What was the outcome of Tenancy Tribunal case 5231515?

The tribunal order states: Daniel Jonathon Cherry must pay Harry Ronald Machiela $2,302.90

How much money was awarded in case 5231515?

Cleaning: $220.00 awarded to landlord; Cleaning: $500.00 awarded to landlord; Cleaning: $20.87 awarded to landlord; Cutlery Insert And Wood Filler: $39.07 awarded to landlord; Filing Fee: $27.00 awarded to landlord; Labour Charges: $600.00 awarded to landlord; Landlord Time And Labour: $1,125.00 awarded to landlord; Property Damage: $32.00 awarded to landlord; Property Damage: $345.00 awarded to landlord; Property Damage: $250.00 awarded to landlord; Rent Arrears: $1,200.00 awarded to landlord; Rubbish Removal: $262.60 awarded to landlord; Smoke Alarms: $81.36 awarded to landlord

What type of tenancy dispute was case 5231515?

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

Where can I read the official tribunal order for case 5231515?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/12005830-Tenancy_Tribunal_Order.pdf.

What was the outcome of Tenancy Tribunal case 5231515?

The tribunal order states: Daniel Jonathon Cherry must pay Harry Ronald Machiela $2,302.90

How much money was awarded in case 5231515?

Cleaning: $220.00 awarded to landlord; Cleaning: $500.00 awarded to landlord; Cleaning: $20.87 awarded to landlord; Cutlery Insert And Wood Filler: $39.07 awarded to landlord; Filing Fee: $27.00 awarded to landlord; Labour Charges: $600.00 awarded to landlord; Landlord Time And Labour: $1,125.00 awarded to landlord; Property Damage: $32.00 awarded to landlord; Property Damage: $345.00 awarded to landlord; Property Damage: $250.00 awarded to landlord; Rent Arrears: $1,200.00 awarded to landlord; Rubbish Removal: $262.60 awarded to landlord; Smoke Alarms: $81.36 awarded to landlord

What type of tenancy dispute was case 5231515?

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

Where can I read the official tribunal order for case 5231515?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/12005830-Tenancy_Tribunal_Order.pdf.

12A Bibby Street, Waipawa, Waipawa 4210 Tenancy Tribunal Case 5231515 — Rent arrears

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12A Bibby Street, Waipawa, Waipawa 4210 Tenancy Tribunal Case 5231515 — 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 5231515 — net $2,302.90 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears to 6 April 2025	$1,200.00	Rent arrears to 6 April 2025
Cleaning	$500.00	Cleaning
Carpet Cleaning	$220.00	Carpet Cleaning
Rubbish removal: dump charges	$262.60	Rubbish removal: dump charges
Lock/key replacement: locksmith charges	$345.00	Lock/key replacement: locksmith charges
Labour charges	$600.00	Labour charges
Landlord time and labour	$1,125.00	Landlord time and labour
Cutlery insert and wood filler	$39.07	Cutlery insert and wood filler
Lock/key replacement: additional keys	$32.00	Lock/key replacement: additional keys
Smoke alarms (6	$81.36	Smoke alarms (6
Cleaning materials	$20.87	Cleaning materials
Fence replacement	$250.00	Fence replacement
Filing fee reimbursement	$27.00	Filing fee reimbursement
Net award	$2,302.90
Total payable by Tenant to Landlord	$2,302.90

Claims and awards for application 5231515 — net $2,302.90 NZD. Verify on MoJ.

Rent arrears to 6 April 2025

Amount: $1,200.00
Awarded to: Landlord
Reason: Rent arrears to 6 April 2025

Cleaning

Amount: $500.00
Awarded to: Landlord
Reason: Cleaning

Carpet Cleaning

Amount: $220.00
Awarded to: Landlord
Reason: Carpet Cleaning

Rubbish removal: dump charges

Amount: $262.60
Awarded to: Landlord
Reason: Rubbish removal: dump charges

Lock/key replacement: locksmith charges

Amount: $345.00
Awarded to: Landlord
Reason: Lock/key replacement: locksmith charges

Claim types — money lines allowed on this order

Carpet Cleaning Cleanliness Filing Fee Property damage Rent arrears Rubbish Removal Replace Smoke Alarms

Order

Daniel Jonathon Cherry must pay Harry Ronald Machiela $2,302.90 immediately, calculated as shown in the table below.
The Bond Centre is to pay the bond of $2,400.00 (5471182-001) to Harry Ronald Machiela, immediately.

