What was the outcome of Tenancy Tribunal case 5032168?

The tribunal order states: Evelina Fifineiki Mohe must pay Tawa Realty Limited $9,048.00 immediately,

How much money was awarded in case 5032168?

Filing Fee: $27.00 awarded to landlord; Lawns and Garden Work: $122.00 awarded to landlord; Previous Order Application 4923133 D…: $10,470.44 awarded to landlord; Rent Arrears: $628.56 awarded to landlord

What type of tenancy dispute was case 5032168?

The primary dispute was Rent arrears.

Where can I read the official tribunal order for case 5032168?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/11277210-Tenancy_Tribunal_Order.pdf.

What was the outcome of Tenancy Tribunal case 5032168?

The tribunal order states: Evelina Fifineiki Mohe must pay Tawa Realty Limited $9,048.00 immediately,

How much money was awarded in case 5032168?

Filing Fee: $27.00 awarded to landlord; Lawns and Garden Work: $122.00 awarded to landlord; Previous Order Application 4923133 D…: $10,470.44 awarded to landlord; Rent Arrears: $628.56 awarded to landlord

What type of tenancy dispute was case 5032168?

The primary dispute was Rent arrears.

Where can I read the official tribunal order for case 5032168?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/11277210-Tenancy_Tribunal_Order.pdf.

8 Carleton Terrace, Tawa, Wellington 5028 Tenancy Tribunal Case 5032168 — Rent arrears

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8 Carleton Terrace, Tawa, Wellington 5028 Tenancy Tribunal Case 5032168 — 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 5032168 — net $9,048.00 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears as at 11.8.24	$628.56	The claim for rent arrears is proven. Did the tenant comply with their obligations at the end of the tenancy?
Previous order application 4923133 dated 06/08/2024	$10,470.44	Previous order application 4923133 dated 06/08/2024
Filing fee reimbursement	$27.00	Filing fee reimbursement
Lawns and Garden work	$122.00	Lawns and Garden work
Net award	$9,048.00
Total payable by Tenant to Landlord	$9,048.00

Claims and awards for application 5032168 — net $9,048.00 NZD. Verify on MoJ.

Rent arrears as at 11.8.24

Amount: $628.56
Awarded to: Landlord
Reason: The claim for rent arrears is proven. Did the tenant comply with their obligations at the end of the tenancy?

Previous order application 4923133 dated 06/08/2024

Amount: $10,470.44
Awarded to: Landlord
Reason: Previous order application 4923133 dated 06/08/2024

Filing fee reimbursement

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

Lawns and Garden work

Amount: $122.00
Awarded to: Landlord
Reason: Lawns and Garden work

Net award

Landlord $9,048.00

Total payable by Tenant to Landlord

Landlord $9,048.00

Claim types — money lines allowed on this order

Filing Fee Lawns And Garden Work Rent arrears

Order

Evelina Fifineiki Mohe must pay Tawa Realty Limited $9,048.00 immediately, calculated as shown in table below.

Reasons

The landlord attended the hearing by remote teleconference. Two attempts were made to contact the tenant on the telephone number provided. Both attempts were unsuccessful. The hearing continued in the absence of the tenant.
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?

The tenancy ended on 11 August 2024. The landlord provided rent records which prove the amount owing at the end of the tenancy. Having sighted this evidence I am satisfied that the tenant is responsible for this debt.
The claim for rent arrears is proven.

