What was the outcome of Tenancy Tribunal case 5245455?

The tribunal order states: Zania-Nai Karanga-Tait must pay Fair Rentals Limited As Agent For Anuj Bisht

How much money was awarded in case 5245455?

Cleaning: $275.00 awarded to landlord; Eviction Warrant Fee: $200.00 awarded to landlord; Filing Fee: $27.00 awarded to landlord; Lawns and Garden Work: $180.00 awarded to landlord; Rent Arrears: $3,161.43 awarded to landlord; Water Rates: $3.99 awarded to landlord

What type of tenancy dispute was case 5245455?

The primary dispute was Rent arrears. Related themes: Cleanliness.

Where can I read the official tribunal order for case 5245455?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/12123855-Tenancy_Tribunal_Order.pdf.

What was the outcome of Tenancy Tribunal case 5245455?

The tribunal order states: Zania-Nai Karanga-Tait must pay Fair Rentals Limited As Agent For Anuj Bisht

How much money was awarded in case 5245455?

Cleaning: $275.00 awarded to landlord; Eviction Warrant Fee: $200.00 awarded to landlord; Filing Fee: $27.00 awarded to landlord; Lawns and Garden Work: $180.00 awarded to landlord; Rent Arrears: $3,161.43 awarded to landlord; Water Rates: $3.99 awarded to landlord

What type of tenancy dispute was case 5245455?

The primary dispute was Rent arrears. Related themes: Cleanliness.

Where can I read the official tribunal order for case 5245455?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/12123855-Tenancy_Tribunal_Order.pdf.

8B Milton Road, Papatoetoe, Auckland 2024 Tenancy Tribunal Case 5245455 — Rent arrears

Reasons

Claims and awards in Tenancy Tribunal application 5245455 — net $3,847.42 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears to 24 April 2025	$3,161.43	Rent arrears to 24 April 2025
Water rates	$3.99	Water rates
Eviction warrant fee	$200.00	Eviction warrant fee
Cleaning	$275.00	Cleaning
Lawns and Garden work	$180.00	Lawns and Garden work
Filing fee reimbursement	$27.00	Filing fee reimbursement
Net award	$3,847.42
Total payable by Tenant to Landlord	$3,847.42

The landlord attended the hearing. The tenant did not.

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

As the applicant, the landlord must prove their claim to the civil law standard of proof, on the balance of probabilities. This means that they must establish that what they are claiming is more likely than not. This is referred to as the “burden of proof.” Independent witnesses, corroborating documents and photographs are an important part of discharging this burden.

As noted by the District Court in Katipo v Clarke & McCarthy (DC) TT233/02, in practical terms this means that: ...[L]ike anyone who brings an application before a Tribunal or Court, it is incumbent upon the applicant to provide the evidence necessary to prove the case. If the applicant fails to do that, then their application will be dismissed whether it has merit of not because it is up to the applicant to provide the necessary evidence. It is not up to the other parties, and it is certainly not up to the Tribunal to extract evidence.

I do not need to be completely certain, but I need to be more certain than uncertain. In deciding any particular claim, I must consider all the evidence presented (including oral evidence at the hearing). I must weigh this evidence to decide what is more likely.

RENT ARREARS

The landlord gave evidence that the tenancy ended on 24 April 2024 when the tenant was removed from the premises and the landlord took possession. I accept the landlord’s evidence.

The landlord submitted a rent summary, which proves rent arrears up to 24 April 2024 are $3,161.45. The landlord’s claim for rent arrears is granted for this amount.

WATER RATES

The landlord submitted an invoice from the water rates authority for $103.99. The landlord gave evidence that $3.99 remains owing on the invoice. I accept the landlord’s evidence.

The landlord’s claim for compensation is granted for $3.99.

EVICTION WARRANT COSTS

A tenant must quit the premises on the termination of a tenancy. 1 1 Residential Tenancies Act 1986, section 40(1)(e)(i).

The landlord gave evidence that the tenancy ended pursuant to the terms of a mediated order. The landlord claims the tenant did not vacate the premises voluntarily and the landlord had to apply for an eviction warrant.

The landlord submitted a receipt from the Ministry of Justice for $200.00 for the eviction warrant.

I am convinced on the balance of probabilities that the tenant failed to quit the premises on the termination of the tenancy. The landlord has incurred a cost of $200.00 as a result of this breach by the tenant.

The landlord’s claim for compensation of $200.00 is granted. CLEANING & LAWNMOWING

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. 2

The landlord submitted photographs taken at the end of the tenancy, which prove it was not left reasonably clean and tidy. Rubbish and personal belongings are present inside and outside the property. The inside of the premises has clearly not been cleaned, as there is rubbish, dirt and dust on the floor and bench surfaces. The lawns and garden are also overgrown.

The landlord submitted invoices for cleaning and lawnmowing as follows: a. Cleaning:$275.00 b. Lawnmowing:$180.00

The landlord’s claim for compensation is granted for the following amounts: a. Cleaning:$275.00 b. Lawnmowing:$180.00 2 Residential Tenancies Act 1986, section 40(1)(e)(ii) – (v).

