What was Tenancy Tribunal case 5124852 about?

The tribunal order states: An application for suppression has been made in this case, and the Tribunal

How much money was awarded in case 5124852?

Cleaning: $3,486.80 awarded to landlord; Filing Fee: $27.00 awarded to landlord; Rent Arrears: $5,343.92 awarded to landlord; Water Rates: $1,002.46 awarded to landlord

What type of tenancy dispute was case 5124852?

The primary dispute was Rent arrears. Related themes: Cleanliness.

Where can I read the official tribunal order for case 5124852?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/11724546-Tribunal_Order_Redacted.pdf.

What was Tenancy Tribunal case 5124852 about?

The tribunal order states: An application for suppression has been made in this case, and the Tribunal

How much money was awarded in case 5124852?

Cleaning: $3,486.80 awarded to landlord; Filing Fee: $27.00 awarded to landlord; Rent Arrears: $5,343.92 awarded to landlord; Water Rates: $1,002.46 awarded to landlord

What type of tenancy dispute was case 5124852?

The primary dispute was Rent arrears. Related themes: Cleanliness.

Where can I read the official tribunal order for case 5124852?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/11724546-Tribunal_Order_Redacted.pdf.

5 Cotton Place, Opaheke, Papakura 2113 Tenancy Tribunal Case 5124852 — Rent arrears

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5 Cotton Place, Opaheke, Papakura 2113 Tenancy Tribunal Case 5124852 — 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 5124852 — net $7,460.18 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears	$5,343.92	Rent arrears
Filing fee reimbursement	$27.00	Filing fee reimbursement
Water rates	$1,002.46	Water rates
Lawns, rubbish, cleaning, and damages	$3,486.80	Lawns, rubbish, cleaning, and damages
Net award	$7,460.18
Total payable by Tenant to Landlord	$7,460.18

Claims and awards for application 5124852 — net $7,460.18 NZD. Verify on MoJ.

Rent arrears

Amount: $5,343.92
Awarded to: Landlord
Reason: Rent arrears

Filing fee reimbursement

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

Water rates

Amount: $1,002.46
Awarded to: Landlord
Reason: Water rates

Lawns, rubbish, cleaning, and damages

Amount: $3,486.80
Awarded to: Landlord
Reason: Lawns, rubbish, cleaning, and damages

Net award

Landlord $7,460.18

Total payable by Tenant to Landlord

Landlord $7,460.18

Claim types — money lines allowed on this order

Cleanliness Filing Fee Rent arrears Water Rates

Order

An application for suppression has been made in this case, and the Tribunal orders suppression of the Landlord’s name and identifying details.
Siaosi Leilua and Jerry Auleafe must pay [The landlord/s] $7,460.18 immediately, for rent arrears, water bills, filing fee and compensation as calculated and shown in table below: DescriptionLandlord Rent arrears$5,343.92 Filing fee reimbursement$27.00 Water rates$1,002.46 Lawns, rubbish, cleaning, and damages$3,486.80 Total award$9,860.18 Minus Bond-$2,400.00 Total payable by Tenant to Landlord$7,460.18
The Bond Centre is to pay the bond of $2,400.00 ([Bond number suppressed]) to [The landlord/s] immediately.

Reasons

The landlord attended the hearing, the tenants did not attend.
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 and water rates?

The tenancy ended on 13 December 2024. The landlord provided rent records and water rates invoices which prove the amount of $5343.92 in rent arrears and $1002.46 in water bills owing at the end of the tenancy.
I am satisfied that the landlord has proven their claim for rent arears and water bills.

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.
As the tenants were evicted the landlord had to change the keys and locks.
The landlord had to replace light bulbs and smoke alarm batteries.
The landlord provided the Tribunal with a pre let inspection report and an exit inspection report and photos. The photos and report show the house was left dirty, lawns and garden were unkempt, rubbish were left throughout the entire house, garage, and property.
The landlord provided the Tribunal with an invoice from Reflective Home Renovations NZ Limited, dated 23 January 2025 which sets out the work completed by the landlord to cleaning the house, wash the carpets, mow lawns, replace the locks, smoke alarms and light bulbs and remove the rubbish from the property. The total cost of the work carried out was $3486.80, but that included the cost of repairs to the bedroom walls that had holes in them.
I am satisfied that the landlord has proven their claims as set out above.
The amounts ordered are 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.
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 bedroom walls were damaged during the tenancy. The pre let inspection does not mention holes and bents in the bedroom walls. At the end of the tenancy 3 bedrooms had dents, stains, scratches, holes and patches on the walls.
The damage is more than fair wear and tear, and the tenant has not disproved liability for the damage.
The cost of repairing and painting of the walls in the bedrooms were included in the invoice from Reflective Home Renovations NZ Limited as set out in paragraph 10 of this order.
I am satisfied that the landlord has proven their claim for the bedroom wall repairs.
The bond centre is to refund the bond to the landlord immediately to offset the debt owed by the tenants.
The landlord has applied for suppression of their name and identifying details and as they have been successful, I am granting suppression.
Because [The applicant/s] has wholly succeeded with the claim I must reimburse 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 5124852 — net $7,460.18 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears	$5,343.92	Rent arrears
Filing fee reimbursement	$27.00	Filing fee reimbursement
Water rates	$1,002.46	Water rates
Lawns, rubbish, cleaning, and damages	$3,486.80	Lawns, rubbish, cleaning, and damages
Net award	$7,460.18
Total payable by Tenant to Landlord	$7,460.18

