What was the outcome of Tenancy Tribunal case 5145988?

The tribunal order states: Meleseini Fisi must pay Max Rentals Nz Limited As Agent For Eon Investments

How much money was awarded in case 5145988?

Cleaning: $402.50 awarded to landlord; Cleaning: $803.85 awarded to landlord; Filing Fee: $27.00 awarded to landlord; Lawns and Garden Work: $172.50 awarded to landlord; Property Damage: $862.50 awarded to landlord; Property Damage: $172.50 awarded to landlord; Rent Arrears: $3,514.29 awarded to landlord

What type of tenancy dispute was case 5145988?

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

Where can I read the official tribunal order for case 5145988?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/11769369-Tribunal_Order.pdf.

What was the outcome of Tenancy Tribunal case 5145988?

The tribunal order states: Meleseini Fisi must pay Max Rentals Nz Limited As Agent For Eon Investments

How much money was awarded in case 5145988?

Cleaning: $402.50 awarded to landlord; Cleaning: $803.85 awarded to landlord; Filing Fee: $27.00 awarded to landlord; Lawns and Garden Work: $172.50 awarded to landlord; Property Damage: $862.50 awarded to landlord; Property Damage: $172.50 awarded to landlord; Rent Arrears: $3,514.29 awarded to landlord

What type of tenancy dispute was case 5145988?

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

Where can I read the official tribunal order for case 5145988?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/11769369-Tribunal_Order.pdf.

2 Scotts Road, Papakura, Papakura 2110 Tenancy Tribunal Case 5145988 — Rent arrears

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2 Scotts Road, Papakura, Papakura 2110 Tenancy Tribunal Case 5145988 — 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 5145988 — net $5,955.14 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears to 26 December 2024	$3,514.29	Rent arrears to 26 December 2024
Cleaning	$803.85	Cleaning
Carpet Cleaning	$402.50	Carpet Cleaning
Lawns and Garden work	$172.50	Lawns and Garden work
Lock/key replacement	$862.50	Lock/key replacement
Repairs	$172.50	Repairs
Filing fee reimbursement	$27.00	Filing fee reimbursement
Net award	$5,955.14
Total payable by Tenant to Landlord	$5,955.14

Claims and awards for application 5145988 — net $5,955.14 NZD. Verify on MoJ.

Rent arrears to 26 December 2024

Amount: $3,514.29
Awarded to: Landlord
Reason: Rent arrears to 26 December 2024

Cleaning

Amount: $803.85
Awarded to: Landlord
Reason: Cleaning

Carpet Cleaning

Amount: $402.50
Awarded to: Landlord
Reason: Carpet Cleaning

Lawns and Garden work

Amount: $172.50
Awarded to: Landlord
Reason: Lawns and Garden work

Lock/key replacement

Amount: $862.50
Awarded to: Landlord
Reason: Lock/key replacement

Claim types — money lines allowed on this order

Carpet Cleaning Cleanliness Filing Fee Lawns And Garden Work Property damage Rent arrears

Order

Meleseini Fisi must pay Max Rentals Nz Limited As Agent For Eon Investments Ltd $5,955.14 immediately, calculated as shown in table below.

