What was the outcome of Tenancy Tribunal case 5064868?

The tribunal order states: Jaymie Rua must pay Austar Property Services Limited T/As Ray White As

How much money was awarded in case 5064868?

Cleaning: $3,080.85 awarded to landlord; Filing Fee: $27.00 awarded to landlord; Lawns and Garden Work: $224.25 awarded to landlord; Rent Arrears: $2,984.09 awarded to landlord; Water Rates: $695.24 awarded to landlord

What type of tenancy dispute was case 5064868?

The primary dispute was Cleanliness. Related themes: Rent arrears.

Where can I read the official tribunal order for case 5064868?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/11723173-Tenancy_Tribunal_Order.pdf.

What was the outcome of Tenancy Tribunal case 5064868?

The tribunal order states: Jaymie Rua must pay Austar Property Services Limited T/As Ray White As

How much money was awarded in case 5064868?

Cleaning: $3,080.85 awarded to landlord; Filing Fee: $27.00 awarded to landlord; Lawns and Garden Work: $224.25 awarded to landlord; Rent Arrears: $2,984.09 awarded to landlord; Water Rates: $695.24 awarded to landlord

What type of tenancy dispute was case 5064868?

The primary dispute was Cleanliness. Related themes: Rent arrears.

Where can I read the official tribunal order for case 5064868?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/11723173-Tenancy_Tribunal_Order.pdf.

48E Waddell Avenue, Point England, Auckland 1072 Tenancy Tribunal Case 5064868 — Cleanliness

Reasons

Claims and awards in Tenancy Tribunal application 5064868 — net $7,011.43 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears to 16/09/2024	$2,984.09	12. I order the tenant to pay the landlord $2,984.09 for rent arrears to 16 September 2024 and $695.24 for water rates arrears.
Water rates	$695.24	Water rates
Cleaning and repairs	$3,080.85	Cleaning and repairs
Lawns and Garden work	$224.25	Lawns and Garden work
Filing fee reimbursement	$27.00	Filing fee reimbursement
Net award	$7,011.43
Total payable by Tenant to Landlord	$7,011.43

The landlord attended the teleconference hearing. The tenant did not. Substituted service

The tenancy was from 18 February 2023 until 16 September 2024.

The landlord made this application to the Tribunal on 26 November 2024.

As the application was filed more than two months after the end of the tenancy, the usual service rules no longer apply.

The application must be served either personally on the tenant, on someone over the age of 16 living at address where the tenant now lives, or by post to an address provided by the tenant within two months before the application was made. See section 91A(2) Residential Tenancies Act 1986 (“RTA”).

The application has not been served in accordance with these requirements.

However, there was evidence of the tenant communicating with the landlord as recently as 1 October 2024 from the email address provided for the purposes of this application.

I am satisfied that the tenant has been notified of this application and this hearing via email.

Therefore, I dispense with the requirement for service under the RTA and proceed as if the notice had been served on the tenant in accordance with the RTA. See section 91B RTA. Landlord’s claims

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

The landlord provided rent records and water rates invoices which prove the amount owing at the end of the tenancy.

I order the tenant to pay the landlord $2,984.09 for rent arrears to 16 September 2024 and $695.24 for water rates arrears. Compensation claims

At the end of the tenancy the tenant must leave the premises reasonably clean and tidy, remove all rubbish. See section 40(1)(e) RTA.

For damage claims, 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. 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. 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.

The tenant did not leave the premises reasonably clean and tidy, and did not remove all rubbish. There was damage which was more than fair wear and tear, and the tenant has not disproved liability for the damage.

Having seen the photos and the invoices, I am satisfied that the landlord has proven the claims to the required standard.

I order the tenant to pay the landlord $3,080.85 for full exit cleaning, repair work and rubbish removal and $224.25 for mowing the lawn, re-stringing the washing line, moving the bin and reattaching the wardrobe door magnet. Filing fee reimbursement

Because Austar Property Services Limited T/As Ray White As Agent For Asim Ali Hashimi has wholly succeeded with the claim, the tenant must reimburse the filing fee.

Claims and awards in Tenancy Tribunal application 5064868 — net $7,011.43 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears to 16/09/2024	$2,984.09	12. I order the tenant to pay the landlord $2,984.09 for rent arrears to 16 September 2024 and $695.24 for water rates arrears.
Water rates	$695.24	Water rates
Cleaning and repairs	$3,080.85	Cleaning and repairs
Lawns and Garden work	$224.25	Lawns and Garden work
Filing fee reimbursement	$27.00	Filing fee reimbursement
Net award	$7,011.43
Total payable by Tenant to Landlord	$7,011.43

Order

Jaymie Rua must pay Austar Property Services Limited T/As Ray White As Agent For Asim Ali Hashimi $7,011.43 immediately, calculated as shown in table below.

Reasons

The landlord attended the teleconference hearing. The tenant did not. Substituted service
The tenancy was from 18 February 2023 until 16 September 2024.
The landlord made this application to the Tribunal on 26 November 2024.
As the application was filed more than two months after the end of the tenancy, the usual service rules no longer apply.
The application must be served either personally on the tenant, on someone over the age of 16 living at address where the tenant now lives, or by post to an address provided by the tenant within two months before the application was made. See section 91A(2) Residential Tenancies Act 1986 (“RTA”).
The application has not been served in accordance with these requirements.
However, there was evidence of the tenant communicating with the landlord as recently as 1 October 2024 from the email address provided for the purposes of this application.
I am satisfied that the tenant has been notified of this application and this hearing via email.
Therefore, I dispense with the requirement for service under the RTA and proceed as if the notice had been served on the tenant in accordance with the RTA. See section 91B RTA. Landlord’s claims
The landlord has applied for rent arrears, compensation, and reimbursement of the filing fee following the end of the tenancy.
The landlord provided rent records and water rates invoices which prove the amount owing at the end of the tenancy.
I order the tenant to pay the landlord $2,984.09 for rent arrears to 16 September 2024 and $695.24 for water rates arrears. Compensation claims
At the end of the tenancy the tenant must leave the premises reasonably clean and tidy, remove all rubbish. See section 40(1)(e) RTA.
For damage claims, 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. 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. 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.
The tenant did not leave the premises reasonably clean and tidy, and did not remove all rubbish. There was damage which was more than fair wear and tear, and the tenant has not disproved liability for the damage.
Having seen the photos and the invoices, I am satisfied that the landlord has proven the claims to the required standard.
I order the tenant to pay the landlord $3,080.85 for full exit cleaning, repair work and rubbish removal and $224.25 for mowing the lawn, re-stringing the washing line, moving the bin and reattaching the wardrobe door magnet. Filing fee reimbursement
Because Austar Property Services Limited T/As Ray White As Agent For Asim Ali Hashimi has wholly succeeded with the claim, the tenant must reimburse the filing fee.

Tenancy Tribunal case 5064868 — Cleanliness at 48E Waddell Avenue, Point England, Auckland 1072

At a glance

Tenancy Tribunal case 5064868 — Cleanliness at 48E Waddell Avenue, Point England, Auckland 1072

At a glance

Award balance

Claims & awards

Order

Reasons

Topics & place

Residential Tenancies Act sections

Key findings

Property management

Frequently asked questions

Award balance

Claims & awards

Order

Reasons

Topics & place

Residential Tenancies Act sections

Key findings

Property management

Frequently asked questions