What was the outcome of Tenancy Tribunal case 5168192?

The tribunal order states: Ruta ATAI PETERO and Tutavake Teezall PETERO must pay Rent Now

How much money was awarded in case 5168192?

Cleaning: $1,092.50 awarded to landlord; Filing Fee: $27.00 awarded to landlord; Property Damage: $552.00 awarded to landlord; Property Damage: $362.25 awarded to landlord; Rent Arrears: $2,135.00 awarded to landlord; Property Damage: $3,000.00 awarded to landlord; Flooring: $402.50 awarded to landlord; Wall: $954.50 awarded to landlord; Rubbish Removal: $1,035.00 awarded to landlord; Water Rates: $134.30 awarded to landlord

What type of tenancy dispute was case 5168192?

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

Where can I read the official tribunal order for case 5168192?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/11864592-Tenancy_Tribunal_Order.pdf.

What was the outcome of Tenancy Tribunal case 5168192?

The tribunal order states: Ruta ATAI PETERO and Tutavake Teezall PETERO must pay Rent Now

How much money was awarded in case 5168192?

Cleaning: $1,092.50 awarded to landlord; Filing Fee: $27.00 awarded to landlord; Property Damage: $552.00 awarded to landlord; Property Damage: $362.25 awarded to landlord; Rent Arrears: $2,135.00 awarded to landlord; Property Damage: $3,000.00 awarded to landlord; Flooring: $402.50 awarded to landlord; Wall: $954.50 awarded to landlord; Rubbish Removal: $1,035.00 awarded to landlord; Water Rates: $134.30 awarded to landlord

What type of tenancy dispute was case 5168192?

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

Where can I read the official tribunal order for case 5168192?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/11864592-Tenancy_Tribunal_Order.pdf.

39 Flat Bush Road, Clover Park, Auckland 2023 Tenancy Tribunal Case 5168192 — Property damage

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39 Flat Bush Road, Clover Park, Auckland 2023 Tenancy Tribunal Case 5168192 — 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 5168192 — net $7,095.05 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears to 10 January 2025	$2,135.00	Rent arrears to 10 January 2025
Water rates	$134.30	Water rates
Cleaning: including carpet cleaning	$1,092.50	Cleaning: including carpet cleaning
Rubbish removal	$1,035.00	Rubbish removal
Lock/key replacement	$552.00	Lock/key replacement
Repairs: flooring	$402.50	Repairs: flooring
Window repairs	$362.25	Window repairs
Repairs: wall	$954.50	Repairs: wall
Repairs: carpet replacement (insurance excess only	$3,000.00	Repairs: carpet replacement (insurance excess only
Filing fee reimbursement	$27.00	Filing fee reimbursement
Net award	$7,095.05
Total payable by Tenant to Landlord	$7,095.05

Claims and awards for application 5168192 — net $7,095.05 NZD. Verify on MoJ.

Rent arrears to 10 January 2025

Amount: $2,135.00
Awarded to: Landlord
Reason: Rent arrears to 10 January 2025

Water rates

Amount: $134.30
Awarded to: Landlord
Reason: Water rates

Cleaning: including carpet cleaning

Amount: $1,092.50
Awarded to: Landlord
Reason: Cleaning: including carpet cleaning

Rubbish removal

Amount: $1,035.00
Awarded to: Landlord
Reason: Rubbish removal

Lock/key replacement

Amount: $552.00
Awarded to: Landlord
Reason: Lock/key replacement

Claim types — money lines allowed on this order

Carpet Cleaning Filing Fee Property damage Rent arrears Rubbish Removal Water Rates

Order

Ruta ATAI PETERO and Tutavake Teezall PETERO must pay Rent Now Property Management Ltd $7,095.05 immediately, calculated as shown in table below.
The Bond Centre is to pay the bond of $2,600.00 (5615328-003) to Rent Now Property Management Ltd immediately.

Reasons

Both parties attended the hearing.
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 10 January 2025 through eviction proceedings being enforced. 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.
The tenant did not leave the premises reasonably clean and tidy, and did not remove all rubbish.
The keys and locks had to be replaced due to eviction proceedings being carried out.
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.
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 Korck [2019] NZHC 1541.
The following damage was caused during the tenancy: carpets, wooden flooring, walls, and windows. The damage is more than fair wear and tear, and the tenant has not disproved liability for the damage.
The amounts ordered are proved.

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 5168192 — net $7,095.05 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears to 10 January 2025	$2,135.00	Rent arrears to 10 January 2025
Water rates	$134.30	Water rates
Cleaning: including carpet cleaning	$1,092.50	Cleaning: including carpet cleaning
Rubbish removal	$1,035.00	Rubbish removal
Lock/key replacement	$552.00	Lock/key replacement
Repairs: flooring	$402.50	Repairs: flooring
Window repairs	$362.25	Window repairs
Repairs: wall	$954.50	Repairs: wall
Repairs: carpet replacement (insurance excess only	$3,000.00	Repairs: carpet replacement (insurance excess only
Filing fee reimbursement	$27.00	Filing fee reimbursement
Net award	$7,095.05
Total payable by Tenant to Landlord	$7,095.05

Claims and awards for application 5168192 — net $7,095.05 NZD. Verify on MoJ.

Rent arrears to 10 January 2025

Amount: $2,135.00
Awarded to: Landlord
Reason: Rent arrears to 10 January 2025

Water rates

Amount: $134.30
Awarded to: Landlord
Reason: Water rates

Cleaning: including carpet cleaning

Amount: $1,092.50
Awarded to: Landlord
Reason: Cleaning: including carpet cleaning

Rubbish removal

Amount: $1,035.00
Awarded to: Landlord
Reason: Rubbish removal

Lock/key replacement

Amount: $552.00
Awarded to: Landlord
Reason: Lock/key replacement

Claim types — money lines allowed on this order

Carpet Cleaning Filing Fee Property damage Rent arrears Rubbish Removal Water Rates

Order

Ruta ATAI PETERO and Tutavake Teezall PETERO must pay Rent Now Property Management Ltd $7,095.05 immediately, calculated as shown in table below.
The Bond Centre is to pay the bond of $2,600.00 (5615328-003) to Rent Now Property Management Ltd immediately.

Reasons

Both parties attended the hearing.
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 10 January 2025 through eviction proceedings being enforced. 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.
The tenant did not leave the premises reasonably clean and tidy, and did not remove all rubbish.
The keys and locks had to be replaced due to eviction proceedings being carried out.
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.
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 Korck [2019] NZHC 1541.
The following damage was caused during the tenancy: carpets, wooden flooring, walls, and windows. The damage is more than fair wear and tear, and the tenant has not disproved liability for the damage.
The amounts ordered are proved.

Tenancy Tribunal case 5168192 — Property damage at 39 Flat Bush Road, Clover Park, Auckland 2023

At a glance

Tenancy Tribunal case 5168192 — Property damage at 39 Flat Bush Road, Clover Park, Auckland 2023

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

Property management

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

Property management

Frequently asked questions