What was the outcome of Tenancy Tribunal case 4839581?

The tribunal order states: Terianne Tarau and Jordon Rau must pay North Island Community Services

How much money was awarded in case 4839581?

Cleaning: $190.00 awarded to landlord; Cleaning: $150.00 awarded to landlord; Filing Fee: $20.44 awarded to landlord; Pool Assessment Call-Out Fee: $172.50 awarded to landlord; Property Damage: $109.25 awarded to landlord; Rent Arrears: $4,035.63 awarded to landlord; Water Rates: $410.54 awarded to landlord

What type of tenancy dispute was case 4839581?

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

Where can I read the official tribunal order for case 4839581?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/10296258-Tenancy_Tribunal_Order.pdf.

What was the outcome of Tenancy Tribunal case 4839581?

The tribunal order states: Terianne Tarau and Jordon Rau must pay North Island Community Services

How much money was awarded in case 4839581?

Cleaning: $190.00 awarded to landlord; Cleaning: $150.00 awarded to landlord; Filing Fee: $20.44 awarded to landlord; Pool Assessment Call-Out Fee: $172.50 awarded to landlord; Property Damage: $109.25 awarded to landlord; Rent Arrears: $4,035.63 awarded to landlord; Water Rates: $410.54 awarded to landlord

What type of tenancy dispute was case 4839581?

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

Where can I read the official tribunal order for case 4839581?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/10296258-Tenancy_Tribunal_Order.pdf.

19 Escalona Street, Kamo, Whangarei 0112 Tenancy Tribunal Case 4839581 — Rent arrears

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19 Escalona Street, Kamo, Whangarei 0112 Tenancy Tribunal Case 4839581 — 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 4839581 — net $2,628.36 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears to 6 May 2024	$4,035.63	claim for termination as the Tenant had vacated the property. How much is owed for rent and water rates?
Water rates	$410.54	Water rates
Cleaning	$150.00	Cleaning
Carpet Cleaning	$190.00	Carpet Cleaning
Pool assessment call-out fee	$172.50	Pool assessment call-out fee
Insinkerator damage	$109.25	Insinkerator damage
Filing fee reimbursement	$20.44	Filing fee reimbursement
Net award	$2,628.36
Total payable by Tenant to Landlord	$2,628.36

Claims and awards for application 4839581 — net $2,628.36 NZD. Verify on MoJ.

Rent arrears to 6 May 2024

Amount: $4,035.63
Awarded to: Landlord
Reason: claim for termination as the Tenant had vacated the property. How much is owed for rent and water rates?

Water rates

Amount: $410.54
Awarded to: Landlord
Reason: Water rates

Cleaning

Amount: $150.00
Awarded to: Landlord
Reason: Cleaning

Carpet Cleaning

Amount: $190.00
Awarded to: Landlord
Reason: Carpet Cleaning

Pool assessment call-out fee

Amount: $172.50
Awarded to: Landlord
Reason: Pool assessment call-out fee

Claim types — money lines allowed on this order

Carpet Cleaning Cleanliness Filing Fee Property damage Rent arrears Water Rates

Order

Terianne Tarau and Jordon Rau must pay North Island Community Services Limited T/A Propertyscouts Whangarei As Agent Suriya Koslaphirom $2,628.36 immediately, calculated as shown in table below.
The Bond Centre is to pay the bond of $2,460.00 (5917854-004) to North Island Community Services Limited T/A Propertyscouts Whangarei As Agent Suriya Koslaphirom immediately.

Reasons

The Landlord attended the hearing by video. The Tenant did not attend by video or answer the telephone calls made by the Tribunal.
The landlord has applied for rent arrears, water rates arrears compensation, refund of the bond, and reimbursement of the filing fee following the end of the tenancy. The Landlord withdrew their claim for termination as the Tenant had vacated the property.

How much is owed for rent and water rates?

The tenancy ended on 8 April 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 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. There were insect marks, cobwebs, animal faeces, and dirty windowsills to clean. There were stains from food and liquid on the carpet in the lounge and children’s bedroom. There were also urine stains from a kitten the Tenant had in the property which was not permitted by the Tenancy Agreement. An invoice was provided for the carpet cleaning, cleaning and photographs of the stains and rooms which required cleaning.
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.
Where the damage is careless, and occurs after 27 August 2019, section 49B RTA applies. If the landlord becomes aware of the damage after 27 August, the damage is presumed to have occurred after that date unless the tenant proves otherwise.
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.
Where the damage is careless and is not covered by the landlord's insurance, the tenant's liability is limited to four weeks' rent (or market rent). See section 49B(3)(b) RTA. Where insurance money is irrecoverable because of the tenant's conduct, the property is treated as if it is not insured against the damage. See section 49B(3A)(a) RTA.
Tenants are liable for the cost of repairing damage that is intentional or which results from any activity at the premises that is an imprisonable offence. This applies to anything the tenant does and anything done by a person they are responsible for. See section 49B(1) RTA.
Damage is intentional where a person intends to cause damage and takes the necessary steps to achieve that purpose. Damage is also intentional where a person does something, or allows a situation to continue, knowing that damage is a certainty. See Guo v Korck [2019] NZHC 1541.
The following damage was caused during the tenancy: insinkerator and pool. The Landlord discovered the insinkerator was blocked at the exit inspection. An invoice was provided for the Plumber to repair this and an ingoing inspection report noting there was no damage.
The pool was also damaged and required a professional to assess potential repair. Photographs were provided of a clean pool at the initial inspection and a dirty pool at the exit inspection. An invoice was provided for the call-out and quote for the repair however the Landlord only sought the call-out fee. The Landlord submitted the Tenant failed to report any damage with the pool and failed to maintain it. As a result, it was damaged beyond repair. 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.
As North Island Community Services Limited T/A Propertyscouts Whangarei As Agent Suriya Koslaphirom has wholly succeeded with the claim the Tenant 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 4839581 — net $2,628.36 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears to 6 May 2024	$4,035.63	claim for termination as the Tenant had vacated the property. How much is owed for rent and water rates?
Water rates	$410.54	Water rates
Cleaning	$150.00	Cleaning
Carpet Cleaning	$190.00	Carpet Cleaning
Pool assessment call-out fee	$172.50	Pool assessment call-out fee
Insinkerator damage	$109.25	Insinkerator damage
Filing fee reimbursement	$20.44	Filing fee reimbursement
Net award	$2,628.36
Total payable by Tenant to Landlord	$2,628.36

