What was the outcome of Tenancy Tribunal case 5139713?

The tribunal order states: Zoe Stewart must pay Sean Whatanui Kereama and Janine Elizabeth Kereama

How much money was awarded in case 5139713?

Cleaning: $345.00 awarded to landlord; Cleaning: $500.00 awarded to landlord; Filing Fee: $27.00 awarded to landlord; Rent Arrears: $3,900.00 awarded to landlord; Blocked Drain: $175.38 awarded to landlord

What type of tenancy dispute was case 5139713?

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

Where can I read the official tribunal order for case 5139713?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/11714601-Tenancy_Tribunal_Order.pdf.

What was the outcome of Tenancy Tribunal case 5139713?

The tribunal order states: Zoe Stewart must pay Sean Whatanui Kereama and Janine Elizabeth Kereama

How much money was awarded in case 5139713?

Cleaning: $345.00 awarded to landlord; Cleaning: $500.00 awarded to landlord; Filing Fee: $27.00 awarded to landlord; Rent Arrears: $3,900.00 awarded to landlord; Blocked Drain: $175.38 awarded to landlord

What type of tenancy dispute was case 5139713?

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

Where can I read the official tribunal order for case 5139713?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/11714601-Tenancy_Tribunal_Order.pdf.

42 Puriri Terrace, Roslyn, Palmerston North 4414 Tenancy Tribunal Case 5139713 — Rent arrears

Reasons

Claims and awards in Tenancy Tribunal application 5139713 — net $2,997.38 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears to 17/1/25	$3,900.00	Rent arrears to 17/1/25
Cleaning	$500.00	Cleaning
Carpet Cleaning	$345.00	Carpet Cleaning
Repairs: Blocked drain	$175.38	Repairs: Blocked drain
Filing fee reimbursement	$27.00	Filing fee reimbursement
Net award	$2,997.38
Total payable by Tenant to Landlord	$2,997.38

The landlords attended the hearing by video call.

The tenant was telephoned on the phone number provided but the phone call went unanswered. I am satisfied the tenant was properly served with notice of the hearing. The hearing proceeded in her 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?

The tenancy ended on 17/1/25. 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. 1

The tenant did not leave the premises reasonably clean and tidy.

The landlord’s evidence was that the property was dirty throughout, that the carpets were dirty and stained and that surfaces and walls were dirty and marked. General cleaning and carpet cleaning was required.

I have largely reimbursed the landlord’s cleaning costs but made a small deduction as the tenant is only required to ensure they leave the premises in a reasonably tidy condition. The tenant was close to this standard however surfaces did require a further clean. The claim for the exterior building wash was withdrawn.

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. 2

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). 3 1 See section 40(1)(e)(ii)-(v) Residential Tenancies Act 1986. 2 See sections 40(2)(a), 41 and 49B RTA. 3 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). 4 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. 5

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. 6

The following damage was caused during the tenancy: The gully trap was blocked and required unblocking by a plumber. The damage is more than fair wear and tear, and the tenant has not disproved liability for the damage.

The amount ordered is proved. Filing fee

Because the landlord has substantially succeeded with the claim I have reimbursed the filing fee. Bond

The bond is to be paid to the landlord immediately to offset the amounts ordered. Suppression

The landlord did not seek name suppression.

Claims and awards in Tenancy Tribunal application 5139713 — net $2,997.38 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears to 17/1/25	$3,900.00	Rent arrears to 17/1/25
Cleaning	$500.00	Cleaning
Carpet Cleaning	$345.00	Carpet Cleaning
Repairs: Blocked drain	$175.38	Repairs: Blocked drain
Filing fee reimbursement	$27.00	Filing fee reimbursement
Net award	$2,997.38
Total payable by Tenant to Landlord	$2,997.38

Order

Zoe Stewart must pay Sean Whatanui Kereama and Janine Elizabeth Kereama $2,997.38 immediately, calculated as shown in table below.
The Bond Centre is to pay the bond of $1,950.00 (3186813-004) to Sean Whatanui Kereama and Janine Elizabeth Kereama immediately.

Reasons

The landlords attended the hearing by video call.
The tenant was telephoned on the phone number provided but the phone call went unanswered. I am satisfied the tenant was properly served with notice of the hearing. The hearing proceeded in her 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?

The tenancy ended on 17/1/25. 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. 1
The tenant did not leave the premises reasonably clean and tidy.
The landlord’s evidence was that the property was dirty throughout, that the carpets were dirty and stained and that surfaces and walls were dirty and marked. General cleaning and carpet cleaning was required.
I have largely reimbursed the landlord’s cleaning costs but made a small deduction as the tenant is only required to ensure they leave the premises in a reasonably tidy condition. The tenant was close to this standard however surfaces did require a further clean. The claim for the exterior building wash was withdrawn.
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. 2
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). 3 1 See section 40(1)(e)(ii)-(v) Residential Tenancies Act 1986. 2 See sections 40(2)(a), 41 and 49B RTA. 3 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). 4 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. 5
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. 6
The following damage was caused during the tenancy: The gully trap was blocked and required unblocking by a plumber. The damage is more than fair wear and tear, and the tenant has not disproved liability for the damage.
The amount ordered is proved. Filing fee
Because the landlord has substantially succeeded with the claim I have reimbursed the filing fee. Bond
The bond is to be paid to the landlord immediately to offset the amounts ordered. Suppression
The landlord did not seek name suppression.

Tenancy Tribunal case 5139713 — Rent arrears at 42 Puriri Terrace, Roslyn, Palmerston North 4414

At a glance

Tenancy Tribunal case 5139713 — Rent arrears at 42 Puriri Terrace, Roslyn, Palmerston North 4414

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