What was the outcome of Tenancy Tribunal case 5122068?

The tribunal order states: Maeri Iafeta and Tewia Mikaio must pay EMAN ASAAD $2,257.00 immediately,

How much money was awarded in case 5122068?

Rubbish Removal: $1,840.00 awarded to landlord; Filing Fee: $27.00 awarded to landlord; Lawns and Garden Work: $690.00 awarded to landlord; Rent Arrears: $1,415.00 awarded to landlord; Rubbish Removal: $485.00 awarded to landlord

What type of tenancy dispute was case 5122068?

The primary dispute was Rent arrears.

Where can I read the official tribunal order for case 5122068?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/11745961-Tenancy_Tribunal_Order.pdf.

What was the outcome of Tenancy Tribunal case 5122068?

The tribunal order states: Maeri Iafeta and Tewia Mikaio must pay EMAN ASAAD $2,257.00 immediately,

How much money was awarded in case 5122068?

Rubbish Removal: $1,840.00 awarded to landlord; Filing Fee: $27.00 awarded to landlord; Lawns and Garden Work: $690.00 awarded to landlord; Rent Arrears: $1,415.00 awarded to landlord; Rubbish Removal: $485.00 awarded to landlord

What type of tenancy dispute was case 5122068?

The primary dispute was Rent arrears.

Where can I read the official tribunal order for case 5122068?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/11745961-Tenancy_Tribunal_Order.pdf.

16 Highway 22, Onewhero, RD 1, Onewhero 2696 Tenancy Tribunal Case 5122068 — Rent arrears

Claims and awards in Tenancy Tribunal application 5122068 — net $2,257.00 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears to 29 December 2024	$1,415.00	Rent arrears to 29 December 2024
Rubbish removal: Skip bin	$485.00	Rubbish removal: Skip bin
Cleaning: and rubbish removal labour	$1,840.00	Cleaning: and rubbish removal labour
Lawns and Garden work	$690.00	Lawns and Garden work
Filing fee reimbursement	$27.00	Filing fee reimbursement
Net award	$2,257.00
Total payable by Tenant to Landlord	$2,257.00

Order

Maeri Iafeta and Tewia Mikaio must pay EMAN ASAAD $2,257.00 immediately, calculated as shown in table below.
The bond centre is to pay the bond (6061937-025) of $2200.00 to EMAN ASAAD immediately.

Reasons

The landlord attended by video, the tenants did not attend the hearing in the court where the hearing was originally to be held, did not attend by video and did not answer the two telephone numbers that the tenants were called on. I am satisfied that the tenants were notified of the hearing and proceeded in their absence.
The premises are a large 4-bedroom home built in or around 1969 on a large section with established gardens. The property is rural.
The tenancy was for 4 years. During the tenancy the landlord inspected the property but was unable to inspect the back garden because the tenants kept their large dog there.
The landlord applied for the rent arrears, cleaning, rubbish removal, costs of repair of the fence, and costs of restoring the lawn and garden to a reasonable standard. The landlord also seeks the filing fee and to be paid any amounts awarded from the bond.
The bond is held in the name of Tenia Mikaio, the landlord confirms that the tenant’s name is Tewia Mikaio and that the bond that was deposited is for these tenants.

How much is owed for rent?

The tenancy ended on 29 December 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 did not leave the premises reasonably clean and tidy and did not remove all rubbish.
The tenants left a large amount of rubbish and belongings at the property, the landlord had hire someone to move the tenants’ belongings that were of some value to one side, to allow the tenants to come and collect the belongings. The tenants came and collected some belongings and left the remainder. The landlord had to dispose of those belongings.
I am satisfied that the landlord had to pay contractors to clean the property to a reasonable standard and to dispose of the tenants’ rubbish and belongings. Some of these items were large and the landlord had to hire a skip bin to remove them. The landlord paid her contractor the amount awarded for rubbish removal and cleaning.
The landlord also sought $1200 plus GST for lawns and garden maintenance, I have only awarded half of the amount claimed because whilst the tenants did not leave the garden and lawns in a reasonable condition, I do not consider that the amount claimed was to return the property to a reasonable condition. I consider that some of the amount claimed would have been to maintain trees and shrubs that were the landlord’s responsibility not the tenants. I also note that the landlord told me that this amount included repairs to the deck, I have reviewed the photographs of the property and whilst the back deck is functional at the beginning of the tenancy, it is old, and I am not able to determine with any certainty the condition of the deck before the tenancy began.
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 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 landlord claims that the tenants erected a fence on top of the existing fence to prevent his dog from jumping the fence. The landlord provided photographs of the fence before and after the tenancy. I am satisfied that the tenants erected the fence, which needed to be dismantled at the end of the tenancy. 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.
Because EMAN ASAAD has substantially succeeded with the claim I have reimbursed the filing fee.

