What was the outcome of Tenancy Tribunal case 5063709?

The tribunal order states: Taia Tevaiua Lekasa, Agnes Samalia Lekasa and James Peato must pay Point

How much money was awarded in case 5063709?

Filing Fee: $27.00 awarded to landlord; Heat Pump Remote By Consent: $297.30 awarded to landlord; Lawns and Garden Work: $690.00 awarded to landlord; Property Damage: $331.03 awarded to landlord; Property Damage: $46.00 awarded to landlord; Rent Arrears: $1,880.00 awarded to landlord; Property Damage: $1,500.00 awarded to landlord; Water Rates: $147.91 awarded to landlord

What type of tenancy dispute was case 5063709?

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

Where can I read the official tribunal order for case 5063709?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/11435348-Tribunal_Order.pdf.

What was the outcome of Tenancy Tribunal case 5063709?

The tribunal order states: Taia Tevaiua Lekasa, Agnes Samalia Lekasa and James Peato must pay Point

How much money was awarded in case 5063709?

Filing Fee: $27.00 awarded to landlord; Heat Pump Remote By Consent: $297.30 awarded to landlord; Lawns and Garden Work: $690.00 awarded to landlord; Property Damage: $331.03 awarded to landlord; Property Damage: $46.00 awarded to landlord; Rent Arrears: $1,880.00 awarded to landlord; Property Damage: $1,500.00 awarded to landlord; Water Rates: $147.91 awarded to landlord

What type of tenancy dispute was case 5063709?

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

Where can I read the official tribunal order for case 5063709?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/11435348-Tribunal_Order.pdf.

71 Glendene Avenue, Glendene, Auckland 0602 Tenancy Tribunal Case 5063709 — Rent arrears

Order

This is an amended order to reflect the correct bond amount. No other changes have been made.

Claims and awards in Tenancy Tribunal application 5063709 — net $1,159.24 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears	$1,880.00	1. Both parties attended the hearing.
Water rates by consent	$147.91	Water rates by consent
padlock replacement garage door	$46.00	padlock replacement garage door
Lawns and Garden work: cleaning and rubbish removal	$690.00	Lawns and Garden work: cleaning and rubbish removal
Lock/key replacement: by consent	$331.03	Lock/key replacement: by consent
Heat pump remote by consent	$297.30	Heat pump remote by consent
Replace furnishings: Carpet insurance excess	$1,500.00	Replace furnishings: Carpet insurance excess
Filing fee reimbursement	$27.00	Filing fee reimbursement
Net award	$1,159.24
Total payable by Tenant to Landlord	$1,159.24

Taia Tevaiua Lekasa, Agnes Samalia Lekasa and James Peato must pay Point Property And Portfolio Management Limited As Agent For Lisa Phillips $1,159.24 immediately, being rent arrears to 4 October 2024.

The Bond Centre is to pay the bond of $3,760.00 (3312992-012) to Point Property And Portfolio Management Limited As Agent For Lisa Phillips immediately.

Reasons

Both parties attended the hearing. The Landlord attended by video and the Tenant, Ms Taia Lekasa by telephone. The other Tenants did not attend by video or answer telephone calls made by the Tribunal.

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

The Tenant agreed to pay for the water rates arrears, locksmiths to change the house locks and the replacement heat pump remote.

How much is owed for rent arrears?

The tenancy ended on 4 October 2024 however the Tenant did not vacate until approximately 16 October 2024. The Landlord only claimed up to 4 October 2024. The landlord provided rent records which prove the amount owing at the end of the tenancy. 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. They attempted to clean however the property was not left in a reasonably tidy condition. The Tenant had health issues which made it difficult to clean. The lawns became overgrown and there were weeds in the garden. There was also rubbish left in the garden which required removal. The Landlord provided an invoice for the work undertaken and photographs of the outgoing inspection report.

The Tenant did not return the keys for the garage door padlock immediately after they vacated so the Landlord had to replace the padlock.

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 careless, and occurs after 27 August 2019, section 49B RTA applies. If the landlord becomes aware of the damage after 27 August, the damage is presumed to have occurred after that date unless the tenant proves otherwise.

