How much money was awarded in case 5119469?

Filing Fee: $27.00 awarded to landlord; Pest Control: $241.50 awarded to landlord; Property Damage: $242.87 awarded to landlord; Rent Arrears: $925.71 awarded to landlord; Replaced destroyed front and back do…: $412.85 awarded to landlord; Rubbish Removal: $1,063.75 awarded to landlord

What type of tenancy dispute was case 5119469?

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

Where can I read the official tribunal order for case 5119469?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/11568550-Tenancy_Tribunal_Order.pdf.

How much money was awarded in case 5119469?

Filing Fee: $27.00 awarded to landlord; Pest Control: $241.50 awarded to landlord; Property Damage: $242.87 awarded to landlord; Rent Arrears: $925.71 awarded to landlord; Replaced destroyed front and back do…: $412.85 awarded to landlord; Rubbish Removal: $1,063.75 awarded to landlord

What type of tenancy dispute was case 5119469?

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

Where can I read the official tribunal order for case 5119469?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/11568550-Tenancy_Tribunal_Order.pdf.

Unit/Flat 2, 323 Panama Road, Mount Wellington, Auckland Tenancy Tribunal Case 5119469 — Rent arrears

Q: What was the outcome of Tenancy Tribunal case 5119469?

The tribunal order states: Lisiate Taufa must pay Crockers Property Management Limited as Agent for

Order

Claims and awards in Tenancy Tribunal application 5119469 — net $1,673.68 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears	$925.71	Rent arrears
Filing fee reimbursement	$27.00	Filing fee reimbursement
Pest control: cockroaches	$241.50	Pest control: cockroaches
Rubbish removal	$1,063.75	Rubbish removal
Window repairs	$242.87	Window repairs
Repairs: Replaced destroyed front and back doors	$412.85	Repairs: Replaced destroyed front and back doors
Net award	$1,673.68
Total payable by Tenant to Landlord	$1,673.68

Lisiate Taufa must pay Crockers Property Management Limited as Agent for The Wigglesworth Family Trust $1,673.68 immediately for rent arrears, reimbursement of filing fee, pest control, rubbish removal, repairs, and window replacement, as calculated and shown in table below: DescriptionLandlord Rent arrears$925.71 Filing fee reimbursement$27.00 Pest control: cockroaches$241.50 Rubbish removal$1,063.75 Window repairs$242.87 Repairs: Replaced destroyed front and back doors$412.85 Total award$2,913.68 Minus Bond-$1,240.00 Total payable by Tenant to Landlord$1,673.68

The Bond Centre is to pay the bond of $1,240.00 (3068740-024) to Crockers Property Management Limited as Agent for The Wigglesworth Family Trust immediately.

Reasons

The landlord attended the hearing, the tenant did not attend. The tenant was served with a notice of hearing. As the tenant has chosen to not attend the hearing I am proceeding in his absence.

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 20 November 2024. The landlord provided rent records which prove the amount of $925.71 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) 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.

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

The landlord provided photos of the rubbish and possessions left throughout the property and an invoice for $1063.75 for the cost of the removal of the rubbish.

The property had a cockroach infestation that required pest control to get rid of them. The tenant has been at the property for 5 years and so it is reasonable to assume that the cockroach infestation has happened over this time period.

I am satisfied that the landlord has proven their claim for the removal of rubbish.

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.

The following damage was caused during the tenancy: -The back and front doors were broken and needed to be replaced. -2 Bedroom windows were smashed.

The landlord provided photos of the broken front and back door and windows and an invoice for the cost of the repairs.

The damage is more than fair wear and tear, and the tenant has not disproved liability for the damage.

The amounts ordered are proved. Bond:

The bond centre is to refund the bond to the landlord to offset the debt owed by the tenant to the landlord. Filing fee:

Because Crockers Property Management Limited as Agent for The Wigglesworth Family Trust has wholly succeeded with the claim I must reimburse the filing fee.

Claims and awards in Tenancy Tribunal application 5119469 — net $1,673.68 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears	$925.71	Rent arrears
Filing fee reimbursement	$27.00	Filing fee reimbursement
Pest control: cockroaches	$241.50	Pest control: cockroaches
Rubbish removal	$1,063.75	Rubbish removal
Window repairs	$242.87	Window repairs
Repairs: Replaced destroyed front and back doors	$412.85	Repairs: Replaced destroyed front and back doors
Net award	$1,673.68
Total payable by Tenant to Landlord	$1,673.68

Order

Lisiate Taufa must pay Crockers Property Management Limited as Agent for The Wigglesworth Family Trust $1,673.68 immediately for rent arrears, reimbursement of filing fee, pest control, rubbish removal, repairs, and window replacement, as calculated and shown in table below: DescriptionLandlord Rent arrears$925.71 Filing fee reimbursement$27.00 Pest control: cockroaches$241.50 Rubbish removal$1,063.75 Window repairs$242.87 Repairs: Replaced destroyed front and back doors$412.85 Total award$2,913.68 Minus Bond-$1,240.00 Total payable by Tenant to Landlord$1,673.68
The Bond Centre is to pay the bond of $1,240.00 (3068740-024) to Crockers Property Management Limited as Agent for The Wigglesworth Family Trust immediately.

Reasons

The landlord attended the hearing, the tenant did not attend. The tenant was served with a notice of hearing. As the tenant has chosen to not attend the hearing I am proceeding in his absence.
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 20 November 2024. The landlord provided rent records which prove the amount of $925.71 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) 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.
The tenant did not leave the premises reasonably clean and tidy and did not remove all rubbish.
The landlord provided photos of the rubbish and possessions left throughout the property and an invoice for $1063.75 for the cost of the removal of the rubbish.
The property had a cockroach infestation that required pest control to get rid of them. The tenant has been at the property for 5 years and so it is reasonable to assume that the cockroach infestation has happened over this time period.
I am satisfied that the landlord has proven their claim for the removal of rubbish.

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.
The following damage was caused during the tenancy: -The back and front doors were broken and needed to be replaced. -2 Bedroom windows were smashed.
The landlord provided photos of the broken front and back door and windows and an invoice for the cost of the repairs.
The damage is more than fair wear and tear, and the tenant has not disproved liability for the damage.
The amounts ordered are proved. Bond:
The bond centre is to refund the bond to the landlord to offset the debt owed by the tenant to the landlord. Filing fee:
Because Crockers Property Management Limited as Agent for The Wigglesworth Family Trust has wholly succeeded with the claim I must reimburse the filing fee.

Tenancy Tribunal case 5119469 — Rent arrears at Unit/Flat 2, 323 Panama Road, Mount Wellington, Auckland

At a glance

Tenancy Tribunal case 5119469 — Rent arrears at Unit/Flat 2, 323 Panama Road, Mount Wellington, Auckland

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