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 that the tenant did not leave the lawns in a reasonably tidy condition at the end of the tenancy. Photographic evidence of the lawns and weeds were provided along with an invoice in support. Having sighted this evidence I am prepared to allow this claim. The amount is reasonable and is ordered accordingly.
The landlord also claims that the tenant left behind a significant amount of junk which had been thrown down the bank of the property. No evidence in support of this claim had been provided. The landlord says that the owner and a friend had to remove the junk which took a number of hours. I requested evidence in support and eventually received it although somewhat late given that the landlord had recorded the incorrect application number in her email to the registry.
Regrettably the undated photographic evidence is vague and unhelpful. There were no entry photographs provided which would have supported the landlord’s position that these items were not there in the very beginning. While I accept that the owner was in a difficult situation it remains the position that the onus is on the applicant to prove their claim on the balance of probabilities. Without such evidence I cannot be satisfied that it was this tenant who was responsible for the dumping of this rubbish. The photographs were also undated meaning that the rubbish could have been dumped by any person after the tenancy ended.
The claim for rubbish removal and the associated tip fee must be dismissed.
Because Tawa Realty Limited has substantially succeeded with the claim I have reimbursed 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 5032168 — net $9,048.00 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears as at 11.8.24	$628.56	The claim for rent arrears is proven. Did the tenant comply with their obligations at the end of the tenancy?
Previous order application 4923133 dated 06/08/2024	$10,470.44	Previous order application 4923133 dated 06/08/2024
Filing fee reimbursement	$27.00	Filing fee reimbursement
Lawns and Garden work	$122.00	Lawns and Garden work
Net award	$9,048.00
Total payable by Tenant to Landlord	$9,048.00

Claims and awards for application 5032168 — net $9,048.00 NZD. Verify on MoJ.

Rent arrears as at 11.8.24

Amount: $628.56
Awarded to: Landlord
Reason: The claim for rent arrears is proven. Did the tenant comply with their obligations at the end of the tenancy?

Previous order application 4923133 dated 06/08/2024

Amount: $10,470.44
Awarded to: Landlord
Reason: Previous order application 4923133 dated 06/08/2024

Filing fee reimbursement

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

Lawns and Garden work

Amount: $122.00
Awarded to: Landlord
Reason: Lawns and Garden work

Net award

Landlord $9,048.00

Total payable by Tenant to Landlord

Landlord $9,048.00

Claim types — money lines allowed on this order

Filing Fee Lawns And Garden Work Rent arrears

Order

Evelina Fifineiki Mohe must pay Tawa Realty Limited $9,048.00 immediately, calculated as shown in table below.

Reasons

The landlord attended the hearing by remote teleconference. Two attempts were made to contact the tenant on the telephone number provided. Both attempts were unsuccessful. The hearing continued in the absence of the tenant.
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?

The tenancy ended on 11 August 2024. The landlord provided rent records which prove the amount owing at the end of the tenancy. Having sighted this evidence I am satisfied that the tenant is responsible for this debt.
The claim for rent arrears is proven.

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 that the tenant did not leave the lawns in a reasonably tidy condition at the end of the tenancy. Photographic evidence of the lawns and weeds were provided along with an invoice in support. Having sighted this evidence I am prepared to allow this claim. The amount is reasonable and is ordered accordingly.
The landlord also claims that the tenant left behind a significant amount of junk which had been thrown down the bank of the property. No evidence in support of this claim had been provided. The landlord says that the owner and a friend had to remove the junk which took a number of hours. I requested evidence in support and eventually received it although somewhat late given that the landlord had recorded the incorrect application number in her email to the registry.
Regrettably the undated photographic evidence is vague and unhelpful. There were no entry photographs provided which would have supported the landlord’s position that these items were not there in the very beginning. While I accept that the owner was in a difficult situation it remains the position that the onus is on the applicant to prove their claim on the balance of probabilities. Without such evidence I cannot be satisfied that it was this tenant who was responsible for the dumping of this rubbish. The photographs were also undated meaning that the rubbish could have been dumped by any person after the tenancy ended.
The claim for rubbish removal and the associated tip fee must be dismissed.
Because Tawa Realty Limited has substantially succeeded with the claim I have reimbursed the filing fee.

Tenancy Tribunal case 5032168 — Rent arrears at 8 Carleton Terrace, Tawa, Wellington 5028

At a glance

Tenancy Tribunal case 5032168 — Rent arrears at 8 Carleton Terrace, Tawa, Wellington 5028

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