What was the outcome of Tenancy Tribunal case 5120909?

The tribunal order states: Rosa Tuiana Putaura must pay Inspire Real Estate Limited As Agent For Daniel

How much money was awarded in case 5120909?

Individual award amounts are in the official MoJ PDF. Claim amounts appear on this page when claims and net totals reconcile.

What type of tenancy dispute was case 5120909?

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

Where can I read the official tribunal order for case 5120909?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/11628086-Tenancy_Tribunal_Order.pdf.

What was the outcome of Tenancy Tribunal case 5120909?

The tribunal order states: Rosa Tuiana Putaura must pay Inspire Real Estate Limited As Agent For Daniel

How much money was awarded in case 5120909?

Individual award amounts are in the official MoJ PDF. Claim amounts appear on this page when claims and net totals reconcile.

What type of tenancy dispute was case 5120909?

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

Where can I read the official tribunal order for case 5120909?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/11628086-Tenancy_Tribunal_Order.pdf.

58A Sala Street, Whakarewarewa, Rotorua 3010 Tenancy Tribunal Case 5120909 — Rent arrears

Order

Rosa Tuiana Putaura must pay Inspire Real Estate Limited As Agent For Daniel Jessie Broadhurst/Matukituki Trust $5,734.29 immediately, calculated as shown in table below.

Reasons

The landlord attended the video hearing. A call to the tenant’s last known mobile number went to voicemail.
On 6 November 2024, the Tribunal issued an order for the following: 1 a. Immediate termination. b. Rent arrears of $4,243.57 as at 6 November 2024. c. Lock/key replacement relating to replacement keys provided to the tenant approximately six months earlier, $104.50. d. Window repairs for damage that occurred approximately six months earlier in the kitchen and lounge, $427.01. e. Reimbursement of the application fee. f. Refund of the bond of $1,960.00 to the landlord.
After application of the bond, the total amount ordered for the tenant to pay the landlord was $2,842.08.
The landlord says the tenant moved out on 21 November 2024.
Following the end of the tenancy, the landlord has applied for further rent arrears to that date, and compensation for cleaning, rubbish removal and damage.

How much is owed for rent?

The landlord provided rent records which prove the total amount owing in rent arrears at the end of the tenancy was $3,387.14.
Under the previous order, the tenant was ordered to pay $4,243.57 in rent arrears to 6 November 2024.
The bond of $1,960 has been refunded to the landlord. After applying the bond to the arrears previously awarded, the amount still owing for rent arrears as at 6 November 2024 is $2,283.57.
The tenant has accrued a further $1,103.57 in rent arrears for the period 7 November to 21 November 2024.
I make an order accordingly. 1 [2024] NZTT 4955994.

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 did not leave the premises reasonably clean and tidy. The landlord has filed photos taken on, or shortly after, 21 November 2024, that show the premises was not reasonably clean. The kitchen was unclean, the stove had not been cleaned, drawers had not been wiped down and there were dirt and marks on the walls.
The landlord has filed an invoice dated 4 December 2024 for $350.00 and says it took two cleaners three hours to clean the premises.
The amount ordered is proved.
The tenant did not remove all rubbish. The landlord has filed photos taken on, or shortly after, 21 November 2024, that show various items and rubbish left inside the premises. The landlord says a fridge was also left on the back deck and various items were left in the yard and behind the garage.
The landlord has filed an invoice dated 18 December 2024 for $242.00 for labour, rubbish removal and disposal.
The amount ordered is proved.
The landlord says the tenant did not leave any keys when they exited the premises on 21 November 2024 and therefore the landlord was required to replace the front door key, back door key and the key to the ranchslider in the sleepout. The landlord says the front door lock had been badly damaged, snapping the internal mechanism, and required a complete replacement.
The landlord has filed an invoice dated 22 November 2024 for $402.00.
The amount ordered is proved.

