What was the outcome of Tenancy Tribunal case 5147592?

The tribunal order states: The Bond Centre is to pay the bond of $2,340.00 (3040345-012) to Auckland

How much money was awarded in case 5147592?

Cleaning: $563.50 awarded to landlord; Filing Fee: $27.00 awarded to landlord; Flea Treatment: $276.00 awarded to landlord; Property Damage: $172.50 awarded to landlord; Rent Arrears: $880.76 awarded to landlord; Replace Underfloor Insulation: $2,213.75 awarded to landlord; Rubbish Removal: $1,380.00 awarded to landlord; Water Rates: $1,665.27 awarded to landlord

What type of tenancy dispute was case 5147592?

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

Where can I read the official tribunal order for case 5147592?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/11730431-Tenancy_Tribunal_Order.pdf.

What was the outcome of Tenancy Tribunal case 5147592?

The tribunal order states: The Bond Centre is to pay the bond of $2,340.00 (3040345-012) to Auckland

How much money was awarded in case 5147592?

Cleaning: $563.50 awarded to landlord; Filing Fee: $27.00 awarded to landlord; Flea Treatment: $276.00 awarded to landlord; Property Damage: $172.50 awarded to landlord; Rent Arrears: $880.76 awarded to landlord; Replace Underfloor Insulation: $2,213.75 awarded to landlord; Rubbish Removal: $1,380.00 awarded to landlord; Water Rates: $1,665.27 awarded to landlord

What type of tenancy dispute was case 5147592?

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

Where can I read the official tribunal order for case 5147592?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/11730431-Tenancy_Tribunal_Order.pdf.

33 McBurney Place, Mangere East, Auckland 2024 Tenancy Tribunal Case 5147592 — Rent arrears

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33 McBurney Place, Mangere East, Auckland 2024 Tenancy Tribunal Case 5147592 — 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 5147592 — net $4,838.78 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears to 30 December 2024	$880.76	Rent arrears to 30 December 2024
Water rates to 30 December 2024	$1,665.27	Water rates to 30 December 2024
Cleaning	$563.50	Cleaning
Rubbish removal	$1,380.00	Rubbish removal
Lock/key replacement	$172.50	Lock/key replacement
flea treatment	$276.00	flea treatment
Replace underfloor insulation	$2,213.75	Replace underfloor insulation
Filing fee reimbursement	$27.00	lly successful in their claim and I have therefore reimbursed the filing fee of $27.00.
Net award	$4,838.78
Total payable by Tenant to Landlord	$4,838.78

Claims and awards for application 5147592 — net $4,838.78 NZD. Verify on MoJ.

Rent arrears to 30 December 2024

Amount: $880.76
Awarded to: Landlord
Reason: Rent arrears to 30 December 2024

Water rates to 30 December 2024

Amount: $1,665.27
Awarded to: Landlord
Reason: Water rates to 30 December 2024

Cleaning

Amount: $563.50
Awarded to: Landlord
Reason: Cleaning

Rubbish removal

Amount: $1,380.00
Awarded to: Landlord
Reason: Rubbish removal

Lock/key replacement

Amount: $172.50
Awarded to: Landlord
Reason: Lock/key replacement

Dismissed claims

Property Damage — Insulation __________________________________________________________________________________ 51475924

Claim types — money lines allowed on this order

Cleanliness Filing Fee Property damage Rent arrears Rubbish Removal Water Rates

Order

The Bond Centre is to pay the bond of $2,340.00 (3040345-012) to Auckland Property Management Limited immediately.
Larissa Te Rore-Ngata and Zeppelin Heremaia-Clark must pay Auckland Property Management Limited $4,838.78 immediately, calculated as shown in table below.

Reasons

Only the landlord attended the hearing, represented by Ms Qi and Ms Qin.
The landlord has applied for rent arrears, water arrears, compensation for cleaning, rubbish removal and damage, refund of the bond, and reimbursement of the filing fee following the end of the tenancy.
This tenancy began on 12 September 2020.

How much is owed for rent and water rates?

