What was the outcome of Tenancy Tribunal case 4997548?

The tribunal order states: Ethan Brocas and Cara Bennett must pay Barfoot & Thompson Limited As

How much money was awarded in case 4997548?

Cleaning: $109.25 awarded to landlord; Disposal Of Items: $414.00 awarded to landlord; Filing Fee: $27.00 awarded to landlord; Rent Arrears: $1,665.71 awarded to landlord; Rubbish Removal: $1,150.00 awarded to landlord

What type of tenancy dispute was case 4997548?

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

Where can I read the official tribunal order for case 4997548?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/11106060-Tenancy_Tribunal_Order.pdf.

What was the outcome of Tenancy Tribunal case 4997548?

The tribunal order states: Ethan Brocas and Cara Bennett must pay Barfoot & Thompson Limited As

How much money was awarded in case 4997548?

Cleaning: $109.25 awarded to landlord; Disposal Of Items: $414.00 awarded to landlord; Filing Fee: $27.00 awarded to landlord; Rent Arrears: $1,665.71 awarded to landlord; Rubbish Removal: $1,150.00 awarded to landlord

What type of tenancy dispute was case 4997548?

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

Where can I read the official tribunal order for case 4997548?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/11106060-Tenancy_Tribunal_Order.pdf.

Unit/Flat 2, 38 Wakelin Road, Beachlands, Auckland 2018 Tenancy Tribunal Case 4997548 — Rent arrears

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Unit/Flat 2, 38 Wakelin Road, Beachlands, Auckland 2018 Tenancy Tribunal Case 4997548 — 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 4997548 — net $1,365.96 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears	$1,665.71	Rent arrears
Filing fee reimbursement	$27.00	Filing fee reimbursement
Carpet Cleaning	$109.25	Carpet Cleaning
Cleaning/rubbish removal/storage/gardening	$1,150.00	Cleaning/rubbish removal/storage/gardening
Disposal of items	$414.00	Disposal of items
Net award	$1,365.96
Total payable by Tenant to Landlord	$1,365.96

Claims and awards for application 4997548 — net $1,365.96 NZD. Verify on MoJ.

Rent arrears

Amount: $1,665.71
Awarded to: Landlord
Reason: Rent arrears

Filing fee reimbursement

Amount: $27.00
Awarded to: Landlord
Reason: Filing fee reimbursement

Carpet Cleaning

Amount: $109.25
Awarded to: Landlord
Reason: Carpet Cleaning

Cleaning/rubbish removal/storage/gardening

Amount: $1,150.00
Awarded to: Landlord
Reason: Cleaning/rubbish removal/storage/gardening

Disposal of items

Amount: $414.00
Awarded to: Landlord
Reason: Disposal of items

Claim types — money lines allowed on this order

Carpet Cleaning Filing Fee Rent arrears Rubbish Removal

Order

Ethan Brocas and Cara Bennett must pay Barfoot & Thompson Limited As Agent For Chea-Tieu, Buon Tieu, Quang Luong $1365.96 immediately, calculated as shown in table below.
The Bond Centre is to pay the bond of $2,000.00 (3458806-007) to Barfoot & Thompson Limited As Agent For Chea-Tieu, Buon Tieu, Quang Luong immediately.

Reasons

Both parties attended the hearing, via video conference. Cara Bennett appeared and advised the other tenant, Ethan Brocas, was now overseas. The call to his telephone number went unanswered. His email address was an address for service and I consider him to have been served.
The landlord has applied for rent arrears, compensation, refund of the bond, and reimbursement of the filing fee following the end of the tenancy.
Cara submitted she left the tenancy in February 2024. This was a fixed-term tenancy and no formal removal of her from the tenancy took place. She acknowledged she did return to the premises at times after her leaving. She stated she had no knowledge of the condition at the end of the tenancy, except via the landlord evidence.
Given the early departure of one tenant, I instigated a discussion on tenant liability. Having considered the submissions and lack of alternative evidence, I make the order in both tenant names.

How much is owed for rent?

The tenancy ended on 2 August 2024. The landlord provided rent records which prove the amount owing at the end of the tenancy are as ordered.

