What was the outcome of Tenancy Tribunal case 4562254?

The tribunal order states: Linda Talafu Tanuaulilo and Sulu Kalapu Elijah Koro Tuiavii must pay

How much money was awarded in case 4562254?

Cleaning: $195.50 awarded to landlord; Cleaning: $831.45 awarded to landlord; Filing Fee: $20.44 awarded to landlord; Property Damage: $747.50 awarded to landlord; Property Damage: $632.50 awarded to landlord; Property Damage: $402.50 awarded to landlord; Rent Arrears: $3,254.29 awarded to landlord; Rent Arrears: $4,498.57 awarded to landlord; Rubbish Removal: $460.00 awarded to landlord; Water Rates: $294.73 awarded to landlord

What type of tenancy dispute was case 4562254?

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

Where can I read the official tribunal order for case 4562254?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/9409373-Tenancy_Tribunal_Order.pdf.

What was the outcome of Tenancy Tribunal case 4562254?

The tribunal order states: Linda Talafu Tanuaulilo and Sulu Kalapu Elijah Koro Tuiavii must pay

How much money was awarded in case 4562254?

Cleaning: $195.50 awarded to landlord; Cleaning: $831.45 awarded to landlord; Filing Fee: $20.44 awarded to landlord; Property Damage: $747.50 awarded to landlord; Property Damage: $632.50 awarded to landlord; Property Damage: $402.50 awarded to landlord; Rent Arrears: $3,254.29 awarded to landlord; Rent Arrears: $4,498.57 awarded to landlord; Rubbish Removal: $460.00 awarded to landlord; Water Rates: $294.73 awarded to landlord

What type of tenancy dispute was case 4562254?

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

Where can I read the official tribunal order for case 4562254?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/9409373-Tenancy_Tribunal_Order.pdf.

6 Arapapa Road, Papakura, Papakura 2110 Tenancy Tribunal Case 4562254 — Rent arrears

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6 Arapapa Road, Papakura, Papakura 2110 Tenancy Tribunal Case 4562254 — Rent arrears | 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 4562254 — net $8,657.48 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears from 4 April 2023 to 7 May 2023	$3,254.29	Rent arrears from 4 April 2023 to 7 May 2023
Previous order application 4525009 dated 15 April 2023 (being rent arrears to 3 April 2023	$4,498.57	Previous order application 4525009 dated 15 April 2023 (being rent arrears to 3 April 2023
Cleaning (including removing marks from wall, replacement baking tray and heat pump remote batteries	$831.45	Cleaning (including removing marks from wall, replacement baking tray and heat pump remote batteries
Carpet cleaning	$195.50	Carpet cleaning
Carpet repairs	$747.50	Carpet repairs
Rubbish removal	$460.00	Rubbish removal
Repairing holes in walls	$632.50	Repairing holes in walls
Lock/key and garage door remote replacement	$402.50	Lock/key and garage door remote replacement
Water rates	$294.73	Water rates
Filing fee reimbursement	$20.44	Filing fee reimbursement
Net award	$8,657.48
Total payable by Tenant to Landlord	$8,657.48

Claims and awards for application 4562254 — net $8,657.48 NZD. Verify on MoJ.

Rent arrears from 4 April 2023 to 7 May 2023

Amount: $3,254.29
Awarded to: Landlord
Reason: Rent arrears from 4 April 2023 to 7 May 2023

Previous order application 4525009 dated 15 April 2023 (being rent arrears to 3 April 2023

Amount: $4,498.57
Awarded to: Landlord
Reason: Previous order application 4525009 dated 15 April 2023 (being rent arrears to 3 April 2023

Cleaning (including removing marks from wall, replacement baking tray and heat pump remote batteries

Amount: $831.45
Awarded to: Landlord
Reason: Cleaning (including removing marks from wall, replacement baking tray and heat pump remote batteries

Carpet cleaning

Amount: $195.50
Awarded to: Landlord
Reason: Carpet cleaning

Carpet repairs

Amount: $747.50

Claim types — money lines allowed on this order

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

Order

Linda Talafu Tanuaulilo and Sulu Kalapu Elijah Koro Tuiavii must pay Grovefield Joal Limited as agent for Grovefield Properties Limited $8,657.48 immediately, calculated as shown in table below.
This order incorporates the Tribunal order made on 15 April 2023 under application 4525009.
The Bond Centre is to pay the bond of $2,680.00 (6466803-001) to Grovefield Joal Limited as agent for Grovefield Properties Ltd immediately.

