What was the outcome of Tenancy Tribunal case 5053796?

The tribunal order states: Feofaaki Holopulu owes Kāinga Ora–Homes And Communities $1,517.00 (“the

How much money was awarded in case 5053796?

By consent: Reimbursement of skip bi…: $1,400.00 awarded to landlord; Rent Arrears: $90.00 awarded to landlord; Filing Fee: $27.00 awarded to landlord

What type of tenancy dispute was case 5053796?

The primary dispute was Rent arrears.

Where can I read the official tribunal order for case 5053796?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/11403501-Tribunal_Order.pdf.

What was the outcome of Tenancy Tribunal case 5053796?

The tribunal order states: Feofaaki Holopulu owes Kāinga Ora–Homes And Communities $1,517.00 (“the

How much money was awarded in case 5053796?

By consent: Reimbursement of skip bi…: $1,400.00 awarded to landlord; Rent Arrears: $90.00 awarded to landlord; Filing Fee: $27.00 awarded to landlord

What type of tenancy dispute was case 5053796?

The primary dispute was Rent arrears.

Where can I read the official tribunal order for case 5053796?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/11403501-Tribunal_Order.pdf.

7B Fleming Street, Manurewa East, Auckland 2102 Tenancy Tribunal Case 5053796 — Rent arrears

Order

Claims and awards in Tenancy Tribunal application 5053796 — net $1,517.00 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
By consent: Rent arrears to 7 February 2025	$90.00	By consent: Rent arrears to 7 February 2025
By consent: Reimbursement of skip bin hire (x4	$1,400.00	By consent: Reimbursement of skip bin hire (x4
Filing fee reimbursement	$27.00	Filing fee reimbursement
Net award	$1,517.00
Total payable by Tenant to Landlord	$1,517.00

Feofaaki Holopulu owes Kāinga Ora–Homes And Communities $1,517.00 (“the debt”), calculated as shown in the table below.

Feofaaki Holopulu must pay rent and the debt as follows: a. By 50 weekly payments of $363.00, being $333.00 for rent and $30.00 for the debt. b. A final payment of $350.00, being $333.00 for rent and $17.00 for the debt. c. Payments will be every Thursday, with the first payment on 13/02/2025 and continuing until 29/01/2026.

Payments will be allocated in the following order: rent, rent arrears, reimbursement of skip bin hire (x4) and the filing fee.

Reasons

Both parties attended the hearing.

The tenant was assisted by a Tongan interpreter.

The landlord has applied for rent arrears and compensation.

As the applicant, the landlord must prove their claim to the civil law standard of proof, on the balance of probabilities. This is referred to as the “burden of proof.” Independent witnesses, corroborating documents and photographs are an important part of discharging this burden.

RENT ARREARS

The landlord provided a rent summary, which proves that rent arrears are $90.00 up to 7 February 2025.

The tenant agrees with the level of rent arrears recorded in the landlord’s rent summary.

The tenant has made a considerable effort to reduce the arrears since the landlord filed their application. The tenant has paid the landlord an extra $30.00 per week to do this. Both parties agreed that this arrangement should continue until the arrears are cleared.

COMPENSATION

The landlord seeks compensation as follows: a. Skip bin hire (x4):$1,400.00 b. Fumigation (x2): $318.00

I deal with each issue in turn below. Skip bin hire

The landlord claims the tenant requested to hire a skip bin four times between 2019 and 2024. The cost each time was $350.00. The landlord seeks compensation of $1,400.00.

The tenant agreed to reimburse the landlord $1,400.00.

Both parties agreed that the tenant should continue paying the landlord an extra $30.00 per week until the debt is cleared. Fumigation

The landlord claims the tenant has kept the property in an unreasonably clean and tidy condition during the tenancy. The landlord claims this led to a cockroach infestation in 2020 and flea infestation in 2024.

The landlord fumigated the property twice at a cost $159.00 each time. The landlord seeks compensation of $318.00.

The tenant disagrees that they have ever kept the property in an unreasonably clean and tidy condition.

The landlord did not submit photographs of the tenancy address to support their claim, but submitted the Tribunal could be satisfied that the tenant did not keep the property reasonably clean and tidy, because of the fact that the tenant requested to hire a skip bin on four separate occasions during the tenancy.

The tenant gave evidence that the tenancy address is close to a public park and there is a lot of illegal dumping of rubbish on or near their property. The tenant gave evidence this was the reason they have had to hire skip bins during the tenancy.

The landlord claims the tenant has a dog. The tenant denies keeping any type of pet at the property.

The parties gave conflicting evidence about the condition of the property. The tenant provided a reasonable explanation regarding their request to hire skip bins over the course of the tenancy. In the absence of photographs, I am not convinced on the balance of probabilities that the tenant kept the property in an unreasonably clean and tidy condition.

