What was the outcome of Tenancy Tribunal case 5018068?

The tribunal order states: Lalomauga Moe Auvaa and Autalavou Moe Auvaa must pay Reforma P.M.

How much money was awarded in case 5018068?

Cleaning: $300.00 awarded to landlord; Eviction Warrant: $258.00 awarded to landlord; Filing Fee: $27.00 awarded to landlord; Pest Control: $627.00 awarded to landlord; Property Damage: $282.33 awarded to landlord; Property Damage: $547.50 awarded to landlord; Rent Arrears: $1,444.29 awarded to landlord; Painting: $575.00 awarded to landlord; Replace Furnishings: Oven: $349.00 awarded to landlord; Rubbish Removal: $465.00 awarded to landlord

What type of tenancy dispute was case 5018068?

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

Where can I read the official tribunal order for case 5018068?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/11458685-Tenancy_Tribunal_Order.pdf.

What was the outcome of Tenancy Tribunal case 5018068?

The tribunal order states: Lalomauga Moe Auvaa and Autalavou Moe Auvaa must pay Reforma P.M.

How much money was awarded in case 5018068?

Cleaning: $300.00 awarded to landlord; Eviction Warrant: $258.00 awarded to landlord; Filing Fee: $27.00 awarded to landlord; Pest Control: $627.00 awarded to landlord; Property Damage: $282.33 awarded to landlord; Property Damage: $547.50 awarded to landlord; Rent Arrears: $1,444.29 awarded to landlord; Painting: $575.00 awarded to landlord; Replace Furnishings: Oven: $349.00 awarded to landlord; Rubbish Removal: $465.00 awarded to landlord

What type of tenancy dispute was case 5018068?

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

Where can I read the official tribunal order for case 5018068?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/11458685-Tenancy_Tribunal_Order.pdf.

Unit/Flat 1, 122 Clayton Avenue, Otara, Auckland 2023 Tenancy Tribunal Case 5018068 — Rent arrears

Order

Claims and awards in Tenancy Tribunal application 5018068 — net $3,275.12 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears to 3 September 2024	$1,444.29	Rent arrears to 3 September 2024
Cleaning	$300.00	Cleaning
Rubbish removal	$465.00	Rubbish removal
Repairs: Painting	$575.00	Repairs: Painting
Pest control	$627.00	Pest control
Eviction warrant	$258.00	Eviction warrant
Replace furnishings: Oven	$349.00	Replace furnishings: Oven
Window repairs	$282.33	Window repairs
Lock/key replacement	$547.50	Lock/key replacement
Filing fee reimbursement	$27.00	Filing fee reimbursement
Net award	$3,275.12
Total payable by Tenant to Landlord	$3,275.12

Lalomauga Moe Auvaa and Autalavou Moe Auvaa must pay Reforma P.M. Limited As Agent For Engelbrecht Family Trust-Clayton/Kathy & Ian Engelbrecht $3,275.12 immediately, calculated as shown in table below.

The Bond Centre is to pay the bond of $1,600.00 (4999106-016) to Reforma P.M. Limited As Agent For Engelbrecht Family Trust-Clayton/Kathy & Ian Engelbrecht immediately.

Reasons

The landlord attended the hearing. The tenant did not.

The landlord has applied for rent arrears, compensation, refund of the bond, and reimbursement of the filing fee following the end of the tenancy.

As the applicant, the landlord must prove their claim to the civil law standard of proof, on the balance of probabilities.

How much is owed for rent?

The tenancy ended on 5 August 2024, however the tenant did not vacate the premises until 3 September 2024.

Section 60(1) Residential Tenancies Act 1986 (RTA) states: Where a tenant remains in occupation of the premises after the tenancy has terminated or has been terminated, all the obligations of the tenant shall continue in force as if the tenancy were still subsisting until such time as the tenant ceases to occupy the premises.

The tenant is liable to pay rent up to 3 September 2024.

The landlord provided rent records which prove the amount owing up to this date, namely $1,444.29. The landlord’s claim for rent arrears is granted in full for this amount.

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 is required to replace worn out smoke alarm batteries during the tenancy. See section 40(1)(ca) Residential Tenancies Act 1986. The tenant must also replace standard light bulbs.

