What was the outcome of Tenancy Tribunal case 5308729?

The tribunal order states: DIEUDONNE MPAWENAYO, Emosi Tamaka Naqama, Bosco Nizeyimana and

How much money was awarded in case 5308729?

Filing Fee: $28.00 awarded to landlord; Lawns and Garden Work: $100.00 awarded to landlord; Lightbulbs: $12.00 awarded to landlord; Rent Arrears: $3,088.57 awarded to landlord; Water Rates: $30.40 awarded to landlord

What type of tenancy dispute was case 5308729?

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

Where can I read the official tribunal order for case 5308729?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/13224807-Tribunal_Order.pdf.

What was the outcome of Tenancy Tribunal case 5308729?

The tribunal order states: DIEUDONNE MPAWENAYO, Emosi Tamaka Naqama, Bosco Nizeyimana and

How much money was awarded in case 5308729?

Filing Fee: $28.00 awarded to landlord; Lawns and Garden Work: $100.00 awarded to landlord; Lightbulbs: $12.00 awarded to landlord; Rent Arrears: $3,088.57 awarded to landlord; Water Rates: $30.40 awarded to landlord

What type of tenancy dispute was case 5308729?

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

Where can I read the official tribunal order for case 5308729?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/13224807-Tribunal_Order.pdf.

125 Porritt Avenue, Chatswood, Auckland 0626 Tenancy Tribunal Case 5308729 — Rent arrears

Order

Claims and awards in Tenancy Tribunal application 5308729 — net $3,258.97 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears to end of tenancy	$3,088.57	Rent arrears to end of tenancy
Water rates	$30.40	Water rates
Lawns and Garden work	$100.00	Lawns and Garden work
Filing fee reimbursement	$28.00	Filing fee reimbursement
Light bulbs/batteries	$12.00	Light bulbs/batteries
Net award	$3,258.97
Bond	$3,680.00
Total payable by Tenant to Landlord	$3,258.97

DIEUDONNE MPAWENAYO, Emosi Tamaka Naqama, Bosco Nizeyimana and Ledua Toni Baleicicia to pay Auckland Property Management Solutions Limited As Agent For Di Bian $3,258.97 from the bond, calculated as shown in table below.

The Bond Centre is to pay the bond of $3,680.00 (3569494-009) immediately apportioned as follows: Auckland Property Management Solutions Limited As Agent For Di Bian: $3,258.97 DIEUDONNE MPAWENAYO, Emosi Tamaka Naqama, Bosco Nizeyimana and Ledua Toni Baleicicia: $421.03

Reasons

The hearing was attended by the tenants Dieudonne Mpawenayo, Nizeyimana Bosco and Emosi Naqama. Mr Naqama had the assistance of Mr Turaga, an interpreter. Ledua Baleicicia did not answer the calls made to his number at the scheduled time. The landlord Fan Yang attended. The hearing was conducted by teleconference.

The landlord made the following claims: a. Rent arrears, $3,088.57 b. Water rates, $30.40 c. Lawns and green waste removal, $460.00 d. Pest control, $265.00 e. Small repairs and rubbish removal, $202.00

The landlord is seeking reimbursement of the filing fee.

The parties agree the tenancy began on 29.12.2023 and ended on 21.05.2025.

How much is owed for rent and water rates?

The landlord provided rent records and water rates invoices which prove the amount owing at the end of the tenancy was $3,088.57 for rent arrears and $30.40 for water rates invoices.

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. The tenant must also replace standard light bulbs.

The landlord said the lawns were not left in a reasonably tidy state. The landlord provided photographs which show the lawns have been maintained, but are in need of a cut.

The tenants said they last mowed the lawns on 12 May 2025, nine days before the tenancy ended. The landlord did not dispute this.

Given the state of the lawns in the photographs provided I cannot see that $460.00 can be justified in order to get the lawns to a reasonably tidy state. The landlord is entitled to spend what he wants and mow the lawns as short as he pleases, but the tenants can only be charged for what it takes to return the lawns to a reasonably tidy state. I have made a lesser award based on what I consider to be a reasonable amount to achieve this.

The landlord is claiming $265.00 for pest control. The landlord said that at the end of the tenancy he found three or four live cockroaches. In my view this does not amount to an infestation of cockroaches. The tenants are required to return the premises in a reasonably clean and tidy state and the landlord has not claimed that this has not been done.

I consider that vermin control in this case amounts to maintenance of the property and as such is a responsibility that falls to the landlord.

This claim is not proved.

The landlord is claiming $202.00 for rubbish removal and small repairs. The landlord says there were buckets and Christmas decorations found in one of the cupboards.

The tenants said that the buckets and Christmas decorations were present at the start of the tenancy.