Reasons

The landlord attended the hearing. The tenant did not.
The notice of hearing listed the following claims raised: a. Vacated tenancy b. Abandoned c. Rent arrears d. Exemplary damages
The landlord’s written application referred to the fact that the landlord had incurred costs having the property cleaned, locks replaced and damage fixed. Unfortunately, the landlord did not include this information in the proper part of their application form and therefore, it was not included as a claim raised in the notice of hearing. Notwithstanding this, I allowed the landlord to pursue their claim for compensation for these matters orally at the hearing. I do not consider the tenant to be prejudiced by this. The landlord’s written application refers to these matters and they submitted photographs and invoices for these matters at the time they filed their application. In these circumstances, I consider it reasonable for the tenant to have anticipated that the Tribunal would consider these claims today and they have had reasonable notice of that fact.
The landlord also sought to advance a claim for outstanding water rates, which I declined to allow. The notice of hearing does not include a claim for outgoings and the landlord has not referred to it at all in their application or submitted water rates invoices. It remains open to the landlord to file a fresh application for outstanding water rates if they wish.
The landlord has applied for rent arrears, compensation and reimbursement of the filing fee following the end of the tenancy.
As the applicant, the landlord must prove their claim to the civil law standard of proof, on the balance of probabilities. This means that they must establish that what they are claiming is more likely than not. This is referred to as the “burden of proof.” Independent witnesses, corroborating documents and photographs are an important part of discharging this burden.
As noted by the District Court in Katipo v Clarke & McCarthy (DC) TT233/02, in practical terms this means that: ...[L]ike anyone who brings an application before a Tribunal or Court, it is incumbent upon the applicant to provide the evidence necessary to prove the case. If the applicant fails to do that, then their application will be dismissed whether it has merit of not because it is up to the applicant to provide the necessary evidence. It is not up to the other parties, and it is certainly not up to the Tribunal to extract evidence.
I do not need to be completely certain, but I need to be more certain than uncertain. In deciding any particular claim, I must consider all the evidence presented (including oral evidence at the hearing). I must weigh this evidence to decide what is more likely.

RENT ARREARS

The tenancy began on 16 April 2024 and was a fixed term tenancy to 15 April 2025.
The tenant left the premises without notice on 29 November 2024 and wrote to the landlord advising them of this. At this time, the tenant was in rent arrears.
The landlord took possession of the property on 1 December 2024 and gave evidence that the property was only re-tenanted very recently.
In these circumstances, the landlord could have sought rent arrears up to the end of the fixed-term on 15 April 2025 1 however, only sought rent arrears up to 26 December 2024, which is 4 weeks after the tenant advised them they had abandoned the premises.
The landlord provided a rent summary, which proves rent arrears were $6,914.29 up to 26 December 2024. The landlord advised that the bond has already been refunded to them and therefore, they only seek an order for rent arrears in the amount of $3,514.29. The landlord’s claim for rent arrears is granted for this amount. 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 term “premises” includes any land and appurtenances, other than facilities. 2
The requirement to leave the premises reasonable clean and tidy relates to the inside and outside of the property.
The landlord claims that tenant did not leave the premises reasonably clean and tidy and did not return the keys. The landlord seeks compensation as follows: a. Cleaning:$803.85 b. Carpet cleaning:$402.50 c. Lawn mowing:$172.50 d. Lock/key replacement: $862.50 1 Residential Tenancies Act 1986, section 61(3)(b). 2 Residential Tenancies Act 1986, section 2.
The landlord submitted invoices for the above amounts.
I deal with each issue in turn below. Cleaning & carpet cleaning
The landlord submitted photographs taken at the end of the tenancy. They show the house was left in a very poor state. There is rubbish and personal belongings throughout the house. The property has clearly not been cleaned and the carpets are dirty and stained.
I find the tenant did not leave the inside of the premise reasonably clean and tidy. It was reasonable for the landlord to have the property and carpet professionally cleaned. The amounts sought are reasonable in relation to the state the property was left.
The landlord’s claim for compensation for cleaning and carpet cleaning is granted for the following amounts: a. Cleaning:$803.85 b. Carpet cleaning:$402.50 Lawn mowing
The landlord submitted photographs taken at the end of the tenancy, which show the lawn is overgrown and full of weeds. On the basis of these photographs, I find the tenant did not leave the outside of the premises reasonably clean and tidy.
The landlord’s claim for lawnmowing is granted for $172.50. Key/lock replacement
The landlord gave evidence that the tenant did not return the keys to the property and they have had all of the locks and keys replaced. The landlord gave evidence that there are multiple entry doors to the property, which is why the cost was quite high.
I accept the landlord’s evidence and grant their claim for compensation for key and lock replacement for $862.50.

