What was the outcome of Tenancy Tribunal case 5105628?

The tribunal order states: Oliver Mark Stoneman and Nicole Anne Spencer must pay The Rent Shop

How much money was awarded in case 5105628?

Cleaning: $621.00 awarded to landlord; Lawns and Garden Work: $60.00 awarded to landlord; Property Damage: $277.50 awarded to landlord; Rent Arrears: $2,215.81 awarded to landlord; Hole In Wall: $160.00 awarded to landlord; Powerpoint: $115.00 awarded to landlord; Water Rates: $66.83 awarded to landlord

What type of tenancy dispute was case 5105628?

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

Where can I read the official tribunal order for case 5105628?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/11469076-Tenancy_Tribunal_Order.pdf.

What was the outcome of Tenancy Tribunal case 5105628?

The tribunal order states: Oliver Mark Stoneman and Nicole Anne Spencer must pay The Rent Shop

How much money was awarded in case 5105628?

Cleaning: $621.00 awarded to landlord; Lawns and Garden Work: $60.00 awarded to landlord; Property Damage: $277.50 awarded to landlord; Rent Arrears: $2,215.81 awarded to landlord; Hole In Wall: $160.00 awarded to landlord; Powerpoint: $115.00 awarded to landlord; Water Rates: $66.83 awarded to landlord

What type of tenancy dispute was case 5105628?

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

Where can I read the official tribunal order for case 5105628?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/11469076-Tenancy_Tribunal_Order.pdf.

Unit/Flat 2, 34A Kelvin Road, Papakura, Papakura 2110 Tenancy Tribunal Case 5105628 — Rent arrears

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Unit/Flat 2, 34A Kelvin Road, Papakura, Papakura 2110 Tenancy Tribunal Case 5105628 — 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 5105628 — net $1,596.14 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears to 21/1/25	$2,215.81	Rent arrears to 21/1/25
Window repairs	$277.50	Window repairs
Cleaning	$621.00	Cleaning
Repairs: hole in wall	$160.00	Repairs: hole in wall
Lawns and Garden work	$60.00	Lawns and Garden work
Repairs: powerpoint	$115.00	Repairs: powerpoint
Water rates	$66.83	Water rates
Net award	$1,596.14
Total payable by Tenant to Landlord	$1,596.14

Claims and awards for application 5105628 — net $1,596.14 NZD. Verify on MoJ.

Rent arrears to 21/1/25

Amount: $2,215.81
Awarded to: Landlord
Reason: Rent arrears to 21/1/25

Window repairs

Amount: $277.50
Awarded to: Landlord
Reason: Window repairs

Cleaning

Amount: $621.00
Awarded to: Landlord
Reason: Cleaning

Repairs: hole in wall

Amount: $160.00
Awarded to: Landlord
Reason: Repairs: hole in wall

Lawns and Garden work

Amount: $60.00
Awarded to: Landlord
Reason: Lawns and Garden work

Claim types — money lines allowed on this order

Cleanliness Lawns And Garden Work Property damage Rent arrears Water Rates

Order

Oliver Mark Stoneman and Nicole Anne Spencer must pay The Rent Shop Limited Acting Agent For Stanis Ho $1,596.14 immediately, calculated as shown in table below.
The Bond Centre is to pay the bond of $1,920.00 (5060282-004) to The Rent Shop Limited Acting Agent For Stanis Ho immediately.

Reasons

The landlord attended the hearing represented by Mr Chui.
The tenants did not attend the hearing and did not answer the calls made to their phones during the hearing. They had been notified of the hearing by email and text, accordingly pursuant to section 92 of the Residential Tenancies Act 1986 (RTA) the hearing continued in their absence.
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 21 January 2025 by tenant notice. The landlord provided rent records and water rates invoices which prove the amounts owing at the end of the tenancy. Accordingly, the order is made as sought.

