What was the outcome of Tenancy Tribunal case 5159951?

The tribunal order states: Gregory Sammut must pay No.8 Property Management Limited As Agent For

How much money was awarded in case 5159951?

Cleaning: $253.00 awarded to landlord; Filing Fee: $27.00 awarded to landlord; Rent Arrears: $1,895.71 awarded to landlord; Walls - By Consent: $568.72 awarded to landlord

What type of tenancy dispute was case 5159951?

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

Where can I read the official tribunal order for case 5159951?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/11786245-Tenancy_Tribunal_Order.pdf.

What was the outcome of Tenancy Tribunal case 5159951?

The tribunal order states: Gregory Sammut must pay No.8 Property Management Limited As Agent For

How much money was awarded in case 5159951?

Cleaning: $253.00 awarded to landlord; Filing Fee: $27.00 awarded to landlord; Rent Arrears: $1,895.71 awarded to landlord; Walls - By Consent: $568.72 awarded to landlord

What type of tenancy dispute was case 5159951?

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

Where can I read the official tribunal order for case 5159951?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/11786245-Tenancy_Tribunal_Order.pdf.

8C Opapa Street, Titahi Bay, Porirua 5022 Tenancy Tribunal Case 5159951 — Rent arrears

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8C Opapa Street, Titahi Bay, Porirua 5022 Tenancy Tribunal Case 5159951 — 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 5159951 — net $2,744.43 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears to 18/12/24	$1,895.71	Rent arrears to 18/12/24
Carpet Cleaning: - by consent	$253.00	Carpet Cleaning: - by consent
Repairs: walls - by consent	$568.72	Repairs: walls - by consent
Filing fee reimbursement: by consent	$27.00	by consent
Net award	$2,744.43
Total payable by Tenant to Landlord	$2,744.43

Claims and awards for application 5159951 — net $2,744.43 NZD. Verify on MoJ.

Rent arrears to 18/12/24

Amount: $1,895.71
Awarded to: Landlord
Reason: Rent arrears to 18/12/24

Carpet Cleaning: - by consent

Amount: $253.00
Awarded to: Landlord
Reason: Carpet Cleaning: - by consent

Repairs: walls - by consent

Amount: $568.72
Awarded to: Landlord
Reason: Repairs: walls - by consent

Filing fee reimbursement: by consent

Amount: $27.00
Awarded to: Landlord
Reason: by consent

Net award

Landlord $2,744.43

Total payable by Tenant to Landlord

Landlord $2,744.43

Claim types — money lines allowed on this order

Carpet Cleaning Filing Fee Rent arrears Property damage

Order

Gregory Sammut must pay No.8 Property Management Limited As Agent For Nikau Family Trust - John Havler As Trustee $2,744.43 immediately, calculated as shown in table below.
The balance of the claim is dismissed.

Reasons

Both parties attended the phone hearing.
The landlord has applied for rent arrears, compensation and reimbursement of the filing fee following the end of the tenancy.

How much is owed for rent?

The tenancy ended on 18/12/24. 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. 1
The tenant did not leave the premises reasonably clean and tidy. The carpet required cleaning. The carpet cleaning cost is ordered by consent.

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. 2
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). 3
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). 4 Where insurance money is irrecoverable because of the tenant's conduct, the property is treated as if it is not insured against the damage. 5
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. 6 .
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. 7
The following damage was caused during the tenancy: The landlord said the walls were damaged. The tenant agreed and consented to the amount claimed. 1 See section 40(1)(e)(ii)-(v) Residential Tenancies Act 1986. 2 See sections 40(2)(a), 41 and 49B RTA. 3 See section 49B(3)(a) RTA. 4 See section 49B(3)(b) RTA. 5 See section 49B(3A)(a) RTA. 6 See section 49B(1) RTA 7 See Guo v Korck [2019] NZHC 1541. The damage is more than fair wear and tear, and the tenant has not disproved liability for the damage.
The amounts ordered are proved.
The landlord also claimed compensation for the sewage pump chamber being cleared. The tenant disputed liability. I have declined to award this cost as there is insufficient evidence that the tenant is responsible for the vape cannisters that were found in the pump chamber or that the tenant was given information about the purpose of the pump alarm. Filing fee and suppression
Because the landlord has substantially succeeded with the claim, I have reimbursed the filing fee. Neither party sought name suppression.

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 5159951 — net $2,744.43 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears to 18/12/24	$1,895.71	Rent arrears to 18/12/24
Carpet Cleaning: - by consent	$253.00	Carpet Cleaning: - by consent
Repairs: walls - by consent	$568.72	Repairs: walls - by consent
Filing fee reimbursement: by consent	$27.00	by consent
Net award	$2,744.43
Total payable by Tenant to Landlord	$2,744.43

Claims and awards for application 5159951 — net $2,744.43 NZD. Verify on MoJ.

Rent arrears to 18/12/24

Amount: $1,895.71
Awarded to: Landlord
Reason: Rent arrears to 18/12/24

Carpet Cleaning: - by consent

Amount: $253.00
Awarded to: Landlord
Reason: Carpet Cleaning: - by consent

Repairs: walls - by consent

Amount: $568.72
Awarded to: Landlord
Reason: Repairs: walls - by consent

Filing fee reimbursement: by consent

Amount: $27.00
Awarded to: Landlord
Reason: by consent

Net award

Landlord $2,744.43

Total payable by Tenant to Landlord

Landlord $2,744.43

Claim types — money lines allowed on this order

Carpet Cleaning Filing Fee Rent arrears Property damage

Order

Gregory Sammut must pay No.8 Property Management Limited As Agent For Nikau Family Trust - John Havler As Trustee $2,744.43 immediately, calculated as shown in table below.
The balance of the claim is dismissed.

Reasons

Both parties attended the phone hearing.
The landlord has applied for rent arrears, compensation and reimbursement of the filing fee following the end of the tenancy.

How much is owed for rent?

The tenancy ended on 18/12/24. 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. 1
The tenant did not leave the premises reasonably clean and tidy. The carpet required cleaning. The carpet cleaning cost is ordered by consent.

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. 2
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). 3
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). 4 Where insurance money is irrecoverable because of the tenant's conduct, the property is treated as if it is not insured against the damage. 5
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. 6 .
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. 7
The following damage was caused during the tenancy: The landlord said the walls were damaged. The tenant agreed and consented to the amount claimed. 1 See section 40(1)(e)(ii)-(v) Residential Tenancies Act 1986. 2 See sections 40(2)(a), 41 and 49B RTA. 3 See section 49B(3)(a) RTA. 4 See section 49B(3)(b) RTA. 5 See section 49B(3A)(a) RTA. 6 See section 49B(1) RTA 7 See Guo v Korck [2019] NZHC 1541. The damage is more than fair wear and tear, and the tenant has not disproved liability for the damage.
The amounts ordered are proved.
The landlord also claimed compensation for the sewage pump chamber being cleared. The tenant disputed liability. I have declined to award this cost as there is insufficient evidence that the tenant is responsible for the vape cannisters that were found in the pump chamber or that the tenant was given information about the purpose of the pump alarm. Filing fee and suppression
Because the landlord has substantially succeeded with the claim, I have reimbursed the filing fee. Neither party sought name suppression.

Tenancy Tribunal case 5159951 — Rent arrears at 8C Opapa Street, Titahi Bay, Porirua 5022

At a glance

Tenancy Tribunal case 5159951 — Rent arrears at 8C Opapa Street, Titahi Bay, Porirua 5022

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

Property management

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

Property management

Frequently asked questions