DAMAGE

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.
The landlord gave evidence that the tenant was responsible for two holes in the walls in two bedrooms.
The landlord submitted photographs taken during a routine inspection on 13 September 2024 and at the end of the tenancy. No holes are apparent in any of the bedroom walls in the routine inspection. In contrast, two holes are apparent in the photographs taken at the end of the tenancy.
Based upon a comparison of the photographs submitted by the landlord and evidence given at the hearing, I find that the following damage occurred during the tenancy: a. Two holes in the bedroom walls
The damage is more than fair wear and tear and the tenant has not disproved liability.
The landlord submitted an invoice for $172.50 for the repairs. Their claim for compensation is granted for this amount.
All of the amounts ordered above 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.

FILING FEE

Because Max Rentals Nz Limited As Agent For Eon Investments Ltd 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 5145988 — net $5,955.14 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears to 26 December 2024	$3,514.29	Rent arrears to 26 December 2024
Cleaning	$803.85	Cleaning
Carpet Cleaning	$402.50	Carpet Cleaning
Lawns and Garden work	$172.50	Lawns and Garden work
Lock/key replacement	$862.50	Lock/key replacement
Repairs	$172.50	Repairs
Filing fee reimbursement	$27.00	Filing fee reimbursement
Net award	$5,955.14
Total payable by Tenant to Landlord	$5,955.14

Claims and awards for application 5145988 — net $5,955.14 NZD. Verify on MoJ.

Rent arrears to 26 December 2024

Amount: $3,514.29
Awarded to: Landlord
Reason: Rent arrears to 26 December 2024

Cleaning

Amount: $803.85
Awarded to: Landlord
Reason: Cleaning

Carpet Cleaning

Amount: $402.50
Awarded to: Landlord
Reason: Carpet Cleaning

Lawns and Garden work

Amount: $172.50
Awarded to: Landlord
Reason: Lawns and Garden work

Lock/key replacement

Amount: $862.50
Awarded to: Landlord
Reason: Lock/key replacement

Claim types — money lines allowed on this order

Carpet Cleaning Cleanliness Filing Fee Lawns And Garden Work Property damage Rent arrears

Order

Meleseini Fisi must pay Max Rentals Nz Limited As Agent For Eon Investments Ltd $5,955.14 immediately, calculated as shown in table below.

Reasons

The landlord attended the hearing. The tenant did not.
The notice of hearing listed the following claims raised: a. Vacated tenancy b. Abandoned c. Rent arrears d. Exemplary damages
The landlord’s written application referred to the fact that the landlord had incurred costs having the property cleaned, locks replaced and damage fixed. Unfortunately, the landlord did not include this information in the proper part of their application form and therefore, it was not included as a claim raised in the notice of hearing. Notwithstanding this, I allowed the landlord to pursue their claim for compensation for these matters orally at the hearing. I do not consider the tenant to be prejudiced by this. The landlord’s written application refers to these matters and they submitted photographs and invoices for these matters at the time they filed their application. In these circumstances, I consider it reasonable for the tenant to have anticipated that the Tribunal would consider these claims today and they have had reasonable notice of that fact.
The landlord also sought to advance a claim for outstanding water rates, which I declined to allow. The notice of hearing does not include a claim for outgoings and the landlord has not referred to it at all in their application or submitted water rates invoices. It remains open to the landlord to file a fresh application for outstanding water rates if they wish.
The landlord has applied for rent arrears, compensation and reimbursement of the filing fee following the end of the tenancy.
As the applicant, the landlord must prove their claim to the civil law standard of proof, on the balance of probabilities. This means that they must establish that what they are claiming is more likely than not. This is referred to as the “burden of proof.” Independent witnesses, corroborating documents and photographs are an important part of discharging this burden.
As noted by the District Court in Katipo v Clarke & McCarthy (DC) TT233/02, in practical terms this means that: ...[L]ike anyone who brings an application before a Tribunal or Court, it is incumbent upon the applicant to provide the evidence necessary to prove the case. If the applicant fails to do that, then their application will be dismissed whether it has merit of not because it is up to the applicant to provide the necessary evidence. It is not up to the other parties, and it is certainly not up to the Tribunal to extract evidence.
I do not need to be completely certain, but I need to be more certain than uncertain. In deciding any particular claim, I must consider all the evidence presented (including oral evidence at the hearing). I must weigh this evidence to decide what is more likely.

