What was the outcome of Tenancy Tribunal case 5112388?

The tribunal order states: Agnes Pene and Carlos Tuhiwai-Hemara must pay Rentals.Co (as agent for

How much money was awarded in case 5112388?

Cleaning: $351.30 awarded to landlord; Cleaning: $40.00 awarded to landlord; Filing Fee: $27.00 awarded to landlord; Rent Arrears: $1,100.00 awarded to landlord; & Painting - Walls: $750.00 awarded to landlord; Element On Stove: $222.30 awarded to landlord; Floor: $422.17 awarded to landlord; Water Rates: $508.53 awarded to landlord

What type of tenancy dispute was case 5112388?

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

Where can I read the official tribunal order for case 5112388?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/11594468-Tenancy_Tribunal_Order.pdf.

What was the outcome of Tenancy Tribunal case 5112388?

The tribunal order states: Agnes Pene and Carlos Tuhiwai-Hemara must pay Rentals.Co (as agent for

How much money was awarded in case 5112388?

Cleaning: $351.30 awarded to landlord; Cleaning: $40.00 awarded to landlord; Filing Fee: $27.00 awarded to landlord; Rent Arrears: $1,100.00 awarded to landlord; & Painting - Walls: $750.00 awarded to landlord; Element On Stove: $222.30 awarded to landlord; Floor: $422.17 awarded to landlord; Water Rates: $508.53 awarded to landlord

What type of tenancy dispute was case 5112388?

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

Where can I read the official tribunal order for case 5112388?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/11594468-Tenancy_Tribunal_Order.pdf.

12 Hassard Street, Kensington, Whangarei 0112 Tenancy Tribunal Case 5112388 — Property damage

Reasons

Background

Claims and awards in Tenancy Tribunal application 5112388 — net $1,021.30 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears	$1,100.00	Rent arrears
Water rates	$508.53	Water rates
Carpet Cleaning	$351.30	14. I will award the equivalent of one hour of cleaning.
Cleaning	$40.00	14. I will award the equivalent of one hour of cleaning.
Repairs: Floor	$422.17	Repairs: Floor
Repairs: Element on stove	$222.30	Repairs: Element on stove
Repairs: & painting - walls	$750.00	Repairs: & painting - walls
Filing fee reimbursement	$27.00	25. I will award $750.00 for completing those repairs and painting.
Net award	$1,021.30
Total payable by Tenant to Landlord	$1,021.30

The tenancy ended on 9 December 2024.

The landlord’s application seeks rent arrears, water rates, cleaning, and repair costs.

The hearing took place in Whangarei 19 March 2025. Ms Pene and Ms Inglis (representing the landlord) participated in the hearing.

Ms Pene accepted the claims for rent arrears, floor repairs, and replacement of an element on the stove. Water rates

The claim seeks water rates for two Whangarei District Council invoice periods: 31 July 2023 – 9 February 2024, and 9 February – 6 August 2024.

The undisputed amount owed on the first invoice is $298.53.

The second invoice covered a period where there was a mains water leak at the property. The consumption charge on that invoice was $554.86. The landlord reduced the charge to $280.00 due to the leak. This figure is based on the average of Ms Pene’s previous invoices.

Ms Pene acknowledged the discount offered by the landlord but noted that during part of this period there were fewer people living in the house, so all other things being equal she would have expected a lower than average water rates invoice.

I accept Ms Pene’s argument on this point. In my view $210.00 is an appropriate charge for this period.

The total water rates owed is $508.53. Cleaning

Tenants must leave the premises reasonably clean and tidy at the end of the tenancy.

The landlord’s claim seeks $115.00 for cleaning and $351.30 for carpet cleaning.

Ms Inglis’ end of tenancy photographs show some minor issues around skirtings that are within the parameters of ‘reasonably clean and tidy’. Ms Pene’s whanau, who helped her with the cleaning, overlooked one cupboard in the kitchen and did not complete the cleaning of the oven.

I will award the equivalent of one hour of cleaning.

Ms Pene had professional carpet cleaning carried out at the end of her tenancy.

Ms Inglis considered that the carpet was still not reasonably clean and tidy after that cleaning, and she arranged for further carpet cleaning and stain treatment by Jae, at a cost of $351.30.

I acknowledge that Ms Pene made all reasonable efforts to clean the carpet to a “reasonably clean and tidy” standard at the end of the tenancy.

However, the landlord provided a ‘Service Report’ from Jaes which clearly shows that there were stains present in the hallway, living room, and two bedrooms, and that these stains were removed, or substantially reduced, after cleaning by Jaes.

Therefore I am satisfied that the carpet was not reasonably clean and tidy after the professional cleaning that Ms Pene had done. The second cleaning by Jae was necessary. The tenants are liable for this cost. Damage to walls

The landlord seeks $1150.00 for repairs to walls and painting. This is a portion of an invoice from Nailed It Northland dated 20 December 2024.

Ms Inglis’ photographs show some dark scuffs / scrapes on the walls. Ms Inglis clarified that the claim does not relate to this relatively minor (fair wear and tear) damage but to: a. Several holes in the walls that the tenants ‘patch’ repaired. b. Damage to the bottom of a wall in the bedroom.

Ms Pene did not dispute the damage that was patch repaired. She said that she had intended to have the repairs tidied up and painted before the end of her tenancy but unfortunately that fell through. Ms Pene disputed the damage to the bedroom wall. She said that her bed was too high to have caused this damage, which appears to be just above the skirting on the wall. Ms Inglis said that the builder told her that the wall appears to have been ‘pushed in’ - the point of impact was probably further up the wall, but the effect was that the wallboard separated near the bottom of the wall.

