What was Tenancy Tribunal case 5136488 about?

The tribunal order states: [The tenant/s] and [The tenant/s] must pay Auckland Property Management

How much money was awarded in case 5136488?

Cleaning: $116.30 awarded to landlord; Filing Fee: $27.00 awarded to landlord; Property Damage: $536.33 awarded to landlord; Rent Arrears: $1,207.14 awarded to landlord; Handrail: $519.13 awarded to landlord; Water Rates: $594.35 awarded to landlord

What type of tenancy dispute was case 5136488?

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

Where can I read the official tribunal order for case 5136488?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/11677864-Tenancy_Tribunal_Order.pdf.

What was Tenancy Tribunal case 5136488 about?

The tribunal order states: [The tenant/s] and [The tenant/s] must pay Auckland Property Management

How much money was awarded in case 5136488?

Cleaning: $116.30 awarded to landlord; Filing Fee: $27.00 awarded to landlord; Property Damage: $536.33 awarded to landlord; Rent Arrears: $1,207.14 awarded to landlord; Handrail: $519.13 awarded to landlord; Water Rates: $594.35 awarded to landlord

What type of tenancy dispute was case 5136488?

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

Where can I read the official tribunal order for case 5136488?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/11677864-Tenancy_Tribunal_Order.pdf.

37A Rhinevale Close, Henderson, Auckland 0612 Tenancy Tribunal Case 5136488 — Rent arrears

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37A Rhinevale Close, Henderson, Auckland 0612 Tenancy Tribunal Case 5136488 — 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 5136488 — net $480.25 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears to 21 November 2024	$1,207.14	Rent arrears to 21 November 2024
Water rates	$594.35	Water rates
Repairs: Handrail	$519.13	Repairs: Handrail
Carpet Cleaning	$116.30	Carpet Cleaning
Oven replacement	$536.33	Oven replacement
Filing fee reimbursement	$27.00	Filing fee reimbursement
Net award	$480.25
Total payable by Tenant to Landlord	$480.25

Claims and awards for application 5136488 — net $480.25 NZD. Verify on MoJ.

Rent arrears to 21 November 2024

Amount: $1,207.14
Awarded to: Landlord
Reason: Rent arrears to 21 November 2024

Water rates

Amount: $594.35
Awarded to: Landlord
Reason: Water rates

Repairs: Handrail

Amount: $519.13
Awarded to: Landlord
Reason: Repairs: Handrail

Carpet Cleaning

Amount: $116.30
Awarded to: Landlord
Reason: Carpet Cleaning

Oven replacement

Amount: $536.33
Awarded to: Landlord
Reason: Oven replacement

Claim types — money lines allowed on this order

Carpet Cleaning Filing Fee Property damage Rent arrears Water Rates

Order

[The tenant/s] and [The tenant/s] must pay Auckland Property Management Ltd As Agents For Peter & Karen Ray $480.25 immediately, calculated as shown in table below.
The Bond Centre is to pay the bond of $2,520.00 (3322491-012) to Auckland Property Management Ltd As Agents For Peter & Karen Ray immediately.

Reasons

The landlord attended the hearing by video. The tenants did not attend the hearing. Attempts were made to join the tenants to the hearing by telephone, but the calls were not answered. The hearing proceeded in the tenant’s 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 and water rates?

The tenancy ended on 29 November 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 carpet at the end of the tenancy needed cleaning. The landlord is awarde $116.30 for carpet cleaning.

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: damaged handrail and oven with missing seals. The damage is more than fair wear and tear, and the tenant has not disproved liability for the damage.
The amounts ordered are proved.
The landlord had claimed for repairs to the door but there was no evidence produced showing the damage, so it was not possible to attribute any damage to the tenant. That claim is dismissed.
Because Auckland Property Management Ltd As Agents For Peter & Karen Ray 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 5136488 — net $480.25 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears to 21 November 2024	$1,207.14	Rent arrears to 21 November 2024
Water rates	$594.35	Water rates
Repairs: Handrail	$519.13	Repairs: Handrail
Carpet Cleaning	$116.30	Carpet Cleaning
Oven replacement	$536.33	Oven replacement
Filing fee reimbursement	$27.00	Filing fee reimbursement
Net award	$480.25
Total payable by Tenant to Landlord	$480.25

Claims and awards for application 5136488 — net $480.25 NZD. Verify on MoJ.

Rent arrears to 21 November 2024

Amount: $1,207.14
Awarded to: Landlord
Reason: Rent arrears to 21 November 2024

Water rates

Amount: $594.35
Awarded to: Landlord
Reason: Water rates

Repairs: Handrail

Amount: $519.13
Awarded to: Landlord
Reason: Repairs: Handrail

Carpet Cleaning

Amount: $116.30
Awarded to: Landlord
Reason: Carpet Cleaning

Oven replacement

Amount: $536.33
Awarded to: Landlord
Reason: Oven replacement

Claim types — money lines allowed on this order

Carpet Cleaning Filing Fee Property damage Rent arrears Water Rates

Order

[The tenant/s] and [The tenant/s] must pay Auckland Property Management Ltd As Agents For Peter & Karen Ray $480.25 immediately, calculated as shown in table below.
The Bond Centre is to pay the bond of $2,520.00 (3322491-012) to Auckland Property Management Ltd As Agents For Peter & Karen Ray immediately.

Reasons

The landlord attended the hearing by video. The tenants did not attend the hearing. Attempts were made to join the tenants to the hearing by telephone, but the calls were not answered. The hearing proceeded in the tenant’s 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 and water rates?

The tenancy ended on 29 November 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 carpet at the end of the tenancy needed cleaning. The landlord is awarde $116.30 for carpet cleaning.

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: damaged handrail and oven with missing seals. The damage is more than fair wear and tear, and the tenant has not disproved liability for the damage.
The amounts ordered are proved.
The landlord had claimed for repairs to the door but there was no evidence produced showing the damage, so it was not possible to attribute any damage to the tenant. That claim is dismissed.
Because Auckland Property Management Ltd As Agents For Peter & Karen Ray has substantially succeeded with the claim I have reimbursed the filing fee.

Tenancy Tribunal case 5136488 — Rent arrears at 37A Rhinevale Close, Henderson, Auckland 0612

At a glance

Tenancy Tribunal case 5136488 — Rent arrears at 37A Rhinevale Close, Henderson, Auckland 0612

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

Property management

Frequently asked questions

Reduce avoidable tribunal risk with proper tenant checks.

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

Property management

Frequently asked questions

Reduce avoidable tribunal risk with proper tenant checks.