Claims and awards for application 5124852 — net $7,460.18 NZD. Verify on MoJ.

Rent arrears

Amount: $5,343.92
Awarded to: Landlord
Reason: Rent arrears

Filing fee reimbursement

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

Water rates

Amount: $1,002.46
Awarded to: Landlord
Reason: Water rates

Lawns, rubbish, cleaning, and damages

Amount: $3,486.80
Awarded to: Landlord
Reason: Lawns, rubbish, cleaning, and damages

Net award

Landlord $7,460.18

Total payable by Tenant to Landlord

Landlord $7,460.18

Claim types — money lines allowed on this order

Cleanliness Filing Fee Rent arrears Water Rates

Order

An application for suppression has been made in this case, and the Tribunal orders suppression of the Landlord’s name and identifying details.
Siaosi Leilua and Jerry Auleafe must pay [The landlord/s] $7,460.18 immediately, for rent arrears, water bills, filing fee and compensation as calculated and shown in table below: DescriptionLandlord Rent arrears$5,343.92 Filing fee reimbursement$27.00 Water rates$1,002.46 Lawns, rubbish, cleaning, and damages$3,486.80 Total award$9,860.18 Minus Bond-$2,400.00 Total payable by Tenant to Landlord$7,460.18
The Bond Centre is to pay the bond of $2,400.00 ([Bond number suppressed]) to [The landlord/s] immediately.

Reasons

The landlord attended the hearing, the tenants did not attend.
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 and water rates?

The tenancy ended on 13 December 2024. The landlord provided rent records and water rates invoices which prove the amount of $5343.92 in rent arrears and $1002.46 in water bills owing at the end of the tenancy.
I am satisfied that the landlord has proven their claim for rent arears and water bills.

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.
As the tenants were evicted the landlord had to change the keys and locks.
The landlord had to replace light bulbs and smoke alarm batteries.
The landlord provided the Tribunal with a pre let inspection report and an exit inspection report and photos. The photos and report show the house was left dirty, lawns and garden were unkempt, rubbish were left throughout the entire house, garage, and property.
The landlord provided the Tribunal with an invoice from Reflective Home Renovations NZ Limited, dated 23 January 2025 which sets out the work completed by the landlord to cleaning the house, wash the carpets, mow lawns, replace the locks, smoke alarms and light bulbs and remove the rubbish from the property. The total cost of the work carried out was $3486.80, but that included the cost of repairs to the bedroom walls that had holes in them.
I am satisfied that the landlord has proven their claims as set out above.
The amounts ordered are 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.
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 bedroom walls were damaged during the tenancy. The pre let inspection does not mention holes and bents in the bedroom walls. At the end of the tenancy 3 bedrooms had dents, stains, scratches, holes and patches on the walls.
The damage is more than fair wear and tear, and the tenant has not disproved liability for the damage.
The cost of repairing and painting of the walls in the bedrooms were included in the invoice from Reflective Home Renovations NZ Limited as set out in paragraph 10 of this order.
I am satisfied that the landlord has proven their claim for the bedroom wall repairs.
The bond centre is to refund the bond to the landlord immediately to offset the debt owed by the tenants.
The landlord has applied for suppression of their name and identifying details and as they have been successful, I am granting suppression.
Because [The applicant/s] has wholly succeeded with the claim I must reimburse the filing fee.

Tenancy Tribunal case 5124852 — Rent arrears at 5 Cotton Place, Opaheke, Papakura 2113

At a glance

Tenancy Tribunal case 5124852 — Rent arrears at 5 Cotton Place, Opaheke, Papakura 2113

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

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

Frequently asked questions