How much money was awarded in case 5148292?

Cleaning: $950.00 awarded to landlord; Filing Fee: $27.00 awarded to landlord; Lawns and Garden Work: $783.15 awarded to landlord; Property Damage: $310.50 awarded to landlord; Rent Arrears: $935.71 awarded to landlord; Rubbish Removal: $970.00 awarded to landlord; Water Rates: $183.01 awarded to landlord

What type of tenancy dispute was case 5148292?

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

Where can I read the official tribunal order for case 5148292?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/11708107-Tribunal_Order_Redacted.pdf.

How much money was awarded in case 5148292?

Cleaning: $950.00 awarded to landlord; Filing Fee: $27.00 awarded to landlord; Lawns and Garden Work: $783.15 awarded to landlord; Property Damage: $310.50 awarded to landlord; Rent Arrears: $935.71 awarded to landlord; Rubbish Removal: $970.00 awarded to landlord; Water Rates: $183.01 awarded to landlord

What type of tenancy dispute was case 5148292?

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

Where can I read the official tribunal order for case 5148292?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/11708107-Tribunal_Order_Redacted.pdf.

8 Oreil Avenue, West Harbour, Auckland 0618 Tenancy Tribunal Case 5148292 — Cleanliness

Q: What was Tenancy Tribunal case 5148292 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 5148292 — net $2,039.37 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears	$935.71	Rent arrears
Filing fee reimbursement	$27.00	Filing fee reimbursement
Water rates	$183.01	Water rates
Rubbish removal	$970.00	Rubbish removal
Window repairs	$310.50	Window repairs
Lawns and Garden work	$783.15	Lawns and Garden work
Cleaning: General cleaning and appliances	$950.00	Cleaning: General cleaning and appliances
Net award	$2,039.37
Total payable by Tenant to Landlord	$2,039.37

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

Jonathan Fili and Julia Sauvao must pay [The landlord/s] $2,039.37 immediately, being rent arrears to 19 December 2024, reimbursement of filing fee, water bills, compensation as calculated and shown below: DescriptionLandlord Rent arrears$935.71 Filing fee reimbursement$27.00 Water rates$183.01 Rubbish removal$970.00 Window repairs$310.50 Lawns and Garden work$783.15 Cleaning: General cleaning and appliances$950.00 Total award$4,159.37 Minus Bond-$2,120.00 Total payable by Tenant to Landlord$2,039.37

The Bond Centre is to pay the bond of $2,120.00 ([Bond number suppressed]) to [The landlord/s] immediately.

Reasons

The landlord attended the hearing, the tenants did not attend.

I have checked and the tenants were served with a notice of hearing and have not sought an adjournment of the hearing. I am proceeding with the hearing in the absence of the tenants.

The landlord has applied for rent arrears, compensation, refund of the bond, and reimbursement of the filing fee following the end of the tenancy. Rent arrears:

The landlord has applied for rent arrears and has provided rent records which prove the amount of $935.71 owing as of the 19 th of December 2024.

I am satisfied that the landlord has proven their claim for rent arrears.

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 landlord has provided the Tribunal with photos and a pre let and exit inspection reports. The photos show that the tenants did not leave the place reasonably clean and tidy. There was rubbish and possessions left in the cupboards and wardrobes throughout the house, the stove and dishwasher were dirty. The rubbish was extensive and spread inside, outside and under the house.

The landlord provided invoices from Trash Brothers dated 27 December 2024 for skip bins and labour to remove the rubbish, an invoice from Oven and Shower High pressure Steam Cleaning dated 23 January 2025 for $180.00, an invoice from Neat Freak for $770.00 for the cost of the full house clean, and a quote from Auckland Gardens Services for $783.15 to do the lawn and garden maintenance.

I am satisfied from the evidence I have read and seen in the photos and exit reports that the landlord has proven these claims.

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 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 Kock [2019] NZHC 1541.

The tenants broke a window in the master bedroom during the tenancy. The damage is more than fair wear and tear, and the tenant has not disproved liability for the damage.

The landlord has provided a photo of the broken window and an invoice for $310.50 to replace and install the glass.

