What was the outcome of Tenancy Tribunal case 4777064?

The tribunal order states: Aneta Matagi, Tiuli Matagi and Maryanne Matagi must pay Grenadier Rent

How much money was awarded in case 4777064?

Cleaning: $488.32 awarded to landlord; Cleaning: $303.03 awarded to landlord; Early Termination Costs: $892.40 awarded to landlord; Filing Fee: $20.44 awarded to landlord; Rent Arrears: $3,420.00 awarded to landlord; Water Rates: $114.15 awarded to landlord

What type of tenancy dispute was case 4777064?

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

Where can I read the official tribunal order for case 4777064?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/10061955-Tenancy_Tribunal_Order.pdf.

What was the outcome of Tenancy Tribunal case 4777064?

The tribunal order states: Aneta Matagi, Tiuli Matagi and Maryanne Matagi must pay Grenadier Rent

How much money was awarded in case 4777064?

Cleaning: $488.32 awarded to landlord; Cleaning: $303.03 awarded to landlord; Early Termination Costs: $892.40 awarded to landlord; Filing Fee: $20.44 awarded to landlord; Rent Arrears: $3,420.00 awarded to landlord; Water Rates: $114.15 awarded to landlord

What type of tenancy dispute was case 4777064?

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

Where can I read the official tribunal order for case 4777064?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/10061955-Tenancy_Tribunal_Order.pdf.

68 Lenborough Drive, Springston 7614 Tenancy Tribunal Case 4777064 — Rent arrears

Order

Claims and awards in Tenancy Tribunal application 4777064 — net $2,718.34 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears to 1 February 2024	$3,420.00	Rent arrears to 1 February 2024
Carpet Cleaning	$488.32	Carpet Cleaning
Carpet Cleaning	$303.03	Carpet Cleaning
Water rates	$114.15	Water rates
Early termination costs	$892.40	Early termination costs
Filing fee reimbursement	$20.44	Filing fee reimbursement
Net award	$2,718.34
Total payable by Tenant to Landlord	$2,718.34

Aneta Matagi, Tiuli Matagi and Maryanne Matagi must pay Grenadier Rent Shop Limited as Agent for J And P Wierenga $2,718.34 (the debt), calculated as shown in table below.

The claim for damage to the gate latch is dismissed.

By consent, the tenant must pay the debt at the rate of $50 per week.

The first payment must be made on Wednesday 13 March 2024 and payments must continue every Wednesday until the debt is paid in full.

If the tenant fails to make any payment within 2 working days of the due date, the balance of the debt owing will be payable immediately and can be enforced through the District Court.

Reasons

Mr Toa and Ms Parsons attended the hearing for the landlord. Mr and Mrs Matagi also attended.

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

This was a one-year fixed term tenancy ending on 7 July 2024. The house that the tenants were building for themselves was completed during the term and so they vacated the premises on 12 December 2023. The landlords agreed to end the tenancy early on the usual terms including that the tenants would be liable for the rent until a new tenancy of the premises started. The new tenancy started on 2 February 2024 and so this tenancy ended on 1 February 2024.

The landlord provided rent records to prove the amount owing at the end of the tenancy and the tenants agreed the amount of arrears claimed.

The landlord also produced water rates invoices covering the period of the tenancy and the amount awarded is the apportioned amount for the period of the tenancy. Relevant Law for the Landlord’s Other Claims

At the end of the tenancy the tenant must leave the premises reasonably clean and tidy.

The tenant must not carelessly or intentionally damage 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.

A landlord who consents to an early termination of a fixed term tenancy is entitled to recover from the tenancy any expenses reasonably incurred in respect of the termination. Claims Carpet Cleaning

The tenants accepted the claim for the cost of carpet cleaning during the tenancy.

Apart from cleaning in bedroom two, they disputed the claim for the carpet cleaning after the tenancy ended.

The invoice for the second carpet cleaning refers to general carpet cleaning and specialist stain and odour treatment.

The landlord produced photographs showing some staining to the carpet and I accept that there was a need for some stain treatment. I also accept that there was a need for odour treatment which was the reason for the carpet cleaning during the tenancy.

The claim for general carpet cleaning generally was not established. I note that there is no claim for general cleaning. Aside from the staining and odour, the tenants left the premises reasonably clean and tidy.

I have therefore awarded the sum of $303.03 for the end of tenancy cleaning. Gate Latch

The latch for the gate at the side of the house was deformed as shown in the end of the tenancy photographs.

I asked for digital copies of the photographs of the gate from the ingoing report and they were provided after the hearing. By zooming in on the latch, although it is not perfectly clear, it does appear that the latch is or maybe bent.

In any case, I was not satisfied that the tenants did anything careless to damage the latch. I accept their evidence that they closed the gate when it was not being used. The photographs show that the latch was not fully secured to the gate and that the bolt had to be fully extended to be put home in the bore on the closing post. It is possible that the gate could work loose in that case.

The claim is therefore dismissed. Termination Expenses

The landlord provided a list of expenses incurred in respect of the termination. They included time spent on finding a new tenant, vetting applicants and credit checks and signing up the new tenants. The tenants accepted some liability for them but not in full.

