What was the outcome of Tenancy Tribunal case 4610509?

The tribunal order states: Spenceree Kaka must pay Tbt Property Management Limited $10,144.30

How much money was awarded in case 4610509?

Cleaning: $480.00 awarded to landlord; Filing Fee: $20.44 awarded to landlord; Property Damage: $1,460.00 awarded to landlord; Property Damage: $1,500.00 awarded to landlord; Rent Arrears: $3,032.83 awarded to landlord; Replace Removed Rangehood: $550.00 awarded to landlord; Rubbish Removal: $2,760.00 awarded to landlord; Water Rates: $341.03 awarded to landlord

What type of tenancy dispute was case 4610509?

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

Where can I read the official tribunal order for case 4610509?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/9968371-Tribunal_Order.pdf.

What was the outcome of Tenancy Tribunal case 4610509?

The tribunal order states: Spenceree Kaka must pay Tbt Property Management Limited $10,144.30

How much money was awarded in case 4610509?

Cleaning: $480.00 awarded to landlord; Filing Fee: $20.44 awarded to landlord; Property Damage: $1,460.00 awarded to landlord; Property Damage: $1,500.00 awarded to landlord; Rent Arrears: $3,032.83 awarded to landlord; Replace Removed Rangehood: $550.00 awarded to landlord; Rubbish Removal: $2,760.00 awarded to landlord; Water Rates: $341.03 awarded to landlord

What type of tenancy dispute was case 4610509?

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

Where can I read the official tribunal order for case 4610509?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/9968371-Tribunal_Order.pdf.

28 Gilbert Road, Otara, Auckland 2023 Tenancy Tribunal Case 4610509 — Rent arrears

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28 Gilbert Road, Otara, Auckland 2023 Tenancy Tribunal Case 4610509 — 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 4610509 — net $10,144.30 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears to 8/06/2023	$3,032.83	Rent arrears to 8/06/2023
Water rates to end of tenancy	$341.03	Water rates to end of tenancy
Cleaning	$480.00	Cleaning
Rubbish removal: including tyres	$2,760.00	Rubbish removal: including tyres
Replace removed rangehood	$550.00	Replace removed rangehood
Window repairs	$1,460.00	Window repairs
Kitchen insurance excess	$1,500.00	Kitchen insurance excess
Filing fee reimbursement	$20.44	Filing fee reimbursement
Net award	$10,144.30
Total payable by Tenant to Landlord	$10,144.30

Claims and awards for application 4610509 — net $10,144.30 NZD. Verify on MoJ.

Rent arrears to 8/06/2023

Amount: $3,032.83
Awarded to: Landlord
Reason: Rent arrears to 8/06/2023

Water rates to end of tenancy

Amount: $341.03
Awarded to: Landlord
Reason: Water rates to end of tenancy

Cleaning

Amount: $480.00
Awarded to: Landlord
Reason: Cleaning

Rubbish removal: including tyres

Amount: $2,760.00
Awarded to: Landlord
Reason: Rubbish removal: including tyres

Replace removed rangehood

Amount: $550.00
Awarded to: Landlord
Reason: Replace removed rangehood

Claim types — money lines allowed on this order

Cleanliness Filing Fee Property damage Rent arrears Rubbish Removal Water Rates

Order

Spenceree Kaka must pay Tbt Property Management Limited $10,144.30 immediately, calculated as shown in table below. DescriptionLandlord Rent arrears to 8/06/2023$3,032.83 Water rates to end of tenancy$341.03 Cleaning$480.00 Rubbish removal: including tyres$2,760.00 Replace removed rangehood$550.00 Window repairs $1,460.00 Kitchen insurance excess$1,500.00 Filing fee reimbursement$20.44 Total award$10,144.30 Total payable by Tenant to Landlord$10,144.30

Reasons

The applicant landlord attended the hearing. There was no appearance for the tenant.
On 21 April 2023 the Tribunal made an order for termination of the tenancy, water charges to 11 January 2023, reimbursement of insurance excesses for repairs to walls, doors, curtains, carpets in the three bedrooms and the lounge and repairs to the bathroom.
The tenancy ended by eviction on 8 June 2023.
The landlord has now applied for rent arrears to the end of the tenancy, water arrears from January 2023 to the end of the tenancy, compensation for cleaning, rubbish removal, chattel replacement, window repairs, insurance excess reimbursement for kitchen damage 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 8 June 2023. The landlord provided rent records and water rates invoices which prove the amounts owing at the end of the tenancy as recorded in the calculation table in order 1.

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 which included tyres.
The following chattels were missing at the end of the tenancy: The rangehood was removed.
The amounts ordered are proved. Photographs and an itemised invoice have been provided.

