What was the outcome of Tenancy Tribunal case 4753089?

The tribunal order states: Kayla Tiana Smith-Pakoti must pay Bay Asset Management Limited as Agent

How much money was awarded in case 4753089?

Cleaning: $300.00 awarded to landlord; Filing Fee: $20.44 awarded to landlord; Lawns and Garden Work: $447.00 awarded to landlord; Property Damage: $109.25 awarded to landlord; Property Damage: $225.00 awarded to landlord; Rent Arrears: $2,814.79 awarded to landlord; Rubbish Removal: $458.57 awarded to landlord

What type of tenancy dispute was case 4753089?

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

Where can I read the official tribunal order for case 4753089?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/10106306-Tenancy_Tribunal_Order.pdf.

What was the outcome of Tenancy Tribunal case 4753089?

The tribunal order states: Kayla Tiana Smith-Pakoti must pay Bay Asset Management Limited as Agent

How much money was awarded in case 4753089?

Cleaning: $300.00 awarded to landlord; Filing Fee: $20.44 awarded to landlord; Lawns and Garden Work: $447.00 awarded to landlord; Property Damage: $109.25 awarded to landlord; Property Damage: $225.00 awarded to landlord; Rent Arrears: $2,814.79 awarded to landlord; Rubbish Removal: $458.57 awarded to landlord

What type of tenancy dispute was case 4753089?

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

Where can I read the official tribunal order for case 4753089?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/10106306-Tenancy_Tribunal_Order.pdf.

814 Willowpark Road South, Akina, Hastings 4122 Tenancy Tribunal Case 4753089 — Rent arrears

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814 Willowpark Road South, Akina, Hastings 4122 Tenancy Tribunal Case 4753089 — 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 4753089 — net $1,895.05 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears to 4 December 2023	$2,814.79	Rent arrears to 4 December 2023
Door handle and wall repairs	$109.25	Door handle and wall repairs
Rubbish removal	$458.57	Rubbish removal
Curtain replacement	$225.00	Curtain replacement
Cleaning	$300.00	Cleaning
Lawns and Garden work	$447.00	Lawns and Garden work
Filing fee reimbursement	$20.44	Filing fee reimbursement
Net award	$1,895.05
Total payable by Tenant to Landlord	$1,895.05

Claims and awards for application 4753089 — net $1,895.05 NZD. Verify on MoJ.

Rent arrears to 4 December 2023

Amount: $2,814.79
Awarded to: Landlord
Reason: Rent arrears to 4 December 2023

Door handle and wall repairs

Amount: $109.25
Awarded to: Landlord
Reason: Door handle and wall repairs

Rubbish removal

Amount: $458.57
Awarded to: Landlord
Reason: Rubbish removal

Curtain replacement

Amount: $225.00
Awarded to: Landlord
Reason: Curtain replacement

Cleaning

Amount: $300.00
Awarded to: Landlord
Reason: Cleaning

Claim types — money lines allowed on this order

Cleanliness Filing Fee Lawns And Garden Work Property damage Rent arrears Rubbish Removal

Order

Kayla Tiana Smith-Pakoti must pay Bay Asset Management Limited as Agent for Lisa Rogers $1,895.05 immediately, calculated as shown in the table below.
The Bond Centre is to pay the bond of $2,480.00 (3320515-007) to Bay Asset Management Limited as Agent for Lisa Rogers immediately.

Reasons

The landlord attended the hearing. The tenant did not 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?

