How much money was awarded in case 4778899?

Cleaning: $600.00 awarded to landlord; Dump Fees: $230.00 awarded to landlord; Filing Fee: $20.44 awarded to landlord; Garage Door Lock: $200.00 awarded to landlord; Lawns and Garden Work: $80.00 awarded to landlord; Pest Control: $207.00 awarded to landlord; Property Damage: $1,874.50 awarded to landlord; Property Damage: $552.00 awarded to landlord; Property Damage: $20.00 awarded to landlord; Rent Arrears: $2,726.48 awarded to landlord; Water Rates: $270.21 awarded to landlord

What type of tenancy dispute was case 4778899?

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

Where can I read the official tribunal order for case 4778899?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/10295113-Tenancy_Tribunal_Order.pdf.

How much money was awarded in case 4778899?

Cleaning: $600.00 awarded to landlord; Dump Fees: $230.00 awarded to landlord; Filing Fee: $20.44 awarded to landlord; Garage Door Lock: $200.00 awarded to landlord; Lawns and Garden Work: $80.00 awarded to landlord; Pest Control: $207.00 awarded to landlord; Property Damage: $1,874.50 awarded to landlord; Property Damage: $552.00 awarded to landlord; Property Damage: $20.00 awarded to landlord; Rent Arrears: $2,726.48 awarded to landlord; Water Rates: $270.21 awarded to landlord

What type of tenancy dispute was case 4778899?

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

Where can I read the official tribunal order for case 4778899?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/10295113-Tenancy_Tribunal_Order.pdf.

Unit/Flat 3, 16 Whitmore Road, Mount Roskill, Auckland Tenancy Tribunal Case 4778899 — Rent arrears

Q: What was the outcome of Tenancy Tribunal case 4778899?

The tribunal order states: Kelevi Qaranivalu Boseniyasana and Vilimaina Malawai must pay Street Smart

Order

Claims and awards in Tenancy Tribunal application 4778899 — net $4,460.63 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears to 20.1.24	$2,726.48	Rent arrears to 20.1.24
Carpet replacement	$1,874.50	Carpet replacement
Wall and door repairs	$552.00	Wall and door repairs
Cleaning	$600.00	Cleaning
Lock/key replacement	$20.00	Lock/key replacement
Garage door lock	$200.00	Garage door lock
Pest control	$207.00	Pest control
Lawns and Garden work	$80.00	Lawns and Garden work
Dump fees	$230.00	Dump fees
Water rates	$270.21	Water rates
Filing fee reimbursement	$20.44	Filing fee reimbursement
Net award	$4,460.63
Total payable by Tenant to Landlord	$4,460.63

Kelevi Qaranivalu Boseniyasana and Vilimaina Malawai must pay Street Smart Property Management Limited as Agent for P Thareja $4,460.63 immediately, calculated as shown in table below.

The Bond Centre is to pay the bond of $2,320.00 (5028944-009) to Street Smart Property Management Limited as Agent for P Thareja immediately.

Reasons

The landlord attended the hearing. The tenants 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 tenants gave the landlord notice by email on 23 December 2023 that “Request to Withdraw Tenancy, due as going for christmas holidays. Thank you very much for your understanding and kind hearted that we can feel through our stay. Please note that my cousin bro wants to continue stay at the same house for new tenancy applicants. Please advised.”

I find that to be notice of the tenants’ intention to terminate the tenancy in terms of s.582B.

In terms of s.136 RTA, “Where any document is transmitted by email in accordance with this section after 5 pm on any day, it is to be treated, in the absence of evidence to the contrary, to have been given or served on the next working day after the date on which it was transmitted.”

This e-mail was transmitted at 8:22 am on 23 December 2023, a Saturday. However, the deemed service provisions of the Act only apply “...in the absence of evidence to the contrary....”. Here, the landlord clearly received the notice on 23 December as the e-mail was responded to that day.

I find that the tenancy ended 28 days from 23 December 2023, on 20 January 2024. Rent owed to that date is shown by the landlord’s rent statement to be $6,776.48. The landlord received an insurance payment (after deduction of the excess) of $4,050.00. The balance of $2,726.48 is owed.

The landlord has provided records proving the water rates owed 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 is required to replace worn out smoke alarm batteries during the tenancy. See section 40(1)(ca) Residential Tenancies Act 1986. The tenant must also replace standard light bulbs.

The tenant did not leave the premises reasonably clean and tidy, and did not remove all rubbish. I approve reimbursement of the cleaning costs paid by the landlord less the cost of cleaning the carpets which were replaced and less a deduction to recognise that it is the tenants’ obligation to leave the premises reasonably clean and tidy, not to indemnify the landlord for all between tenancy costs.

The final inspection records and cleaner’s notes satisfy me that there was an issue with cockroaches that required a pest treatment to be applied.

The tenant did not return 2 keys.

Final inspection photographs show that the lawns were overgrown and needed mowing.

The amounts ordered are proved by invoices provided by the landlord.

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.

The landlord has provided evidence proving that during the tenancy the carpets were damaged to the extent that they needed to be replaced.