In response the landlord said that because the tenancy had been assigned to these tenants, they assumed responsibility of these items.

The tenancy agreement makes no mention of the tenancy being assigned. When questioned about this the landlord conceded that the tenancy was a new tenancy for these tenants.

The tenants are not responsible for disposing of items that had been left behind by previous tenants.

The tenants are responsible for replacing the blown light bulbs.

This claim is partially proved.

Because Auckland Property Management Solutions Limited As Agent For Di Bian has substantially succeeded with the claim I have reimbursed the filing fee.

Claims and awards in Tenancy Tribunal application 5308729 — net $3,258.97 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears to end of tenancy	$3,088.57	Rent arrears to end of tenancy
Water rates	$30.40	Water rates
Lawns and Garden work	$100.00	Lawns and Garden work
Filing fee reimbursement	$28.00	Filing fee reimbursement
Light bulbs/batteries	$12.00	Light bulbs/batteries
Net award	$3,258.97
Bond	$3,680.00
Total payable by Tenant to Landlord	$3,258.97

Order

DIEUDONNE MPAWENAYO, Emosi Tamaka Naqama, Bosco Nizeyimana and Ledua Toni Baleicicia to pay Auckland Property Management Solutions Limited As Agent For Di Bian $3,258.97 from the bond, calculated as shown in table below.
The Bond Centre is to pay the bond of $3,680.00 (3569494-009) immediately apportioned as follows: Auckland Property Management Solutions Limited As Agent For Di Bian: $3,258.97 DIEUDONNE MPAWENAYO, Emosi Tamaka Naqama, Bosco Nizeyimana and Ledua Toni Baleicicia: $421.03

Reasons

The hearing was attended by the tenants Dieudonne Mpawenayo, Nizeyimana Bosco and Emosi Naqama. Mr Naqama had the assistance of Mr Turaga, an interpreter. Ledua Baleicicia did not answer the calls made to his number at the scheduled time. The landlord Fan Yang attended. The hearing was conducted by teleconference.
The landlord made the following claims: a. Rent arrears, $3,088.57 b. Water rates, $30.40 c. Lawns and green waste removal, $460.00 d. Pest control, $265.00 e. Small repairs and rubbish removal, $202.00
The landlord is seeking reimbursement of the filing fee.
The parties agree the tenancy began on 29.12.2023 and ended on 21.05.2025.

How much is owed for rent and water rates?

The landlord provided rent records and water rates invoices which prove the amount owing at the end of the tenancy was $3,088.57 for rent arrears and $30.40 for water rates invoices.

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. The tenant must also replace standard light bulbs.
The landlord said the lawns were not left in a reasonably tidy state. The landlord provided photographs which show the lawns have been maintained, but are in need of a cut.
The tenants said they last mowed the lawns on 12 May 2025, nine days before the tenancy ended. The landlord did not dispute this.
Given the state of the lawns in the photographs provided I cannot see that $460.00 can be justified in order to get the lawns to a reasonably tidy state. The landlord is entitled to spend what he wants and mow the lawns as short as he pleases, but the tenants can only be charged for what it takes to return the lawns to a reasonably tidy state. I have made a lesser award based on what I consider to be a reasonable amount to achieve this.
The landlord is claiming $265.00 for pest control. The landlord said that at the end of the tenancy he found three or four live cockroaches. In my view this does not amount to an infestation of cockroaches. The tenants are required to return the premises in a reasonably clean and tidy state and the landlord has not claimed that this has not been done.
I consider that vermin control in this case amounts to maintenance of the property and as such is a responsibility that falls to the landlord.
This claim is not proved.
The landlord is claiming $202.00 for rubbish removal and small repairs. The landlord says there were buckets and Christmas decorations found in one of the cupboards.
The tenants said that the buckets and Christmas decorations were present at the start of the tenancy.
In response the landlord said that because the tenancy had been assigned to these tenants, they assumed responsibility of these items.
The tenancy agreement makes no mention of the tenancy being assigned. When questioned about this the landlord conceded that the tenancy was a new tenancy for these tenants.
The tenants are not responsible for disposing of items that had been left behind by previous tenants.
The tenants are responsible for replacing the blown light bulbs.
This claim is partially proved.
Because Auckland Property Management Solutions Limited As Agent For Di Bian has substantially succeeded with the claim I have reimbursed the filing fee.

Tenancy Tribunal case 5308729 — Rent arrears at 125 Porritt Avenue, Chatswood, Auckland 0626

At a glance

Tenancy Tribunal case 5308729 — Rent arrears at 125 Porritt Avenue, Chatswood, Auckland 0626

At a glance

Award balance

Claims & awards

Order

Reasons

How much is owed for rent and water rates?

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 and water rates?

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