How much money was awarded in case 5138168?

Cleaning: $400.00 awarded to landlord; Eviction Order Enforcement Fee: $258.00 awarded to landlord; Filing Fee: $27.00 awarded to landlord; Lawns and Garden Work: $200.00 awarded to landlord; Previous Order Application 4979148 D…: $3,671.00 awarded to landlord; Property Damage: $224.25 awarded to landlord; Rent Arrears: $1,440.00 awarded to landlord; Hole In Bedroom Wall: $250.00 awarded to landlord; Rubbish Removal: $349.00 awarded to landlord

What type of tenancy dispute was case 5138168?

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

Where can I read the official tribunal order for case 5138168?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/11783792-Tribunal_Order_Redacted.pdf.

How much money was awarded in case 5138168?

Cleaning: $400.00 awarded to landlord; Eviction Order Enforcement Fee: $258.00 awarded to landlord; Filing Fee: $27.00 awarded to landlord; Lawns and Garden Work: $200.00 awarded to landlord; Previous Order Application 4979148 D…: $3,671.00 awarded to landlord; Property Damage: $224.25 awarded to landlord; Rent Arrears: $1,440.00 awarded to landlord; Hole In Bedroom Wall: $250.00 awarded to landlord; Rubbish Removal: $349.00 awarded to landlord

What type of tenancy dispute was case 5138168?

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

Where can I read the official tribunal order for case 5138168?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/11783792-Tribunal_Order_Redacted.pdf.

38A Farrand Road, Kumeu, RD 1, Kumeu 0891 Tenancy Tribunal Case 5138168 — Rent arrears

Q: What was Tenancy Tribunal case 5138168 about?

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

Order

Claims and awards in Tenancy Tribunal application 5138168 — net $6,819.25 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears 5/11 to 29/11/2024	$1,440.00	Rent arrears 5/11 to 29/11/2024
Previous order application 4979148 dated 04/11/2024	$3,671.00	Previous order application 4979148 dated 04/11/2024
Eviction order enforcement fee	$258.00	Eviction order enforcement fee
Lock/key replacement	$224.25	Lock/key replacement
Repairs: hole in bedroom wall	$250.00	Repairs: hole in bedroom wall
Rubbish removal	$349.00	Rubbish removal
Lawns and Garden work	$200.00	Lawns and Garden work
Cleaning	$400.00	Cleaning
Filing fee reimbursement	$27.00	Filing fee reimbursement
Net award	$6,819.25
Total payable by Tenant to Landlord	$6,819.25

An application for suppression has been made in this case, and the Tribunal orders suppression of the landlord’s name and identifying details.

Joseph Raihania Xavier Lipa-Patau must pay [The landlord/s] $6,819.25 immediately, calculated as shown in table below.

This order incorporates the Tribunal order made on [Date] under application [Number].

Reasons

Only the applicant landlord attended the hearing. The tenant did not join the video meeting and could not be contacted by phone.

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?

The tenancy ended on 29/11/2024 when the bailiff’s evicted the tenant as they had failed to leave as required by a Tribunal Order terminating the tenancy on 4/11/2024. The landlord provided rent records which prove the amount owing at the end of the tenancy. The previous Tribunal Order 4979148 dated 04/11/2024, is incorporated for enforcement purposes. The additional rent is awarded and the tenant is to pay the fee associated with the bailiff attending the property.

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, which the tenant was required to mow and keep tidy were very overgrown.

The tenant did not return the keys.

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.

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: a large hole in the bedroom wall needed to be repaired. The damage is more than fair wear and tear, and the tenant has not disproved liability for the damage.

The amounts ordered are proved.

I have not taken into account betterment and depreciation. The award is for repair costs only.

The landlord’s claim for exemplary damages on the basis that the tenant had a dog at the premises in breach of the tenancy agreement (and the dog caused disruption to neighbours and injured a neighbour) is dismissed. While the Tribunal would almost certainly end a tenancy on those grounds, and would award compensation for any loss, there is no exemplary damages associated with a s 56 breach per se. It is unclear in fact, that the dog belonged to the tenant. He advised the property manager he was only looking after it. There is also insufficient clear evidence of unlawful activity associated with the dog.

Because [The applicant/s] has wholly succeeded with the claim I must reimburse the filing fee and approve the requested name suppression.

The public interest clearly requires that the tenant’s name is published.

Claims and awards in Tenancy Tribunal application 5138168 — net $6,819.25 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears 5/11 to 29/11/2024	$1,440.00	Rent arrears 5/11 to 29/11/2024
Previous order application 4979148 dated 04/11/2024	$3,671.00	Previous order application 4979148 dated 04/11/2024
Eviction order enforcement fee	$258.00	Eviction order enforcement fee
Lock/key replacement	$224.25	Lock/key replacement
Repairs: hole in bedroom wall	$250.00	Repairs: hole in bedroom wall
Rubbish removal	$349.00	Rubbish removal
Lawns and Garden work	$200.00	Lawns and Garden work
Cleaning	$400.00	Cleaning
Filing fee reimbursement	$27.00	Filing fee reimbursement
Net award	$6,819.25
Total payable by Tenant to Landlord	$6,819.25

Order

An application for suppression has been made in this case, and the Tribunal orders suppression of the landlord’s name and identifying details.
Joseph Raihania Xavier Lipa-Patau must pay [The landlord/s] $6,819.25 immediately, calculated as shown in table below.
This order incorporates the Tribunal order made on [Date] under application [Number].

Reasons

Only the applicant landlord attended the hearing. The tenant did not join the video meeting and could not be contacted by phone.
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?

The tenancy ended on 29/11/2024 when the bailiff’s evicted the tenant as they had failed to leave as required by a Tribunal Order terminating the tenancy on 4/11/2024. The landlord provided rent records which prove the amount owing at the end of the tenancy. The previous Tribunal Order 4979148 dated 04/11/2024, is incorporated for enforcement purposes. The additional rent is awarded and the tenant is to pay the fee associated with the bailiff attending the property.

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, which the tenant was required to mow and keep tidy were very overgrown.
The tenant did not return the keys.
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.
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: a large hole in the bedroom wall needed to be repaired. The damage is more than fair wear and tear, and the tenant has not disproved liability for the damage.
The amounts ordered are proved.
I have not taken into account betterment and depreciation. The award is for repair costs only.
The landlord’s claim for exemplary damages on the basis that the tenant had a dog at the premises in breach of the tenancy agreement (and the dog caused disruption to neighbours and injured a neighbour) is dismissed. While the Tribunal would almost certainly end a tenancy on those grounds, and would award compensation for any loss, there is no exemplary damages associated with a s 56 breach per se. It is unclear in fact, that the dog belonged to the tenant. He advised the property manager he was only looking after it. There is also insufficient clear evidence of unlawful activity associated with the dog.
Because [The applicant/s] has wholly succeeded with the claim I must reimburse the filing fee and approve the requested name suppression.
The public interest clearly requires that the tenant’s name is published.

Tenancy Tribunal case 5138168 — Rent arrears at 38A Farrand Road, Kumeu, RD 1, Kumeu 0891

At a glance

Tenancy Tribunal case 5138168 — Rent arrears at 38A Farrand Road, Kumeu, RD 1, Kumeu 0891

At a glance

Award balance

Claims & awards

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?

Topics & place

Residential Tenancies Act sections

Key findings

Frequently asked questions

Award balance

Claims & awards

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?

Topics & place

Residential Tenancies Act sections

Key findings

Frequently asked questions