What was the outcome of Tenancy Tribunal case 5045868?

The tribunal order states: Tui Pomare must pay Chase Property Management Limited - As Agent For

How much money was awarded in case 5045868?

Cleaning: $250.00 awarded to landlord; Cleaning: $250.00 awarded to landlord; Filing Fee: $27.00 awarded to landlord; Property Damage: $1,200.00 awarded to landlord; Property Damage: $27.40 awarded to landlord; Rent Arrears: $1,431.00 awarded to landlord; Rubbish Removal: $350.00 awarded to landlord; Skip Bins (2: $840.00 awarded to landlord; Smoke Alarms: $17.28 awarded to landlord; Water Credit: $44.07 awarded to tenant

What type of tenancy dispute was case 5045868?

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

Where can I read the official tribunal order for case 5045868?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/11699783-Tenancy_Tribunal_Order.pdf.

What was the outcome of Tenancy Tribunal case 5045868?

The tribunal order states: Tui Pomare must pay Chase Property Management Limited - As Agent For

How much money was awarded in case 5045868?

Cleaning: $250.00 awarded to landlord; Cleaning: $250.00 awarded to landlord; Filing Fee: $27.00 awarded to landlord; Property Damage: $1,200.00 awarded to landlord; Property Damage: $27.40 awarded to landlord; Rent Arrears: $1,431.00 awarded to landlord; Rubbish Removal: $350.00 awarded to landlord; Skip Bins (2: $840.00 awarded to landlord; Smoke Alarms: $17.28 awarded to landlord; Water Credit: $44.07 awarded to tenant

What type of tenancy dispute was case 5045868?

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

Where can I read the official tribunal order for case 5045868?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/11699783-Tenancy_Tribunal_Order.pdf.

8 Helleur Road, Massey, Auckland 0614 Tenancy Tribunal Case 5045868 — Rent arrears

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8 Helleur Road, Massey, Auckland 0614 Tenancy Tribunal Case 5045868 — 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 5045868 — net $1,568.61 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Tenant	Reason
Rent arrears to 23 September 2024	$1,431.00		Rent arrears to 23 September 2024
Cleaning	$250.00		Cleaning
Repairs	$1,200.00		Repairs
Rubbish removal: and lawns	$350.00		Rubbish removal: and lawns
Carpet Cleaning	$250.00		Cleaning
Lock/key replacement	$27.40		Lock/key replacement
Replace smoke alarms	$17.28		Replace smoke alarms
Skip bins (2	$840.00		Skip bins (2
Filing fee reimbursement	$27.00		Filing fee reimbursement
Water credit		$44.07	Water credit
Total award	$4,392.68	$44.07
Net award	$1,568.61
Total payable by Tenant to Landlord	$1,568.61

Claims and awards for application 5045868 — net $1,568.61 NZD. Verify on MoJ.

Rent arrears to 23 September 2024

Amount: $1,431.00
Awarded to: Landlord
Reason: Rent arrears to 23 September 2024

Cleaning

Amount: $250.00
Awarded to: Landlord
Reason: Cleaning

Repairs

Amount: $1,200.00
Awarded to: Landlord
Reason: Repairs

Rubbish removal: and lawns

Amount: $350.00
Awarded to: Landlord
Reason: Rubbish removal: and lawns

Carpet Cleaning

Amount: $250.00
Awarded to: Landlord
Reason: Cleaning

Claim types — money lines allowed on this order

Carpet Cleaning Cleanliness Filing Fee Property damage Rent arrears Rubbish Removal Replace Smoke Alarms

Order

Tui Pomare must pay Chase Property Management Limited - As Agent For Leslie & Angela Hoy $1,568.61 immediately, calculated as shown in table below.
The Bond Centre is to pay the bond of $2,780.00 (3387805-008) to Chase Property Management Limited - As Agent For Leslie & Angela Hoy immediately.

Reasons

The landlord attended the hearing. The tenant did not attend the hearing.
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 tenancy ended on 23 September 2024. The landlord provided rent records which prove the amount owing at the end of the tenancy.
The landlord produced the water rates invoices which resulted in a credit for the tenant as most of the water invoices were estimates and with an actual reading at the end of the tenancy there was a credit.

