What was the outcome of Tenancy Tribunal case 4866320?

The tribunal order states: Fifita Toa and Denholm Nga-Whare Duzevich must pay Sunrise Property

How much money was awarded in case 4866320?

Cleaning: $382.90 awarded to landlord; Filing Fee: $20.44 awarded to landlord; Filing Fee: $20.44 awarded to landlord; Hem Curtains In Lounge: $40.00 awarded to landlord; Property Damage: $287.50 awarded to landlord; Property Damage: $115.00 awarded to landlord; Rent Arrears: $1,367.86 awarded to landlord; Rubbish Removal: $1,121.56 awarded to landlord

What type of tenancy dispute was case 4866320?

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

Where can I read the official tribunal order for case 4866320?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/10480390-Tenancy_Tribunal_Order.pdf.

What was the outcome of Tenancy Tribunal case 4866320?

The tribunal order states: Fifita Toa and Denholm Nga-Whare Duzevich must pay Sunrise Property

How much money was awarded in case 4866320?

Cleaning: $382.90 awarded to landlord; Filing Fee: $20.44 awarded to landlord; Filing Fee: $20.44 awarded to landlord; Hem Curtains In Lounge: $40.00 awarded to landlord; Property Damage: $287.50 awarded to landlord; Property Damage: $115.00 awarded to landlord; Rent Arrears: $1,367.86 awarded to landlord; Rubbish Removal: $1,121.56 awarded to landlord

What type of tenancy dispute was case 4866320?

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

Where can I read the official tribunal order for case 4866320?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/10480390-Tenancy_Tribunal_Order.pdf.

Unit/Flat 8, 22B Arabi Street, Sandringham, Auckland 1041 Tenancy Tribunal Case 4866320 — Rent arrears

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Unit/Flat 8, 22B Arabi Street, Sandringham, Auckland 1041 Tenancy Tribunal Case 4866320 — 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 4866320 — net $3,355.70 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears to 27 February 2024	$1,367.86	Rent arrears to 27 February 2024
Repair door in bedroom 2	$287.50	Repair door in bedroom 2
Repair curtain rail in lounge	$115.00	Repair curtain rail in lounge
Hem curtains in lounge	$40.00	Hem curtains in lounge
Rubbish removal and dump fees	$1,121.56	Rubbish removal and dump fees
Cleaning	$382.90	Cleaning
Filing fee reimbursement: Application 4773956	$20.44	Application 4773956
Filing fee reimbursement	$20.44	Application 4773956
Net award	$3,355.70
Total payable by Tenant to Landlord	$3,355.70

Claims and awards for application 4866320 — net $3,355.70 NZD. Verify on MoJ.

Rent arrears to 27 February 2024

Amount: $1,367.86
Awarded to: Landlord
Reason: Rent arrears to 27 February 2024

Repair door in bedroom 2

Amount: $287.50
Awarded to: Landlord
Reason: Repair door in bedroom 2

Repair curtain rail in lounge

Amount: $115.00
Awarded to: Landlord
Reason: Repair curtain rail in lounge

Hem curtains in lounge

Amount: $40.00
Awarded to: Landlord
Reason: Hem curtains in lounge

Rubbish removal and dump fees

Amount: $1,121.56
Awarded to: Landlord
Reason: Rubbish removal and dump fees

Claim types — money lines allowed on this order

Cleanliness Filing Fee Property damage Rent arrears Rubbish Removal

Order

Fifita Toa and Denholm Nga-Whare Duzevich must pay Sunrise Property Management and Services Limited as agent for David Rowe $3,355.70 immediately, calculated as shown in table below:

Reasons

Mr Mak represented the landlord. The tenants did not attend the hearing. I conducted the hearing by phone. My calls to the tenants were not answered.
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?

The tenancy ended on 27 February 2024. The Tribunal terminated the tenancy and made an order for rent arrears on 20 February 2024. Since then, the tenants have made payments towards the arrears.
The landlord provided rent records which prove the amount of rent still owing. This order therefore replaces the order for rent arrears made on 20 February 2024 – [2024] NZTT 4773956.

