What was the outcome of Tenancy Tribunal case 5485211?

The tribunal order states: Allan Peladra must pay Accurate Infrastructure Solutions Limited $1,122.82

How much money was awarded in case 5485211?

Cleaning: $86.25 awarded to landlord; Filing Fee: $28.00 awarded to landlord; Power 1/6th Share: $69.95 awarded to landlord; Rent Arrears: $804.62 awarded to landlord; 1/6th Share: $134.00 awarded to landlord

What type of tenancy dispute was case 5485211?

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

Where can I read the official tribunal order for case 5485211?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/13661704-Tenancy_Tribunal_Order.pdf.

What was the outcome of Tenancy Tribunal case 5485211?

The tribunal order states: Allan Peladra must pay Accurate Infrastructure Solutions Limited $1,122.82

How much money was awarded in case 5485211?

Cleaning: $86.25 awarded to landlord; Filing Fee: $28.00 awarded to landlord; Power 1/6th Share: $69.95 awarded to landlord; Rent Arrears: $804.62 awarded to landlord; 1/6th Share: $134.00 awarded to landlord

What type of tenancy dispute was case 5485211?

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

Where can I read the official tribunal order for case 5485211?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/13661704-Tenancy_Tribunal_Order.pdf.

1011A Duke Street, Mahora, Hastings 4120 Tenancy Tribunal Case 5485211 — Rent arrears

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1011A Duke Street, Mahora, Hastings 4120 Tenancy Tribunal Case 5485211 — 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 5485211 — net $1,122.82 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears 7/6/24	$804.62	Rent arrears 7/6/24
Cleaning: 1/6th share	$86.25	Cleaning: 1/6th share
Power 1/6th share	$69.95	Power 1/6th share
Repairs: 1/6th share	$134.00	Repairs: 1/6th share
Filing fee reimbursement	$28.00	Filing fee reimbursement
Net award	$1,122.82
Total payable by Tenant to Landlord	$1,122.82

Claims and awards for application 5485211 — net $1,122.82 NZD. Verify on MoJ.

Rent arrears 7/6/24

Amount: $804.62
Awarded to: Landlord
Reason: Rent arrears 7/6/24

Cleaning: 1/6th share

Amount: $86.25
Awarded to: Landlord
Reason: Cleaning: 1/6th share

Power 1/6th share

Amount: $69.95
Awarded to: Landlord
Reason: Power 1/6th share

Repairs: 1/6th share

Amount: $134.00
Awarded to: Landlord
Reason: Repairs: 1/6th share

Filing fee reimbursement

Amount: $28.00
Awarded to: Landlord
Reason: Filing fee reimbursement

Claim types — money lines allowed on this order

Cleanliness Filing Fee Rent arrears Property damage

Order

Allan Peladra must pay Accurate Infrastructure Solutions Limited $1,122.82 immediately, calculated as shown in table below.

Reasons

Both parties attended the hearing.
The landlord has applied for rent arrears, compensation, and reimbursement of the filing fee following the end of the tenancy.

How much is owed for rent and power?

The tenancy ended on 7 June 2024. The landlord provided rent records and water rates invoices which prove the amount owing at the end of the tenancy. The power costs are shared between 6 tenants and is the amount of usage over and above the $50.00 per month allowed for each tenant.

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 did not leave the premises reasonably clean and tidy.
The amounts ordered are proved.

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.
Where the damage is caused carelessly, and is covered by the landlord's insurance, the tenant's liability is limited to the lesser of the insurance excess or four weeks' rent (or four weeks' market rent in the case of a tenant paying income-related rent). See section 49B(3)(a) RTA.
Where the damage is careless and is not covered by the landlord's insurance, the tenant's liability is limited to four weeks' rent (or market rent). See section 49B(3)(b) RTA. Where insurance money is irrecoverable because of the tenant's conduct, the property is treated as if it is not insured against the damage. See section 49B(3A)(a) RTA.
Tenants are liable for the cost of repairing damage that is intentional or which results from any activity at the premises that is an imprisonable offence. This applies to anything the tenant does and anything done by a person they are responsible for. See section 49B(1) RTA.
Damage is intentional where a person intends to cause damage and takes the necessary steps to achieve that purpose. Damage is also intentional where a person does something, or allows a situation to continue, knowing that damage is a certainty. See Guo v Korck [2019] NZHC 1541.
The landlord is claiming compensation for the following damage following damage was caused during the tenancy.
Replacement of curtains in the front room due to excessive mould. The curtains were new at the start of the tenancy on 5 April 2024. A 1/6 th share of the replacement costs is awarded.
Repair of 2 broken windows however no evidence was produced of the damage and this part of the claim is dismissed.
Painting of the ceiling in the kitchen due to smoke damage caused by a fire. A 1/6 th share of the costs of repainting is awarded.
Damage to the pole that holds the driveway gate. The tenant said he was not responsible for this damage and named the tenant who caused this damage. It has not been proven to the required standard that Mr Peladra was responsible for damage to the gate and this part of the claim is dismissed.
The damage is more than fair wear and tear and the total awarded being the tenants 1/6 th share of the costs is $134.00.
The amounts ordered are proved.
I have taken into account betterment and depreciation. The landlord should be returned to the position they would have been in had the tenant not breached their obligations and should not be better or worse off. In calculating depreciation, I have taken into account the age and condition of the items at the start of the tenancy and their likely useful lifespan.
Because Accurate Infrastructure Solutions Limited has substantially succeeded with the claim I have reimbursed 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 5485211 — net $1,122.82 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears 7/6/24	$804.62	Rent arrears 7/6/24
Cleaning: 1/6th share	$86.25	Cleaning: 1/6th share
Power 1/6th share	$69.95	Power 1/6th share
Repairs: 1/6th share	$134.00	Repairs: 1/6th share
Filing fee reimbursement	$28.00	Filing fee reimbursement
Net award	$1,122.82
Total payable by Tenant to Landlord	$1,122.82