Reasons

The landlord attended the hearing. The tenant did not attend and was unable to be contacted on the number given in the application.
The landlord has applied for rent arrears, compensation, refund of the bond, and reimbursement of the filing fee following the end of the tenancy.

How much is owed for rent?

The landlord received a notice from the tenant’s WINZ case worker on 28 March 2025, to say that on the tenant’s behalf, he was giving notice of the end of the tenancy, effective 31 March 2025.
A tenant is required to give 21 days’ notice to end a periodic tenancy (s.51(2A) RTA).
The landlord’s rent records show that rent was paid until 23 March 2025. The landlord claims 2 week’s rent in lieu of notice and is entitled to that.

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 tenant is required to replace worn out smoke alarm batteries during the tenancy. See section 40(1)(ca) Residential Tenancies Act 1986.
On inspecting the premises, the landlord found them abandoned with a large dog having been locked inside.
Photographs from the end of the tenancy provided by the landlord show that the tenant did not meet his obligation to leave the premises reasonably clean and tidy. The premises were unclean and damaged. A large quantity of rubbish and tenant’s goods had been left.
The landlord arranged for the premises and carpets to be commercially cleaned. The landlord should be compensated for those costs which are proved by the invoices provided.
The landlord has provided dump receipts showing that a total of 840kg of rubbish needed to be removed. The landlord hired labour to help with that work and himself assisted with clearing and dumping of the rubbish.
The contractor’s labour cost is proved by the invoice provided. The landlord should be compensated for that cost and for the dump fees.
In terms of his obligations under s62A RTA, the landlord left some of the tenant’s abandoned goods with the police. Others, when not collected by the tenant, were assessed as having no value above the cost of storing and selling them and were disposed of. The landlord retained a couple of such items
The tenant did not return the keys and the landlord is entitled to compensation for the locksmith’s charges and for the cost of cutting additional keys to make up the number given to the tenant, as shown by the invoices provided.
The tenant removed all of the 6 smoke alarms at the premises. The landlord should be compensated for the replacement cost as proved by the invoices provided.

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. See sections 40(2)(a), 41 and 49B RTA.
The photographs provided by the landlord show that there was extensive damage to doors, walls and flooring. The boundary fence was broken and unsecure.
The landlord elected not to replace the multiple damaged doors but instead filled and sanded them. The cost of materials is proved.
The landlord claims compensation for his time doing that work and also the work done to assist with cleaning and removal of rubbish. The claim is for 3 days spent working at the premises. Another 2 days was later spent on other work such as washing and rehanging curtains, rehanging wallpaper, painting, replacing light fittings etc which the landlord considers part of the expected work between tenancies and does not claim compensation for.
The extent of the repair work required and the alternative costs that would have bene incurred had all the damaged doors been replaced, persuade me that the landlord has met his obligation to mitigate the loss caused by the tenants breach (see s.49RTA). The claim for his time and labour is reasonable and proved.
The boundary fence was left damaged and unsecure. The landlord has arranged for the whole fence to be replaced at a cost of around $3,000.00. The landlord accepts there is a significant betterment in the fence being replaced but says that the replacement was needed much sooner than would have been necessary if it hadn’t been damaged by the tenant. A contribution to the cost of replacing the fence of $250.00 is claimed. I find that to be fair compensation for the loss to the landlord caused by the tenant’s damage to the fence.
Because Harry Ronald Machiela has 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 5231515 — net $2,302.90 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears to 6 April 2025	$1,200.00	Rent arrears to 6 April 2025
Cleaning	$500.00	Cleaning
Carpet Cleaning	$220.00	Carpet Cleaning
Rubbish removal: dump charges	$262.60	Rubbish removal: dump charges
Lock/key replacement: locksmith charges	$345.00	Lock/key replacement: locksmith charges
Labour charges	$600.00	Labour charges
Landlord time and labour	$1,125.00	Landlord time and labour
Cutlery insert and wood filler	$39.07	Cutlery insert and wood filler
Lock/key replacement: additional keys	$32.00	Lock/key replacement: additional keys
Smoke alarms (6	$81.36	Smoke alarms (6
Cleaning materials	$20.87	Cleaning materials
Fence replacement	$250.00	Fence replacement
Filing fee reimbursement	$27.00	Filing fee reimbursement
Net award	$2,302.90
Total payable by Tenant to Landlord	$2,302.90

Claims and awards for application 5231515 — net $2,302.90 NZD. Verify on MoJ.

