What was the outcome of Tenancy Tribunal case 4776144?

The tribunal order states: Michael Banks must pay Beach Realty Rentals Limited as agent for Stormy

How much money was awarded in case 4776144?

Cleaning: $899.30 awarded to landlord; Filing Fee: $20.44 awarded to landlord; Lawns and Garden Work: $100.00 awarded to landlord; Property Damage: $246.77 awarded to landlord; Property Damage: $223.84 awarded to landlord; Property Damage: $207.23 awarded to landlord; Rent Arrears: $254.64 awarded to landlord; Replace Missing Garage Door Remote C…: $115.00 awarded to landlord; Rubbish Removal: $165.00 awarded to landlord; Water Rates: $98.60 awarded to landlord

What type of tenancy dispute was case 4776144?

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

Where can I read the official tribunal order for case 4776144?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/10318725-Tenancy_Tribunal_Order.pdf.

What was the outcome of Tenancy Tribunal case 4776144?

The tribunal order states: Michael Banks must pay Beach Realty Rentals Limited as agent for Stormy

How much money was awarded in case 4776144?

Cleaning: $899.30 awarded to landlord; Filing Fee: $20.44 awarded to landlord; Lawns and Garden Work: $100.00 awarded to landlord; Property Damage: $246.77 awarded to landlord; Property Damage: $223.84 awarded to landlord; Property Damage: $207.23 awarded to landlord; Rent Arrears: $254.64 awarded to landlord; Replace Missing Garage Door Remote C…: $115.00 awarded to landlord; Rubbish Removal: $165.00 awarded to landlord; Water Rates: $98.60 awarded to landlord

What type of tenancy dispute was case 4776144?

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

Where can I read the official tribunal order for case 4776144?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/10318725-Tenancy_Tribunal_Order.pdf.

3 Wairakei Avenue, Papamoa Beach, Papamoa 3118 Tenancy Tribunal Case 4776144 — Cleanliness

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3 Wairakei Avenue, Papamoa Beach, Papamoa 3118 Tenancy Tribunal Case 4776144 — Cleanliness | 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 4776144 — net $2,330.82 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears to 17 October 2023	$254.64	Rent arrears to 17 October 2023
Water rates	$98.60	Water rates
Cleaning	$899.30	Cleaning
Rubbish removal	$165.00	Rubbish removal
Repairs to walls	$246.77	Repairs to walls
Repair broken window in dining room	$223.84	Repair broken window in dining room
Lock/key replacement	$207.23	Lock/key replacement
Replace missing garage door remote control	$115.00	Replace missing garage door remote control
Lawns and garden work (reduced	$100.00	Lawns and garden work (reduced
Filing fee reimbursement	$20.44	Filing fee reimbursement
Net award	$2,330.82
Total payable by Tenant to Landlord	$2,330.82

Claims and awards for application 4776144 — net $2,330.82 NZD. Verify on MoJ.

Rent arrears to 17 October 2023

Amount: $254.64
Awarded to: Landlord
Reason: Rent arrears to 17 October 2023

Water rates

Amount: $98.60
Awarded to: Landlord
Reason: Water rates

Cleaning

Amount: $899.30
Awarded to: Landlord
Reason: Cleaning

Rubbish removal

Amount: $165.00
Awarded to: Landlord
Reason: Rubbish removal

Repairs to walls

Amount: $246.77
Awarded to: Landlord
Reason: Repairs to walls

Claim types — money lines allowed on this order

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

Order

Michael Banks must pay Beach Realty Rentals Limited as agent for Stormy Developments $2,330.82 immediately, calculated as shown in table below:

Reasons

Ms Melhuish represented the landlord. The tenant did not attend the hearing.
The landlord has applied for rent arrears, compensation, and reimbursement of the filing fee following the end of the tenancy.

How much is owed for rent and for water rates?

The tenancy ended on 17 October 2023. The landlord provided rent records and a water rates invoice which prove the amount of rent and water rates 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 (RTA).
The tenant did not leave the premises (including the exterior) reasonably clean and tidy and did not remove all rubbish.
The tenant did not return the keys.
The garage door remote control was missing at the end of the tenancy.
The amounts ordered are proved by the production of invoices and photos and by the evidence Ms Melhuish gave at the hearing.

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 following damage was caused during the tenancy: there was damage to walls and to the dining room window. The damage is more than fair wear and tear, and the tenant has not disproved liability for the damage.
The amounts ordered are proved by invoices and photos.
As the application is successful, the tenant must pay the landlord’s Tribunal 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 4776144 — net $2,330.82 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears to 17 October 2023	$254.64	Rent arrears to 17 October 2023
Water rates	$98.60	Water rates
Cleaning	$899.30	Cleaning
Rubbish removal	$165.00	Rubbish removal
Repairs to walls	$246.77	Repairs to walls
Repair broken window in dining room	$223.84	Repair broken window in dining room
Lock/key replacement	$207.23	Lock/key replacement
Replace missing garage door remote control	$115.00	Replace missing garage door remote control
Lawns and garden work (reduced	$100.00	Lawns and garden work (reduced
Filing fee reimbursement	$20.44	Filing fee reimbursement
Net award	$2,330.82
Total payable by Tenant to Landlord	$2,330.82

Claims and awards for application 4776144 — net $2,330.82 NZD. Verify on MoJ.

Rent arrears to 17 October 2023

Amount: $254.64
Awarded to: Landlord
Reason: Rent arrears to 17 October 2023

Water rates

Amount: $98.60
Awarded to: Landlord
Reason: Water rates

Cleaning

Amount: $899.30
Awarded to: Landlord
Reason: Cleaning

Rubbish removal

Amount: $165.00
Awarded to: Landlord
Reason: Rubbish removal

Repairs to walls

Amount: $246.77
Awarded to: Landlord
Reason: Repairs to walls

Claim types — money lines allowed on this order

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

Order

Michael Banks must pay Beach Realty Rentals Limited as agent for Stormy Developments $2,330.82 immediately, calculated as shown in table below:

Reasons

Ms Melhuish represented the landlord. The tenant did not attend the hearing.
The landlord has applied for rent arrears, compensation, and reimbursement of the filing fee following the end of the tenancy.

How much is owed for rent and for water rates?

The tenancy ended on 17 October 2023. The landlord provided rent records and a water rates invoice which prove the amount of rent and water rates 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 (RTA).
The tenant did not leave the premises (including the exterior) reasonably clean and tidy and did not remove all rubbish.
The tenant did not return the keys.
The garage door remote control was missing at the end of the tenancy.
The amounts ordered are proved by the production of invoices and photos and by the evidence Ms Melhuish gave at the hearing.

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 following damage was caused during the tenancy: there was damage to walls and to the dining room window. The damage is more than fair wear and tear, and the tenant has not disproved liability for the damage.
The amounts ordered are proved by invoices and photos.
As the application is successful, the tenant must pay the landlord’s Tribunal filing fee.

Tenancy Tribunal case 4776144 — Cleanliness at 3 Wairakei Avenue, Papamoa Beach, Papamoa 3118

At a glance

Tenancy Tribunal case 4776144 — Cleanliness at 3 Wairakei Avenue, Papamoa Beach, Papamoa 3118

At a glance

Award balance

Claims & awards

Order

Reasons

How much is owed for rent and for 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 for 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