Reasons

Only the landlord attended the hearing, represented by Ms Zhang.
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?

This was a fixed term tenancy of a brand new terrace house from 27 October 2022 to 1 November 2023. However the tenant moved out in February 2023 and relocated to Australia. The parties were unable to agree to terms on which the fixed term would end early and so the tenancy continued until new tenants were found on 8 May 2023.
The landlord obtained an order dated 14 April 2023 for rent arrears to 3 April 2023. I have incorporated that order into this order for enforcement purposes.
The landlord provided rent records proving rent arrears owing until 7 May 2023.
The landlord sought water arrears based on the water meter reading on 7 May 2023 of $661.92 in total but at the hearing Ms Zhang conceded that the tenant could only be liable for the use of water while they were in occupation. The landlord provided invoices up to that date and the amount of $294.73 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. The landlord provided ingoing inspection photos showing the property to be in brand new condition, together with photos of call chattels provided, keys and garage door remote. The landlord provided photos from the end of the tenancy showing the property was left very unclean with marks on nearly every wall, heavily stained carpet, large amounts of rubbish (including mattresses, bed bases, and whiteware).
The tenant did not return the keys or garage door remote.
A baking tray and the heat pump remote batteries were missing at the end of the tenancy.
The landlord provided invoices for the amounts claimed and 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 Korck [2019] NZHC 1541.
The following damage was caused during the tenancy: a. Some of the carpet was so badly damaged that it could not be effectively cleaned and had to be replaced; and b. There were numerous holes in the walls that had to be repaired.
It is not necessary for me to determine whether the damage is careless or intentional as the amounts claimed by the landlord is less than four weeks rent. The damage is far more than wear and tear. I was told that the landlord’s insurer was prepared to cover the damage but applied an excess of $500 to each room, making it uneconomic for the landlord to claim.
The amounts ordered are proved.
I have considered betterment and depreciation. The landlord should be returned to the position they would have been in had the tenant not breached their obligations, and should not be better or worse off. I have not reduced the amounts owing by the tenant as the property was brand new at the start of the tenancy, and the carpet has only been patch repaired rather than replaced, so the landlord is not better off.
Because Grovefield Joal Limited as agent for Grovefield Properties Limited has substantially succeeded with the claim I have reimbursed the filing fee.

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 4562254 — net $8,657.48 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears from 4 April 2023 to 7 May 2023	$3,254.29	Rent arrears from 4 April 2023 to 7 May 2023
Previous order application 4525009 dated 15 April 2023 (being rent arrears to 3 April 2023	$4,498.57	Previous order application 4525009 dated 15 April 2023 (being rent arrears to 3 April 2023
Cleaning (including removing marks from wall, replacement baking tray and heat pump remote batteries	$831.45	Cleaning (including removing marks from wall, replacement baking tray and heat pump remote batteries
Carpet cleaning	$195.50	Carpet cleaning
Carpet repairs	$747.50	Carpet repairs
Rubbish removal	$460.00	Rubbish removal
Repairing holes in walls	$632.50	Repairing holes in walls
Lock/key and garage door remote replacement	$402.50	Lock/key and garage door remote replacement
Water rates	$294.73	Water rates
Filing fee reimbursement	$20.44	Filing fee reimbursement
Net award	$8,657.48
Total payable by Tenant to Landlord	$8,657.48

Claims and awards for application 4562254 — net $8,657.48 NZD. Verify on MoJ.