Claims and awards for application 5485211 — net $1,122.82 NZD. Verify on MoJ.

Rent arrears 7/6/24

Amount: $804.62
Awarded to: Landlord
Reason: Rent arrears 7/6/24

Cleaning: 1/6th share

Amount: $86.25
Awarded to: Landlord
Reason: Cleaning: 1/6th share

Power 1/6th share

Amount: $69.95
Awarded to: Landlord
Reason: Power 1/6th share

Repairs: 1/6th share

Amount: $134.00
Awarded to: Landlord
Reason: Repairs: 1/6th share

Filing fee reimbursement

Amount: $28.00
Awarded to: Landlord
Reason: Filing fee reimbursement

Claim types — money lines allowed on this order

Cleanliness Filing Fee Rent arrears Property damage

Order

Allan Peladra must pay Accurate Infrastructure Solutions Limited $1,122.82 immediately, calculated as shown in table below.

Reasons

Both parties attended the hearing.
The landlord has applied for rent arrears, compensation, and reimbursement of the filing fee following the end of the tenancy.

How much is owed for rent and power?

The tenancy ended on 7 June 2024. The landlord provided rent records and water rates invoices which prove the amount owing at the end of the tenancy. The power costs are shared between 6 tenants and is the amount of usage over and above the $50.00 per month allowed for each tenant.

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 did not leave the premises reasonably clean and tidy.
The amounts ordered are proved.

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.
Where the damage is caused carelessly, and is covered by the landlord's insurance, the tenant's liability is limited to the lesser of the insurance excess or four weeks' rent (or four weeks' market rent in the case of a tenant paying income-related rent). See section 49B(3)(a) RTA.
Where the damage is careless and is not covered by the landlord's insurance, the tenant's liability is limited to four weeks' rent (or market rent). See section 49B(3)(b) RTA. Where insurance money is irrecoverable because of the tenant's conduct, the property is treated as if it is not insured against the damage. See section 49B(3A)(a) RTA.
Tenants are liable for the cost of repairing damage that is intentional or which results from any activity at the premises that is an imprisonable offence. This applies to anything the tenant does and anything done by a person they are responsible for. See section 49B(1) RTA.
Damage is intentional where a person intends to cause damage and takes the necessary steps to achieve that purpose. Damage is also intentional where a person does something, or allows a situation to continue, knowing that damage is a certainty. See Guo v Korck [2019] NZHC 1541.
The landlord is claiming compensation for the following damage following damage was caused during the tenancy.
Replacement of curtains in the front room due to excessive mould. The curtains were new at the start of the tenancy on 5 April 2024. A 1/6 th share of the replacement costs is awarded.
Repair of 2 broken windows however no evidence was produced of the damage and this part of the claim is dismissed.
Painting of the ceiling in the kitchen due to smoke damage caused by a fire. A 1/6 th share of the costs of repainting is awarded.
Damage to the pole that holds the driveway gate. The tenant said he was not responsible for this damage and named the tenant who caused this damage. It has not been proven to the required standard that Mr Peladra was responsible for damage to the gate and this part of the claim is dismissed.
The damage is more than fair wear and tear and the total awarded being the tenants 1/6 th share of the costs is $134.00.
The amounts ordered are proved.
I have taken into account betterment and depreciation. The landlord should be returned to the position they would have been in had the tenant not breached their obligations and should not be better or worse off. In calculating depreciation, I have taken into account the age and condition of the items at the start of the tenancy and their likely useful lifespan.
Because Accurate Infrastructure Solutions Limited has substantially succeeded with the claim I have reimbursed the filing fee.

Tenancy Tribunal case 5485211 — Rent arrears at 1011A Duke Street, Mahora, Hastings 4120

At a glance

Tenancy Tribunal case 5485211 — Rent arrears at 1011A Duke Street, Mahora, Hastings 4120

At a glance

Award balance

Claims & awards

Order

Reasons

How much is owed for rent and power?

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

Property management

Frequently asked questions

Award balance

Claims & awards

Order

Reasons

How much is owed for rent and power?

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

Property management

Frequently asked questions