What was the outcome of Tenancy Tribunal case 5225631?

The tribunal order states: Mowhia Rosemary moana ruthledge Teremoana and Graziella Teremoana

How much money was awarded in case 5225631?

Cleaning: $1,000.50 awarded to landlord; Drain Unblocking: $336.00 awarded to landlord; Filing Fee: $27.00 awarded to landlord; Property Damage: $1,725.00 awarded to landlord; Rent Arrears: $1,808.57 awarded to landlord; Skip Hire: $454.25 awarded to landlord; Water Rates: $135.98 awarded to landlord

What type of tenancy dispute was case 5225631?

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

Where can I read the official tribunal order for case 5225631?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/12197293-Tenancy_Tribunal_Order.pdf.

What was the outcome of Tenancy Tribunal case 5225631?

The tribunal order states: Mowhia Rosemary moana ruthledge Teremoana and Graziella Teremoana

How much money was awarded in case 5225631?

Cleaning: $1,000.50 awarded to landlord; Drain Unblocking: $336.00 awarded to landlord; Filing Fee: $27.00 awarded to landlord; Property Damage: $1,725.00 awarded to landlord; Rent Arrears: $1,808.57 awarded to landlord; Skip Hire: $454.25 awarded to landlord; Water Rates: $135.98 awarded to landlord

What type of tenancy dispute was case 5225631?

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

Where can I read the official tribunal order for case 5225631?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/12197293-Tenancy_Tribunal_Order.pdf.

119A Rosebank Road, Avondale, Auckland 1026 Tenancy Tribunal Case 5225631 — Rent arrears

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Order

Claims and awards in Tenancy Tribunal application 5225631 — net $2,767.30 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears to 30/04/2025	$1,808.57	Rent arrears to 30/04/2025
Skip Hire	$454.25	Skip Hire
Cleaning	$1,000.50	Cleaning
Repairs	$1,725.00	Repairs
Drain unblocking	$336.00	Drain unblocking
Filing fee reimbursement	$27.00	Filing fee reimbursement
Water rates to 02/05/2025	$135.98	Water rates to 02/05/2025
Net award	$2,767.30
Total payable by Tenant to Landlord	$2,767.30

Mowhia Rosemary moana ruthledge Teremoana and Graziella Teremoana must pay Prestige Rental Management Limited As Agent For Kimberley Nguyen $2,767.30 immediately, calculated as shown in table below.

The Bond Centre is to pay the bond of $2,720.00 (5498348-007) to Prestige Rental Management Limited As Agent For Kimberley Nguyen immediately.

They state that they issued a 90-day notice, which was due to expire on 30 April 2025. On 8 April 2025, they became aware that the property had been abandoned. They explained that the Respondent’s mother saw them inspecting the property and asked for one week to allow her daughters to clean the property. On 16 April 2025, the Applicant returned to the property and found it in the same condition. They then retook possession and began work to return the property to a reasonably clean and tidy state. They report that this work could not be completed until 4 May 2025, and they therefore seek an award of rent arrears amounting to $2,197.14 up to that date. They have provided rent records supporting this claim, and I am satisfied that these records are accurate.

The Applicant is also seeking the following awards for compensation: a) $454.25 for skip bin hire and collection. This is supported by photographs showing a significant amount of rubbish left at the property. b) $1,000.50 for cleaning costs, supported by photos showing the property in an extremely unsanitary condition. I also compared these images to the entry inspection report. c) $2,475.00 for an invoice covering the following: replacement of the oven, replacement of a window, replacement of a sliding door pane, repair of a door, and replacement of several window friction stays, which the Applicant claims the Respondent removed. They also provided a photo showing a broken window leaning against an exterior wall. d) $336.00 for drain unblocking, supported by an invoice including the contractor’s notes that the drain had been clogged by debris and toys left by the occupants of the property. e) $135.98 for water arrears to 2 May 2025. Respondent’s Case:

The Respondent did not attend the hearing. Relevant Legal Considerations:

Pursuant to ss 49A, 49B, 66K(2)(a), and 66L of the Residential Tenancies Act 1986 (RTA), the landlord must prove that the damage occurred during the tenancy and that it exceeded fair wear and tear. Once this is established, the onus shifts to the tenant to prove that the damage was not caused carelessly or intentionally. Tenants are also liable for damage caused by persons lawfully on the premises with their permission.

Under s 49B(3)(a) RTA, where careless damage is covered by insurance, the tenant’s liability is limited to the lesser of the insurance excess or four weeks’ rent.

Under ss 49B(3)(b) and 49B(3A)(a) RTA, where damage is not covered by insurance, or coverage is excluded because of the tenant’s actions, the tenant’s liability is limited to four weeks’ rent.

