What was the outcome of Tenancy Tribunal case 4899892?

The tribunal order states: Masele Annetta Bernadette Lam must pay Silverfern Property Management

How much money was awarded in case 4899892?

Cleaning: $115.00 awarded to landlord; Cleaning: $115.00 awarded to landlord; Filing Fee: $20.44 awarded to landlord; Property Damage: $230.00 awarded to landlord; Remove Marks From Wall: $115.00 awarded to landlord; Rent Arrears: $4,812.86 awarded to landlord; Water Rates: $2,147.85 awarded to landlord

What type of tenancy dispute was case 4899892?

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

Where can I read the official tribunal order for case 4899892?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/10868616-Tenancy_Tribunal_Order.pdf.

What was the outcome of Tenancy Tribunal case 4899892?

The tribunal order states: Masele Annetta Bernadette Lam must pay Silverfern Property Management

How much money was awarded in case 4899892?

Cleaning: $115.00 awarded to landlord; Cleaning: $115.00 awarded to landlord; Filing Fee: $20.44 awarded to landlord; Property Damage: $230.00 awarded to landlord; Remove Marks From Wall: $115.00 awarded to landlord; Rent Arrears: $4,812.86 awarded to landlord; Water Rates: $2,147.85 awarded to landlord

What type of tenancy dispute was case 4899892?

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

Where can I read the official tribunal order for case 4899892?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/10868616-Tenancy_Tribunal_Order.pdf.

20 Meritage Lane, Te Atatu South, Auckland 0610 Tenancy Tribunal Case 4899892 — Rent arrears

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20 Meritage Lane, Te Atatu South, Auckland 0610 Tenancy Tribunal Case 4899892 — 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 4899892 — net $5,366.15 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears (to 9 June 2024	$4,812.86	Rent arrears (to 9 June 2024
Water rates	$2,147.85	Water rates
Carpet Cleaning	$115.00	Carpet Cleaning
Cleaning	$115.00	Carpet Cleaning
Remove marks from wall	$115.00	Remove marks from wall
Wall and door repair	$230.00	Wall and door repair
Filing fee reimbursement	$20.44	Filing fee reimbursement
Net award	$5,366.15
Total payable by Tenant to Landlord	$5,366.15

Claims and awards for application 4899892 — net $5,366.15 NZD. Verify on MoJ.

Rent arrears (to 9 June 2024

Amount: $4,812.86
Awarded to: Landlord
Reason: Rent arrears (to 9 June 2024

Water rates

Amount: $2,147.85
Awarded to: Landlord
Reason: Water rates

Carpet Cleaning

Amount: $115.00
Awarded to: Landlord
Reason: Carpet Cleaning

Cleaning

Amount: $115.00
Awarded to: Landlord
Reason: Carpet Cleaning

Remove marks from wall

Amount: $115.00
Awarded to: Landlord
Reason: Remove marks from wall

Claim types — money lines allowed on this order

Carpet Cleaning Cleanliness Filing Fee Property damage Rent arrears Water Rates

Order

Masele Annetta Bernadette Lam must pay Silverfern Property Management Limited $5,366.15 immediately, calculated as shown in the table below.
The Bond Centre is to pay the bond of $2,190.00 (6325652-001) to Silverfern Property Management Limited immediately.

Reasons

The landlord attended the hearing. The tenant did not attend. An unsuccessful attempt was made to phone the tenant on the number provided in the application, which is the number given by the tenant in the tenancy agreement.
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 landlord initially filed an application seeking termination of the tenancy for rent arrears. The tenant then moved out on 9 June 2024 and the landlord seeks an Order for arrears of rent owed to that date. The amount owing is proved by the rent summary provided.
The landlord has provided the tenant ledger and Watercare invoices proving the amount owed for water use to the end of the last reading period, on 28 May 2024.