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.
The following damage was caused during the tenancy: a. Damage to the ranchslider door to the sleepout; and b. Damage to the walls inside the sleepout; and c. Broken glass in the back door.
The landlord filed photos showing the condition of the premises in October 2023, shortly before the tenancy started, and photos taken on, or shortly after, 21 November 2024, showing the above damage. The landlord has also filed invoices from contractors who carried out the repairs. The invoices are for the amounts as claimed by the landlord.
I am satisfied the damage occurred during the tenancy and is more than fair wear and tear. The tenant has not disproved liability for the damage.
The amounts ordered are proved.

Order

Rosa Tuiana Putaura must pay Inspire Real Estate Limited As Agent For Daniel Jessie Broadhurst/Matukituki Trust $5,734.29 immediately, calculated as shown in table below.

Reasons

The landlord attended the video hearing. A call to the tenant’s last known mobile number went to voicemail.
On 6 November 2024, the Tribunal issued an order for the following: 1 a. Immediate termination. b. Rent arrears of $4,243.57 as at 6 November 2024. c. Lock/key replacement relating to replacement keys provided to the tenant approximately six months earlier, $104.50. d. Window repairs for damage that occurred approximately six months earlier in the kitchen and lounge, $427.01. e. Reimbursement of the application fee. f. Refund of the bond of $1,960.00 to the landlord.
After application of the bond, the total amount ordered for the tenant to pay the landlord was $2,842.08.
The landlord says the tenant moved out on 21 November 2024.
Following the end of the tenancy, the landlord has applied for further rent arrears to that date, and compensation for cleaning, rubbish removal and damage.

How much is owed for rent?

The landlord provided rent records which prove the total amount owing in rent arrears at the end of the tenancy was $3,387.14.
Under the previous order, the tenant was ordered to pay $4,243.57 in rent arrears to 6 November 2024.
The bond of $1,960 has been refunded to the landlord. After applying the bond to the arrears previously awarded, the amount still owing for rent arrears as at 6 November 2024 is $2,283.57.
The tenant has accrued a further $1,103.57 in rent arrears for the period 7 November to 21 November 2024.
I make an order accordingly. 1 [2024] NZTT 4955994.

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 did not leave the premises reasonably clean and tidy. The landlord has filed photos taken on, or shortly after, 21 November 2024, that show the premises was not reasonably clean. The kitchen was unclean, the stove had not been cleaned, drawers had not been wiped down and there were dirt and marks on the walls.
The landlord has filed an invoice dated 4 December 2024 for $350.00 and says it took two cleaners three hours to clean the premises.
The amount ordered is proved.
The tenant did not remove all rubbish. The landlord has filed photos taken on, or shortly after, 21 November 2024, that show various items and rubbish left inside the premises. The landlord says a fridge was also left on the back deck and various items were left in the yard and behind the garage.
The landlord has filed an invoice dated 18 December 2024 for $242.00 for labour, rubbish removal and disposal.
The amount ordered is proved.
The landlord says the tenant did not leave any keys when they exited the premises on 21 November 2024 and therefore the landlord was required to replace the front door key, back door key and the key to the ranchslider in the sleepout. The landlord says the front door lock had been badly damaged, snapping the internal mechanism, and required a complete replacement.
The landlord has filed an invoice dated 22 November 2024 for $402.00.
The amount ordered is proved.

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.
The following damage was caused during the tenancy: a. Damage to the ranchslider door to the sleepout; and b. Damage to the walls inside the sleepout; and c. Broken glass in the back door.
The landlord filed photos showing the condition of the premises in October 2023, shortly before the tenancy started, and photos taken on, or shortly after, 21 November 2024, showing the above damage. The landlord has also filed invoices from contractors who carried out the repairs. The invoices are for the amounts as claimed by the landlord.
I am satisfied the damage occurred during the tenancy and is more than fair wear and tear. The tenant has not disproved liability for the damage.
The amounts ordered are proved.

Tenancy Tribunal case 5120909 — Rent arrears at 58A Sala Street, Whakarewarewa, Rotorua 3010

Tenancy Tribunal case 5120909 — Rent arrears at 58A Sala Street, Whakarewarewa, Rotorua 3010

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?

Property management

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?

Property management