Claims and awards in Tenancy Tribunal application 5122068 — net $2,257.00 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears to 29 December 2024	$1,415.00	Rent arrears to 29 December 2024
Rubbish removal: Skip bin	$485.00	Rubbish removal: Skip bin
Cleaning: and rubbish removal labour	$1,840.00	Cleaning: and rubbish removal labour
Lawns and Garden work	$690.00	Lawns and Garden work
Filing fee reimbursement	$27.00	Filing fee reimbursement
Net award	$2,257.00
Total payable by Tenant to Landlord	$2,257.00

Order

Maeri Iafeta and Tewia Mikaio must pay EMAN ASAAD $2,257.00 immediately, calculated as shown in table below.
The bond centre is to pay the bond (6061937-025) of $2200.00 to EMAN ASAAD immediately.

Reasons

The landlord attended by video, the tenants did not attend the hearing in the court where the hearing was originally to be held, did not attend by video and did not answer the two telephone numbers that the tenants were called on. I am satisfied that the tenants were notified of the hearing and proceeded in their absence.
The premises are a large 4-bedroom home built in or around 1969 on a large section with established gardens. The property is rural.
The tenancy was for 4 years. During the tenancy the landlord inspected the property but was unable to inspect the back garden because the tenants kept their large dog there.
The landlord applied for the rent arrears, cleaning, rubbish removal, costs of repair of the fence, and costs of restoring the lawn and garden to a reasonable standard. The landlord also seeks the filing fee and to be paid any amounts awarded from the bond.
The bond is held in the name of Tenia Mikaio, the landlord confirms that the tenant’s name is Tewia Mikaio and that the bond that was deposited is for these tenants.

How much is owed for rent?

The tenancy ended on 29 December 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 did not leave the premises reasonably clean and tidy and did not remove all rubbish.
The tenants left a large amount of rubbish and belongings at the property, the landlord had hire someone to move the tenants’ belongings that were of some value to one side, to allow the tenants to come and collect the belongings. The tenants came and collected some belongings and left the remainder. The landlord had to dispose of those belongings.
I am satisfied that the landlord had to pay contractors to clean the property to a reasonable standard and to dispose of the tenants’ rubbish and belongings. Some of these items were large and the landlord had to hire a skip bin to remove them. The landlord paid her contractor the amount awarded for rubbish removal and cleaning.
The landlord also sought $1200 plus GST for lawns and garden maintenance, I have only awarded half of the amount claimed because whilst the tenants did not leave the garden and lawns in a reasonable condition, I do not consider that the amount claimed was to return the property to a reasonable condition. I consider that some of the amount claimed would have been to maintain trees and shrubs that were the landlord’s responsibility not the tenants. I also note that the landlord told me that this amount included repairs to the deck, I have reviewed the photographs of the property and whilst the back deck is functional at the beginning of the tenancy, it is old, and I am not able to determine with any certainty the condition of the deck before the tenancy began.
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 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 landlord claims that the tenants erected a fence on top of the existing fence to prevent his dog from jumping the fence. The landlord provided photographs of the fence before and after the tenancy. I am satisfied that the tenants erected the fence, which needed to be dismantled at the end of the tenancy. 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.
Because EMAN ASAAD has substantially succeeded with the claim I have reimbursed the filing fee.

Tenancy Tribunal case 5122068 — Rent arrears at 16 Highway 22, Onewhero, RD 1, Onewhero 2696

At a glance

Tenancy Tribunal case 5122068 — Rent arrears at 16 Highway 22, Onewhero, RD 1, Onewhero 2696

At a glance

Award balance

Claims & awards

Order

Reasons

How much is owed for rent?

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

Frequently asked questions

Award balance

Claims & awards

Order

Reasons

How much is owed for rent?

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

Frequently asked questions