What was the outcome of Tenancy Tribunal case 5198451?

The tribunal order states: Alana Juliana Atapana Misa and Ene Atapana Misa must pay Kāinga Ora–

How much money was awarded in case 5198451?

Cleaning: $600.00 awarded to landlord; Rent Arrears: $1,380.58 awarded to landlord; Two Holes In Bedroom Walls: $86.68 awarded to landlord; Rubbish Removal: $1,312.96 awarded to landlord; Rubbish Removal: $500.00 awarded to landlord

What type of tenancy dispute was case 5198451?

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

Where can I read the official tribunal order for case 5198451?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/12039788-Tenancy_Tribunal_Order.pdf.

What was the outcome of Tenancy Tribunal case 5198451?

The tribunal order states: Alana Juliana Atapana Misa and Ene Atapana Misa must pay Kāinga Ora–

How much money was awarded in case 5198451?

Cleaning: $600.00 awarded to landlord; Rent Arrears: $1,380.58 awarded to landlord; Two Holes In Bedroom Walls: $86.68 awarded to landlord; Rubbish Removal: $1,312.96 awarded to landlord; Rubbish Removal: $500.00 awarded to landlord

What type of tenancy dispute was case 5198451?

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

Where can I read the official tribunal order for case 5198451?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/12039788-Tenancy_Tribunal_Order.pdf.

71 Gilbert Road, Otara, Auckland 2023 Tenancy Tribunal Case 5198451 — Rent arrears

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71 Gilbert Road, Otara, Auckland 2023 Tenancy Tribunal Case 5198451 — 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 5198451 — net $3,880.22 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears to 3 February 2025	$1,380.58	Rent arrears to 3 February 2025
Cleaning: including stove cleaning	$600.00	Cleaning: including stove cleaning
Repairs: two holes in bedroom walls	$86.68	Repairs: two holes in bedroom walls
Rubbish removal: exterior, including demolishing the large structure	$1,312.96	Rubbish removal: exterior, including demolishing the large structure
Rubbish removal: interior	$500.00	Rubbish removal: interior
Net award	$3,880.22
Total payable by Tenant to Landlord	$3,880.22

Claims and awards for application 5198451 — net $3,880.22 NZD. Verify on MoJ.

Rent arrears to 3 February 2025

Amount: $1,380.58
Awarded to: Landlord
Reason: Rent arrears to 3 February 2025

Cleaning: including stove cleaning

Amount: $600.00
Awarded to: Landlord
Reason: Cleaning: including stove cleaning

Repairs: two holes in bedroom walls

Amount: $86.68
Awarded to: Landlord
Reason: Repairs: two holes in bedroom walls

Rubbish removal: exterior, including demolishing the large structure

Amount: $1,312.96
Awarded to: Landlord
Reason: Rubbish removal: exterior, including demolishing the large structure

Rubbish removal: interior

Amount: $500.00
Awarded to: Landlord

Dismissed claims

Other Claims — All other claims dismissed

Claim types — money lines allowed on this order

Cleanliness Rent arrears Property damage Rubbish Removal

Order

Alana Juliana Atapana Misa and Ene Atapana Misa must pay Kāinga Ora– Homes And Communities $3,880.22 immediately, calculated as shown in table below.
All other claims are dismissed.

Reasons

The landlord attended the hearing. The tenants did not answer the calls to their phones.
The landlord has applied for rent arrears and compensation following the end of the tenancy. The claim for outstanding costs during the tenancy was not proved and it was dismissed.

How much is owed for rent?

The tenancy ended on 3 February 2025. 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?

Tenants must return the premises in a reasonably clean and tidy state and remove their rubbish at the end of the tenancy. See section 40(1)(c) and (e)(iii) Residential Tenancies Act (RTA).
The RTA does not require the premises to be provided or returned in a spotless or an immaculate condition. The standard is based on what an average bystander would consider reasonable, not on the subjective opinions of the landlord and tenant. There is no scientific way to determine what is reasonably clean and tidy, and the Tribunal must evaluate the evidence available, and in particular inspection reports and photographs.
This is the landlord’s claim to prove. I have considered the photos taken at the end of the tenancy. I find $600 is a reasonable amount for cleaning, and that includes the stove cleaning. I find $1,312.96 is reasonable for removing the rubbish left outside and in the shed, and for demolishing the large structure erected by the tenants. I find $500 is a reasonable amount for removing the indoor rubbish, including removing all the stickers from the walls and cupboards.