Did the tenants 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 tenants did not leave the premises reasonably clean and tidy and did not remove all rubbish. The amount of rubbish to be removed was considerable. The tenants consented to the landlord doing that work.

Are the tenants 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 a hole in the door of bedroom 2; the lounge curtain rail was damaged, and the lounge curtain hem had to be repaired. The damage is more than fair wear and tear, and the tenants have not disproved liability for the damage.
The amounts ordered are proved by invoices and photos and by the evidence Mr Mak gave at the hearing.
As the application is successful, the tenants must pay the landlord’s Tribunal filing fee. I have also reimbursed the filing fee on the earlier application as the adjudicator did not include that in the money order made.

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 4866320 — net $3,355.70 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears to 27 February 2024	$1,367.86	Rent arrears to 27 February 2024
Repair door in bedroom 2	$287.50	Repair door in bedroom 2
Repair curtain rail in lounge	$115.00	Repair curtain rail in lounge
Hem curtains in lounge	$40.00	Hem curtains in lounge
Rubbish removal and dump fees	$1,121.56	Rubbish removal and dump fees
Cleaning	$382.90	Cleaning
Filing fee reimbursement: Application 4773956	$20.44	Application 4773956
Filing fee reimbursement	$20.44	Application 4773956
Net award	$3,355.70
Total payable by Tenant to Landlord	$3,355.70

Claims and awards for application 4866320 — net $3,355.70 NZD. Verify on MoJ.

Rent arrears to 27 February 2024

Amount: $1,367.86
Awarded to: Landlord
Reason: Rent arrears to 27 February 2024

Repair door in bedroom 2

Amount: $287.50
Awarded to: Landlord
Reason: Repair door in bedroom 2

Repair curtain rail in lounge

Amount: $115.00
Awarded to: Landlord
Reason: Repair curtain rail in lounge

Hem curtains in lounge

Amount: $40.00
Awarded to: Landlord
Reason: Hem curtains in lounge

Rubbish removal and dump fees

Amount: $1,121.56
Awarded to: Landlord
Reason: Rubbish removal and dump fees

Claim types — money lines allowed on this order

Cleanliness Filing Fee Property damage Rent arrears Rubbish Removal

Order

Fifita Toa and Denholm Nga-Whare Duzevich must pay Sunrise Property Management and Services Limited as agent for David Rowe $3,355.70 immediately, calculated as shown in table below:

Reasons

Mr Mak represented the landlord. The tenants did not attend the hearing. I conducted the hearing by phone. My calls to the tenants were not answered.
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?

The tenancy ended on 27 February 2024. The Tribunal terminated the tenancy and made an order for rent arrears on 20 February 2024. Since then, the tenants have made payments towards the arrears.
The landlord provided rent records which prove the amount of rent still owing. This order therefore replaces the order for rent arrears made on 20 February 2024 – [2024] NZTT 4773956.

Did the tenants 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 tenants did not leave the premises reasonably clean and tidy and did not remove all rubbish. The amount of rubbish to be removed was considerable. The tenants consented to the landlord doing that work.

Are the tenants 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 a hole in the door of bedroom 2; the lounge curtain rail was damaged, and the lounge curtain hem had to be repaired. The damage is more than fair wear and tear, and the tenants have not disproved liability for the damage.
The amounts ordered are proved by invoices and photos and by the evidence Mr Mak gave at the hearing.
As the application is successful, the tenants must pay the landlord’s Tribunal filing fee. I have also reimbursed the filing fee on the earlier application as the adjudicator did not include that in the money order made.

Tenancy Tribunal case 4866320 — Rent arrears at Unit/Flat 8, 22B Arabi Street, Sandringham, Auckland 1041

At a glance

Tenancy Tribunal case 4866320 — Rent arrears at Unit/Flat 8, 22B Arabi Street, Sandringham, Auckland 1041

At a glance

Award balance

Claims & awards

Order

Reasons

How much is owed for rent?

Did the tenants comply with their obligations at the end of the tenancy?

Are the tenants 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 tenants comply with their obligations at the end of the tenancy?

Are the tenants responsible for the damage to the premises?

Topics & place

Residential Tenancies Act sections

Key findings

Property management

Frequently asked questions