I am satisfied that the landlord has proven their claim for window repairs.

The amounts ordered are proved.

Because [The applicant/s] has wholly succeeded with the claim I must reimburse the filing fee.

The bond centre is to refund the bond to the landlord immediately to offset the debt owed by the tenants to the landlord.

As the landlord has applied for suppression of their name and details, and have been successful with their claims, I am granting suppression for the landlord.

Claims and awards in Tenancy Tribunal application 5148292 — net $2,039.37 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears	$935.71	Rent arrears
Filing fee reimbursement	$27.00	Filing fee reimbursement
Water rates	$183.01	Water rates
Rubbish removal	$970.00	Rubbish removal
Window repairs	$310.50	Window repairs
Lawns and Garden work	$783.15	Lawns and Garden work
Cleaning: General cleaning and appliances	$950.00	Cleaning: General cleaning and appliances
Net award	$2,039.37
Total payable by Tenant to Landlord	$2,039.37

Order

An application for suppression has been made in this case, and the Tribunal orders suppression of the Landlords name and identifying details.
Jonathan Fili and Julia Sauvao must pay [The landlord/s] $2,039.37 immediately, being rent arrears to 19 December 2024, reimbursement of filing fee, water bills, compensation as calculated and shown below: DescriptionLandlord Rent arrears$935.71 Filing fee reimbursement$27.00 Water rates$183.01 Rubbish removal$970.00 Window repairs$310.50 Lawns and Garden work$783.15 Cleaning: General cleaning and appliances$950.00 Total award$4,159.37 Minus Bond-$2,120.00 Total payable by Tenant to Landlord$2,039.37
The Bond Centre is to pay the bond of $2,120.00 ([Bond number suppressed]) to [The landlord/s] immediately.

Reasons

The landlord attended the hearing, the tenants did not attend.
I have checked and the tenants were served with a notice of hearing and have not sought an adjournment of the hearing. I am proceeding with the hearing in the absence of the tenants.
The landlord has applied for rent arrears, compensation, refund of the bond, and reimbursement of the filing fee following the end of the tenancy. Rent arrears:
The landlord has applied for rent arrears and has provided rent records which prove the amount of $935.71 owing as of the 19 th of December 2024.
I am satisfied that the landlord has proven their claim for rent arrears.

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 landlord has provided the Tribunal with photos and a pre let and exit inspection reports. The photos show that the tenants did not leave the place reasonably clean and tidy. There was rubbish and possessions left in the cupboards and wardrobes throughout the house, the stove and dishwasher were dirty. The rubbish was extensive and spread inside, outside and under the house.
The landlord provided invoices from Trash Brothers dated 27 December 2024 for skip bins and labour to remove the rubbish, an invoice from Oven and Shower High pressure Steam Cleaning dated 23 January 2025 for $180.00, an invoice from Neat Freak for $770.00 for the cost of the full house clean, and a quote from Auckland Gardens Services for $783.15 to do the lawn and garden maintenance.
I am satisfied from the evidence I have read and seen in the photos and exit reports that the landlord has proven these claims.
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 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 Kock [2019] NZHC 1541.
The tenants broke a window in the master bedroom during the tenancy. The damage is more than fair wear and tear, and the tenant has not disproved liability for the damage.
The landlord has provided a photo of the broken window and an invoice for $310.50 to replace and install the glass.
I am satisfied that the landlord has proven their claim for window repairs.
The amounts ordered are proved.
Because [The applicant/s] has wholly succeeded with the claim I must reimburse the filing fee.
The bond centre is to refund the bond to the landlord immediately to offset the debt owed by the tenants to the landlord.
As the landlord has applied for suppression of their name and details, and have been successful with their claims, I am granting suppression for the landlord.

Tenancy Tribunal case 5148292 — Cleanliness at 8 Oreil Avenue, West Harbour, Auckland 0618

At a glance

Tenancy Tribunal case 5148292 — Cleanliness at 8 Oreil Avenue, West Harbour, Auckland 0618

At a glance

Award balance

Claims & awards

Order

Reasons

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

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