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.
The following damage was caused during the tenancy: Extensive damage to the kitchen and broken windows. The landlord proved the kitchen damage by providing before and after photographs, the landlord also proved the damage to windows in bedroom 2, bedroom 3, front door and lounge. The damage to the window in the sleepout was not proved to the required standard as there was no entry photograph of the condition of the window. The damage is more than fair wear and tear, and the tenant has not disproved liability for the damage.
The landlord is insured and is seeking reimbursement of the amount of excess in the sum of $1500.00 for the kitchen damage. The amount claimed for the window repairs is less than the insurance excess of $1500.00 per window. The amount of $230.00 for the sleepout window is deducted from the amount of $1690.00 claimed for the windows and the balance of $1460.00 ordered.
The amounts ordered are proved. Entry and exit inspection photographs, an invoice and insurance details have been provided.
As the landlord is GST registered, and able to claim a refund of GST paid, the amounts are ordered GST exclusive. Suppression/filing fee
The landlord withdrew their application for suppression of identifying details at the hearing. Accordingly, no suppression is ordered.
Because the landlord has wholly succeeded with the claim I must reimburse 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 4610509 — net $10,144.30 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears to 8/06/2023	$3,032.83	Rent arrears to 8/06/2023
Water rates to end of tenancy	$341.03	Water rates to end of tenancy
Cleaning	$480.00	Cleaning
Rubbish removal: including tyres	$2,760.00	Rubbish removal: including tyres
Replace removed rangehood	$550.00	Replace removed rangehood
Window repairs	$1,460.00	Window repairs
Kitchen insurance excess	$1,500.00	Kitchen insurance excess
Filing fee reimbursement	$20.44	Filing fee reimbursement
Net award	$10,144.30
Total payable by Tenant to Landlord	$10,144.30

Claims and awards for application 4610509 — net $10,144.30 NZD. Verify on MoJ.

Rent arrears to 8/06/2023

Amount: $3,032.83
Awarded to: Landlord
Reason: Rent arrears to 8/06/2023

Water rates to end of tenancy

Amount: $341.03
Awarded to: Landlord
Reason: Water rates to end of tenancy

Cleaning

Amount: $480.00
Awarded to: Landlord
Reason: Cleaning

Rubbish removal: including tyres

Amount: $2,760.00
Awarded to: Landlord
Reason: Rubbish removal: including tyres

Replace removed rangehood

Amount: $550.00
Awarded to: Landlord
Reason: Replace removed rangehood

Claim types — money lines allowed on this order

Cleanliness Filing Fee Property damage Rent arrears Rubbish Removal Water Rates

Order

Spenceree Kaka must pay Tbt Property Management Limited $10,144.30 immediately, calculated as shown in table below. DescriptionLandlord Rent arrears to 8/06/2023$3,032.83 Water rates to end of tenancy$341.03 Cleaning$480.00 Rubbish removal: including tyres$2,760.00 Replace removed rangehood$550.00 Window repairs $1,460.00 Kitchen insurance excess$1,500.00 Filing fee reimbursement$20.44 Total award$10,144.30 Total payable by Tenant to Landlord$10,144.30

Reasons

The applicant landlord attended the hearing. There was no appearance for the tenant.
On 21 April 2023 the Tribunal made an order for termination of the tenancy, water charges to 11 January 2023, reimbursement of insurance excesses for repairs to walls, doors, curtains, carpets in the three bedrooms and the lounge and repairs to the bathroom.
The tenancy ended by eviction on 8 June 2023.
The landlord has now applied for rent arrears to the end of the tenancy, water arrears from January 2023 to the end of the tenancy, compensation for cleaning, rubbish removal, chattel replacement, window repairs, insurance excess reimbursement for kitchen damage 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 8 June 2023. The landlord provided rent records and water rates invoices which prove the amounts owing at the end of the tenancy as recorded in the calculation table in order 1.

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 which included tyres.
The following chattels were missing at the end of the tenancy: The rangehood was removed.
The amounts ordered are proved. Photographs and an itemised invoice have been provided.

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.
The following damage was caused during the tenancy: Extensive damage to the kitchen and broken windows. The landlord proved the kitchen damage by providing before and after photographs, the landlord also proved the damage to windows in bedroom 2, bedroom 3, front door and lounge. The damage to the window in the sleepout was not proved to the required standard as there was no entry photograph of the condition of the window. The damage is more than fair wear and tear, and the tenant has not disproved liability for the damage.
The landlord is insured and is seeking reimbursement of the amount of excess in the sum of $1500.00 for the kitchen damage. The amount claimed for the window repairs is less than the insurance excess of $1500.00 per window. The amount of $230.00 for the sleepout window is deducted from the amount of $1690.00 claimed for the windows and the balance of $1460.00 ordered.
The amounts ordered are proved. Entry and exit inspection photographs, an invoice and insurance details have been provided.
As the landlord is GST registered, and able to claim a refund of GST paid, the amounts are ordered GST exclusive. Suppression/filing fee
The landlord withdrew their application for suppression of identifying details at the hearing. Accordingly, no suppression is ordered.
Because the landlord has wholly succeeded with the claim I must reimburse the filing fee.

Tenancy Tribunal case 4610509 — Rent arrears at 28 Gilbert Road, Otara, Auckland 2023

At a glance

Tenancy Tribunal case 4610509 — Rent arrears at 28 Gilbert Road, Otara, 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