Rent arrears to 6 April 2025

Amount: $1,200.00
Awarded to: Landlord
Reason: Rent arrears to 6 April 2025

Cleaning

Amount: $500.00
Awarded to: Landlord
Reason: Cleaning

Carpet Cleaning

Amount: $220.00
Awarded to: Landlord
Reason: Carpet Cleaning

Rubbish removal: dump charges

Amount: $262.60
Awarded to: Landlord
Reason: Rubbish removal: dump charges

Lock/key replacement: locksmith charges

Amount: $345.00
Awarded to: Landlord
Reason: Lock/key replacement: locksmith charges

Claim types — money lines allowed on this order

Carpet Cleaning Cleanliness Filing Fee Property damage Rent arrears Rubbish Removal Replace Smoke Alarms

Order

Daniel Jonathon Cherry must pay Harry Ronald Machiela $2,302.90 immediately, calculated as shown in the table below.
The Bond Centre is to pay the bond of $2,400.00 (5471182-001) to Harry Ronald Machiela, immediately.

Reasons

The landlord attended the hearing. The tenant did not attend and was unable to be contacted on the number given in the application.
The landlord has applied for rent arrears, compensation, refund of the bond, and reimbursement of the filing fee following the end of the tenancy.

How much is owed for rent?

The landlord received a notice from the tenant’s WINZ case worker on 28 March 2025, to say that on the tenant’s behalf, he was giving notice of the end of the tenancy, effective 31 March 2025.
A tenant is required to give 21 days’ notice to end a periodic tenancy (s.51(2A) RTA).
The landlord’s rent records show that rent was paid until 23 March 2025. The landlord claims 2 week’s rent in lieu of notice and is entitled to that.

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 tenant is required to replace worn out smoke alarm batteries during the tenancy. See section 40(1)(ca) Residential Tenancies Act 1986.
On inspecting the premises, the landlord found them abandoned with a large dog having been locked inside.
Photographs from the end of the tenancy provided by the landlord show that the tenant did not meet his obligation to leave the premises reasonably clean and tidy. The premises were unclean and damaged. A large quantity of rubbish and tenant’s goods had been left.
The landlord arranged for the premises and carpets to be commercially cleaned. The landlord should be compensated for those costs which are proved by the invoices provided.
The landlord has provided dump receipts showing that a total of 840kg of rubbish needed to be removed. The landlord hired labour to help with that work and himself assisted with clearing and dumping of the rubbish.
The contractor’s labour cost is proved by the invoice provided. The landlord should be compensated for that cost and for the dump fees.
In terms of his obligations under s62A RTA, the landlord left some of the tenant’s abandoned goods with the police. Others, when not collected by the tenant, were assessed as having no value above the cost of storing and selling them and were disposed of. The landlord retained a couple of such items
The tenant did not return the keys and the landlord is entitled to compensation for the locksmith’s charges and for the cost of cutting additional keys to make up the number given to the tenant, as shown by the invoices provided.
The tenant removed all of the 6 smoke alarms at the premises. The landlord should be compensated for the replacement cost as proved by the invoices provided.

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. See sections 40(2)(a), 41 and 49B RTA.
The photographs provided by the landlord show that there was extensive damage to doors, walls and flooring. The boundary fence was broken and unsecure.
The landlord elected not to replace the multiple damaged doors but instead filled and sanded them. The cost of materials is proved.
The landlord claims compensation for his time doing that work and also the work done to assist with cleaning and removal of rubbish. The claim is for 3 days spent working at the premises. Another 2 days was later spent on other work such as washing and rehanging curtains, rehanging wallpaper, painting, replacing light fittings etc which the landlord considers part of the expected work between tenancies and does not claim compensation for.
The extent of the repair work required and the alternative costs that would have bene incurred had all the damaged doors been replaced, persuade me that the landlord has met his obligation to mitigate the loss caused by the tenants breach (see s.49RTA). The claim for his time and labour is reasonable and proved.
The boundary fence was left damaged and unsecure. The landlord has arranged for the whole fence to be replaced at a cost of around $3,000.00. The landlord accepts there is a significant betterment in the fence being replaced but says that the replacement was needed much sooner than would have been necessary if it hadn’t been damaged by the tenant. A contribution to the cost of replacing the fence of $250.00 is claimed. I find that to be fair compensation for the loss to the landlord caused by the tenant’s damage to the fence.
Because Harry Ronald Machiela has succeeded with the claim I must reimburse the filing fee.

Tenancy Tribunal case 5231515 — Rent arrears at 12A Bibby Street, Waipawa, Waipawa 4210

At a glance

Tenancy Tribunal case 5231515 — Rent arrears at 12A Bibby Street, Waipawa, Waipawa 4210

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

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

Frequently asked questions