What was the outcome of Tenancy Tribunal case 5149113?

The tribunal order states: Jakeb Atutahi Kapakai Bishop must pay Watson Real Estate Limited - As Agent

How much money was awarded in case 5149113?

Cleaning: $178.25 awarded to landlord; Cleaning: $75.00 awarded to landlord; Filing Fee: $27.00 awarded to landlord; Previous Order Application 5047450 D…: $441.29 awarded to landlord; Property Damage: $150.00 awarded to landlord; Fan And Heater: $407.76 awarded to landlord; Rubbish Removal: $125.00 awarded to landlord; Rubbish Removal: $46.50 awarded to landlord; Water Rates: $16.68 awarded to landlord

What type of tenancy dispute was case 5149113?

The primary dispute was Property damage. Related themes: Cleanliness.

Where can I read the official tribunal order for case 5149113?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/11468449-Tenancy_Tribunal_Order.pdf.

What was the outcome of Tenancy Tribunal case 5149113?

The tribunal order states: Jakeb Atutahi Kapakai Bishop must pay Watson Real Estate Limited - As Agent

How much money was awarded in case 5149113?

Cleaning: $178.25 awarded to landlord; Cleaning: $75.00 awarded to landlord; Filing Fee: $27.00 awarded to landlord; Previous Order Application 5047450 D…: $441.29 awarded to landlord; Property Damage: $150.00 awarded to landlord; Fan And Heater: $407.76 awarded to landlord; Rubbish Removal: $125.00 awarded to landlord; Rubbish Removal: $46.50 awarded to landlord; Water Rates: $16.68 awarded to landlord

What type of tenancy dispute was case 5149113?

The primary dispute was Property damage. Related themes: Cleanliness.

Where can I read the official tribunal order for case 5149113?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/11468449-Tenancy_Tribunal_Order.pdf.

Unit/Flat Flat 2, 11 Waerenga Road, Otaki, Otaki 5512 Tenancy Tribunal Case 5149113 — Property damage

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Unit/Flat Flat 2, 11 Waerenga Road, Otaki, Otaki 5512 Tenancy Tribunal Case 5149113 — Property damage | 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 5149113 — net $1,467.48 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Previous order application 5047450 dated 10/12/2024	$441.29	Previous order application 5047450 dated 10/12/2024
Filing fee reimbursement	$27.00	Filing fee reimbursement
Carpet Cleaning	$178.25	Carpet Cleaning
Cleaning	$75.00	Cleaning
Rubbish removal: tip fee	$46.50	Rubbish removal: tip fee
Rubbish removal: 5 hours	$125.00	Rubbish removal: 5 hours
Water rates	$16.68	Water rates
Window and door repair	$150.00	Window and door repair
Repairs: Fan and heater	$407.76	Repairs: Fan and heater
Net award	$1,467.48
Total payable by Tenant to Landlord	$1,467.48

Claims and awards for application 5149113 — net $1,467.48 NZD. Verify on MoJ.

Previous order application 5047450 dated 10/12/2024

Amount: $441.29
Awarded to: Landlord
Reason: Previous order application 5047450 dated 10/12/2024

Filing fee reimbursement

Amount: $27.00
Awarded to: Landlord
Reason: Filing fee reimbursement

Carpet Cleaning

Amount: $178.25
Awarded to: Landlord
Reason: Carpet Cleaning

Cleaning

Amount: $75.00
Awarded to: Landlord
Reason: Cleaning

Rubbish removal: tip fee

Amount: $46.50
Awarded to: Landlord
Reason: Rubbish removal: tip fee

Claim types — money lines allowed on this order

Carpet Cleaning Cleanliness Filing Fee Property damage Rubbish Removal Water Rates

Order

Jakeb Atutahi Kapakai Bishop must pay Watson Real Estate Limited - As Agent For Alexander Trust Properties Limited $1,467.48 immediately, calculated as shown in table below.
The landlord shall dispose of the fridge/freezer and TV left at the premises by the tenant by as the landlord sees fit.
If sold, the amount owing to the applicant out of the proceeds of any sale is $1,467.48.
This order includes and replaces the order made under Application 5047450 on 10 December 2024.

Reasons

Only the landlord attended the hearing.
The landlord has applied for water rates, compensation, a disposal of goods order and reimbursement of the filing fee following the end of the tenancy. Water rates
The landlord provided invoices showing water rates amounts owed by the tenant. The amount due is proved.