Claims and awards for application 4839581 — net $2,628.36 NZD. Verify on MoJ.

Rent arrears to 6 May 2024

Amount: $4,035.63
Awarded to: Landlord
Reason: claim for termination as the Tenant had vacated the property. How much is owed for rent and water rates?

Water rates

Amount: $410.54
Awarded to: Landlord
Reason: Water rates

Cleaning

Amount: $150.00
Awarded to: Landlord
Reason: Cleaning

Carpet Cleaning

Amount: $190.00
Awarded to: Landlord
Reason: Carpet Cleaning

Pool assessment call-out fee

Amount: $172.50
Awarded to: Landlord
Reason: Pool assessment call-out fee

Claim types — money lines allowed on this order

Carpet Cleaning Cleanliness Filing Fee Property damage Rent arrears Water Rates

Order

Terianne Tarau and Jordon Rau must pay North Island Community Services Limited T/A Propertyscouts Whangarei As Agent Suriya Koslaphirom $2,628.36 immediately, calculated as shown in table below.
The Bond Centre is to pay the bond of $2,460.00 (5917854-004) to North Island Community Services Limited T/A Propertyscouts Whangarei As Agent Suriya Koslaphirom immediately.

Reasons

The Landlord attended the hearing by video. The Tenant did not attend by video or answer the telephone calls made by the Tribunal.
The landlord has applied for rent arrears, water rates arrears compensation, refund of the bond, and reimbursement of the filing fee following the end of the tenancy. The Landlord withdrew their claim for termination as the Tenant had vacated the property.

How much is owed for rent and water rates?

The tenancy ended on 8 April 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 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. There were insect marks, cobwebs, animal faeces, and dirty windowsills to clean. There were stains from food and liquid on the carpet in the lounge and children’s bedroom. There were also urine stains from a kitten the Tenant had in the property which was not permitted by the Tenancy Agreement. An invoice was provided for the carpet cleaning, cleaning and photographs of the stains and rooms which required cleaning.
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.
Where the damage is careless, and occurs after 27 August 2019, section 49B RTA applies. If the landlord becomes aware of the damage after 27 August, the damage is presumed to have occurred after that date unless the tenant proves otherwise.
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.
Where the damage is careless and is not covered by the landlord's insurance, the tenant's liability is limited to four weeks' rent (or market rent). See section 49B(3)(b) RTA. Where insurance money is irrecoverable because of the tenant's conduct, the property is treated as if it is not insured against the damage. See section 49B(3A)(a) RTA.
Tenants are liable for the cost of repairing damage that is intentional or which results from any activity at the premises that is an imprisonable offence. This applies to anything the tenant does and anything done by a person they are responsible for. See section 49B(1) RTA.
Damage is intentional where a person intends to cause damage and takes the necessary steps to achieve that purpose. Damage is also intentional where a person does something, or allows a situation to continue, knowing that damage is a certainty. See Guo v Korck [2019] NZHC 1541.
The following damage was caused during the tenancy: insinkerator and pool. The Landlord discovered the insinkerator was blocked at the exit inspection. An invoice was provided for the Plumber to repair this and an ingoing inspection report noting there was no damage.
The pool was also damaged and required a professional to assess potential repair. Photographs were provided of a clean pool at the initial inspection and a dirty pool at the exit inspection. An invoice was provided for the call-out and quote for the repair however the Landlord only sought the call-out fee. The Landlord submitted the Tenant failed to report any damage with the pool and failed to maintain it. As a result, it was damaged beyond repair. 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.
As North Island Community Services Limited T/A Propertyscouts Whangarei As Agent Suriya Koslaphirom has wholly succeeded with the claim the Tenant must reimburse the filing fee.

Tenancy Tribunal case 4839581 — Rent arrears at 19 Escalona Street, Kamo, Whangarei 0112

At a glance

Tenancy Tribunal case 4839581 — Rent arrears at 19 Escalona Street, Kamo, Whangarei 0112

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