What was the outcome of Tenancy Tribunal case 5133909?

The tribunal order states: Rita Megan Anastasia Wikiriwhi Pokaitara and Rangi Hohepa Wikiriwhi

How much money was awarded in case 5133909?

Cleaning: $446.00 awarded to landlord; Cleaning: $150.00 awarded to landlord; Property Damage: $1,000.00 awarded to landlord; Property Damage: $253.07 awarded to landlord; Rent Arrears: $40.00 awarded to landlord; Rubbish Removal: $741.45 awarded to landlord; Water Rates: $478.54 awarded to landlord

What type of tenancy dispute was case 5133909?

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

Where can I read the official tribunal order for case 5133909?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/11753769-Tenancy_Tribunal_Order.pdf.

What was the outcome of Tenancy Tribunal case 5133909?

The tribunal order states: Rita Megan Anastasia Wikiriwhi Pokaitara and Rangi Hohepa Wikiriwhi

How much money was awarded in case 5133909?

Cleaning: $446.00 awarded to landlord; Cleaning: $150.00 awarded to landlord; Property Damage: $1,000.00 awarded to landlord; Property Damage: $253.07 awarded to landlord; Rent Arrears: $40.00 awarded to landlord; Rubbish Removal: $741.45 awarded to landlord; Water Rates: $478.54 awarded to landlord

What type of tenancy dispute was case 5133909?

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

Where can I read the official tribunal order for case 5133909?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/11753769-Tenancy_Tribunal_Order.pdf.

7 Park Green Avenue, Rosehill, Papakura 2113 Tenancy Tribunal Case 5133909 — Property damage

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7 Park Green Avenue, Rosehill, Papakura 2113 Tenancy Tribunal Case 5133909 — Property damage | 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 5133909 — net $3,109.06 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears to 26 November 2024	$40.00	Rent arrears to 26 November 2024
Water rates	$478.54	Water rates
Cleaning	$150.00	Cleaning
Rubbish removal: including wall repairs	$741.45	Rubbish removal: including wall repairs
Carpet Cleaning	$446.00	Carpet Cleaning
Lounge carpet replacement (insurance excess only	$1,000.00	Lounge carpet replacement (insurance excess only
Lock/key replacement	$253.07	Lock/key replacement
Net award	$3,109.06
Total payable by Tenant to Landlord	$3,109.06

Claims and awards for application 5133909 — net $3,109.06 NZD. Verify on MoJ.

Rent arrears to 26 November 2024

Amount: $40.00
Awarded to: Landlord
Reason: Rent arrears to 26 November 2024

Water rates

Amount: $478.54
Awarded to: Landlord
Reason: Water rates

Cleaning

Amount: $150.00
Awarded to: Landlord
Reason: Cleaning

Rubbish removal: including wall repairs

Amount: $741.45
Awarded to: Landlord
Reason: Rubbish removal: including wall repairs

Carpet Cleaning

Amount: $446.00
Awarded to: Landlord
Reason: Carpet Cleaning

Claim types — money lines allowed on this order

Carpet Cleaning Cleanliness Property damage Rent arrears Rubbish Removal Water Rates

Order

Rita Megan Anastasia Wikiriwhi Pokaitara and Rangi Hohepa Wikiriwhi Pokaitara must pay The Rent House Limited As Agent For Pinnawala Hewayalage Chanaka Nissanka $3,109.06 immediately, calculated as shown in table below.

Reasons

Both parties attended the hearing.
The landlord has applied for rent arrears, water rates and compensation following the end of the tenancy.

How much is owed for rent and water rates?

The tenancy ended on 26 November 2024. The landlord provided rent records and water rates invoices which prove the amount owing at the end of the tenancy.
The tenant accepts the charges.

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 tenant did not return the keys.
The amounts ordered are proved and the tenant accepts the charges.

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.
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 walls and carpet were damaged during the tenancy. The damage is more than fair wear and tear, and the tenant accepts liability for the damage.
The amounts ordered are proved.
The tenant’s liability in relation to carpet replacement costs has been limited to the lesser of the insurance excess.

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 5133909 — net $3,109.06 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears to 26 November 2024	$40.00	Rent arrears to 26 November 2024
Water rates	$478.54	Water rates
Cleaning	$150.00	Cleaning
Rubbish removal: including wall repairs	$741.45	Rubbish removal: including wall repairs
Carpet Cleaning	$446.00	Carpet Cleaning
Lounge carpet replacement (insurance excess only	$1,000.00	Lounge carpet replacement (insurance excess only
Lock/key replacement	$253.07	Lock/key replacement
Net award	$3,109.06
Total payable by Tenant to Landlord	$3,109.06

Claims and awards for application 5133909 — net $3,109.06 NZD. Verify on MoJ.

Rent arrears to 26 November 2024

Amount: $40.00
Awarded to: Landlord
Reason: Rent arrears to 26 November 2024

Water rates

Amount: $478.54
Awarded to: Landlord
Reason: Water rates

Cleaning

Amount: $150.00
Awarded to: Landlord
Reason: Cleaning

Rubbish removal: including wall repairs

Amount: $741.45
Awarded to: Landlord
Reason: Rubbish removal: including wall repairs

Carpet Cleaning

Amount: $446.00
Awarded to: Landlord
Reason: Carpet Cleaning

Claim types — money lines allowed on this order

Carpet Cleaning Cleanliness Property damage Rent arrears Rubbish Removal Water Rates

Order

Reasons

Both parties attended the hearing.
The landlord has applied for rent arrears, water rates and compensation following the end of the tenancy.

How much is owed for rent and water rates?

The tenancy ended on 26 November 2024. The landlord provided rent records and water rates invoices which prove the amount owing at the end of the tenancy.
The tenant accepts the charges.

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 tenant did not return the keys.
The amounts ordered are proved and the tenant accepts the charges.

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.
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 walls and carpet were damaged during the tenancy. The damage is more than fair wear and tear, and the tenant accepts liability for the damage.
The amounts ordered are proved.
The tenant’s liability in relation to carpet replacement costs has been limited to the lesser of the insurance excess.

Tenancy Tribunal case 5133909 — Property damage at 7 Park Green Avenue, Rosehill, Papakura 2113

At a glance

Tenancy Tribunal case 5133909 — Property damage at 7 Park Green Avenue, Rosehill, Papakura 2113

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