The tenancy ended on 30 December 2024. Ms Qi advised that the tenants only gave two-weeks notice but that she accepted that notice and only seeks rent up to 30 December 2024.
The landlord produced a rent summary proving that the amount to 30 December 2024 was $880.76. This claim is proved.
The landlord said that the tenant was in water arrears to much of the tenancy. The landlord produced all water invoices, a photo of the water meter final reading and a tenancy ledger proving that the sum of $1665.27 was 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 did not leave the premises reasonably clean and tidy, and did not remove all rubbish.
The landlord produced photos proving that the tenants did not leave the property reasonably clean and tidy. The photos show a kitchen cupboard full of old food and a dead rat, flies all over the floor together with marks and spillages, various marks, scribble and paint on the walls and dirty windowsills and skirtings.
The landlord produced an invoice for cleaning in the amount of $563.50 which I consider reasonable given the amount of cleaning required. This claim is proved.
The landlord said that the tenants had a dog at the property without their permission and gave notice when they were issued with a 14-day notice to remove the dog. However at the end of the tenancy the landlord found that the property was infested with fleas. The landlord produced three photos showing fleas all over her feet and legs when inspecting the property.
The landlord produced an invoice in the amount of $276.00 for flea treatment. This claim is proved.
The landlord also produced photos showing that the tenants left various items throughout the house but a large number of full black rubbish bags in the garden and an entire garage filled with rubbish and miscellaneous items.
The landlord produced an invoice in the amount of $1,380.00 which I consider reasonable given the amount of rubbish left behind. This claim is proved.
The tenants did not return the keys. The Tenancy Agreement records at clause 27 that the tenants received two keys for both the front and back doors and one key for the garage.
The landlord has changed the front and back door locks and produced an invoice in the amount of $172.50 for changing the locks. This claim is 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. Internal damage
The landlord said that the tenant had damaged a light (the batten holder), made large holes in a bedroom door, cut a hole in the laundry wall by the washing machine, broke a door frame and the architrave was missing and left screws and fittings on a various walls.
The landlord produced photos of the damage and an invoice in the amount of $69.67 for repair of the batten holder and $787.50 for the other repairs. However there were no entry inspection photos showing the condition at the start of the tenancy. Ms Qi explained that that she had taken over management of the property and so there were no entry inspection photos available.
In the circumstances I am unable to find that the damage occurred during the tenancy, particularly as the photos show that the property is fairly old and run down.
The claim for the internal damage is dismissed. Insulation
The landlord said that the underfloor insulation in the basement area of the house was completely removed and torn up during the tenancy. The landlord suggested that the damage was likely caused by the tenants keeping a dog in the basement.
The landlord said that the insulation was installed prior to the start of the tenancy but to be completely replaced and produced an invoice in the amount of $2,213.75 for replacement insulation.
Ms Qi referred me to the Tenancy Agreement which records that the property has R1.8 GreenStuf underfloor insulation in the underfloor cavity. The landlord produced photos of the basement area showing that the insulation has come away completely and has been torn into small section and strewn around the basement.
I find it proved on the balance of probabilities that the damage to the insulation occurred during the tenancy. The insulation was fairly new and so no it is not appropriate to depreciate the amount claimed. This claim is proved. Filing fee and name suppression
The landlord has been substantially successful in their claim and I have therefore reimbursed the filing fee of $27.00.
The landlord did not seek an order for name suppression.

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 5147592 — net $4,838.78 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears to 30 December 2024	$880.76	Rent arrears to 30 December 2024
Water rates to 30 December 2024	$1,665.27	Water rates to 30 December 2024
Cleaning	$563.50	Cleaning
Rubbish removal	$1,380.00	Rubbish removal
Lock/key replacement	$172.50	Lock/key replacement
flea treatment	$276.00	flea treatment
Replace underfloor insulation	$2,213.75	Replace underfloor insulation
Filing fee reimbursement	$27.00	lly successful in their claim and I have therefore reimbursed the filing fee of $27.00.
Net award	$4,838.78
Total payable by Tenant to Landlord	$4,838.78

Claims and awards for application 5147592 — net $4,838.78 NZD. Verify on MoJ.

Rent arrears to 30 December 2024

Amount: $880.76
Awarded to: Landlord
Reason: Rent arrears to 30 December 2024

Water rates to 30 December 2024

Amount: $1,665.27
Awarded to: Landlord
Reason: Water rates to 30 December 2024

Cleaning

Amount: $563.50
Awarded to: Landlord
Reason: Cleaning

Rubbish removal

Amount: $1,380.00
Awarded to: Landlord
Reason: Rubbish removal

Lock/key replacement

Amount: $172.50
Awarded to: Landlord
Reason: Lock/key replacement

Dismissed claims

Property Damage — Insulation __________________________________________________________________________________ 51475924

Claim types — money lines allowed on this order

Cleanliness Filing Fee Property damage Rent arrears Rubbish Removal Water Rates

Order

The Bond Centre is to pay the bond of $2,340.00 (3040345-012) to Auckland Property Management Limited immediately.
Larissa Te Rore-Ngata and Zeppelin Heremaia-Clark must pay Auckland Property Management Limited $4,838.78 immediately, calculated as shown in table below.

