How much money was awarded in case 5154717?

Cleaning: $274.85 awarded to landlord; Filing Fee: $27.00 awarded to landlord; Property Damage: $1,150.00 awarded to landlord; Rent Arrears: $3,300.00 awarded to landlord; Rubbish Removal: $402.50 awarded to landlord; Water Rates: $222.95 awarded to landlord

What type of tenancy dispute was case 5154717?

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

Where can I read the official tribunal order for case 5154717?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/11828083-Tribunal_Order_Redacted.pdf.

How much money was awarded in case 5154717?

Cleaning: $274.85 awarded to landlord; Filing Fee: $27.00 awarded to landlord; Property Damage: $1,150.00 awarded to landlord; Rent Arrears: $3,300.00 awarded to landlord; Rubbish Removal: $402.50 awarded to landlord; Water Rates: $222.95 awarded to landlord

What type of tenancy dispute was case 5154717?

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

Where can I read the official tribunal order for case 5154717?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/11828083-Tribunal_Order_Redacted.pdf.

New Zealand Tenancy Tribunal Case 5154717 — Rent arrears

Q: What was Tenancy Tribunal case 5154717 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 5154717 — net $2,577.30 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears to 4.12.2024	$3,300.00	Rent arrears to 4.12.2024
Cleaning	$274.85	Cleaning
Rubbish removal	$402.50	Rubbish removal
Repair multiple holes in walls & replace wardrobe- Insurance excess	$1,150.00	Repair multiple holes in walls & replace wardrobe- Insurance excess
Water rates	$222.95	Water rates
Filing fee reimbursement	$27.00	Filing fee reimbursement
Net award	$2,577.30
Total payable by Tenant to Landlord	$2,577.30

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

Maulagaua Ikitule must pay [The landlord/s] $2,577.30 immediately, calculated as shown in the table below.

The Bond Centre is to pay the bond of $2,800.00 ([Bond number suppressed]) to [The landlord/s] immediately.

Reasons

The landlord attended the hearing. There was no appearance by the tenant. The Tribunal telephoned the tenant on the numbers provided in the application. One of the telephone numbers disconnected. Calls to the other number diverted to voicemail. I am satisfied that the tenant received notice of the hearing and chose not to attend.

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 and water rates?

The tenancy ended on 4 December 2024. 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. See section 40(1)(e)(ii)-(v) Residential Tenancies Act 1986 (RTA).

The tenant did not leave the bathroom in the premises reasonably clean and tidy and did not remove all rubbish as shown in photos produced in evidence.

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 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. In this case the landlord’s excess was $1,150.

The following damage was caused during the tenancy: Multiple holes in the walls in the lounge, hallway, and two bedrooms, and a damaged wardrobe door bent off the tracks. The damage is more than fair wear and tear, and the tenant has not disproved liability for the damage.

The hole repairs cost $2,645 and replacement of the wardrobe door cost $1,265. The owner’s insurer accepted a claim for all works and applied one excess of 1,150 in total. Therefore, the landlord only seeks the excess from the tenants. Given that the excess is less than even the hole repairs, there is no need to consider betterment and depreciation of the replacement wardrobe.

The amounts ordered are proved.

Claims and awards in Tenancy Tribunal application 5154717 — net $2,577.30 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears to 4.12.2024	$3,300.00	Rent arrears to 4.12.2024
Cleaning	$274.85	Cleaning
Rubbish removal	$402.50	Rubbish removal
Repair multiple holes in walls & replace wardrobe- Insurance excess	$1,150.00	Repair multiple holes in walls & replace wardrobe- Insurance excess
Water rates	$222.95	Water rates
Filing fee reimbursement	$27.00	Filing fee reimbursement
Net award	$2,577.30
Total payable by Tenant to Landlord	$2,577.30

Order

An application for suppression has been made in this case, and the Tribunal orders suppression of the Landlord name and identifying details.
Maulagaua Ikitule must pay [The landlord/s] $2,577.30 immediately, calculated as shown in the table below.
The Bond Centre is to pay the bond of $2,800.00 ([Bond number suppressed]) to [The landlord/s] immediately.

Reasons

The landlord attended the hearing. There was no appearance by the tenant. The Tribunal telephoned the tenant on the numbers provided in the application. One of the telephone numbers disconnected. Calls to the other number diverted to voicemail. I am satisfied that the tenant received notice of the hearing and chose not to attend.
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 and water rates?

The tenancy ended on 4 December 2024. 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. See section 40(1)(e)(ii)-(v) Residential Tenancies Act 1986 (RTA).
The tenant did not leave the bathroom in the premises reasonably clean and tidy and did not remove all rubbish as shown in photos produced in evidence.
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 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. In this case the landlord’s excess was $1,150.
The following damage was caused during the tenancy: Multiple holes in the walls in the lounge, hallway, and two bedrooms, and a damaged wardrobe door bent off the tracks. The damage is more than fair wear and tear, and the tenant has not disproved liability for the damage.
The hole repairs cost $2,645 and replacement of the wardrobe door cost $1,265. The owner’s insurer accepted a claim for all works and applied one excess of 1,150 in total. Therefore, the landlord only seeks the excess from the tenants. Given that the excess is less than even the hole repairs, there is no need to consider betterment and depreciation of the replacement wardrobe.
The amounts ordered are proved.

Tenancy Tribunal case 5154717 — Rent arrears

At a glance

Tenancy Tribunal case 5154717 — Rent arrears

At a glance

Award balance

Claims & awards

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

Frequently asked questions

Award balance

Claims & awards

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

Frequently asked questions