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. I have assessed the evidence provided by the applicant. There was a receipt for one tip fee and that has been ordered. The owner carried out the cleaning and rubbish removal. I have allowed five hours for rubbish removal and three hours for cleaning based on the evidence available. The owners claim for compensation for his vehicle and trailer use is declined.

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.
The following damage was caused during the tenancy. A glass panel in a door and a door latch were damaged. The damage is more than fair wear and tear, and the tenant has not disproved liability for the damage.
The amounts ordered are proved. Disposal of goods
The landlord has applied for the disposal of goods the tenant left at the premises at the end of the tenancy. The landlord is unable to contact the tenant.
It is not practicable for the landlord to the return the goods to the tenant. The value of the goods is below the cost of storing, transporting and selling them. Therefore the landlord may dispose of the goods. See sections 62(3)(b), 62B(2) and (3) Residential Tenancies Act 1986. Filing Fee
Because the landlord has been successful with the claim the filing fee of $27.00 is ordered to be paid by the tenant.

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 5149113 — net $1,467.48 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Previous order application 5047450 dated 10/12/2024	$441.29	Previous order application 5047450 dated 10/12/2024
Filing fee reimbursement	$27.00	Filing fee reimbursement
Carpet Cleaning	$178.25	Carpet Cleaning
Cleaning	$75.00	Cleaning
Rubbish removal: tip fee	$46.50	Rubbish removal: tip fee
Rubbish removal: 5 hours	$125.00	Rubbish removal: 5 hours
Water rates	$16.68	Water rates
Window and door repair	$150.00	Window and door repair
Repairs: Fan and heater	$407.76	Repairs: Fan and heater
Net award	$1,467.48
Total payable by Tenant to Landlord	$1,467.48

Claims and awards for application 5149113 — net $1,467.48 NZD. Verify on MoJ.

Previous order application 5047450 dated 10/12/2024

Amount: $441.29
Awarded to: Landlord
Reason: Previous order application 5047450 dated 10/12/2024

Filing fee reimbursement

Amount: $27.00
Awarded to: Landlord
Reason: Filing fee reimbursement

Carpet Cleaning

Amount: $178.25
Awarded to: Landlord
Reason: Carpet Cleaning

Cleaning

Amount: $75.00
Awarded to: Landlord
Reason: Cleaning

Rubbish removal: tip fee

Amount: $46.50
Awarded to: Landlord
Reason: Rubbish removal: tip fee

Claim types — money lines allowed on this order

Carpet Cleaning Cleanliness Filing Fee Property damage Rubbish Removal Water Rates

Order

Jakeb Atutahi Kapakai Bishop must pay Watson Real Estate Limited - As Agent For Alexander Trust Properties Limited $1,467.48 immediately, calculated as shown in table below.
The landlord shall dispose of the fridge/freezer and TV left at the premises by the tenant by as the landlord sees fit.
If sold, the amount owing to the applicant out of the proceeds of any sale is $1,467.48.
This order includes and replaces the order made under Application 5047450 on 10 December 2024.

Reasons

Only the landlord attended the hearing.
The landlord has applied for water rates, compensation, a disposal of goods order and reimbursement of the filing fee following the end of the tenancy. Water rates
The landlord provided invoices showing water rates amounts owed by the tenant. The amount due is proved.

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. I have assessed the evidence provided by the applicant. There was a receipt for one tip fee and that has been ordered. The owner carried out the cleaning and rubbish removal. I have allowed five hours for rubbish removal and three hours for cleaning based on the evidence available. The owners claim for compensation for his vehicle and trailer use is declined.

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.
The following damage was caused during the tenancy. A glass panel in a door and a door latch were damaged. The damage is more than fair wear and tear, and the tenant has not disproved liability for the damage.
The amounts ordered are proved. Disposal of goods
The landlord has applied for the disposal of goods the tenant left at the premises at the end of the tenancy. The landlord is unable to contact the tenant.
It is not practicable for the landlord to the return the goods to the tenant. The value of the goods is below the cost of storing, transporting and selling them. Therefore the landlord may dispose of the goods. See sections 62(3)(b), 62B(2) and (3) Residential Tenancies Act 1986. Filing Fee
Because the landlord has been successful with the claim the filing fee of $27.00 is ordered to be paid by the tenant.

Tenancy Tribunal case 5149113 — Property damage at Unit/Flat Flat 2, 11 Waerenga Road, Otaki, Otaki 5512

At a glance

Tenancy Tribunal case 5149113 — Property damage at Unit/Flat Flat 2, 11 Waerenga Road, Otaki, Otaki 5512

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

Property management

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

Property management

Frequently asked questions