The landlord’s representatives confirmed that all the expenses had been incurred and paid by the landlord and that they were the usual expenses that they would incur and charge to the landlord in relation to a new tenancy.

I have considered the costs that are claimed and I cannot find any that are unreasonable or excessive. I have therefore awarded them in full. Filing Fee

The landlord has been largely successful and so I have awarded the filing fee. Bond

The bond has been paid to the landlord and so it is shown as a credit in the table above. Time for Payment

The parties agreed on the time for payment order above.

Claims and awards in Tenancy Tribunal application 4777064 — net $2,718.34 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears to 1 February 2024	$3,420.00	Rent arrears to 1 February 2024
Carpet Cleaning	$488.32	Carpet Cleaning
Carpet Cleaning	$303.03	Carpet Cleaning
Water rates	$114.15	Water rates
Early termination costs	$892.40	Early termination costs
Filing fee reimbursement	$20.44	Filing fee reimbursement
Net award	$2,718.34
Total payable by Tenant to Landlord	$2,718.34

Order

Aneta Matagi, Tiuli Matagi and Maryanne Matagi must pay Grenadier Rent Shop Limited as Agent for J And P Wierenga $2,718.34 (the debt), calculated as shown in table below.
The claim for damage to the gate latch is dismissed.
By consent, the tenant must pay the debt at the rate of $50 per week.
The first payment must be made on Wednesday 13 March 2024 and payments must continue every Wednesday until the debt is paid in full.
If the tenant fails to make any payment within 2 working days of the due date, the balance of the debt owing will be payable immediately and can be enforced through the District Court.

Reasons

Mr Toa and Ms Parsons attended the hearing for the landlord. Mr and Mrs Matagi also attended.
The landlord has applied for rent arrears, compensation and reimbursement of the filing fee following the end of the tenancy. Rent and Water Rates
This was a one-year fixed term tenancy ending on 7 July 2024. The house that the tenants were building for themselves was completed during the term and so they vacated the premises on 12 December 2023. The landlords agreed to end the tenancy early on the usual terms including that the tenants would be liable for the rent until a new tenancy of the premises started. The new tenancy started on 2 February 2024 and so this tenancy ended on 1 February 2024.
The landlord provided rent records to prove the amount owing at the end of the tenancy and the tenants agreed the amount of arrears claimed.
The landlord also produced water rates invoices covering the period of the tenancy and the amount awarded is the apportioned amount for the period of the tenancy. Relevant Law for the Landlord’s Other Claims
At the end of the tenancy the tenant must leave the premises reasonably clean and tidy.
The tenant must not carelessly or intentionally damage 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.
A landlord who consents to an early termination of a fixed term tenancy is entitled to recover from the tenancy any expenses reasonably incurred in respect of the termination. Claims Carpet Cleaning
The tenants accepted the claim for the cost of carpet cleaning during the tenancy.
Apart from cleaning in bedroom two, they disputed the claim for the carpet cleaning after the tenancy ended.
The invoice for the second carpet cleaning refers to general carpet cleaning and specialist stain and odour treatment.
The landlord produced photographs showing some staining to the carpet and I accept that there was a need for some stain treatment. I also accept that there was a need for odour treatment which was the reason for the carpet cleaning during the tenancy.
The claim for general carpet cleaning generally was not established. I note that there is no claim for general cleaning. Aside from the staining and odour, the tenants left the premises reasonably clean and tidy.
I have therefore awarded the sum of $303.03 for the end of tenancy cleaning. Gate Latch
The latch for the gate at the side of the house was deformed as shown in the end of the tenancy photographs.
I asked for digital copies of the photographs of the gate from the ingoing report and they were provided after the hearing. By zooming in on the latch, although it is not perfectly clear, it does appear that the latch is or maybe bent.
In any case, I was not satisfied that the tenants did anything careless to damage the latch. I accept their evidence that they closed the gate when it was not being used. The photographs show that the latch was not fully secured to the gate and that the bolt had to be fully extended to be put home in the bore on the closing post. It is possible that the gate could work loose in that case.
The claim is therefore dismissed. Termination Expenses
The landlord provided a list of expenses incurred in respect of the termination. They included time spent on finding a new tenant, vetting applicants and credit checks and signing up the new tenants. The tenants accepted some liability for them but not in full.
The landlord’s representatives confirmed that all the expenses had been incurred and paid by the landlord and that they were the usual expenses that they would incur and charge to the landlord in relation to a new tenancy.
I have considered the costs that are claimed and I cannot find any that are unreasonable or excessive. I have therefore awarded them in full. Filing Fee
The landlord has been largely successful and so I have awarded the filing fee. Bond
The bond has been paid to the landlord and so it is shown as a credit in the table above. Time for Payment
The parties agreed on the time for payment order above.

Tenancy Tribunal case 4777064 — Rent arrears at 68 Lenborough Drive, Springston 7614

At a glance

Tenancy Tribunal case 4777064 — Rent arrears at 68 Lenborough Drive, Springston 7614

At a glance

Award balance

Claims & awards

Order

Reasons

Topics & place

Residential Tenancies Act sections

Key findings

Property management

Frequently asked questions

Award balance

Claims & awards

Order

Reasons

Topics & place

Residential Tenancies Act sections

Key findings

Property management

Frequently asked questions