The landlord made an insurance claim for which 3 x excess payments of $750.00 each were charged to the landlord. The insurance confirmation notes that the carpets were more than 5 years old. The 3 excess payments total more than the depreciated value of the carpet. I award 50% of the carpet replacement cost as proved by the information provided.

The landlord has provided a locksmith’s invoice showing that the garage door lock was damaged and needed replacing. As this was more than fair wear and tear that occurred during the tenancy, in the absence of evidence to the contrary it is damage the tenants are responsible for.

Final inspection photographs also show damage to walls and doors that I am satisfied occurred during the tenancy. The landlord is entitled to compensation for the repair cost which is proved by the invoice provided.

Because Street Smart Property Management Limited has substantially succeeded with the claim I must reimburse the filing fee.

Claims and awards in Tenancy Tribunal application 4778899 — net $4,460.63 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears to 20.1.24	$2,726.48	Rent arrears to 20.1.24
Carpet replacement	$1,874.50	Carpet replacement
Wall and door repairs	$552.00	Wall and door repairs
Cleaning	$600.00	Cleaning
Lock/key replacement	$20.00	Lock/key replacement
Garage door lock	$200.00	Garage door lock
Pest control	$207.00	Pest control
Lawns and Garden work	$80.00	Lawns and Garden work
Dump fees	$230.00	Dump fees
Water rates	$270.21	Water rates
Filing fee reimbursement	$20.44	Filing fee reimbursement
Net award	$4,460.63
Total payable by Tenant to Landlord	$4,460.63

Order

Kelevi Qaranivalu Boseniyasana and Vilimaina Malawai must pay Street Smart Property Management Limited as Agent for P Thareja $4,460.63 immediately, calculated as shown in table below.
The Bond Centre is to pay the bond of $2,320.00 (5028944-009) to Street Smart Property Management Limited as Agent for P Thareja immediately.

Reasons

The landlord attended the hearing. The tenants 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 tenants gave the landlord notice by email on 23 December 2023 that “Request to Withdraw Tenancy, due as going for christmas holidays. Thank you very much for your understanding and kind hearted that we can feel through our stay. Please note that my cousin bro wants to continue stay at the same house for new tenancy applicants. Please advised.”
I find that to be notice of the tenants’ intention to terminate the tenancy in terms of s.582B.
In terms of s.136 RTA, “Where any document is transmitted by email in accordance with this section after 5 pm on any day, it is to be treated, in the absence of evidence to the contrary, to have been given or served on the next working day after the date on which it was transmitted.”
This e-mail was transmitted at 8:22 am on 23 December 2023, a Saturday. However, the deemed service provisions of the Act only apply “...in the absence of evidence to the contrary....”. Here, the landlord clearly received the notice on 23 December as the e-mail was responded to that day.
I find that the tenancy ended 28 days from 23 December 2023, on 20 January 2024. Rent owed to that date is shown by the landlord’s rent statement to be $6,776.48. The landlord received an insurance payment (after deduction of the excess) of $4,050.00. The balance of $2,726.48 is owed.
The landlord has provided records proving the water rates owed 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 is required to replace worn out smoke alarm batteries during the tenancy. See section 40(1)(ca) Residential Tenancies Act 1986. The tenant must also replace standard light bulbs.
The tenant did not leave the premises reasonably clean and tidy, and did not remove all rubbish. I approve reimbursement of the cleaning costs paid by the landlord less the cost of cleaning the carpets which were replaced and less a deduction to recognise that it is the tenants’ obligation to leave the premises reasonably clean and tidy, not to indemnify the landlord for all between tenancy costs.
The final inspection records and cleaner’s notes satisfy me that there was an issue with cockroaches that required a pest treatment to be applied.
The tenant did not return 2 keys.
Final inspection photographs show that the lawns were overgrown and needed mowing.
The amounts ordered are proved by invoices provided by the landlord.

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.
The landlord has provided evidence proving that during the tenancy the carpets were damaged to the extent that they needed to be replaced.
The landlord made an insurance claim for which 3 x excess payments of $750.00 each were charged to the landlord. The insurance confirmation notes that the carpets were more than 5 years old. The 3 excess payments total more than the depreciated value of the carpet. I award 50% of the carpet replacement cost as proved by the information provided.
The landlord has provided a locksmith’s invoice showing that the garage door lock was damaged and needed replacing. As this was more than fair wear and tear that occurred during the tenancy, in the absence of evidence to the contrary it is damage the tenants are responsible for.
Final inspection photographs also show damage to walls and doors that I am satisfied occurred during the tenancy. The landlord is entitled to compensation for the repair cost which is proved by the invoice provided.
Because Street Smart Property Management Limited has substantially succeeded with the claim I must reimburse the filing fee.

Tenancy Tribunal case 4778899 — Rent arrears at Unit/Flat 3, 16 Whitmore Road, Mount Roskill, Auckland

At a glance

Tenancy Tribunal case 4778899 — Rent arrears at Unit/Flat 3, 16 Whitmore Road, Mount Roskill, Auckland

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