What was the outcome of Tenancy Tribunal case 5135689?

The tribunal order states: Kalisi Fononga must pay Barfoot & Thompson Limited As Agent For Meng

How much money was awarded in case 5135689?

Lawns and Garden Work: $650.00 awarded to landlord; Filing Fee: $27.00 awarded to landlord; Property Damage: $600.00 awarded to landlord; Rent Arrears: $4,070.22 awarded to landlord; Rubbish Removal: $950.00 awarded to landlord; Water Rates: $1,028.56 awarded to landlord

What type of tenancy dispute was case 5135689?

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

Where can I read the official tribunal order for case 5135689?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/11887502-Tenancy_Tribunal_Order.pdf.

What was the outcome of Tenancy Tribunal case 5135689?

The tribunal order states: Kalisi Fononga must pay Barfoot & Thompson Limited As Agent For Meng

How much money was awarded in case 5135689?

Lawns and Garden Work: $650.00 awarded to landlord; Filing Fee: $27.00 awarded to landlord; Property Damage: $600.00 awarded to landlord; Rent Arrears: $4,070.22 awarded to landlord; Rubbish Removal: $950.00 awarded to landlord; Water Rates: $1,028.56 awarded to landlord

What type of tenancy dispute was case 5135689?

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

Where can I read the official tribunal order for case 5135689?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/11887502-Tenancy_Tribunal_Order.pdf.

1495A Great North Road, Waterview, Auckland 1026 Tenancy Tribunal Case 5135689 — Rent arrears

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1495A Great North Road, Waterview, Auckland 1026 Tenancy Tribunal Case 5135689 — 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 5135689 — net $4,325.78 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears to 2/12/2024	$4,070.22	Rent arrears to 2/12/2024
Water rates	$1,028.56	Water rates
Carpet replacement - bedroom	$600.00	Carpet replacement - bedroom
Rubbish removal: and replace lightbulbs	$950.00	Rubbish removal: and replace lightbulbs
Carpet Cleaning: lawns and gardens cleaning and repairs	$650.00	Carpet Cleaning: lawns and gardens cleaning and repairs
Filing fee reimbursement	$27.00	Filing fee reimbursement
Net award	$4,325.78
Total payable by Tenant to Landlord	$4,325.78

Claims and awards for application 5135689 — net $4,325.78 NZD. Verify on MoJ.

Rent arrears to 2/12/2024

Amount: $4,070.22
Awarded to: Landlord
Reason: Rent arrears to 2/12/2024

Water rates

Amount: $1,028.56
Awarded to: Landlord
Reason: Water rates

Carpet replacement - bedroom

Amount: $600.00
Awarded to: Landlord
Reason: Carpet replacement - bedroom

Rubbish removal: and replace lightbulbs

Amount: $950.00
Awarded to: Landlord
Reason: Rubbish removal: and replace lightbulbs

Carpet Cleaning: lawns and gardens cleaning and repairs

Amount: $650.00
Awarded to: Landlord
Reason: Carpet Cleaning: lawns and gardens cleaning and repairs

Claim types — money lines allowed on this order

Lawns And Garden Work Filing Fee Property damage Rent arrears Rubbish Removal Water Rates

Order

Kalisi Fononga must pay Barfoot & Thompson Limited As Agent For Meng Zhang $4,325.78 immediately, calculated as shown in table below.
The Bond Centre is to pay the bond of $3,000.00 (6287468-003) to Barfoot & Thompson Limited As Agent For Meng Zhang immediately.

Reasons

Only the applicant attended the hearing. The tenant did not join the video link and could not be contacted by telephone.
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 2/12/2024. The landlord provided rent records and water rates invoices which prove the amount 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 lawns and gardens were overgrown. The costs awarded have been reduced a little to reflect that some gardening and some cleaning can fairly fall with a landlord after a tenancy that has run for two years. The reductions are minimal as the evidence also shows that the way the property falls well short of reasonable.
The landlord had to replace light bulbs.
The carpets required professional cleaning and in one bedroom replacement as the damage/stains were so extensive cleaning would not rectify them.

Is the tenant liable for the cost of replacing the bedroom carpet?

The applicant has proven that the carpet damage occurred during the tenancy and is more than fair wear and tear. As 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 carpet damage can fairly be attributed to at least carelessness, on the part of the tenant.