Any compensation awarded must account for depreciation and avoid betterment. The landlord is entitled only to be restored to the position they would have been in had the tenant complied with their obligations.

Section 45(1)(a) RTA requires the landlord to provide, and the tenant to return, the premises in a reasonably clean and tidy condition, with all rubbish removed.

The applicable standard is “reasonably clean and tidy,” not immaculate. The Tribunal assesses this standard on the evidence provided, taking into account the tenancy duration and the general condition of the premises.

Reasons

While the Applicant has asked me to award rent arrears up to 4 May 2025 on the basis of the time spent returning the property to a clean and tidy condition, I decline to do so. A landlord should expect to spend some time preparing a property between tenancies, and I note that the Applicant had the benefit of retaking possession two weeks prior to the expiry of the 90-day notice on 30 April 2025. I therefore award rent arrears of $1,808.57 up to 30 April 2025.

I am satisfied that the skip bin hire was necessary to dispose of rubbish and belongings abandoned by the Respondent. I award $454.25.

I am satisfied that the property was not returned in a reasonably clean and tidy condition, breaching the Respondent’s obligations. I award $1,000.50.

Regarding the repair invoice of $2,475.00, I make the following deductions: a) Deduction of $500.00 for the oven replacement. I must account for depreciation and avoid betterment. The Applicant estimated the oven cost $500 plus $200 for installation. My own search confirms that similar ovens are available for approximately $500. However, according to the IRD depreciation guide, ovens have a useful life of eight years. The Applicant could not confirm the oven’s age, but from its appearance, it was likely older than that. Accordingly, I make no award for the oven replacement, despite accepting that the Respondent damaged it. b) Deduction of $250.00 for a door repair listed on the invoice, as the applicant provided no evidence of this repair. I therefore award the balance of $1,725.00.

I am satisfied that the $336.00 claimed for drain unblocking is supported by the invoice and contractor’s notes. I award $336.00.

I am satisfied that the $135.98 claimed for water arrears to 2 May 2025 is supported. I award $135.98.

As the Applicant has been substantially successful in their application, I also award the application filing fee of $27.00.

Order

Claims and awards in Tenancy Tribunal application 5225631 — net $2,767.30 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears to 30/04/2025	$1,808.57	Rent arrears to 30/04/2025
Skip Hire	$454.25	Skip Hire
Cleaning	$1,000.50	Cleaning
Repairs	$1,725.00	Repairs
Drain unblocking	$336.00	Drain unblocking
Filing fee reimbursement	$27.00	Filing fee reimbursement
Water rates to 02/05/2025	$135.98	Water rates to 02/05/2025
Net award	$2,767.30
Total payable by Tenant to Landlord	$2,767.30

Mowhia Rosemary moana ruthledge Teremoana and Graziella Teremoana must pay Prestige Rental Management Limited As Agent For Kimberley Nguyen $2,767.30 immediately, calculated as shown in table below.

The Bond Centre is to pay the bond of $2,720.00 (5498348-007) to Prestige Rental Management Limited As Agent For Kimberley Nguyen immediately.

The Respondent did not attend the hearing. Relevant Legal Considerations:

Under s 49B(3)(a) RTA, where careless damage is covered by insurance, the tenant’s liability is limited to the lesser of the insurance excess or four weeks’ rent.

Under ss 49B(3)(b) and 49B(3A)(a) RTA, where damage is not covered by insurance, or coverage is excluded because of the tenant’s actions, the tenant’s liability is limited to four weeks’ rent.

Section 45(1)(a) RTA requires the landlord to provide, and the tenant to return, the premises in a reasonably clean and tidy condition, with all rubbish removed.

Reasons

I am satisfied that the skip bin hire was necessary to dispose of rubbish and belongings abandoned by the Respondent. I award $454.25.

I am satisfied that the property was not returned in a reasonably clean and tidy condition, breaching the Respondent’s obligations. I award $1,000.50.

I am satisfied that the $336.00 claimed for drain unblocking is supported by the invoice and contractor’s notes. I award $336.00.

I am satisfied that the $135.98 claimed for water arrears to 2 May 2025 is supported. I award $135.98.

As the Applicant has been substantially successful in their application, I also award the application filing fee of $27.00.

Tenancy Tribunal case 5225631 — Rent arrears at 119A Rosebank Road, Avondale, Auckland 1026

At a glance

Tenancy Tribunal case 5225631 — Rent arrears at 119A Rosebank Road, Avondale, Auckland 1026

At a glance

Award balance

Claims & awards

Order

Reasons

Topics & place

Residential Tenancies Act sections

Key findings

Property management

Frequently asked questions

Award balance

Claims & awards

Order

Reasons

Topics & place

Residential Tenancies Act sections

Key findings

Property management

Frequently asked questions