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 landlord has established in evidence that the tenants did not leave the premises reasonably clean and tidy, including the exterior of the home. It appears as though little to no cleaning was undertaken upon vacate.
The amounts ordered are proven in evidence and considered reasonable in the circumstances.

Is the tenant responsible for the damage to the premises?

The landlord claims compensation for having to fix a window, a shattered electrical socket and hole in the wall.
To be successful in such a claim, 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.
Having considered the evidence I am satisfied that the damage was more than fair wear and tear and likely caused by careless or intentional actions. This is because the hole and shattered socket both would have had to have suffered considerable force to be damaged in this way. The door glass is also shattered which indicates the door was slammed with force.
Accordingly, I find the amounts ordered proven.
Because The Rent Shop Limited Acting Agent For Stanis Ho 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 5105628 — net $1,596.14 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears to 21/1/25	$2,215.81	Rent arrears to 21/1/25
Window repairs	$277.50	Window repairs
Cleaning	$621.00	Cleaning
Repairs: hole in wall	$160.00	Repairs: hole in wall
Lawns and Garden work	$60.00	Lawns and Garden work
Repairs: powerpoint	$115.00	Repairs: powerpoint
Water rates	$66.83	Water rates
Net award	$1,596.14
Total payable by Tenant to Landlord	$1,596.14

Claims and awards for application 5105628 — net $1,596.14 NZD. Verify on MoJ.

Rent arrears to 21/1/25

Amount: $2,215.81
Awarded to: Landlord
Reason: Rent arrears to 21/1/25

Window repairs

Amount: $277.50
Awarded to: Landlord
Reason: Window repairs

Cleaning

Amount: $621.00
Awarded to: Landlord
Reason: Cleaning

Repairs: hole in wall

Amount: $160.00
Awarded to: Landlord
Reason: Repairs: hole in wall

Lawns and Garden work

Amount: $60.00
Awarded to: Landlord
Reason: Lawns and Garden work

Claim types — money lines allowed on this order

Cleanliness Lawns And Garden Work Property damage Rent arrears Water Rates

Order

Oliver Mark Stoneman and Nicole Anne Spencer must pay The Rent Shop Limited Acting Agent For Stanis Ho $1,596.14 immediately, calculated as shown in table below.
The Bond Centre is to pay the bond of $1,920.00 (5060282-004) to The Rent Shop Limited Acting Agent For Stanis Ho immediately.

Reasons

The landlord attended the hearing represented by Mr Chui.
The tenants did not attend the hearing and did not answer the calls made to their phones during the hearing. They had been notified of the hearing by email and text, accordingly pursuant to section 92 of the Residential Tenancies Act 1986 (RTA) the hearing continued in their absence.
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 21 January 2025 by tenant notice. The landlord provided rent records and water rates invoices which prove the amounts owing at the end of the tenancy. Accordingly, the order is made as sought.

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 landlord has established in evidence that the tenants did not leave the premises reasonably clean and tidy, including the exterior of the home. It appears as though little to no cleaning was undertaken upon vacate.
The amounts ordered are proven in evidence and considered reasonable in the circumstances.

Is the tenant responsible for the damage to the premises?

The landlord claims compensation for having to fix a window, a shattered electrical socket and hole in the wall.
To be successful in such a claim, 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.
Having considered the evidence I am satisfied that the damage was more than fair wear and tear and likely caused by careless or intentional actions. This is because the hole and shattered socket both would have had to have suffered considerable force to be damaged in this way. The door glass is also shattered which indicates the door was slammed with force.
Accordingly, I find the amounts ordered proven.
Because The Rent Shop Limited Acting Agent For Stanis Ho has wholly succeeded with the claim I must reimburse the filing fee.

Tenancy Tribunal case 5105628 — Rent arrears at Unit/Flat 2, 34A Kelvin Road, Papakura, Papakura 2110

At a glance

Tenancy Tribunal case 5105628 — Rent arrears at Unit/Flat 2, 34A Kelvin Road, Papakura, Papakura 2110

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