What was the outcome of Tenancy Tribunal case 4816577?

The tribunal order states: Etelei Salafa Porter must pay Landmark Group Property Management Limited

How much money was awarded in case 4816577?

Cleaning: $207.00 awarded to landlord; Cleaning: $747.50 awarded to landlord; Filing Fee: $20.44 awarded to landlord; Rent Arrears: $3,250.00 awarded to landlord; Walls: $2,300.00 awarded to landlord; Water Rates: $454.26 awarded to landlord

What type of tenancy dispute was case 4816577?

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

Where can I read the official tribunal order for case 4816577?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/10487502-Tenancy_Tribunal_Order.pdf.

What was the outcome of Tenancy Tribunal case 4816577?

The tribunal order states: Etelei Salafa Porter must pay Landmark Group Property Management Limited

How much money was awarded in case 4816577?

Cleaning: $207.00 awarded to landlord; Cleaning: $747.50 awarded to landlord; Filing Fee: $20.44 awarded to landlord; Rent Arrears: $3,250.00 awarded to landlord; Walls: $2,300.00 awarded to landlord; Water Rates: $454.26 awarded to landlord

What type of tenancy dispute was case 4816577?

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

Where can I read the official tribunal order for case 4816577?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/10487502-Tenancy_Tribunal_Order.pdf.

Unit/Flat 4, 29 Kenderdine Road, Papatoetoe, Auckland Tenancy Tribunal Case 4816577 — Rent arrears

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Unit/Flat 4, 29 Kenderdine Road, Papatoetoe, Auckland Tenancy Tribunal Case 4816577 — 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 4816577 — net $3,979.20 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears to 22 February 2024	$3,250.00	Rent arrears to 22 February 2024
Water rates	$454.26	Water rates
Cleaning	$747.50	Cleaning
Carpet Cleaning	$207.00	Carpet Cleaning
Repairs: walls	$2,300.00	Repairs: walls
Filing fee reimbursement	$20.44	Filing fee reimbursement
Net award	$3,979.20
Total payable by Tenant to Landlord	$3,979.20

Claims and awards for application 4816577 — net $3,979.20 NZD. Verify on MoJ.

Rent arrears to 22 February 2024

Amount: $3,250.00
Awarded to: Landlord
Reason: Rent arrears to 22 February 2024

Water rates

Amount: $454.26
Awarded to: Landlord
Reason: Water rates

Cleaning

Amount: $747.50
Awarded to: Landlord
Reason: Cleaning

Carpet Cleaning

Amount: $207.00
Awarded to: Landlord
Reason: Carpet Cleaning

Repairs: walls

Amount: $2,300.00
Awarded to: Landlord
Reason: Repairs: walls

Claim types — money lines allowed on this order

Carpet Cleaning Cleanliness Filing Fee Rent arrears Property damage Water Rates

Order

Etelei Salafa Porter must pay Landmark Group Property Management Limited $3,979.20 immediately, calculated as shown in table below.
The Bond Centre is to pay the bond of $3,000.00 (6459158-002) to Landmark Group Property Management Limited immediately.

Reasons

Only the landlord attended the hearing.
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 and water rates?

The tenancy was found abandoned by the landlord on 22 February 2024. The landlord provided rent records and water rates invoices 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 amounts ordered are proved.

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 walls were damaged during the tenancy. The damage is more than fair wear and tear, and the tenant has not disproved liability for the damage.
The amounts ordered are proved.
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. In calculating depreciation, I have taken into account the age and condition of the items at the start of the tenancy and their likely useful lifespan.

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 4816577 — net $3,979.20 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears to 22 February 2024	$3,250.00	Rent arrears to 22 February 2024
Water rates	$454.26	Water rates
Cleaning	$747.50	Cleaning
Carpet Cleaning	$207.00	Carpet Cleaning
Repairs: walls	$2,300.00	Repairs: walls
Filing fee reimbursement	$20.44	Filing fee reimbursement
Net award	$3,979.20
Total payable by Tenant to Landlord	$3,979.20

Claims and awards for application 4816577 — net $3,979.20 NZD. Verify on MoJ.

Rent arrears to 22 February 2024

Amount: $3,250.00
Awarded to: Landlord
Reason: Rent arrears to 22 February 2024

Water rates

Amount: $454.26
Awarded to: Landlord
Reason: Water rates

Cleaning

Amount: $747.50
Awarded to: Landlord
Reason: Cleaning

Carpet Cleaning

Amount: $207.00
Awarded to: Landlord
Reason: Carpet Cleaning

Repairs: walls

Amount: $2,300.00
Awarded to: Landlord
Reason: Repairs: walls

Claim types — money lines allowed on this order

Carpet Cleaning Cleanliness Filing Fee Rent arrears Property damage Water Rates

Order

Etelei Salafa Porter must pay Landmark Group Property Management Limited $3,979.20 immediately, calculated as shown in table below.
The Bond Centre is to pay the bond of $3,000.00 (6459158-002) to Landmark Group Property Management Limited immediately.

Reasons

Only the landlord attended the hearing.
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 and water rates?

The tenancy was found abandoned by the landlord on 22 February 2024. The landlord provided rent records and water rates invoices 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 amounts ordered are proved.

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 walls were damaged during the tenancy. The damage is more than fair wear and tear, and the tenant has not disproved liability for the damage.
The amounts ordered are proved.
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. In calculating depreciation, I have taken into account the age and condition of the items at the start of the tenancy and their likely useful lifespan.

Tenancy Tribunal case 4816577 — Rent arrears at Unit/Flat 4, 29 Kenderdine Road, Papatoetoe, Auckland

At a glance

Tenancy Tribunal case 4816577 — Rent arrears at Unit/Flat 4, 29 Kenderdine Road, Papatoetoe, Auckland

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