What was the outcome of Tenancy Tribunal case 5137648?

The tribunal order states: Susan Sefine So'oalo, Melissa So'oalo, Makulino So'oalo and Muafi So'oalo

How much money was awarded in case 5137648?

Carpets: $1,000.00 awarded to landlord; Cleaning: $500.00 awarded to landlord; Filing Fee: $27.00 awarded to landlord; Pest Control: $345.00 awarded to landlord; Property Damage: $2,090.00 awarded to landlord; Rent Arrears: $2,959.73 awarded to landlord; Rubbish Removal: $2,070.00 awarded to landlord; Water Rates: $1,142.60 awarded to landlord

What type of tenancy dispute was case 5137648?

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

Where can I read the official tribunal order for case 5137648?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/12052282-Tenancy_Tribunal_Order.pdf.

What was the outcome of Tenancy Tribunal case 5137648?

The tribunal order states: Susan Sefine So'oalo, Melissa So'oalo, Makulino So'oalo and Muafi So'oalo

How much money was awarded in case 5137648?

Carpets: $1,000.00 awarded to landlord; Cleaning: $500.00 awarded to landlord; Filing Fee: $27.00 awarded to landlord; Pest Control: $345.00 awarded to landlord; Property Damage: $2,090.00 awarded to landlord; Rent Arrears: $2,959.73 awarded to landlord; Rubbish Removal: $2,070.00 awarded to landlord; Water Rates: $1,142.60 awarded to landlord

What type of tenancy dispute was case 5137648?

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

Where can I read the official tribunal order for case 5137648?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/12052282-Tenancy_Tribunal_Order.pdf.

168 Edmonton Road, Te Atatu South, Auckland 0610 Tenancy Tribunal Case 5137648 — Rent arrears

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168 Edmonton Road, Te Atatu South, Auckland 0610 Tenancy Tribunal Case 5137648 — 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 5137648 — net $7,214.33 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears to 01 January 2025	$2,959.73	Rent arrears to 01 January 2025
Water rates	$1,142.60	Water rates
Cleaning	$500.00	Cleaning
Pest control	$345.00	Pest control
Carpets	$1,000.00	Carpets
Repairs; careless damage to walls, paint, blinds, toilet seat, garage door, garden shed, garage remote	$2,090.00	Repairs; careless damage to walls, paint, blinds, toilet seat, garage door, garden shed, garage remote
Rubbish removal	$2,070.00	Rubbish removal
Filing fee reimbursement	$27.00	Filing fee reimbursement
Net award	$7,214.33
Total payable by Tenant to Landlord	$7,214.33

Claims and awards for application 5137648 — net $7,214.33 NZD. Verify on MoJ.

Rent arrears to 01 January 2025

Amount: $2,959.73
Awarded to: Landlord
Reason: Rent arrears to 01 January 2025

Water rates

Amount: $1,142.60
Awarded to: Landlord
Reason: Water rates

Cleaning

Amount: $500.00
Awarded to: Landlord
Reason: Cleaning

Pest control

Amount: $345.00
Awarded to: Landlord
Reason: Pest control

Carpets

Amount: $1,000.00
Awarded to: Landlord
Reason: Carpets

Repairs; careless damage to walls, paint, blinds, toilet seat, garage door, garden shed, garage remote

Claim types — money lines allowed on this order

Cleanliness Filing Fee Pest Control Property damage Rent arrears Rubbish Removal Water Rates

Order

Susan Sefine So'oalo, Melissa So'oalo, Makulino So'oalo and Muafi So'oalo must pay Rentex Ltd As Agent For Peng Zheng $7,214.33 immediately, calculated as shown in table below.
The Bond Centre is to pay the bond of $2,920.00 (5513370-001) to Rentex Ltd As Agent For Peng Zheng immediately.

Reasons

The landlord attended the hearing and was represented by Mr Ge. The tenants did not attend the hearing or request an adjournment. I am satisfied the tenants have been served notice of the hearing in accordance with the Residential Tenancies Act. The hearing was held in the tenants’ 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 landlord produced a record of correspondence with the tenants dated 5 December 2024 showing the tenants giving 28 days’ notice to end the tenancy. The last day for the tenancy was 2 January 2025. The landlord provided rent records and water rates invoices which prove the amount owing at the end of the tenancy was $2,959.73 for rent arrears and $1,142.60 for water rates.