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. See sections 40(2)(a), 41 and 49B RTA.
One of the bedrooms had two small holes in the walls at the end of the tenancy. The landlord has proved the damage was caused during the tenancy. I find the damage is more than fair wear and tear, and the tenant has not disproved liability for the damage. The amounts ordered are proved.

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 5198451 — net $3,880.22 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears to 3 February 2025	$1,380.58	Rent arrears to 3 February 2025
Cleaning: including stove cleaning	$600.00	Cleaning: including stove cleaning
Repairs: two holes in bedroom walls	$86.68	Repairs: two holes in bedroom walls
Rubbish removal: exterior, including demolishing the large structure	$1,312.96	Rubbish removal: exterior, including demolishing the large structure
Rubbish removal: interior	$500.00	Rubbish removal: interior
Net award	$3,880.22
Total payable by Tenant to Landlord	$3,880.22

Claims and awards for application 5198451 — net $3,880.22 NZD. Verify on MoJ.

Rent arrears to 3 February 2025

Amount: $1,380.58
Awarded to: Landlord
Reason: Rent arrears to 3 February 2025

Cleaning: including stove cleaning

Amount: $600.00
Awarded to: Landlord
Reason: Cleaning: including stove cleaning

Repairs: two holes in bedroom walls

Amount: $86.68
Awarded to: Landlord
Reason: Repairs: two holes in bedroom walls

Rubbish removal: exterior, including demolishing the large structure

Amount: $1,312.96
Awarded to: Landlord
Reason: Rubbish removal: exterior, including demolishing the large structure

Rubbish removal: interior

Amount: $500.00
Awarded to: Landlord

Dismissed claims

Other Claims — All other claims dismissed

Claim types — money lines allowed on this order

Cleanliness Rent arrears Property damage Rubbish Removal

Order

Alana Juliana Atapana Misa and Ene Atapana Misa must pay Kāinga Ora– Homes And Communities $3,880.22 immediately, calculated as shown in table below.
All other claims are dismissed.

Reasons

The landlord attended the hearing. The tenants did not answer the calls to their phones.
The landlord has applied for rent arrears and compensation following the end of the tenancy. The claim for outstanding costs during the tenancy was not proved and it was dismissed.

How much is owed for rent?

The tenancy ended on 3 February 2025. 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?

Tenants must return the premises in a reasonably clean and tidy state and remove their rubbish at the end of the tenancy. See section 40(1)(c) and (e)(iii) Residential Tenancies Act (RTA).
The RTA does not require the premises to be provided or returned in a spotless or an immaculate condition. The standard is based on what an average bystander would consider reasonable, not on the subjective opinions of the landlord and tenant. There is no scientific way to determine what is reasonably clean and tidy, and the Tribunal must evaluate the evidence available, and in particular inspection reports and photographs.
This is the landlord’s claim to prove. I have considered the photos taken at the end of the tenancy. I find $600 is a reasonable amount for cleaning, and that includes the stove cleaning. I find $1,312.96 is reasonable for removing the rubbish left outside and in the shed, and for demolishing the large structure erected by the tenants. I find $500 is a reasonable amount for removing the indoor rubbish, including removing all the stickers from the walls and cupboards.

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. See sections 40(2)(a), 41 and 49B RTA.
One of the bedrooms had two small holes in the walls at the end of the tenancy. The landlord has proved the damage was caused during the tenancy. I find the damage is more than fair wear and tear, and the tenant has not disproved liability for the damage. The amounts ordered are proved.

Tenancy Tribunal case 5198451 — Rent arrears at 71 Gilbert Road, Otara, Auckland 2023

At a glance

Tenancy Tribunal case 5198451 — Rent arrears at 71 Gilbert Road, Otara, Auckland 2023

At a glance

Award balance

Claims & awards

Dismissed claims

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

Dismissed claims

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