The landlord claims the tenant did not return the keys or leave the premises reasonably clean and tidy. The landlord also claims the tenant did not remove all rubbish.

The landlord submitted photographs of the property taken at the end of the tenancy. These photographs prove the tenant left rubbish, personal belongings, miscellaneous household items and furniture at the property. The property also appears to be generally quite dirty.

On the balance of probabilities, I am satisfied that the tenant did not leave the premises reasonably clean and tidy, and did not remove all rubbish.

The landlord gave evidence the property was infested with cockroaches and rodents due to the condition it was left in.

The landlord submitted invoices for pest control, cleaning and rubbish removal.

The landlord’s claim for cleaning and rubbish removal is granted in full for the following amounts: a. Cleaning: $437.50 b. Pest control: $627.00 c. Rubbish removal:$465.00

The landlord gave evidence that the tenant did not return the keys at the end of the tenancy. The landlord submitted an invoice for $547.50 to replace the locks and keys. The landlord’s claim for key and lock replacement is granted in full for this amount.

The amounts ordered are proved.

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 submitted photographs of the property taken at the beginning and end of the tenancy. On the basis of these photographs and evidence given by the landlord at the hearing, I am satisfied on the balance of probabilities that the following damage occurred during the tenancy: a. Internal doors damaged with dents, missing paint and missing handles; b. Holes in the wall in the laundry/sleepout area; c. Kitchen window missing; and d. Oven not working.

The damage is more than fair wear and tear, and the tenant has not disproved liability for the damage.

The landlord submitted invoices to repair the above matters and replace the oven.

The landlord gave evidence that the oven was approximately 12 – 16 months old at the end of the tenancy.

The landlord’s claim for compensation for damage is granted in full for the following amounts: a. Painting:$437.50 b. Window replacement: $282.33 c. Oven:$349.00

The amounts ordered are proved.

I have taken into account betterment and depreciation. The landlord should be returned to the position they would have been in had the tenant not breached their obligations, and should not be better or worse off. In calculating depreciation, I have taken into account the age and condition of the items at the start of the tenancy and their likely useful lifespan. Eviction warrant costs

Section 40(1)(e)(i) RTA requires a tenant to quit the premises on the termination of the tenancy.

This tenancy ended on 5 August 2024. The landlord gave evidence that the tenant did not vacate the premises voluntarily and the landlord had to apply for an eviction warrant to have the tenant forcibly removed.

The landlord submitted an invoice from the Ministry of Justice for $258.00. The landlord’s claim for compensation is granted in full for this amount. Filing fee

Because Reforma P.M. Limited As Agent For Engelbrecht Family Trust- Clayton/Kathy & Ian Engelbrecht has wholly succeeded with the claim I must reimburse the filing fee.

Claims and awards in Tenancy Tribunal application 5018068 — net $3,275.12 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears to 3 September 2024	$1,444.29	Rent arrears to 3 September 2024
Cleaning	$300.00	Cleaning
Rubbish removal	$465.00	Rubbish removal
Repairs: Painting	$575.00	Repairs: Painting
Pest control	$627.00	Pest control
Eviction warrant	$258.00	Eviction warrant
Replace furnishings: Oven	$349.00	Replace furnishings: Oven
Window repairs	$282.33	Window repairs
Lock/key replacement	$547.50	Lock/key replacement
Filing fee reimbursement	$27.00	Filing fee reimbursement
Net award	$3,275.12
Total payable by Tenant to Landlord	$3,275.12

Order

Lalomauga Moe Auvaa and Autalavou Moe Auvaa must pay Reforma P.M. Limited As Agent For Engelbrecht Family Trust-Clayton/Kathy & Ian Engelbrecht $3,275.12 immediately, calculated as shown in table below.
The Bond Centre is to pay the bond of $1,600.00 (4999106-016) to Reforma P.M. Limited As Agent For Engelbrecht Family Trust-Clayton/Kathy & Ian Engelbrecht immediately.