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 landlord produced photographs that show alot of belongings and rubbish, including old wheels and tyres, left behind at the end of the tenancy. The landlord produced an invoice for $2,070.00 for rubbish removal.
The landlord is claiming $920.00 for cleaning. The landlord produced photographs that show the oven to have been left extremely dirty and the house to have been left with very dirty carpets, cupboards and walls.
Having seen the photographs, I am persuaded the premises were not left reasonably clean and tidy. However, I consider the claim to be more than required to bring the premises back to a reasonably clean and tidy standard, which is what is required at the end of the tenancy. I have awarded a reduced amount to account for this. I note the landlord has also made a substantial claim for re-painting upstairs.
The landlord is claiming $345.00 for pest control for fleas and for cockroaches which were present at the end of the tenancy. I have seen a record of correspondence with the tenants in which the tenant accepts they kept dogs, although denies they kept them inside. I am persuaded the premises needed to be treated for fleas and cockroaches.
At the end of the tenancy the tenants did not return the garage remote.
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 is not covered by the landlord's insurance, the tenant's liability is limited to four weeks' rent. See section 49B(3)(b) RTA.
The landlord produced photographs which show significant damage to the carpet, including many small stains and a smaller number of larger stains. The staining appears to be throughout the house. Photographs from the start of the tenancy show the carpet to be somewhat worn and only minimally stained. I determine the damage to the carpets was careless rather than intentional.
The landlord stated the carpet was installed new in February 2020, 22 months before this tenancy began. The carpet was five years old at the end of the tenancy. The landlord produced an invoice for $3,344.37 which was the cost of replacing the carpet.
The landlord is also claiming for three sets of blinds that were removed during the tenancy from around the fireplace, repairing a garage door that was damaged and couldn’t be closed, refixing a shed door, a broken window, a broken toilet seat, two holes in walls downstairs and repainting the upstairs walls due to numerous small holes and marks. Invoices and photographs were produced in support of the claims. I find these claims proved.
I have 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 items at the start of the tenancy and their likely useful lifespan.
The amounts ordered are proved.
Because Rentex Ltd As Agent For Peng Zheng 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 5137648 — net $7,214.33 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears to 01 January 2025	$2,959.73	Rent arrears to 01 January 2025
Water rates	$1,142.60	Water rates
Cleaning	$500.00	Cleaning
Pest control	$345.00	Pest control
Carpets	$1,000.00	Carpets
Repairs; careless damage to walls, paint, blinds, toilet seat, garage door, garden shed, garage remote	$2,090.00	Repairs; careless damage to walls, paint, blinds, toilet seat, garage door, garden shed, garage remote
Rubbish removal	$2,070.00	Rubbish removal
Filing fee reimbursement	$27.00	Filing fee reimbursement
Net award	$7,214.33
Total payable by Tenant to Landlord	$7,214.33

Claims and awards for application 5137648 — net $7,214.33 NZD. Verify on MoJ.

Rent arrears to 01 January 2025

Amount: $2,959.73
Awarded to: Landlord
Reason: Rent arrears to 01 January 2025

Water rates

Amount: $1,142.60
Awarded to: Landlord
Reason: Water rates

Cleaning

Amount: $500.00
Awarded to: Landlord
Reason: Cleaning

Pest control

Amount: $345.00
Awarded to: Landlord
Reason: Pest control

Carpets

Amount: $1,000.00
Awarded to: Landlord
Reason: Carpets

Repairs; careless damage to walls, paint, blinds, toilet seat, garage door, garden shed, garage remote

Claim types — money lines allowed on this order

Cleanliness Filing Fee Pest Control Property damage Rent arrears Rubbish Removal Water Rates

Order

Susan Sefine So'oalo, Melissa So'oalo, Makulino So'oalo and Muafi So'oalo must pay Rentex Ltd As Agent For Peng Zheng $7,214.33 immediately, calculated as shown in table below.
The Bond Centre is to pay the bond of $2,920.00 (5513370-001) to Rentex Ltd As Agent For Peng Zheng immediately.

Reasons

The landlord attended the hearing and was represented by Mr Ge. The tenants did not attend the hearing or request an adjournment. I am satisfied the tenants have been served notice of the hearing in accordance with the Residential Tenancies Act. The hearing was held in the tenants’ 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 landlord produced a record of correspondence with the tenants dated 5 December 2024 showing the tenants giving 28 days’ notice to end the tenancy. The last day for the tenancy was 2 January 2025. The landlord provided rent records and water rates invoices which prove the amount owing at the end of the tenancy was $2,959.73 for rent arrears and $1,142.60 for water rates.

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 landlord produced photographs that show alot of belongings and rubbish, including old wheels and tyres, left behind at the end of the tenancy. The landlord produced an invoice for $2,070.00 for rubbish removal.
The landlord is claiming $920.00 for cleaning. The landlord produced photographs that show the oven to have been left extremely dirty and the house to have been left with very dirty carpets, cupboards and walls.
Having seen the photographs, I am persuaded the premises were not left reasonably clean and tidy. However, I consider the claim to be more than required to bring the premises back to a reasonably clean and tidy standard, which is what is required at the end of the tenancy. I have awarded a reduced amount to account for this. I note the landlord has also made a substantial claim for re-painting upstairs.
The landlord is claiming $345.00 for pest control for fleas and for cockroaches which were present at the end of the tenancy. I have seen a record of correspondence with the tenants in which the tenant accepts they kept dogs, although denies they kept them inside. I am persuaded the premises needed to be treated for fleas and cockroaches.
At the end of the tenancy the tenants did not return the garage remote.
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 is not covered by the landlord's insurance, the tenant's liability is limited to four weeks' rent. See section 49B(3)(b) RTA.
The landlord produced photographs which show significant damage to the carpet, including many small stains and a smaller number of larger stains. The staining appears to be throughout the house. Photographs from the start of the tenancy show the carpet to be somewhat worn and only minimally stained. I determine the damage to the carpets was careless rather than intentional.
The landlord stated the carpet was installed new in February 2020, 22 months before this tenancy began. The carpet was five years old at the end of the tenancy. The landlord produced an invoice for $3,344.37 which was the cost of replacing the carpet.
The landlord is also claiming for three sets of blinds that were removed during the tenancy from around the fireplace, repairing a garage door that was damaged and couldn’t be closed, refixing a shed door, a broken window, a broken toilet seat, two holes in walls downstairs and repainting the upstairs walls due to numerous small holes and marks. Invoices and photographs were produced in support of the claims. I find these claims proved.
I have 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 items at the start of the tenancy and their likely useful lifespan.
The amounts ordered are proved.
Because Rentex Ltd As Agent For Peng Zheng has substantially succeeded with the claim I have reimbursed the filing fee.

Tenancy Tribunal case 5137648 — Rent arrears at 168 Edmonton Road, Te Atatu South, Auckland 0610

At a glance

Tenancy Tribunal case 5137648 — Rent arrears at 168 Edmonton Road, Te Atatu South, Auckland 0610

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

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