The tenancy ended on 4 December 2023 by Order of the Tribunal of that date (application 4746389).
The landlord provided rent records 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 landlord undertook renovation work after the tenancy ended. I have made allowance in the compensation awarded, for the costs of cleaning made necessary because of that renovation work.
The amounts ordered are proved by quotes and invoices 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.
The entry inspection report contains full notes, where the tenant has recorded any pre-existing damage. In my view it is safe to infer that any significant damage that was apparent at the end of the tenancy and not recorded in that entry inspection report, occurred during the tenancy.
The property managers evidence and the photographs provided show that: a. a hole had been made in the wall of the hobby room; b. the exterior door handle to the main bedroom had been broken; c. the curtains in in the main bedroom were badly stained, to the extent that they needed to be replaced.
The amounts ordered are proved by quotes and invoices provided. I have taken into account 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.
The compensation awarded for replacement of the curtains makes allowance for depreciation on the basis of the property manager’s evidence that the curtains were likely around five years old at the end of the tendency and for the entry inspection notes made by the tenant recording some existing damage to the linings.
Because the landlord has 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 4753089 — net $1,895.05 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears to 4 December 2023	$2,814.79	Rent arrears to 4 December 2023
Door handle and wall repairs	$109.25	Door handle and wall repairs
Rubbish removal	$458.57	Rubbish removal
Curtain replacement	$225.00	Curtain replacement
Cleaning	$300.00	Cleaning
Lawns and Garden work	$447.00	Lawns and Garden work
Filing fee reimbursement	$20.44	Filing fee reimbursement
Net award	$1,895.05
Total payable by Tenant to Landlord	$1,895.05

Claims and awards for application 4753089 — net $1,895.05 NZD. Verify on MoJ.

Rent arrears to 4 December 2023

Amount: $2,814.79
Awarded to: Landlord
Reason: Rent arrears to 4 December 2023

Door handle and wall repairs

Amount: $109.25
Awarded to: Landlord
Reason: Door handle and wall repairs

Rubbish removal

Amount: $458.57
Awarded to: Landlord
Reason: Rubbish removal

Curtain replacement

Amount: $225.00
Awarded to: Landlord
Reason: Curtain replacement

Cleaning

Amount: $300.00
Awarded to: Landlord
Reason: Cleaning

Claim types — money lines allowed on this order

Cleanliness Filing Fee Lawns And Garden Work Property damage Rent arrears Rubbish Removal

Order

Kayla Tiana Smith-Pakoti must pay Bay Asset Management Limited as Agent for Lisa Rogers $1,895.05 immediately, calculated as shown in the table below.
The Bond Centre is to pay the bond of $2,480.00 (3320515-007) to Bay Asset Management Limited as Agent for Lisa Rogers immediately.

Reasons

The landlord attended the hearing. The tenant did not 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?

The tenancy ended on 4 December 2023 by Order of the Tribunal of that date (application 4746389).
The landlord provided rent records 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 landlord undertook renovation work after the tenancy ended. I have made allowance in the compensation awarded, for the costs of cleaning made necessary because of that renovation work.
The amounts ordered are proved by quotes and invoices 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.
The entry inspection report contains full notes, where the tenant has recorded any pre-existing damage. In my view it is safe to infer that any significant damage that was apparent at the end of the tenancy and not recorded in that entry inspection report, occurred during the tenancy.
The property managers evidence and the photographs provided show that: a. a hole had been made in the wall of the hobby room; b. the exterior door handle to the main bedroom had been broken; c. the curtains in in the main bedroom were badly stained, to the extent that they needed to be replaced.
The amounts ordered are proved by quotes and invoices provided. I have taken into account 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.
The compensation awarded for replacement of the curtains makes allowance for depreciation on the basis of the property manager’s evidence that the curtains were likely around five years old at the end of the tendency and for the entry inspection notes made by the tenant recording some existing damage to the linings.
Because the landlord has succeeded with the claim I must reimburse the filing fee.

Tenancy Tribunal case 4753089 — Rent arrears at 814 Willowpark Road South, Akina, Hastings 4122

At a glance

Tenancy Tribunal case 4753089 — Rent arrears at 814 Willowpark Road South, Akina, Hastings 4122

At a glance

Award balance

Claims & awards

Order

Reasons

How much is owed for rent?

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?

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