Reasons

The landlord attended the hearing. The tenant did not.
The landlord has applied for rent arrears, compensation, refund of the bond, and reimbursement of the filing fee following the end of the tenancy.
As the applicant, the landlord must prove their claim to the civil law standard of proof, on the balance of probabilities.

How much is owed for rent?

The tenancy ended on 5 August 2024, however the tenant did not vacate the premises until 3 September 2024.
Section 60(1) Residential Tenancies Act 1986 (RTA) states: Where a tenant remains in occupation of the premises after the tenancy has terminated or has been terminated, all the obligations of the tenant shall continue in force as if the tenancy were still subsisting until such time as the tenant ceases to occupy the premises.
The tenant is liable to pay rent up to 3 September 2024.
The landlord provided rent records which prove the amount owing up to this date, namely $1,444.29. The landlord’s claim for rent arrears is granted in full for this amount.

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 is required to replace worn out smoke alarm batteries during the tenancy. See section 40(1)(ca) Residential Tenancies Act 1986. The tenant must also replace standard light bulbs.
The landlord claims the tenant did not return the keys or leave the premises reasonably clean and tidy. The landlord also claims the tenant did not remove all rubbish.
The landlord submitted photographs of the property taken at the end of the tenancy. These photographs prove the tenant left rubbish, personal belongings, miscellaneous household items and furniture at the property. The property also appears to be generally quite dirty.
On the balance of probabilities, I am satisfied that the tenant did not leave the premises reasonably clean and tidy, and did not remove all rubbish.
The landlord gave evidence the property was infested with cockroaches and rodents due to the condition it was left in.
The landlord submitted invoices for pest control, cleaning and rubbish removal.
The landlord’s claim for cleaning and rubbish removal is granted in full for the following amounts: a. Cleaning: $437.50 b. Pest control: $627.00 c. Rubbish removal:$465.00
The landlord gave evidence that the tenant did not return the keys at the end of the tenancy. The landlord submitted an invoice for $547.50 to replace the locks and keys. The landlord’s claim for key and lock replacement is granted in full for this amount.
The amounts ordered are proved.

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 submitted photographs of the property taken at the beginning and end of the tenancy. On the basis of these photographs and evidence given by the landlord at the hearing, I am satisfied on the balance of probabilities that the following damage occurred during the tenancy: a. Internal doors damaged with dents, missing paint and missing handles; b. Holes in the wall in the laundry/sleepout area; c. Kitchen window missing; and d. Oven not working.
The damage is more than fair wear and tear, and the tenant has not disproved liability for the damage.
The landlord submitted invoices to repair the above matters and replace the oven.
The landlord gave evidence that the oven was approximately 12 – 16 months old at the end of the tenancy.
The landlord’s claim for compensation for damage is granted in full for the following amounts: a. Painting:$437.50 b. Window replacement: $282.33 c. Oven:$349.00
The amounts ordered are proved.
I have taken into account betterment and depreciation. The landlord should be returned to the position they would have been in had the tenant not breached their obligations, and should not be better or worse off. In calculating depreciation, I have taken into account the age and condition of the items at the start of the tenancy and their likely useful lifespan. Eviction warrant costs
Section 40(1)(e)(i) RTA requires a tenant to quit the premises on the termination of the tenancy.
This tenancy ended on 5 August 2024. The landlord gave evidence that the tenant did not vacate the premises voluntarily and the landlord had to apply for an eviction warrant to have the tenant forcibly removed.
The landlord submitted an invoice from the Ministry of Justice for $258.00. The landlord’s claim for compensation is granted in full for this amount. Filing fee
Because Reforma P.M. Limited As Agent For Engelbrecht Family Trust- Clayton/Kathy & Ian Engelbrecht has wholly succeeded with the claim I must reimburse the filing fee.

Tenancy Tribunal case 5018068 — Rent arrears at Unit/Flat 1, 122 Clayton Avenue, Otara, Auckland 2023

At a glance

Tenancy Tribunal case 5018068 — Rent arrears at Unit/Flat 1, 122 Clayton Avenue, Otara, Auckland 2023

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

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?

Is the tenant responsible for the damage to the premises?

Topics & place

Residential Tenancies Act sections

Key findings

Property management

Frequently asked questions