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: carpet. The Tenant acknowledged that their children had spilt nail polish and food all over the carpet. The carpet was brand new when they moved in and the Tenant attempted to clean it but the stains were persistent and excessive. Photographs of the carpet, the ingoing inspection report, the insurance claim for the excess and email correspondence regarding the carpet damage was provided. The damage is more than fair wear and tear, and the tenant has not disproved liability for the damage.

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.

As Point Property And Portfolio Management Limited As Agent For Lisa Phillips has wholly succeeded with the claim the Tenant must reimburse the filing fee.

The Tenant has sought name suppression however as they have been unsuccessful in this claim, name suppression is declined.

Claims and awards in Tenancy Tribunal application 5063709 — net $1,159.24 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears	$1,880.00	1. Both parties attended the hearing.
Water rates by consent	$147.91	Water rates by consent
padlock replacement garage door	$46.00	padlock replacement garage door
Lawns and Garden work: cleaning and rubbish removal	$690.00	Lawns and Garden work: cleaning and rubbish removal
Lock/key replacement: by consent	$331.03	Lock/key replacement: by consent
Heat pump remote by consent	$297.30	Heat pump remote by consent
Replace furnishings: Carpet insurance excess	$1,500.00	Replace furnishings: Carpet insurance excess
Filing fee reimbursement	$27.00	Filing fee reimbursement
Net award	$1,159.24
Total payable by Tenant to Landlord	$1,159.24

Order

This is an amended order to reflect the correct bond amount. No other changes have been made.

Taia Tevaiua Lekasa, Agnes Samalia Lekasa and James Peato must pay Point Property And Portfolio Management Limited As Agent For Lisa Phillips $1,159.24 immediately, being rent arrears to 4 October 2024.
The Bond Centre is to pay the bond of $3,760.00 (3312992-012) to Point Property And Portfolio Management Limited As Agent For Lisa Phillips immediately.

Reasons

Both parties attended the hearing. The Landlord attended by video and the Tenant, Ms Taia Lekasa by telephone. The other Tenants did not attend by video or answer telephone calls made by the Tribunal.
The landlord has applied for rent arrears, water rates arrears, compensation, refund of the bond, and reimbursement of the filing fee following the end of the tenancy.
The Tenant agreed to pay for the water rates arrears, locksmiths to change the house locks and the replacement heat pump remote.

How much is owed for rent arrears?

The tenancy ended on 4 October 2024 however the Tenant did not vacate until approximately 16 October 2024. The Landlord only claimed up to 4 October 2024. The landlord provided rent records which prove the amount owing at the end of the tenancy. 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. They attempted to clean however the property was not left in a reasonably tidy condition. The Tenant had health issues which made it difficult to clean. The lawns became overgrown and there were weeds in the garden. There was also rubbish left in the garden which required removal. The Landlord provided an invoice for the work undertaken and photographs of the outgoing inspection report.
The Tenant did not return the keys for the garage door padlock immediately after they vacated so the Landlord had to replace the padlock.
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 careless, and occurs after 27 August 2019, section 49B RTA applies. If the landlord becomes aware of the damage after 27 August, the damage is presumed to have occurred after that date unless the tenant proves otherwise.
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: carpet. The Tenant acknowledged that their children had spilt nail polish and food all over the carpet. The carpet was brand new when they moved in and the Tenant attempted to clean it but the stains were persistent and excessive. Photographs of the carpet, the ingoing inspection report, the insurance claim for the excess and email correspondence regarding the carpet damage was provided. The damage is more than fair wear and tear, and the tenant has not disproved liability for the damage.
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.
As Point Property And Portfolio Management Limited As Agent For Lisa Phillips has wholly succeeded with the claim the Tenant must reimburse the filing fee.
The Tenant has sought name suppression however as they have been unsuccessful in this claim, name suppression is declined.

Tenancy Tribunal case 5063709 — Rent arrears at 71 Glendene Avenue, Glendene, Auckland 0602

At a glance

Tenancy Tribunal case 5063709 — Rent arrears at 71 Glendene Avenue, Glendene, Auckland 0602

At a glance

Award balance

Claims & awards

Order

Reasons

How much is owed for rent arrears?

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 arrears?

Is the tenant responsible for the damage to the premises?

Topics & place

Residential Tenancies Act sections

Key findings

Property management

Frequently asked questions