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 tenant did not leave the premises reasonably clean and tidy, and did not remove all rubbish. The carpet required a professional clean at a cost of $109.25. Photos and an invoice establish the effort and cost.
Possessions were left by the tenants without arrangement. The landlord initially stored, and them disposed, of the items.
The landlord provided an invoice for the combined efforts of cleaning, rubbish removal, removal to storage, and outdoor/garden clean up. The effort and cost of each were itemised and the invoice was supported by photos. I award the full invoiced cost.
A final invoice of $414.00 was provided. That was the cost of the subsequent disposal of abandoned items. There was no obvious value to be extracted from any sale. A before and after photo evidenced the extent, commensurate with the invoiced cost. This invoice is awarded in full.
The amounts ordered are proved. Filing fee
Because Barfoot & Thompson Limited As Agent For Chea-Tieu, Buon Tieu, Quang Luong has wholly 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 4997548 — net $1,365.96 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears	$1,665.71	Rent arrears
Filing fee reimbursement	$27.00	Filing fee reimbursement
Carpet Cleaning	$109.25	Carpet Cleaning
Cleaning/rubbish removal/storage/gardening	$1,150.00	Cleaning/rubbish removal/storage/gardening
Disposal of items	$414.00	Disposal of items
Net award	$1,365.96
Total payable by Tenant to Landlord	$1,365.96

Claims and awards for application 4997548 — net $1,365.96 NZD. Verify on MoJ.

Rent arrears

Amount: $1,665.71
Awarded to: Landlord
Reason: Rent arrears

Filing fee reimbursement

Amount: $27.00
Awarded to: Landlord
Reason: Filing fee reimbursement

Carpet Cleaning

Amount: $109.25
Awarded to: Landlord
Reason: Carpet Cleaning

Cleaning/rubbish removal/storage/gardening

Amount: $1,150.00
Awarded to: Landlord
Reason: Cleaning/rubbish removal/storage/gardening

Disposal of items

Amount: $414.00
Awarded to: Landlord
Reason: Disposal of items

Claim types — money lines allowed on this order

Carpet Cleaning Filing Fee Rent arrears Rubbish Removal

Order

Ethan Brocas and Cara Bennett must pay Barfoot & Thompson Limited As Agent For Chea-Tieu, Buon Tieu, Quang Luong $1365.96 immediately, calculated as shown in table below.
The Bond Centre is to pay the bond of $2,000.00 (3458806-007) to Barfoot & Thompson Limited As Agent For Chea-Tieu, Buon Tieu, Quang Luong immediately.

Reasons

Both parties attended the hearing, via video conference. Cara Bennett appeared and advised the other tenant, Ethan Brocas, was now overseas. The call to his telephone number went unanswered. His email address was an address for service and I consider him to have been served.
The landlord has applied for rent arrears, compensation, refund of the bond, and reimbursement of the filing fee following the end of the tenancy.
Cara submitted she left the tenancy in February 2024. This was a fixed-term tenancy and no formal removal of her from the tenancy took place. She acknowledged she did return to the premises at times after her leaving. She stated she had no knowledge of the condition at the end of the tenancy, except via the landlord evidence.
Given the early departure of one tenant, I instigated a discussion on tenant liability. Having considered the submissions and lack of alternative evidence, I make the order in both tenant names.

How much is owed for rent?

The tenancy ended on 2 August 2024. The landlord provided rent records which prove the amount owing at the end of the tenancy are as ordered.

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 tenant did not leave the premises reasonably clean and tidy, and did not remove all rubbish. The carpet required a professional clean at a cost of $109.25. Photos and an invoice establish the effort and cost.
Possessions were left by the tenants without arrangement. The landlord initially stored, and them disposed, of the items.
The landlord provided an invoice for the combined efforts of cleaning, rubbish removal, removal to storage, and outdoor/garden clean up. The effort and cost of each were itemised and the invoice was supported by photos. I award the full invoiced cost.
A final invoice of $414.00 was provided. That was the cost of the subsequent disposal of abandoned items. There was no obvious value to be extracted from any sale. A before and after photo evidenced the extent, commensurate with the invoiced cost. This invoice is awarded in full.
The amounts ordered are proved. Filing fee
Because Barfoot & Thompson Limited As Agent For Chea-Tieu, Buon Tieu, Quang Luong has wholly succeeded with the claim I must reimburse the filing fee.

Tenancy Tribunal case 4997548 — Rent arrears at Unit/Flat 2, 38 Wakelin Road, Beachlands, Auckland 2018

At a glance

Tenancy Tribunal case 4997548 — Rent arrears at Unit/Flat 2, 38 Wakelin Road, Beachlands, Auckland 2018

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?

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

Topics & place

Residential Tenancies Act sections

Key findings

Property management

Frequently asked questions