It is impossible to ascertain the extent and possible cause of the damage from the single photograph provided. I note that the photograph shows some paint patches on this wall, possibly indicating previous damage in this area. There is not sufficient evidence to establish that the damage occurred during this tenancy.

The patch repaired holes are generally small, but there are several of them.

I will award $750.00 for completing those repairs and painting. Filing fee, bond, name suppression

The landlord has been successful in this application, and I will award the landlord the filing fee of $27.00.

The proven claim exceeds the amount of the bond. The bond will be released to the landlord.

At the hearing Ms Inglis stated that the landlord is not seeking name suppression.

Claims and awards in Tenancy Tribunal application 5112388 — net $1,021.30 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears	$1,100.00	Rent arrears
Water rates	$508.53	Water rates
Carpet Cleaning	$351.30	14. I will award the equivalent of one hour of cleaning.
Cleaning	$40.00	14. I will award the equivalent of one hour of cleaning.
Repairs: Floor	$422.17	Repairs: Floor
Repairs: Element on stove	$222.30	Repairs: Element on stove
Repairs: & painting - walls	$750.00	Repairs: & painting - walls
Filing fee reimbursement	$27.00	25. I will award $750.00 for completing those repairs and painting.
Net award	$1,021.30
Total payable by Tenant to Landlord	$1,021.30

Order

Agnes Pene and Carlos Tuhiwai-Hemara must pay Rentals.Co (as agent for Edwin Monk-Fromont) $1,021.30 immediately, calculated as shown in table below.
The Bond Centre is to pay the bond of $2,400.00 (6236247-007) to Rentals.Co immediately.

Reasons

Background

The tenancy ended on 9 December 2024.
The landlord’s application seeks rent arrears, water rates, cleaning, and repair costs.
The hearing took place in Whangarei 19 March 2025. Ms Pene and Ms Inglis (representing the landlord) participated in the hearing.
Ms Pene accepted the claims for rent arrears, floor repairs, and replacement of an element on the stove. Water rates
The claim seeks water rates for two Whangarei District Council invoice periods: 31 July 2023 – 9 February 2024, and 9 February – 6 August 2024.
The undisputed amount owed on the first invoice is $298.53.
The second invoice covered a period where there was a mains water leak at the property. The consumption charge on that invoice was $554.86. The landlord reduced the charge to $280.00 due to the leak. This figure is based on the average of Ms Pene’s previous invoices.
Ms Pene acknowledged the discount offered by the landlord but noted that during part of this period there were fewer people living in the house, so all other things being equal she would have expected a lower than average water rates invoice.
I accept Ms Pene’s argument on this point. In my view $210.00 is an appropriate charge for this period.
The total water rates owed is $508.53. Cleaning
Tenants must leave the premises reasonably clean and tidy at the end of the tenancy.
The landlord’s claim seeks $115.00 for cleaning and $351.30 for carpet cleaning.
Ms Inglis’ end of tenancy photographs show some minor issues around skirtings that are within the parameters of ‘reasonably clean and tidy’. Ms Pene’s whanau, who helped her with the cleaning, overlooked one cupboard in the kitchen and did not complete the cleaning of the oven.
I will award the equivalent of one hour of cleaning.
Ms Pene had professional carpet cleaning carried out at the end of her tenancy.
Ms Inglis considered that the carpet was still not reasonably clean and tidy after that cleaning, and she arranged for further carpet cleaning and stain treatment by Jae, at a cost of $351.30.
I acknowledge that Ms Pene made all reasonable efforts to clean the carpet to a “reasonably clean and tidy” standard at the end of the tenancy.
However, the landlord provided a ‘Service Report’ from Jaes which clearly shows that there were stains present in the hallway, living room, and two bedrooms, and that these stains were removed, or substantially reduced, after cleaning by Jaes.
Therefore I am satisfied that the carpet was not reasonably clean and tidy after the professional cleaning that Ms Pene had done. The second cleaning by Jae was necessary. The tenants are liable for this cost. Damage to walls
The landlord seeks $1150.00 for repairs to walls and painting. This is a portion of an invoice from Nailed It Northland dated 20 December 2024.
Ms Inglis’ photographs show some dark scuffs / scrapes on the walls. Ms Inglis clarified that the claim does not relate to this relatively minor (fair wear and tear) damage but to: a. Several holes in the walls that the tenants ‘patch’ repaired. b. Damage to the bottom of a wall in the bedroom.
Ms Pene did not dispute the damage that was patch repaired. She said that she had intended to have the repairs tidied up and painted before the end of her tenancy but unfortunately that fell through. Ms Pene disputed the damage to the bedroom wall. She said that her bed was too high to have caused this damage, which appears to be just above the skirting on the wall. Ms Inglis said that the builder told her that the wall appears to have been ‘pushed in’ - the point of impact was probably further up the wall, but the effect was that the wallboard separated near the bottom of the wall.
It is impossible to ascertain the extent and possible cause of the damage from the single photograph provided. I note that the photograph shows some paint patches on this wall, possibly indicating previous damage in this area. There is not sufficient evidence to establish that the damage occurred during this tenancy.
The patch repaired holes are generally small, but there are several of them.
I will award $750.00 for completing those repairs and painting. Filing fee, bond, name suppression
The landlord has been successful in this application, and I will award the landlord the filing fee of $27.00.
The proven claim exceeds the amount of the bond. The bond will be released to the landlord.
At the hearing Ms Inglis stated that the landlord is not seeking name suppression.

Tenancy Tribunal case 5112388 — Property damage at 12 Hassard Street, Kensington, Whangarei 0112

At a glance

Tenancy Tribunal case 5112388 — Property damage at 12 Hassard Street, Kensington, Whangarei 0112

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