What was the outcome of Tenancy Tribunal case 5137930?

The tribunal order states: Melissa Rata must pay Leanne Patricia Powley T/A Credit Control On Call As

How much money was awarded in case 5137930?

Filing Fee: $27.00 awarded to landlord; Property Damage: $161.00 awarded to landlord; Rent Arrears: $3,211.44 awarded to landlord; Property Damage: $303.02 awarded to landlord; Mirror: $439.00 awarded to landlord; Walls and Doors: $262.65 awarded to landlord; Water Rates: $448.24 awarded to landlord

What type of tenancy dispute was case 5137930?

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

Where can I read the official tribunal order for case 5137930?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/11594085-Tenancy_Tribunal_Order.pdf.

What was the outcome of Tenancy Tribunal case 5137930?

The tribunal order states: Melissa Rata must pay Leanne Patricia Powley T/A Credit Control On Call As

How much money was awarded in case 5137930?

Filing Fee: $27.00 awarded to landlord; Property Damage: $161.00 awarded to landlord; Rent Arrears: $3,211.44 awarded to landlord; Property Damage: $303.02 awarded to landlord; Mirror: $439.00 awarded to landlord; Walls and Doors: $262.65 awarded to landlord; Water Rates: $448.24 awarded to landlord

What type of tenancy dispute was case 5137930?

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

Where can I read the official tribunal order for case 5137930?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/11594085-Tenancy_Tribunal_Order.pdf.

88 Beach Road, Pahurehure, Papakura 2113 Tenancy Tribunal Case 5137930 — Rent arrears

Order

Claims and awards in Tenancy Tribunal application 5137930 — net $2,132.35 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears to 3/02/2025	$3,211.44	Rent arrears to 3/02/2025
Water rates to end of tenancy	$448.24	Water rates to end of tenancy
Repairs: Mirror	$439.00	Repairs: Mirror
Repairs: Damaged garage lights	$303.02	Repairs: Damaged garage lights
Lock/key replacement	$161.00	Lock/key replacement
Repairs: Walls and doors	$262.65	Repairs: Walls and doors
Filing fee reimbursement	$27.00	Filing fee reimbursement
Net award	$2,132.35
Total payable by Tenant to Landlord	$2,132.35

Melissa Rata must pay Leanne Patricia Powley T/A Credit Control On Call As Agent For Anthony And Lyn Hale $2,132.35, calculated as shown in the table below.

The Bond Centre is to refund the bond of $2720.00 to the landlord.

The tenant will pay the debt in order 1 at the rate of $100.00 per week.

The first payment will be made on Friday 28 March 2025 and payments must continue every Friday until the debt is paid in full. DescriptionLandlord Rent arrears to 3/02/2025$3,211.44 Water rates to end of tenancy$448.24 Repairs: Mirror$439.00 Repairs: Damaged garage lights$303.02 Lock/key replacement$161.00 Repairs: Walls and doors$262.65 Filing fee reimbursement$27.00 Total award$4,852.35 Minus Bond$2,720.00 Total payable by Tenant to Landlord$2,132.35

If the tenant fails to make any payment within 2 working days of the due date, the balance of the debt owing will be payable immediately and can be enforced through the District Court.

Reasons

Both parties attended the hearing which took place by teleconference.

The landlord has applied for rent and water 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 3 February 2025 when the tenant vacated the property with the landlord’s consent. The landlord provided rent records and water rates invoices which prove the amounts owing at the end of the tenancy. The fixed water charges and tenant part payment have been deducted from the amount ordered.

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 is required to replace worn out smoke alarm batteries during the tenancy. See section 40(1)(ca) Residential Tenancies Act 1986. The tenant must also replace standard light bulbs.

The landlord claimed that the tenant did not leave the premises reasonably clean and tidy and sought reimbursement for the cost of further cleaning of the kitchen floor, oven trays and blinds. The tenant claimed that she cleaned the premises. The parties agreed that the tenant returned to remove final rubbish and return a plug and oven dish.

It is not always easy to define what "reasonably clean and tidy" means. However, a tenant is not required to leave a property immaculate or even in a condition where the landlord would be happy to rent it out to a new tenant. What is required is that premises including the stove and bathroom fittings are cleaned and all personal items removed. It is common that a landlord wishes to clean to an extra level. I find that the further cleaning the landlord sought reimbursement for was to clean to a standard beyond reasonably clean and tidy and therefore this is a landlord cost.

The tenant did not return a sliding window deadbolt key and the lock needed replacement.

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.