Reasons

Only the landlord attended the hearing, represented by Ms Qi and Ms Qin.
The landlord has applied for rent arrears, water arrears, compensation for cleaning, rubbish removal and damage, refund of the bond, and reimbursement of the filing fee following the end of the tenancy.
This tenancy began on 12 September 2020.

How much is owed for rent and water rates?

The tenancy ended on 30 December 2024. Ms Qi advised that the tenants only gave two-weeks notice but that she accepted that notice and only seeks rent up to 30 December 2024.
The landlord produced a rent summary proving that the amount to 30 December 2024 was $880.76. This claim is proved.
The landlord said that the tenant was in water arrears to much of the tenancy. The landlord produced all water invoices, a photo of the water meter final reading and a tenancy ledger proving that the sum of $1665.27 was 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 did not leave the premises reasonably clean and tidy, and did not remove all rubbish.
The landlord produced photos proving that the tenants did not leave the property reasonably clean and tidy. The photos show a kitchen cupboard full of old food and a dead rat, flies all over the floor together with marks and spillages, various marks, scribble and paint on the walls and dirty windowsills and skirtings.
The landlord produced an invoice for cleaning in the amount of $563.50 which I consider reasonable given the amount of cleaning required. This claim is proved.
The landlord said that the tenants had a dog at the property without their permission and gave notice when they were issued with a 14-day notice to remove the dog. However at the end of the tenancy the landlord found that the property was infested with fleas. The landlord produced three photos showing fleas all over her feet and legs when inspecting the property.
The landlord produced an invoice in the amount of $276.00 for flea treatment. This claim is proved.
The landlord also produced photos showing that the tenants left various items throughout the house but a large number of full black rubbish bags in the garden and an entire garage filled with rubbish and miscellaneous items.
The landlord produced an invoice in the amount of $1,380.00 which I consider reasonable given the amount of rubbish left behind. This claim is proved.
The tenants did not return the keys. The Tenancy Agreement records at clause 27 that the tenants received two keys for both the front and back doors and one key for the garage.
The landlord has changed the front and back door locks and produced an invoice in the amount of $172.50 for changing the locks. This claim is 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. Internal damage
The landlord said that the tenant had damaged a light (the batten holder), made large holes in a bedroom door, cut a hole in the laundry wall by the washing machine, broke a door frame and the architrave was missing and left screws and fittings on a various walls.
The landlord produced photos of the damage and an invoice in the amount of $69.67 for repair of the batten holder and $787.50 for the other repairs. However there were no entry inspection photos showing the condition at the start of the tenancy. Ms Qi explained that that she had taken over management of the property and so there were no entry inspection photos available.
In the circumstances I am unable to find that the damage occurred during the tenancy, particularly as the photos show that the property is fairly old and run down.
The claim for the internal damage is dismissed. Insulation
The landlord said that the underfloor insulation in the basement area of the house was completely removed and torn up during the tenancy. The landlord suggested that the damage was likely caused by the tenants keeping a dog in the basement.
The landlord said that the insulation was installed prior to the start of the tenancy but to be completely replaced and produced an invoice in the amount of $2,213.75 for replacement insulation.
Ms Qi referred me to the Tenancy Agreement which records that the property has R1.8 GreenStuf underfloor insulation in the underfloor cavity. The landlord produced photos of the basement area showing that the insulation has come away completely and has been torn into small section and strewn around the basement.
I find it proved on the balance of probabilities that the damage to the insulation occurred during the tenancy. The insulation was fairly new and so no it is not appropriate to depreciate the amount claimed. This claim is proved. Filing fee and name suppression
The landlord has been substantially successful in their claim and I have therefore reimbursed the filing fee of $27.00.
The landlord did not seek an order for name suppression.

Tenancy Tribunal case 5147592 — Rent arrears at 33 McBurney Place, Mangere East, Auckland 2024

At a glance

Tenancy Tribunal case 5147592 — Rent arrears at 33 McBurney Place, Mangere East, Auckland 2024

At a glance

Award balance

Claims & awards

Dismissed claims

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

Dismissed claims

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