal order for case 5109448?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/11892682-Tenancy_Tribunal_Order.pdf.

What was the outcome of Tenancy Tribunal case 5109448?

The tribunal order states: Gabrielle Jane Bailey must pay Handre Luus and Deone Luus $2,286.46

How much money was awarded in case 5109448?

Carpet Tiles: $235.76 awarded to landlord; Cleaning: $500.00 awarded to landlord; Filing Fee: $27.00 awarded to landlord; Property Damage: $328.56 awarded to landlord; Rent Arrears: $797.14 awarded to landlord; Rubbish Removal: $368.00 awarded to landlord; Toilet Seat: $30.00 awarded to landlord

What type of tenancy dispute was case 5109448?

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

Where can I read the official tribunal order for case 5109448?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/11892682-Tenancy_Tribunal_Order.pdf.

9H Clearwater Cove, West Harbour, Auckland 0618 Tenancy Tribunal Case 5109448 — Rent arrears

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9H Clearwater Cove, West Harbour, Auckland 0618 Tenancy Tribunal Case 5109448 — 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 5109448 — net $2,286.46 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears	$797.14	Rent arrears
Rubbish removal	$368.00	Rubbish removal
Cleaning	$500.00	Cleaning
Carpet tiles	$235.76	Carpet tiles
Toilet seat	$30.00	Toilet seat
Miscellaneous repairs	$328.56	Miscellaneous repairs
Filing fee reimbursement	$27.00	Filing fee reimbursement
Net award	$2,286.46
Total payable by Tenant to Landlord	$2,286.46

Claims and awards for application 5109448 — net $2,286.46 NZD. Verify on MoJ.

Rent arrears

Amount: $797.14
Awarded to: Landlord
Reason: Rent arrears

Rubbish removal

Amount: $368.00
Awarded to: Landlord
Reason: Rubbish removal

Cleaning

Amount: $500.00
Awarded to: Landlord
Reason: Cleaning

Carpet tiles

Amount: $235.76
Awarded to: Landlord
Reason: Carpet tiles

Toilet seat

Amount: $30.00
Awarded to: Landlord
Reason: Toilet seat

Miscellaneous repairs

Claim types — money lines allowed on this order

Cleanliness Filing Fee Property damage Rent arrears Rubbish Removal

Order

Gabrielle Jane Bailey must pay Handre Luus and Deone Luus $2,286.46 immediately, calculated as shown in table below.
The tenant’s application is dismissed.
The landlord’s claim for reimbursement of air fares is dismissed.

Reasons

The landlord attended the hearing by telephone. The tenant did not attend the hearing.
The tenant had requested an adjournment which was declined. On the morning of the hearing the tenant advised the Tribunal that she would not be attending the hearing.
Section 92 of the Residential Tenancies Act 1986 provides that where notice of a hearing has been given to a party and that party does not attend at the hearing, the Tribunal may hear and determine the matter in the absence of that party.
The landlord applied for rent arrears, compensation and reimbursement of the filing fee.
The tenant applied for a claim in respect of the Healthy Homes standards, compensation and exemplary damages.
As the tenant did not attend the hearing the tenant’s application is dismissed. Landlord application
The tenant gave notice to end the tenancy and the final day was 1 January 2025. The tenant’s last rent payment was received by the landlord on 22 November 2024.
The landlord sought rent arrears that were owing. The tenant had agreed to release the bond to go toward the rent arrears. The rent arrears awarded is the balance after applying the bond.

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 did not leave the premises reasonably clean and tidy, and did not remove all rubbish.
The landlord carried out the cleaning. The landlord obtained a quote for the cleaning which was $625.14. I have considered the photographs produced showing that further cleaning was required. I award $500.00 to the landlord for their time in carrying out the cleaning.
The landlord claims for damaged and missing carpet tiles. The tenant removed the carpet tiles from the deck area, and they were stored in the garage. At the end of the tenancy five carpet tiles were missing and two were damaged. The landlord produced photographs from the beginning of the tenancy showing that the tiles were not damaged. I award the cost for replacement carpet tiles.
The landlord claims for a broken toilet seat. That amount is awarded.
The landlord produced an invoice for rubbish removal and that amount is awarded.
There were other issues which the landlord carried out including a damaged towel rail and broken window latch. The landlord seeks reimbursement of the consumables used and not the time required to carry out the repairs. I award the costs sought by the landlord.
The landlord claimed for reimbursement of airfares for travelling from Queenstown to Auckland. It is a business decision for the landlord to have a tenancy in a city other than where they live. This is not a cost for the tenant. That part of the landlord’s claim is dismissed.
Because Handre Luus, Deone Luus 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 5109448 — net $2,286.46 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears	$797.14	Rent arrears
Rubbish removal	$368.00	Rubbish removal
Cleaning	$500.00	Cleaning
Carpet tiles	$235.76	Carpet tiles
Toilet seat	$30.00	Toilet seat
Miscellaneous repairs	$328.56	Miscellaneous repairs
Filing fee reimbursement	$27.00	Filing fee reimbursement
Net award	$2,286.46
Total payable by Tenant to Landlord	$2,286.46