The landlord’s claim for compensation of $318.00 for fumigation is dismissed.

FILING FEE

Because Kāinga Ora–Homes And Communities has substantially succeeded with the claim I have reimbursed the filing fee.

Claims and awards in Tenancy Tribunal application 5053796 — net $1,517.00 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
By consent: Rent arrears to 7 February 2025	$90.00	By consent: Rent arrears to 7 February 2025
By consent: Reimbursement of skip bin hire (x4	$1,400.00	By consent: Reimbursement of skip bin hire (x4
Filing fee reimbursement	$27.00	Filing fee reimbursement
Net award	$1,517.00
Total payable by Tenant to Landlord	$1,517.00

Order

Feofaaki Holopulu owes Kāinga Ora–Homes And Communities $1,517.00 (“the debt”), calculated as shown in the table below.
Feofaaki Holopulu must pay rent and the debt as follows: a. By 50 weekly payments of $363.00, being $333.00 for rent and $30.00 for the debt. b. A final payment of $350.00, being $333.00 for rent and $17.00 for the debt. c. Payments will be every Thursday, with the first payment on 13/02/2025 and continuing until 29/01/2026.
Payments will be allocated in the following order: rent, rent arrears, reimbursement of skip bin hire (x4) and the filing fee.

Reasons

Both parties attended the hearing.
The tenant was assisted by a Tongan interpreter.
The landlord has applied for rent arrears and compensation.
As the applicant, the landlord must prove their claim to the civil law standard of proof, on the balance of probabilities. This is referred to as the “burden of proof.” Independent witnesses, corroborating documents and photographs are an important part of discharging this burden.

RENT ARREARS

The landlord provided a rent summary, which proves that rent arrears are $90.00 up to 7 February 2025.
The tenant agrees with the level of rent arrears recorded in the landlord’s rent summary.
The tenant has made a considerable effort to reduce the arrears since the landlord filed their application. The tenant has paid the landlord an extra $30.00 per week to do this. Both parties agreed that this arrangement should continue until the arrears are cleared.

COMPENSATION

The landlord seeks compensation as follows: a. Skip bin hire (x4):$1,400.00 b. Fumigation (x2): $318.00
I deal with each issue in turn below. Skip bin hire
The landlord claims the tenant requested to hire a skip bin four times between 2019 and 2024. The cost each time was $350.00. The landlord seeks compensation of $1,400.00.
The tenant agreed to reimburse the landlord $1,400.00.
Both parties agreed that the tenant should continue paying the landlord an extra $30.00 per week until the debt is cleared. Fumigation
The landlord claims the tenant has kept the property in an unreasonably clean and tidy condition during the tenancy. The landlord claims this led to a cockroach infestation in 2020 and flea infestation in 2024.
The landlord fumigated the property twice at a cost $159.00 each time. The landlord seeks compensation of $318.00.
The tenant disagrees that they have ever kept the property in an unreasonably clean and tidy condition.
The landlord did not submit photographs of the tenancy address to support their claim, but submitted the Tribunal could be satisfied that the tenant did not keep the property reasonably clean and tidy, because of the fact that the tenant requested to hire a skip bin on four separate occasions during the tenancy.
The tenant gave evidence that the tenancy address is close to a public park and there is a lot of illegal dumping of rubbish on or near their property. The tenant gave evidence this was the reason they have had to hire skip bins during the tenancy.
The landlord claims the tenant has a dog. The tenant denies keeping any type of pet at the property.
The parties gave conflicting evidence about the condition of the property. The tenant provided a reasonable explanation regarding their request to hire skip bins over the course of the tenancy. In the absence of photographs, I am not convinced on the balance of probabilities that the tenant kept the property in an unreasonably clean and tidy condition.
The landlord’s claim for compensation of $318.00 for fumigation is dismissed.

FILING FEE

Because Kāinga Ora–Homes And Communities has substantially succeeded with the claim I have reimbursed the filing fee.

Tenancy Tribunal case 5053796 — Rent arrears at 7B Fleming Street, Manurewa East, Auckland 2102

At a glance

Tenancy Tribunal case 5053796 — Rent arrears at 7B Fleming Street, Manurewa East, Auckland 2102

At a glance

Award balance

Claims & awards

Order

Reasons

RENT ARREARS

COMPENSATION

FILING FEE

Topics & place

Residential Tenancies Act sections

Key findings

Frequently asked questions

Award balance

Claims & awards

Order

Reasons

RENT ARREARS

COMPENSATION

FILING FEE

Topics & place

Residential Tenancies Act sections

Key findings

Frequently asked questions