What was the outcome of Tenancy Tribunal case 5219611?

The tribunal order states: Eseta Umu must pay Rachael Leigh Bailey and Douglas Antony Bailey as

How much money was awarded in case 5219611?

Cleaning: $280.00 awarded to landlord; Cleaning: $259.00 awarded to landlord; Filing Fee: $27.00 awarded to landlord; Lawns and Garden Work: $75.00 awarded to landlord; Rent Arrears: $1,370.00 awarded to landlord

What type of tenancy dispute was case 5219611?

The primary dispute was Rent arrears. Related themes: Cleanliness.

Where can I read the official tribunal order for case 5219611?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/11969694-Tenancy_Tribunal_Order.pdf.

What was the outcome of Tenancy Tribunal case 5219611?

The tribunal order states: Eseta Umu must pay Rachael Leigh Bailey and Douglas Antony Bailey as

How much money was awarded in case 5219611?

Cleaning: $280.00 awarded to landlord; Cleaning: $259.00 awarded to landlord; Filing Fee: $27.00 awarded to landlord; Lawns and Garden Work: $75.00 awarded to landlord; Rent Arrears: $1,370.00 awarded to landlord

What type of tenancy dispute was case 5219611?

The primary dispute was Rent arrears. Related themes: Cleanliness.

Where can I read the official tribunal order for case 5219611?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/11969694-Tenancy_Tribunal_Order.pdf.

29 Darwin Crescent, Maraenui, Napier 4110 Tenancy Tribunal Case 5219611 — Rent arrears

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29 Darwin Crescent, Maraenui, Napier 4110 Tenancy Tribunal Case 5219611 — 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 5219611 — net $2,011.00 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears	$1,370.00	Rent arrears
Carpet cleaning	$280.00	Carpet cleaning
Cleaning	$259.00	Cleaning
Lawns and Garden work	$75.00	Lawns and Garden work
Filing fee reimbursement	$27.00	Filing fee reimbursement
Net award	$2,011.00
Total payable by Tenant to Landlord	$2,011.00

Claims and awards for application 5219611 — net $2,011.00 NZD. Verify on MoJ.

Rent arrears

Amount: $1,370.00
Awarded to: Landlord
Reason: Rent arrears

Carpet cleaning

Amount: $280.00
Awarded to: Landlord
Reason: Carpet cleaning

Cleaning

Amount: $259.00
Awarded to: Landlord
Reason: Cleaning

Lawns and Garden work

Amount: $75.00
Awarded to: Landlord
Reason: Lawns and Garden work

Filing fee reimbursement

Amount: $27.00
Awarded to: Landlord
Reason: Filing fee reimbursement

Claim types — money lines allowed on this order

Carpet Cleaning Cleanliness Filing Fee Lawns And Garden Work Rent arrears

Order

Eseta Umu must pay Rachael Leigh Bailey and Douglas Antony Bailey as Trustees for The White Rock Trust $2,011.00 immediately, calculated as shown in the table below.

Reasons

The landlord attended the hearing. The tenant did not attend and was unable to be reached by phone.
The application names the tenant and Litea Ofa as the respondent tenants.
The agreement is signed by Ms Umu as the sole tenant.
The landlord says that the order should be made against Ms Ofa as well because: a. Ms Umu’s English is not good and on several occasions, Ms Ofa contacted the property manager representing herself as Ms Umu; b. Ms Ofa needed proof of residence and the landlord agreed to a new agreement being prepared which again names Ms Umu as the tenant but identifies Ms Ofa as a permitted resident; c. Ms Ofa has had WINZ support to pay rent to the landlord.’
Section 13 RTA provides that, “.....no tenancy agreement, or variation or renewal of a tenancy agreement, shall be unenforceable on the grounds that it is not in writing.”
Accordingly, if the evidence shows a clear agreement between the landlord and Ms Ofa, that Ms Ofa would take on the tenancy responsibilities jointly with Ms Umu, then that agreement could be enforced against Ms Ofa even if not recorded in a written variation.
In my view, the circumstances noted in paragraph 4 no go so far as to constitute a clear agreement to that effect.

How much is owed for rent?

During an inspection of the premises the landlord discovered the tenant had vacated without giving notice. The tenant was contacted and arrangements made for return of the keys on 16 March 2025. That is the date to which the tenant is responsible for paying rent. The amount of rent owing at that date is proved by the landlord’s rent records.
The tenant has continued to make payments towards the arrears since then and has agreed to the bond being paid to the landlord, which has been used to reduce the arrears owed. The sum awarded accounts for the bond and for payments made by the tenant up to a payment of $400.00 made on 28 May 2025.