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 tenant did not leave the premises reasonably clean and tidy, and did not remove all rubbish.
The landlord had to replace light bulbs and smoke alarms which had been removed.
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.
Where the damage is caused carelessly, and is covered by the landlord's insurance, the tenant's liability is limited to the lesser of the insurance excess or four weeks' rent (or four weeks' market rent in the case of a tenant paying income-related rent). See section 49B(3)(a) RTA.
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) 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) 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) RTA.
Damage is intentional where a person intends to cause damage and takes the necessary steps to achieve that purpose. Damage is also intentional where a person does something, or allows a situation to continue, knowing that damage is a certainty. See Guo v Korck [2019] NZHC 1541.
The following damage was caused during the tenancy: wall holes, door damage, missing door and cupboard handles, and damaged fixed storage box. The damage is more than fair wear and tear, and the tenant has not disproved liability for the damage.
The amounts ordered are proved.
Because Chase Property Management Limited - As Agent For Leslie & Angela Hoy 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 5045868 — net $1,568.61 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Tenant	Reason
Rent arrears to 23 September 2024	$1,431.00		Rent arrears to 23 September 2024
Cleaning	$250.00		Cleaning
Repairs	$1,200.00		Repairs
Rubbish removal: and lawns	$350.00		Rubbish removal: and lawns
Carpet Cleaning	$250.00		Cleaning
Lock/key replacement	$27.40		Lock/key replacement
Replace smoke alarms	$17.28		Replace smoke alarms
Skip bins (2	$840.00		Skip bins (2
Filing fee reimbursement	$27.00		Filing fee reimbursement
Water credit		$44.07	Water credit
Total award	$4,392.68	$44.07
Net award	$1,568.61
Total payable by Tenant to Landlord	$1,568.61

Claims and awards for application 5045868 — net $1,568.61 NZD. Verify on MoJ.

Rent arrears to 23 September 2024

Amount: $1,431.00
Awarded to: Landlord
Reason: Rent arrears to 23 September 2024

Cleaning

Amount: $250.00
Awarded to: Landlord
Reason: Cleaning

Repairs

Amount: $1,200.00
Awarded to: Landlord
Reason: Repairs

Rubbish removal: and lawns

Amount: $350.00
Awarded to: Landlord
Reason: Rubbish removal: and lawns

Carpet Cleaning

Amount: $250.00
Awarded to: Landlord
Reason: Cleaning

Claim types — money lines allowed on this order

Carpet Cleaning Cleanliness Filing Fee Property damage Rent arrears Rubbish Removal Replace Smoke Alarms

Order

Tui Pomare must pay Chase Property Management Limited - As Agent For Leslie & Angela Hoy $1,568.61 immediately, calculated as shown in table below.
The Bond Centre is to pay the bond of $2,780.00 (3387805-008) to Chase Property Management Limited - As Agent For Leslie & Angela Hoy immediately.

Reasons

The landlord attended the hearing. The tenant did not attend the hearing.
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 tenancy ended on 23 September 2024. The landlord provided rent records which prove the amount owing at the end of the tenancy.
The landlord produced the water rates invoices which resulted in a credit for the tenant as most of the water invoices were estimates and with an actual reading at the end of the tenancy there was a credit.

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 tenant did not leave the premises reasonably clean and tidy, and did not remove all rubbish.
The landlord had to replace light bulbs and smoke alarms which had been removed.
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.
Where the damage is caused carelessly, and is covered by the landlord's insurance, the tenant's liability is limited to the lesser of the insurance excess or four weeks' rent (or four weeks' market rent in the case of a tenant paying income-related rent). See section 49B(3)(a) RTA.
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) 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) 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) RTA.
Damage is intentional where a person intends to cause damage and takes the necessary steps to achieve that purpose. Damage is also intentional where a person does something, or allows a situation to continue, knowing that damage is a certainty. See Guo v Korck [2019] NZHC 1541.
The following damage was caused during the tenancy: wall holes, door damage, missing door and cupboard handles, and damaged fixed storage box. The damage is more than fair wear and tear, and the tenant has not disproved liability for the damage.
The amounts ordered are proved.
Because Chase Property Management Limited - As Agent For Leslie & Angela Hoy has wholly succeeded with the claim I must reimburse the filing fee.

Tenancy Tribunal case 5045868 — Rent arrears at 8 Helleur Road, Massey, Auckland 0614

At a glance

Tenancy Tribunal case 5045868 — Rent arrears at 8 Helleur Road, Massey, Auckland 0614

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?

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 and water rates?

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