Claims and awards for application 5109448 — net $2,286.46 NZD. Verify on MoJ.

Rent arrears

Amount: $797.14
Awarded to: Landlord
Reason: Rent arrears

Rubbish removal

Amount: $368.00
Awarded to: Landlord
Reason: Rubbish removal

Cleaning

Amount: $500.00
Awarded to: Landlord
Reason: Cleaning

Carpet tiles

Amount: $235.76
Awarded to: Landlord
Reason: Carpet tiles

Toilet seat

Amount: $30.00
Awarded to: Landlord
Reason: Toilet seat

Miscellaneous repairs

Claim types — money lines allowed on this order

Cleanliness Filing Fee Property damage Rent arrears Rubbish Removal

Order

Gabrielle Jane Bailey must pay Handre Luus and Deone Luus $2,286.46 immediately, calculated as shown in table below.
The tenant’s application is dismissed.
The landlord’s claim for reimbursement of air fares is dismissed.

Reasons

The landlord attended the hearing by telephone. The tenant did not attend the hearing.
The tenant had requested an adjournment which was declined. On the morning of the hearing the tenant advised the Tribunal that she would not be attending the hearing.
Section 92 of the Residential Tenancies Act 1986 provides that where notice of a hearing has been given to a party and that party does not attend at the hearing, the Tribunal may hear and determine the matter in the absence of that party.
The landlord applied for rent arrears, compensation and reimbursement of the filing fee.
The tenant applied for a claim in respect of the Healthy Homes standards, compensation and exemplary damages.
As the tenant did not attend the hearing the tenant’s application is dismissed. Landlord application
The tenant gave notice to end the tenancy and the final day was 1 January 2025. The tenant’s last rent payment was received by the landlord on 22 November 2024.
The landlord sought rent arrears that were owing. The tenant had agreed to release the bond to go toward the rent arrears. The rent arrears awarded is the balance after applying the bond.

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 did not leave the premises reasonably clean and tidy, and did not remove all rubbish.
The landlord carried out the cleaning. The landlord obtained a quote for the cleaning which was $625.14. I have considered the photographs produced showing that further cleaning was required. I award $500.00 to the landlord for their time in carrying out the cleaning.
The landlord claims for damaged and missing carpet tiles. The tenant removed the carpet tiles from the deck area, and they were stored in the garage. At the end of the tenancy five carpet tiles were missing and two were damaged. The landlord produced photographs from the beginning of the tenancy showing that the tiles were not damaged. I award the cost for replacement carpet tiles.
The landlord claims for a broken toilet seat. That amount is awarded.
The landlord produced an invoice for rubbish removal and that amount is awarded.
There were other issues which the landlord carried out including a damaged towel rail and broken window latch. The landlord seeks reimbursement of the consumables used and not the time required to carry out the repairs. I award the costs sought by the landlord.
The landlord claimed for reimbursement of airfares for travelling from Queenstown to Auckland. It is a business decision for the landlord to have a tenancy in a city other than where they live. This is not a cost for the tenant. That part of the landlord’s claim is dismissed.
Because Handre Luus, Deone Luus has substantially succeeded with the claim I have reimbursed the filing fee.

Tenancy Tribunal case 5109448 — Rent arrears at 9H Clearwater Cove, West Harbour, Auckland 0618

At a glance

Tenancy Tribunal case 5109448 — Rent arrears at 9H Clearwater Cove, West Harbour, Auckland 0618

At a glance

Award balance

Claims & awards

Order

Reasons

Did the tenant comply with their obligations at the end of the tenancy?

Topics & place

Residential Tenancies Act sections

Key findings

Frequently asked questions

Award balance

Claims & awards

Order

Reasons

Did the tenant comply with their obligations at the end of the tenancy?

Topics & place

Residential Tenancies Act sections

Key findings

Frequently asked questions