Rent arrears from 4 April 2023 to 7 May 2023

Amount: $3,254.29
Awarded to: Landlord
Reason: Rent arrears from 4 April 2023 to 7 May 2023

Previous order application 4525009 dated 15 April 2023 (being rent arrears to 3 April 2023

Amount: $4,498.57
Awarded to: Landlord
Reason: Previous order application 4525009 dated 15 April 2023 (being rent arrears to 3 April 2023

Cleaning (including removing marks from wall, replacement baking tray and heat pump remote batteries

Amount: $831.45
Awarded to: Landlord
Reason: Cleaning (including removing marks from wall, replacement baking tray and heat pump remote batteries

Carpet cleaning

Amount: $195.50
Awarded to: Landlord
Reason: Carpet cleaning

Carpet repairs

Amount: $747.50

Claim types — money lines allowed on this order

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

Order

Linda Talafu Tanuaulilo and Sulu Kalapu Elijah Koro Tuiavii must pay Grovefield Joal Limited as agent for Grovefield Properties Limited $8,657.48 immediately, calculated as shown in table below.
This order incorporates the Tribunal order made on 15 April 2023 under application 4525009.
The Bond Centre is to pay the bond of $2,680.00 (6466803-001) to Grovefield Joal Limited as agent for Grovefield Properties Ltd immediately.

Reasons

Only the landlord attended the hearing, represented by Ms Zhang.
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?

This was a fixed term tenancy of a brand new terrace house from 27 October 2022 to 1 November 2023. However the tenant moved out in February 2023 and relocated to Australia. The parties were unable to agree to terms on which the fixed term would end early and so the tenancy continued until new tenants were found on 8 May 2023.
The landlord obtained an order dated 14 April 2023 for rent arrears to 3 April 2023. I have incorporated that order into this order for enforcement purposes.
The landlord provided rent records proving rent arrears owing until 7 May 2023.
The landlord sought water arrears based on the water meter reading on 7 May 2023 of $661.92 in total but at the hearing Ms Zhang conceded that the tenant could only be liable for the use of water while they were in occupation. The landlord provided invoices up to that date and the amount of $294.73 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. The landlord provided ingoing inspection photos showing the property to be in brand new condition, together with photos of call chattels provided, keys and garage door remote. The landlord provided photos from the end of the tenancy showing the property was left very unclean with marks on nearly every wall, heavily stained carpet, large amounts of rubbish (including mattresses, bed bases, and whiteware).
The tenant did not return the keys or garage door remote.
A baking tray and the heat pump remote batteries were missing at the end of the tenancy.
The landlord provided invoices for the amounts claimed and 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 Korck [2019] NZHC 1541.
The following damage was caused during the tenancy: a. Some of the carpet was so badly damaged that it could not be effectively cleaned and had to be replaced; and b. There were numerous holes in the walls that had to be repaired.
It is not necessary for me to determine whether the damage is careless or intentional as the amounts claimed by the landlord is less than four weeks rent. The damage is far more than wear and tear. I was told that the landlord’s insurer was prepared to cover the damage but applied an excess of $500 to each room, making it uneconomic for the landlord to claim.
The amounts ordered are proved.
I have considered betterment and depreciation. The landlord should be returned to the position they would have been in had the tenant not breached their obligations, and should not be better or worse off. I have not reduced the amounts owing by the tenant as the property was brand new at the start of the tenancy, and the carpet has only been patch repaired rather than replaced, so the landlord is not better off.
Because Grovefield Joal Limited as agent for Grovefield Properties Limited has substantially succeeded with the claim I have reimbursed the filing fee.

Tenancy Tribunal case 4562254 — Rent arrears at 6 Arapapa Road, Papakura, Papakura 2110

At a glance

Tenancy Tribunal case 4562254 — Rent arrears at 6 Arapapa Road, Papakura, Papakura 2110

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