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 property manager’s evidence and the photos provided satisfy me that the carpets at the premises we affected by a dog having lived and the premises and needed commercial cleaning.
The premises needed more cleaning and the lawns needed mowing to be brought to the reasonably clean and tidy condition the tenant was required to leave thm in.
The landlord should be compensated for those costs which are proved by the invoices provided.
Because Rachael Leigh Bailey and Douglas Antony Bailey as Trustees For The White Rock Trust have 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 5219611 — net $2,011.00 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears	$1,370.00	Rent arrears
Carpet cleaning	$280.00	Carpet cleaning
Cleaning	$259.00	Cleaning
Lawns and Garden work	$75.00	Lawns and Garden work
Filing fee reimbursement	$27.00	Filing fee reimbursement
Net award	$2,011.00
Total payable by Tenant to Landlord	$2,011.00

Claims and awards for application 5219611 — net $2,011.00 NZD. Verify on MoJ.

Rent arrears

Amount: $1,370.00
Awarded to: Landlord
Reason: Rent arrears

Carpet cleaning

Amount: $280.00
Awarded to: Landlord
Reason: Carpet cleaning

Cleaning

Amount: $259.00
Awarded to: Landlord
Reason: Cleaning

Lawns and Garden work

Amount: $75.00
Awarded to: Landlord
Reason: Lawns and Garden work

Filing fee reimbursement

Amount: $27.00
Awarded to: Landlord
Reason: Filing fee reimbursement

Claim types — money lines allowed on this order

Carpet Cleaning Cleanliness Filing Fee Lawns And Garden Work Rent arrears

Order

Eseta Umu must pay Rachael Leigh Bailey and Douglas Antony Bailey as Trustees for The White Rock Trust $2,011.00 immediately, calculated as shown in the table below.

Reasons

The landlord attended the hearing. The tenant did not attend and was unable to be reached by phone.
The application names the tenant and Litea Ofa as the respondent tenants.
The agreement is signed by Ms Umu as the sole tenant.
The landlord says that the order should be made against Ms Ofa as well because: a. Ms Umu’s English is not good and on several occasions, Ms Ofa contacted the property manager representing herself as Ms Umu; b. Ms Ofa needed proof of residence and the landlord agreed to a new agreement being prepared which again names Ms Umu as the tenant but identifies Ms Ofa as a permitted resident; c. Ms Ofa has had WINZ support to pay rent to the landlord.’
Section 13 RTA provides that, “.....no tenancy agreement, or variation or renewal of a tenancy agreement, shall be unenforceable on the grounds that it is not in writing.”
Accordingly, if the evidence shows a clear agreement between the landlord and Ms Ofa, that Ms Ofa would take on the tenancy responsibilities jointly with Ms Umu, then that agreement could be enforced against Ms Ofa even if not recorded in a written variation.
In my view, the circumstances noted in paragraph 4 no go so far as to constitute a clear agreement to that effect.

How much is owed for rent?

During an inspection of the premises the landlord discovered the tenant had vacated without giving notice. The tenant was contacted and arrangements made for return of the keys on 16 March 2025. That is the date to which the tenant is responsible for paying rent. The amount of rent owing at that date is proved by the landlord’s rent records.
The tenant has continued to make payments towards the arrears since then and has agreed to the bond being paid to the landlord, which has been used to reduce the arrears owed. The sum awarded accounts for the bond and for payments made by the tenant up to a payment of $400.00 made on 28 May 2025.

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 property manager’s evidence and the photos provided satisfy me that the carpets at the premises we affected by a dog having lived and the premises and needed commercial cleaning.
The premises needed more cleaning and the lawns needed mowing to be brought to the reasonably clean and tidy condition the tenant was required to leave thm in.
The landlord should be compensated for those costs which are proved by the invoices provided.
Because Rachael Leigh Bailey and Douglas Antony Bailey as Trustees For The White Rock Trust have succeeded with the claim I must reimburse the filing fee.

Tenancy Tribunal case 5219611 — Rent arrears at 29 Darwin Crescent, Maraenui, Napier 4110

At a glance

Tenancy Tribunal case 5219611 — Rent arrears at 29 Darwin Crescent, Maraenui, Napier 4110

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?

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?

Topics & place

Residential Tenancies Act sections

Key findings

Property management

Frequently asked questions