What was the outcome of Tenancy Tribunal case 4872461?

The tribunal order states: Mele T Toto Minoneti, Luisa Clare Vaihu and Ofa Siutaka Helotu Totau must

How much money was awarded in case 4872461?

Filing Fee: $20.44 awarded to landlord; Lease Break Cost: $500.25 awarded to landlord; Reinstate Door Jamb With A New Timbe…: $379.50 awarded to landlord; Rent Arrears: $3,992.86 awarded to landlord; Rubbish Removal: $362.25 awarded to landlord; Water Rates: $323.33 awarded to landlord

What type of tenancy dispute was case 4872461?

The primary dispute was Rent arrears.

Where can I read the official tribunal order for case 4872461?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/10767670-Tenancy_Tribunal_Order.pdf.

What was the outcome of Tenancy Tribunal case 4872461?

The tribunal order states: Mele T Toto Minoneti, Luisa Clare Vaihu and Ofa Siutaka Helotu Totau must

How much money was awarded in case 4872461?

Filing Fee: $20.44 awarded to landlord; Lease Break Cost: $500.25 awarded to landlord; Reinstate Door Jamb With A New Timbe…: $379.50 awarded to landlord; Rent Arrears: $3,992.86 awarded to landlord; Rubbish Removal: $362.25 awarded to landlord; Water Rates: $323.33 awarded to landlord

What type of tenancy dispute was case 4872461?

The primary dispute was Rent arrears.

Where can I read the official tribunal order for case 4872461?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/10767670-Tenancy_Tribunal_Order.pdf.

2 Viola Avenue, Mangere East, Auckland 2024 Tenancy Tribunal Case 4872461 — Rent arrears

Reasons

Claims and awards in Tenancy Tribunal application 4872461 — net $2,978.63 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears to 17/05/2024	$3,992.86	Rent arrears to 17/05/2024
Water rates	$323.33	Water rates
Lease break cost	$500.25	Lease break cost
Reinstate door jamb with a new timber frame & remount letterbox	$379.50	Reinstate door jamb with a new timber frame & remount letterbox
Rubbish removal	$362.25	Rubbish removal
Filing fee reimbursement	$20.44	Filing fee reimbursement
Net award	$2,978.63
Total payable by Tenant to Landlord	$2,978.63

The landlord attended the hearing by teleconference. The other parties did not attend. I am satisfied adequate service of the hearing notice has been completed and proceeded with the hearing in the absence of the other parties.

The landlord has applied for rent arrears, unpaid water rates, compensation for damages, 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?

This was a fixed term tenancy. It commenced on 24 November 2023 and was scheduled to expire on 31 January 2025.

The tenants abandoned the fixed term tenancy.

Pursuant to a fixed term tenancy the tenants remain liable for all the rent during the fixed term unless the landlord can mitigate the loss by finding a new tenant in which case the tenants remain liable to the date that the new tenant takes over.

The landlord has no legal requirement to so mitigate as the Residential Tenancies Act 1986 (“RTA”) specifically states that mitigation shall not apply to fixed term tenancies.

In this case the landlord managed to mitigate the potential loss by re-letting the premises on 18 May 2024 which reduced the tenants' liability. The landlord has produced the rent summary and amount of rent owing has been established.

The least break cost is reasonable to cover the work required to re-let the premises.

The landlord has also produced water rates invoices which prove the amount owing at the end of the tenancy.

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) RTA.

The landlord proved on the evidence that the tenants did not remove all rubbish. The landlord relied on photographic evidence and an invoice.

The amount ordered is proved.

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: the door jamb/frame was damaged and he letter box was dislodged. The damage is more than fair wear and tear, and the tenants have not disproved liability for the damage.

The amounts ordered are proved. Filing fee

As the landlord has wholly succeeded with the claim, I must order the other party to reimburse the filing fee. Guarantor

On 22 November 2023, the guarantor, Ofa Siutaka Helotu Totau, provided a guarantee to the landlord, which undertook that she would be liable for any breach of the tenants’ obligations.

The Tribunal has ordered the tenants to pay $2,978.63 to the landlord for the tenants’ breaches, which are all matters covered by the guarantee.

I am therefore satisfied that the guarantor is liable under the guarantee to pay the landlord the sum ordered. See section 77(2)(ka) RTA.

Claims and awards in Tenancy Tribunal application 4872461 — net $2,978.63 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears to 17/05/2024	$3,992.86	Rent arrears to 17/05/2024
Water rates	$323.33	Water rates
Lease break cost	$500.25	Lease break cost
Reinstate door jamb with a new timber frame & remount letterbox	$379.50	Reinstate door jamb with a new timber frame & remount letterbox
Rubbish removal	$362.25	Rubbish removal
Filing fee reimbursement	$20.44	Filing fee reimbursement
Net award	$2,978.63
Total payable by Tenant to Landlord	$2,978.63

Order

Mele T Toto Minoneti, Luisa Clare Vaihu and Ofa Siutaka Helotu Totau must pay SLPM Limited $2,978.63 immediately, calculated as shown in the table below:
The Bond Centre is to pay the bond of $2,600.00 (5730331-002) to SLPM Limited immediately.

Reasons

The landlord attended the hearing by teleconference. The other parties did not attend. I am satisfied adequate service of the hearing notice has been completed and proceeded with the hearing in the absence of the other parties.
The landlord has applied for rent arrears, unpaid water rates, compensation for damages, 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?

This was a fixed term tenancy. It commenced on 24 November 2023 and was scheduled to expire on 31 January 2025.
The tenants abandoned the fixed term tenancy.
Pursuant to a fixed term tenancy the tenants remain liable for all the rent during the fixed term unless the landlord can mitigate the loss by finding a new tenant in which case the tenants remain liable to the date that the new tenant takes over.
The landlord has no legal requirement to so mitigate as the Residential Tenancies Act 1986 (“RTA”) specifically states that mitigation shall not apply to fixed term tenancies.
In this case the landlord managed to mitigate the potential loss by re-letting the premises on 18 May 2024 which reduced the tenants' liability. The landlord has produced the rent summary and amount of rent owing has been established.
The least break cost is reasonable to cover the work required to re-let the premises.
The landlord has also produced water rates invoices which prove the amount owing at the end of the tenancy.

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) RTA.
The landlord proved on the evidence that the tenants did not remove all rubbish. The landlord relied on photographic evidence and an invoice.
The amount ordered is proved.

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: the door jamb/frame was damaged and he letter box was dislodged. The damage is more than fair wear and tear, and the tenants have not disproved liability for the damage.
The amounts ordered are proved. Filing fee
As the landlord has wholly succeeded with the claim, I must order the other party to reimburse the filing fee. Guarantor
On 22 November 2023, the guarantor, Ofa Siutaka Helotu Totau, provided a guarantee to the landlord, which undertook that she would be liable for any breach of the tenants’ obligations.
The Tribunal has ordered the tenants to pay $2,978.63 to the landlord for the tenants’ breaches, which are all matters covered by the guarantee.
I am therefore satisfied that the guarantor is liable under the guarantee to pay the landlord the sum ordered. See section 77(2)(ka) RTA.

Tenancy Tribunal case 4872461 — Rent arrears at 2 Viola Avenue, Mangere East, Auckland 2024

At a glance

Tenancy Tribunal case 4872461 — Rent arrears at 2 Viola Avenue, Mangere East, Auckland 2024

At a glance

Award balance

Claims & awards

Order

Reasons

How much is owed for rent and water rates?

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 and water rates?

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