What was the outcome of Tenancy Tribunal case 4917657?

The tribunal order states: Peatisymerilutene Maalaelu must pay Kāinga Ora–Homes And Communities

How much money was awarded in case 4917657?

Cleaning: $98.00 awarded to landlord; Lawns and Garden Work: $300.00 awarded to landlord; Plaster Board Patch: $126.93 awarded to landlord; Rent Arrears: $1,769.00 awarded to landlord; Rubbish Removal: $816.78 awarded to landlord

What type of tenancy dispute was case 4917657?

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

Where can I read the official tribunal order for case 4917657?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/10778988-Tenancy_Tribunal_Order.pdf.

What was the outcome of Tenancy Tribunal case 4917657?

The tribunal order states: Peatisymerilutene Maalaelu must pay Kāinga Ora–Homes And Communities

How much money was awarded in case 4917657?

Cleaning: $98.00 awarded to landlord; Lawns and Garden Work: $300.00 awarded to landlord; Plaster Board Patch: $126.93 awarded to landlord; Rent Arrears: $1,769.00 awarded to landlord; Rubbish Removal: $816.78 awarded to landlord

What type of tenancy dispute was case 4917657?

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

Where can I read the official tribunal order for case 4917657?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/10778988-Tenancy_Tribunal_Order.pdf.

Unit/Flat 11, 83 Beaumonts Way, Manurewa, Auckland Tenancy Tribunal Case 4917657 — Rent arrears

Order

Claims and awards in Tenancy Tribunal application 4917657 — net $3,110.71 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Previous order application 4858582 dated 29/04/2024 (rent arrears to 29 April 2024	$1,769.00	Previous order application 4858582 dated 29/04/2024 (rent arrears to 29 April 2024
Rubbish removal	$816.78	Rubbish removal
Plaster board patch	$126.93	Plaster board patch
Cleaning	$98.00	Cleaning
Lawns and Garden work	$300.00	Lawns and Garden work
Net award	$3,110.71
Total payable by Tenant to Landlord	$3,110.71

Peatisymerilutene Maalaelu must pay Kāinga Ora–Homes And Communities $3,110.71 immediately, calculated as shown in the table below:

The landlord’s claim for rent arrears from 30 April 2024 to 01 May 2024 is dismissed.

This order incorporates the Tribunal order made on 29 April 2024 under application 4858582.

Reasons

The landlord attended the hearing. The tenant did not attend the hearing. The tenant has not communicated with the Tribunal as to why she would not attend the hearing. The hearing proceeded in the tenant’s absence.

The landlord has applied for rent arrears and compensation following the end of the tenancy.

How much is owed for rent?

On 29 April 2024, the Tribunal made an Order relating to this tenancy, terminating the tenancy for abandonment, and making an order for rent arrears to 29 April 2024. The previous Order is incorporated into this Order for enforcement purposes.

The landlord is seeking further rent arrears for the period of 30 April 2024 to 01 May 2024. The problem with this claim is that the Tribunal terminated the tenancy on 29 April 2024. It is not open to me to award rent arrears past the date the tenancy was terminated, nor is it open to me to extend the date the tenancy was terminated.

This claim is dismissed.

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

Section 40(1)(e)(ii)-(v) of the Residential Tenancies Act 1986 (RTA) provides that 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.

The landlord provided pre and post tenancy reports with photographs showing that the tenant did not leave the premises reasonably clean and tidy and did not remove all rubbish.

This claim is proved, and I order: $816.78 (including GST) for rubbish removal; $98.00 (including GST) for cleaning of the kitchen cupboards; and $300.00 (including GST) for slashing of the grass.

Is the tenant responsible for the damage to the premises?

The landlord claims of $126.93 (inclusive of GST) for repairing a patch on the wall which it says was damaged during the tenancy.

With any claim from a landlord for compensation for damage to the premises, the landlord must prove that damage 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 49B, 66K(2)(a), and 66L of the RTA.)

Section 49B(3)(a) of the RTA provides that where the damage is caused carelessly, and is covered the landlord's insurance, the tenant's liability is limited to the lesser of the insurance excess or four weeks' rent (or market rent).

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) of the 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) of the 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) of the RTA.)