The following damage was caused during the tenancy: A mirror was broken, lights fittings in the garage were damaged and there were holes in walls and doors in the lounge, hallway and one bedroom. The tenant had attempted to patch holes but finishing and painting was still needed. The damage is more than fair wear and tear, and the tenant accepts liability for the damage.

The amounts ordered are proved. Invoices have been provided for the mirror and light fitting repairs. The owner has given evidence regarding their labour for the painting repairs and I find that 8.5 hours at a rate of $30.00 per hour plus the cost of the paint roller as sought is appropriate reimbursement. The amounts ordered are less than the landlord’s insurance excess for each repair.

Because Leanne Patricia Powley T/A Credit Control On Call As Agent For Anthony And Lyn Hale has substantially succeeded with the claim I have reimbursed the filing fee.

Claims and awards in Tenancy Tribunal application 5137930 — net $2,132.35 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears to 3/02/2025	$3,211.44	Rent arrears to 3/02/2025
Water rates to end of tenancy	$448.24	Water rates to end of tenancy
Repairs: Mirror	$439.00	Repairs: Mirror
Repairs: Damaged garage lights	$303.02	Repairs: Damaged garage lights
Lock/key replacement	$161.00	Lock/key replacement
Repairs: Walls and doors	$262.65	Repairs: Walls and doors
Filing fee reimbursement	$27.00	Filing fee reimbursement
Net award	$2,132.35
Total payable by Tenant to Landlord	$2,132.35

Order

Melissa Rata must pay Leanne Patricia Powley T/A Credit Control On Call As Agent For Anthony And Lyn Hale $2,132.35, calculated as shown in the table below.
The Bond Centre is to refund the bond of $2720.00 to the landlord.
The tenant will pay the debt in order 1 at the rate of $100.00 per week.
The first payment will be made on Friday 28 March 2025 and payments must continue every Friday until the debt is paid in full. DescriptionLandlord Rent arrears to 3/02/2025$3,211.44 Water rates to end of tenancy$448.24 Repairs: Mirror$439.00 Repairs: Damaged garage lights$303.02 Lock/key replacement$161.00 Repairs: Walls and doors$262.65 Filing fee reimbursement$27.00 Total award$4,852.35 Minus Bond$2,720.00 Total payable by Tenant to Landlord$2,132.35
If the tenant fails to make any payment within 2 working days of the due date, the balance of the debt owing will be payable immediately and can be enforced through the District Court.

Reasons

Both parties attended the hearing which took place by teleconference.
The landlord has applied for rent and water 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 3 February 2025 when the tenant vacated the property with the landlord’s consent. The landlord provided rent records and water rates invoices which prove the amounts owing at the end of the tenancy. The fixed water charges and tenant part payment have been deducted from the amount ordered.

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 is required to replace worn out smoke alarm batteries during the tenancy. See section 40(1)(ca) Residential Tenancies Act 1986. The tenant must also replace standard light bulbs.
The landlord claimed that the tenant did not leave the premises reasonably clean and tidy and sought reimbursement for the cost of further cleaning of the kitchen floor, oven trays and blinds. The tenant claimed that she cleaned the premises. The parties agreed that the tenant returned to remove final rubbish and return a plug and oven dish.
It is not always easy to define what "reasonably clean and tidy" means. However, a tenant is not required to leave a property immaculate or even in a condition where the landlord would be happy to rent it out to a new tenant. What is required is that premises including the stove and bathroom fittings are cleaned and all personal items removed. It is common that a landlord wishes to clean to an extra level. I find that the further cleaning the landlord sought reimbursement for was to clean to a standard beyond reasonably clean and tidy and therefore this is a landlord cost.
The tenant did not return a sliding window deadbolt key and the lock needed replacement.

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.
The following damage was caused during the tenancy: A mirror was broken, lights fittings in the garage were damaged and there were holes in walls and doors in the lounge, hallway and one bedroom. The tenant had attempted to patch holes but finishing and painting was still needed. The damage is more than fair wear and tear, and the tenant accepts liability for the damage.
The amounts ordered are proved. Invoices have been provided for the mirror and light fitting repairs. The owner has given evidence regarding their labour for the painting repairs and I find that 8.5 hours at a rate of $30.00 per hour plus the cost of the paint roller as sought is appropriate reimbursement. The amounts ordered are less than the landlord’s insurance excess for each repair.
Because Leanne Patricia Powley T/A Credit Control On Call As Agent For Anthony And Lyn Hale has substantially succeeded with the claim I have reimbursed the filing fee.

Tenancy Tribunal case 5137930 — Rent arrears at 88 Beach Road, Pahurehure, Papakura 2113

At a glance

Tenancy Tribunal case 5137930 — Rent arrears at 88 Beach Road, Pahurehure, 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

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

Frequently asked questions