FILING FEE

Because Fair Rentals Limited As Agent For Anuj Bisht (Milton Road) has wholly succeeded with the claim I must reimburse the filing fee.

Claims and awards in Tenancy Tribunal application 5245455 — net $3,847.42 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears to 24 April 2025	$3,161.43	Rent arrears to 24 April 2025
Water rates	$3.99	Water rates
Eviction warrant fee	$200.00	Eviction warrant fee
Cleaning	$275.00	Cleaning
Lawns and Garden work	$180.00	Lawns and Garden work
Filing fee reimbursement	$27.00	Filing fee reimbursement
Net award	$3,847.42
Total payable by Tenant to Landlord	$3,847.42

Order

Zania-Nai Karanga-Tait must pay Fair Rentals Limited As Agent For Anuj Bisht (Milton Road) $3,847.42 immediately, calculated as shown in table below.

Reasons

The landlord attended the hearing. The tenant did not.
The landlord has applied for rent arrears, compensation and reimbursement of the filing fee following the end of the tenancy.
As the applicant, the landlord must prove their claim to the civil law standard of proof, on the balance of probabilities. This means that they must establish that what they are claiming is more likely than not. This is referred to as the “burden of proof.” Independent witnesses, corroborating documents and photographs are an important part of discharging this burden.
As noted by the District Court in Katipo v Clarke & McCarthy (DC) TT233/02, in practical terms this means that: ...[L]ike anyone who brings an application before a Tribunal or Court, it is incumbent upon the applicant to provide the evidence necessary to prove the case. If the applicant fails to do that, then their application will be dismissed whether it has merit of not because it is up to the applicant to provide the necessary evidence. It is not up to the other parties, and it is certainly not up to the Tribunal to extract evidence.
I do not need to be completely certain, but I need to be more certain than uncertain. In deciding any particular claim, I must consider all the evidence presented (including oral evidence at the hearing). I must weigh this evidence to decide what is more likely.

RENT ARREARS

The landlord gave evidence that the tenancy ended on 24 April 2024 when the tenant was removed from the premises and the landlord took possession. I accept the landlord’s evidence.
The landlord submitted a rent summary, which proves rent arrears up to 24 April 2024 are $3,161.45. The landlord’s claim for rent arrears is granted for this amount.

WATER RATES

The landlord submitted an invoice from the water rates authority for $103.99. The landlord gave evidence that $3.99 remains owing on the invoice. I accept the landlord’s evidence.
The landlord’s claim for compensation is granted for $3.99.

EVICTION WARRANT COSTS

A tenant must quit the premises on the termination of a tenancy. 1 1 Residential Tenancies Act 1986, section 40(1)(e)(i).
The landlord gave evidence that the tenancy ended pursuant to the terms of a mediated order. The landlord claims the tenant did not vacate the premises voluntarily and the landlord had to apply for an eviction warrant.
The landlord submitted a receipt from the Ministry of Justice for $200.00 for the eviction warrant.
I am convinced on the balance of probabilities that the tenant failed to quit the premises on the termination of the tenancy. The landlord has incurred a cost of $200.00 as a result of this breach by the tenant.
The landlord’s claim for compensation of $200.00 is granted. CLEANING & LAWNMOWING
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. 2
The landlord submitted photographs taken at the end of the tenancy, which prove it was not left reasonably clean and tidy. Rubbish and personal belongings are present inside and outside the property. The inside of the premises has clearly not been cleaned, as there is rubbish, dirt and dust on the floor and bench surfaces. The lawns and garden are also overgrown.
The landlord submitted invoices for cleaning and lawnmowing as follows: a. Cleaning:$275.00 b. Lawnmowing:$180.00
The landlord’s claim for compensation is granted for the following amounts: a. Cleaning:$275.00 b. Lawnmowing:$180.00 2 Residential Tenancies Act 1986, section 40(1)(e)(ii) – (v).

FILING FEE

Because Fair Rentals Limited As Agent For Anuj Bisht (Milton Road) has wholly succeeded with the claim I must reimburse the filing fee.

Tenancy Tribunal case 5245455 — Rent arrears at 8B Milton Road, Papatoetoe, Auckland 2024

At a glance

Tenancy Tribunal case 5245455 — Rent arrears at 8B Milton Road, Papatoetoe, Auckland 2024

At a glance

Award balance

Claims & awards

Order

Reasons

RENT ARREARS

WATER RATES

EVICTION WARRANT COSTS

FILING FEE

Topics & place

Residential Tenancies Act sections

Key findings

Property management

Frequently asked questions

Award balance

Claims & awards

Order

Reasons

RENT ARREARS

WATER RATES

EVICTION WARRANT COSTS

FILING FEE

Topics & place

Residential Tenancies Act sections

Key findings

Property management

Frequently asked questions