What compensation can be awarded?

The carpets were close to new at the beginning of the tenancy, so the depreciation allowed for and deducted is minimal.
I have therefore taken into account betterment and depreciation. The landlord should be returned to the position they would have been in had the tenant not breached their obligations, and should not be better or worse off. In calculating depreciation, I have taken into account the age and condition of the carpet at the start of the tenancy and its likely useful lifespan.
Because Barfoot & Thompson Limited As Agent For Meng Zhang has largely 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 5135689 — net $4,325.78 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears to 2/12/2024	$4,070.22	Rent arrears to 2/12/2024
Water rates	$1,028.56	Water rates
Carpet replacement - bedroom	$600.00	Carpet replacement - bedroom
Rubbish removal: and replace lightbulbs	$950.00	Rubbish removal: and replace lightbulbs
Carpet Cleaning: lawns and gardens cleaning and repairs	$650.00	Carpet Cleaning: lawns and gardens cleaning and repairs
Filing fee reimbursement	$27.00	Filing fee reimbursement
Net award	$4,325.78
Total payable by Tenant to Landlord	$4,325.78

Claims and awards for application 5135689 — net $4,325.78 NZD. Verify on MoJ.

Rent arrears to 2/12/2024

Amount: $4,070.22
Awarded to: Landlord
Reason: Rent arrears to 2/12/2024

Water rates

Amount: $1,028.56
Awarded to: Landlord
Reason: Water rates

Carpet replacement - bedroom

Amount: $600.00
Awarded to: Landlord
Reason: Carpet replacement - bedroom

Rubbish removal: and replace lightbulbs

Amount: $950.00
Awarded to: Landlord
Reason: Rubbish removal: and replace lightbulbs

Carpet Cleaning: lawns and gardens cleaning and repairs

Amount: $650.00
Awarded to: Landlord
Reason: Carpet Cleaning: lawns and gardens cleaning and repairs

Claim types — money lines allowed on this order

Lawns And Garden Work Filing Fee Property damage Rent arrears Rubbish Removal Water Rates

Order

Kalisi Fononga must pay Barfoot & Thompson Limited As Agent For Meng Zhang $4,325.78 immediately, calculated as shown in table below.
The Bond Centre is to pay the bond of $3,000.00 (6287468-003) to Barfoot & Thompson Limited As Agent For Meng Zhang immediately.

Reasons

Only the applicant attended the hearing. The tenant did not join the video link and could not be contacted by telephone.
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 2/12/2024. The landlord provided rent records and water rates invoices which prove the amount 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 lawns and gardens were overgrown. The costs awarded have been reduced a little to reflect that some gardening and some cleaning can fairly fall with a landlord after a tenancy that has run for two years. The reductions are minimal as the evidence also shows that the way the property falls well short of reasonable.
The landlord had to replace light bulbs.
The carpets required professional cleaning and in one bedroom replacement as the damage/stains were so extensive cleaning would not rectify them.

Is the tenant liable for the cost of replacing the bedroom carpet?

The applicant has proven that the carpet damage occurred during the tenancy and is more than fair wear and tear. As 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 carpet damage can fairly be attributed to at least carelessness, on the part of the tenant.

What compensation can be awarded?

The carpets were close to new at the beginning of the tenancy, so the depreciation allowed for and deducted is minimal.
I have therefore taken into account betterment and depreciation. The landlord should be returned to the position they would have been in had the tenant not breached their obligations, and should not be better or worse off. In calculating depreciation, I have taken into account the age and condition of the carpet at the start of the tenancy and its likely useful lifespan.
Because Barfoot & Thompson Limited As Agent For Meng Zhang has largely succeeded with the claim I must reimburse the filing fee.

Tenancy Tribunal case 5135689 — Rent arrears at 1495A Great North Road, Waterview, Auckland 1026

At a glance

Tenancy Tribunal case 5135689 — Rent arrears at 1495A Great North Road, Waterview, Auckland 1026

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 liable for the cost of replacing the bedroom carpet?

What compensation can be awarded?

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 and water rates?

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

Is the tenant liable for the cost of replacing the bedroom carpet?

What compensation can be awarded?

Topics & place

Residential Tenancies Act sections

Key findings

Property management

Frequently asked questions