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.
Exit inspection photographs provided by the landlord show that parts of the kitchen were not left reasonably clean and tidy, there were marks on some walls and one area of the carpet was also dirty.
A door had been replaced by the tenants but was not painted or fitted with door hardware. Another door had been opened against the wall behind it, the handle causing a hole in the gib board that needed to be repaired and painted.
The landlord provided an invoice for that cleaning and repair work from Tang Dynasty Investment Limited. That company appears to be an entity related to the landlord and I cannot treat that invoice as evidence of the loss caused to the landlord.
I therefore need to estimate the award that would be reasonable, to compensate the landlord for the loss caused by the tenant’s breach, taking into account the exit inspection evidence and that the landlord is not entitled to a profit component in undertaking the work.
My assessment is that for the kitchen cleaning, wall cleaning and carpet cleaning, compensation equal to 2 hours work @ $50.00 per hour (plus GST) would be reasonable.
For the work to paint the new door, fit hardware to it and plaster and paint the hole in the wall, twice that amount would be reasonable.
Because Silverfern Property Management Limited has succeeded with the claim I 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 4899892 — net $5,366.15 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears (to 9 June 2024	$4,812.86	Rent arrears (to 9 June 2024
Water rates	$2,147.85	Water rates
Carpet Cleaning	$115.00	Carpet Cleaning
Cleaning	$115.00	Carpet Cleaning
Remove marks from wall	$115.00	Remove marks from wall
Wall and door repair	$230.00	Wall and door repair
Filing fee reimbursement	$20.44	Filing fee reimbursement
Net award	$5,366.15
Total payable by Tenant to Landlord	$5,366.15

Claims and awards for application 4899892 — net $5,366.15 NZD. Verify on MoJ.

Rent arrears (to 9 June 2024

Amount: $4,812.86
Awarded to: Landlord
Reason: Rent arrears (to 9 June 2024

Water rates

Amount: $2,147.85
Awarded to: Landlord
Reason: Water rates

Carpet Cleaning

Amount: $115.00
Awarded to: Landlord
Reason: Carpet Cleaning

Cleaning

Amount: $115.00
Awarded to: Landlord
Reason: Carpet Cleaning

Remove marks from wall

Amount: $115.00
Awarded to: Landlord
Reason: Remove marks from wall

Claim types — money lines allowed on this order

Carpet Cleaning Cleanliness Filing Fee Property damage Rent arrears Water Rates

Order

Masele Annetta Bernadette Lam must pay Silverfern Property Management Limited $5,366.15 immediately, calculated as shown in the table below.
The Bond Centre is to pay the bond of $2,190.00 (6325652-001) to Silverfern Property Management Limited immediately.

Reasons

The landlord attended the hearing. The tenant did not attend. An unsuccessful attempt was made to phone the tenant on the number provided in the application, which is the number given by the tenant in the tenancy agreement.
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 landlord initially filed an application seeking termination of the tenancy for rent arrears. The tenant then moved out on 9 June 2024 and the landlord seeks an Order for arrears of rent owed to that date. The amount owing is proved by the rent summary provided.
The landlord has provided the tenant ledger and Watercare invoices proving the amount owed for water use to the end of the last reading period, on 28 May 2024.

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.
Exit inspection photographs provided by the landlord show that parts of the kitchen were not left reasonably clean and tidy, there were marks on some walls and one area of the carpet was also dirty.
A door had been replaced by the tenants but was not painted or fitted with door hardware. Another door had been opened against the wall behind it, the handle causing a hole in the gib board that needed to be repaired and painted.
The landlord provided an invoice for that cleaning and repair work from Tang Dynasty Investment Limited. That company appears to be an entity related to the landlord and I cannot treat that invoice as evidence of the loss caused to the landlord.
I therefore need to estimate the award that would be reasonable, to compensate the landlord for the loss caused by the tenant’s breach, taking into account the exit inspection evidence and that the landlord is not entitled to a profit component in undertaking the work.
My assessment is that for the kitchen cleaning, wall cleaning and carpet cleaning, compensation equal to 2 hours work @ $50.00 per hour (plus GST) would be reasonable.
For the work to paint the new door, fit hardware to it and plaster and paint the hole in the wall, twice that amount would be reasonable.
Because Silverfern Property Management Limited has succeeded with the claim I must reimburse the filing fee.

Tenancy Tribunal case 4899892 — Rent arrears at 20 Meritage Lane, Te Atatu South, Auckland 0610

At a glance

Tenancy Tribunal case 4899892 — Rent arrears at 20 Meritage Lane, Te Atatu South, Auckland 0610

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?

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?

Topics & place

Residential Tenancies Act sections

Key findings

Property management

Frequently asked questions