What was the outcome of Tenancy Tribunal case 4868020?

The tribunal order states: Aliceson Finau must pay Port Property Management Limited As Agent For

How much money was awarded in case 4868020?

Individual award amounts are in the official MoJ PDF. Claim amounts appear on this page when claims and net totals reconcile.

What type of tenancy dispute was case 4868020?

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

Where can I read the official tribunal order for case 4868020?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/10670522-Tribunal_Order.pdf.

What was the outcome of Tenancy Tribunal case 4868020?

The tribunal order states: Aliceson Finau must pay Port Property Management Limited As Agent For

How much money was awarded in case 4868020?

Individual award amounts are in the official MoJ PDF. Claim amounts appear on this page when claims and net totals reconcile.

What type of tenancy dispute was case 4868020?

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

Where can I read the official tribunal order for case 4868020?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/10670522-Tribunal_Order.pdf.

68A Colombo Road, Waiuku, Waiuku 2123 Tenancy Tribunal Case 4868020 — Rent arrears

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68A Colombo Road, Waiuku, Waiuku 2123 Tenancy Tribunal Case 4868020 — Rent arrears | TenantCheck

Order

Aliceson Finau must pay Port Property Management Limited As Agent For Gagandeep Kaur And Akaldeep Singh Boparai $230.87 immediately, calculated as shown in table below. DescriptionLandlord Rent arrears$2,414.29 Water rates$146.14 Oven/stove cleaning$100.00 Rubbish removal$150.00 Filing fee reimbursement$20.44 Total award$2,830.87 Bond (already paid to landlord)$2,600.00 Total payable by Tenant to Landlord$230.87
The landlord’s other claims are dismissed.

Reasons

The landlord attended the hearing. The tenant did not attend. The tenant did attend an earlier hearing which was adjourned for the landlord to clarify its claims.
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 and water rates?

The tenancy ended on 30 January 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 standard is reasonably clean, it is not pristine or commercially clean. The evidence establishes that the oven was not reasonably clean. I have awarded $100 for that.
The cleaning invoice also referred to removing cobwebs from a garage and cleaning a soap dish. The photographs confirm that those were minor items. Those claims are dismissed. The premises appear reasonably clean, other than the oven.
There was also rubbish left at the premises which was removed by a handyman. His invoice included other work, which was not proved. I have awarded $150 for the rubbish removal.

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 landlord claimed that a shed door was damaged during the tenancy but did not provide any evidence of the condition of the shed at the start of the tenancy. The landlord did not establish that any damage occurred during this tenancy. The claim is dismissed.
As the landlord was substantially successful, I have awarded reimbursement of the tribunal application fee.

Order

Aliceson Finau must pay Port Property Management Limited As Agent For Gagandeep Kaur And Akaldeep Singh Boparai $230.87 immediately, calculated as shown in table below. DescriptionLandlord Rent arrears$2,414.29 Water rates$146.14 Oven/stove cleaning$100.00 Rubbish removal$150.00 Filing fee reimbursement$20.44 Total award$2,830.87 Bond (already paid to landlord)$2,600.00 Total payable by Tenant to Landlord$230.87
The landlord’s other claims are dismissed.

Reasons

The landlord attended the hearing. The tenant did not attend. The tenant did attend an earlier hearing which was adjourned for the landlord to clarify its claims.
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 and water rates?

The tenancy ended on 30 January 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 standard is reasonably clean, it is not pristine or commercially clean. The evidence establishes that the oven was not reasonably clean. I have awarded $100 for that.
The cleaning invoice also referred to removing cobwebs from a garage and cleaning a soap dish. The photographs confirm that those were minor items. Those claims are dismissed. The premises appear reasonably clean, other than the oven.
There was also rubbish left at the premises which was removed by a handyman. His invoice included other work, which was not proved. I have awarded $150 for the rubbish removal.

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 landlord claimed that a shed door was damaged during the tenancy but did not provide any evidence of the condition of the shed at the start of the tenancy. The landlord did not establish that any damage occurred during this tenancy. The claim is dismissed.
As the landlord was substantially successful, I have awarded reimbursement of the tribunal application fee.

Tenancy Tribunal case 4868020 — Rent arrears at 68A Colombo Road, Waiuku, Waiuku 2123

Tenancy Tribunal case 4868020 — Rent arrears at 68A Colombo Road, Waiuku, Waiuku 2123

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?

Property management

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?

Property management