The pre and post tenancy reports prove that the damage was caused during the tenancy. The damage to the wall is more than fair wear and tear, and the tenant has not disproved liability for the damage.

The tenancy agreement confirms that the premises are not insured. Given that the amount claimed is less than four weeks’ rent (or market rent), it is not necessary for me to determine if the damage was careless or intentional.

This claim is proved, and I award $126.93 (inclusive of GST) for this claim.

The landlord does not seek reimbursement of the filing fee.

Claims and awards in Tenancy Tribunal application 4917657 — net $3,110.71 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Previous order application 4858582 dated 29/04/2024 (rent arrears to 29 April 2024	$1,769.00	Previous order application 4858582 dated 29/04/2024 (rent arrears to 29 April 2024
Rubbish removal	$816.78	Rubbish removal
Plaster board patch	$126.93	Plaster board patch
Cleaning	$98.00	Cleaning
Lawns and Garden work	$300.00	Lawns and Garden work
Net award	$3,110.71
Total payable by Tenant to Landlord	$3,110.71

Order

Peatisymerilutene Maalaelu must pay Kāinga Ora–Homes And Communities $3,110.71 immediately, calculated as shown in the table below:
The landlord’s claim for rent arrears from 30 April 2024 to 01 May 2024 is dismissed.
This order incorporates the Tribunal order made on 29 April 2024 under application 4858582.

Reasons

The landlord attended the hearing. The tenant did not attend the hearing. The tenant has not communicated with the Tribunal as to why she would not attend the hearing. The hearing proceeded in the tenant’s absence.
The landlord has applied for rent arrears and compensation following the end of the tenancy.

How much is owed for rent?

On 29 April 2024, the Tribunal made an Order relating to this tenancy, terminating the tenancy for abandonment, and making an order for rent arrears to 29 April 2024. The previous Order is incorporated into this Order for enforcement purposes.
The landlord is seeking further rent arrears for the period of 30 April 2024 to 01 May 2024. The problem with this claim is that the Tribunal terminated the tenancy on 29 April 2024. It is not open to me to award rent arrears past the date the tenancy was terminated, nor is it open to me to extend the date the tenancy was terminated.
This claim is dismissed.

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

Section 40(1)(e)(ii)-(v) of the Residential Tenancies Act 1986 (RTA) provides that 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.
The landlord provided pre and post tenancy reports with photographs showing that the tenant did not leave the premises reasonably clean and tidy and did not remove all rubbish.
This claim is proved, and I order: $816.78 (including GST) for rubbish removal; $98.00 (including GST) for cleaning of the kitchen cupboards; and $300.00 (including GST) for slashing of the grass.

Is the tenant responsible for the damage to the premises?

The landlord claims of $126.93 (inclusive of GST) for repairing a patch on the wall which it says was damaged during the tenancy.
With any claim from a landlord for compensation for damage to the premises, the landlord must prove that damage 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 49B, 66K(2)(a), and 66L of the RTA.)
Section 49B(3)(a) of the RTA provides that where the damage is caused carelessly, and is covered the landlord's insurance, the tenant's liability is limited to the lesser of the insurance excess or four weeks' rent (or market rent).
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) of the 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) of the 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) of the RTA.)
The pre and post tenancy reports prove that the damage was caused during the tenancy. The damage to the wall is more than fair wear and tear, and the tenant has not disproved liability for the damage.
The tenancy agreement confirms that the premises are not insured. Given that the amount claimed is less than four weeks’ rent (or market rent), it is not necessary for me to determine if the damage was careless or intentional.
This claim is proved, and I award $126.93 (inclusive of GST) for this claim.
The landlord does not seek reimbursement of the filing fee.

Tenancy Tribunal case 4917657 — Rent arrears at Unit/Flat 11, 83 Beaumonts Way, Manurewa, Auckland

At a glance

Tenancy Tribunal case 4917657 — Rent arrears at Unit/Flat 11, 83 Beaumonts Way, Manurewa, Auckland

At a glance

Award balance

Claims & awards

Order

Reasons

How much is owed for rent?

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

Frequently asked questions

Award balance

Claims & awards

Order

Reasons

How much is owed for rent?

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

Frequently asked questions