RENT ARREARS

The tenancy began on 16 April 2024 and was a fixed term tenancy to 15 April 2025.
The tenant left the premises without notice on 29 November 2024 and wrote to the landlord advising them of this. At this time, the tenant was in rent arrears.
The landlord took possession of the property on 1 December 2024 and gave evidence that the property was only re-tenanted very recently.
In these circumstances, the landlord could have sought rent arrears up to the end of the fixed-term on 15 April 2025 1 however, only sought rent arrears up to 26 December 2024, which is 4 weeks after the tenant advised them they had abandoned the premises.
The landlord provided a rent summary, which proves rent arrears were $6,914.29 up to 26 December 2024. The landlord advised that the bond has already been refunded to them and therefore, they only seek an order for rent arrears in the amount of $3,514.29. The landlord’s claim for rent arrears is granted for this amount. 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 term “premises” includes any land and appurtenances, other than facilities. 2
The requirement to leave the premises reasonable clean and tidy relates to the inside and outside of the property.
The landlord claims that tenant did not leave the premises reasonably clean and tidy and did not return the keys. The landlord seeks compensation as follows: a. Cleaning:$803.85 b. Carpet cleaning:$402.50 c. Lawn mowing:$172.50 d. Lock/key replacement: $862.50 1 Residential Tenancies Act 1986, section 61(3)(b). 2 Residential Tenancies Act 1986, section 2.
The landlord submitted invoices for the above amounts.
I deal with each issue in turn below. Cleaning & carpet cleaning
The landlord submitted photographs taken at the end of the tenancy. They show the house was left in a very poor state. There is rubbish and personal belongings throughout the house. The property has clearly not been cleaned and the carpets are dirty and stained.
I find the tenant did not leave the inside of the premise reasonably clean and tidy. It was reasonable for the landlord to have the property and carpet professionally cleaned. The amounts sought are reasonable in relation to the state the property was left.
The landlord’s claim for compensation for cleaning and carpet cleaning is granted for the following amounts: a. Cleaning:$803.85 b. Carpet cleaning:$402.50 Lawn mowing
The landlord submitted photographs taken at the end of the tenancy, which show the lawn is overgrown and full of weeds. On the basis of these photographs, I find the tenant did not leave the outside of the premises reasonably clean and tidy.
The landlord’s claim for lawnmowing is granted for $172.50. Key/lock replacement
The landlord gave evidence that the tenant did not return the keys to the property and they have had all of the locks and keys replaced. The landlord gave evidence that there are multiple entry doors to the property, which is why the cost was quite high.
I accept the landlord’s evidence and grant their claim for compensation for key and lock replacement for $862.50.

DAMAGE

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.
The landlord gave evidence that the tenant was responsible for two holes in the walls in two bedrooms.
The landlord submitted photographs taken during a routine inspection on 13 September 2024 and at the end of the tenancy. No holes are apparent in any of the bedroom walls in the routine inspection. In contrast, two holes are apparent in the photographs taken at the end of the tenancy.
Based upon a comparison of the photographs submitted by the landlord and evidence given at the hearing, I find that the following damage occurred during the tenancy: a. Two holes in the bedroom walls
The damage is more than fair wear and tear and the tenant has not disproved liability.
The landlord submitted an invoice for $172.50 for the repairs. Their claim for compensation is granted for this amount.
All of the amounts ordered above 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.

FILING FEE

Because Max Rentals Nz Limited As Agent For Eon Investments Ltd has wholly succeeded with the claim I must reimburse the filing fee.

Tenancy Tribunal case 5145988 — Rent arrears at 2 Scotts Road, Papakura, Papakura 2110

At a glance

Tenancy Tribunal case 5145988 — Rent arrears at 2 Scotts Road, Papakura, Papakura 2110

At a glance

Award balance

Claims & awards

Order

Reasons

RENT ARREARS

TENANCY?

DAMAGE

FILING FEE

Topics & place

Residential Tenancies Act sections

Key findings

Property management

Frequently asked questions

Award balance

Claims & awards

Order

Reasons

RENT ARREARS

TENANCY?

DAMAGE

FILING FEE

Topics & place

Residential Tenancies Act sections

Key findings

Property management

Frequently asked questions