What was the outcome of Tenancy Tribunal case 4528449?

The tribunal order states: No application for suppression has been made in this case and no suppression

How much money was awarded in case 4528449?

Cleaning: $500.00 awarded to landlord; Filing Fee: $20.44 awarded to landlord; Rent: $421.43 awarded to landlord; Cooktop: $381.23 awarded to landlord; Rubbish Removal: $957.50 awarded to landlord; Water Charges To End Of Tenancy: $1,911.47 awarded to landlord

What type of tenancy dispute was case 4528449?

The primary dispute was Cleanliness. Related themes: Property damage.

Where can I read the official tribunal order for case 4528449?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/9302792-Tribunal_Order.pdf.

What was the outcome of Tenancy Tribunal case 4528449?

The tribunal order states: No application for suppression has been made in this case and no suppression

How much money was awarded in case 4528449?

Cleaning: $500.00 awarded to landlord; Filing Fee: $20.44 awarded to landlord; Rent: $421.43 awarded to landlord; Cooktop: $381.23 awarded to landlord; Rubbish Removal: $957.50 awarded to landlord; Water Charges To End Of Tenancy: $1,911.47 awarded to landlord

What type of tenancy dispute was case 4528449?

The primary dispute was Cleanliness. Related themes: Property damage.

Where can I read the official tribunal order for case 4528449?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/9302792-Tribunal_Order.pdf.

Unit/Flat Flat 1, 3 Etherton Drive, Weymouth, Auckland Tenancy Tribunal Case 4528449 — Cleanliness

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Unit/Flat Flat 1, 3 Etherton Drive, Weymouth, Auckland Tenancy Tribunal Case 4528449 — Cleanliness | 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 4528449 — net $4,192.07 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent to 16 May 2023	$421.43	Rent to 16 May 2023
Water charges to end of tenancy	$1,911.47	Water charges to end of tenancy
Repairs: cooktop	$381.23	Repairs: cooktop
Cleaning	$500.00	Cleaning
Rubbish removal from house	$957.50	Rubbish removal from house
Filing fee reimbursement	$20.44	Filing fee reimbursement
Net award	$4,192.07
Total payable by Tenant to Landlord	$4,192.07

Claims and awards for application 4528449 — net $4,192.07 NZD. Verify on MoJ.

Rent to 16 May 2023

Amount: $421.43
Awarded to: Landlord
Reason: Rent to 16 May 2023

Water charges to end of tenancy

Amount: $1,911.47
Awarded to: Landlord
Reason: Water charges to end of tenancy

Repairs: cooktop

Amount: $381.23
Awarded to: Landlord
Reason: Repairs: cooktop

Cleaning

Amount: $500.00
Awarded to: Landlord
Reason: Cleaning

Rubbish removal from house

Amount: $957.50
Awarded to: Landlord
Reason: Rubbish removal from house

Claim types — money lines allowed on this order

Cleanliness Filing Fee Property damage Rubbish Removal

Order

No application for suppression has been made in this case and no suppression orders apply around publication of this decision.
Iuliana Taavao and Mateta Taavao must pay Barfoot & Thompson Limited - as Agent for Roy and Leonie Dsilva $4,192.07 immediately, calculated as shown in the table below:

Reasons

The landlord attended the hearing today.
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 water?

The tenancy ended on 12 May 2023 pursuant to an order of the Tribunal. The keys were returned on 16 May 2023. When the keys were returned there were 5 days of rent owing.
From about February 2021 to the end of the tenancy, no water charges were paid by the tenant. The landlord has provided water invoices to establish the amount owing.

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.
The tenant did not leave the premises reasonably clean and tidy and did not remove all rubbish. The landlord’s exit inspection photographs show that large items of furniture were left at the property.
There was a separate claim for rubbish left under the house. There are no photographs showing the condition of this area at the start of the tenancy. It is possible the rubbish had been there for some time. I decline to award the cost of removing rubbish from underneath the house ($850.00).

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.
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 4 weeks' rent. The insurance excess was $550.00 with a weekly rent of $590.00.
The cook top was damaged during the tenancy and had to be replaced. The invoice from the supplier stated that the unit had not been looked after. The landlord told me that the tenant’s failure to clean the unit had caused it to malfunction. The invoice from the supplier noted that both large elements were blown, and the small elements were rusted, with a neon indicator broken. The damage is more than fair wear and tear, and the tenant has not disproved liability for the damage. Filing fee
The landlord’s application has succeeded. I award 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 4528449 — net $4,192.07 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent to 16 May 2023	$421.43	Rent to 16 May 2023
Water charges to end of tenancy	$1,911.47	Water charges to end of tenancy
Repairs: cooktop	$381.23	Repairs: cooktop
Cleaning	$500.00	Cleaning
Rubbish removal from house	$957.50	Rubbish removal from house
Filing fee reimbursement	$20.44	Filing fee reimbursement
Net award	$4,192.07
Total payable by Tenant to Landlord	$4,192.07

Claims and awards for application 4528449 — net $4,192.07 NZD. Verify on MoJ.

Rent to 16 May 2023

Amount: $421.43
Awarded to: Landlord
Reason: Rent to 16 May 2023

Water charges to end of tenancy

Amount: $1,911.47
Awarded to: Landlord
Reason: Water charges to end of tenancy

Repairs: cooktop

Amount: $381.23
Awarded to: Landlord
Reason: Repairs: cooktop

Cleaning

Amount: $500.00
Awarded to: Landlord
Reason: Cleaning

Rubbish removal from house

Amount: $957.50
Awarded to: Landlord
Reason: Rubbish removal from house

Claim types — money lines allowed on this order

Cleanliness Filing Fee Property damage Rubbish Removal

Order

No application for suppression has been made in this case and no suppression orders apply around publication of this decision.
Iuliana Taavao and Mateta Taavao must pay Barfoot & Thompson Limited - as Agent for Roy and Leonie Dsilva $4,192.07 immediately, calculated as shown in the table below:

Reasons

The landlord attended the hearing today.
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 water?

The tenancy ended on 12 May 2023 pursuant to an order of the Tribunal. The keys were returned on 16 May 2023. When the keys were returned there were 5 days of rent owing.
From about February 2021 to the end of the tenancy, no water charges were paid by the tenant. The landlord has provided water invoices to establish the amount owing.

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.
The tenant did not leave the premises reasonably clean and tidy and did not remove all rubbish. The landlord’s exit inspection photographs show that large items of furniture were left at the property.
There was a separate claim for rubbish left under the house. There are no photographs showing the condition of this area at the start of the tenancy. It is possible the rubbish had been there for some time. I decline to award the cost of removing rubbish from underneath the house ($850.00).

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.
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 4 weeks' rent. The insurance excess was $550.00 with a weekly rent of $590.00.
The cook top was damaged during the tenancy and had to be replaced. The invoice from the supplier stated that the unit had not been looked after. The landlord told me that the tenant’s failure to clean the unit had caused it to malfunction. The invoice from the supplier noted that both large elements were blown, and the small elements were rusted, with a neon indicator broken. The damage is more than fair wear and tear, and the tenant has not disproved liability for the damage. Filing fee
The landlord’s application has succeeded. I award the filing fee.

Tenancy Tribunal case 4528449 — Cleanliness at Unit/Flat Flat 1, 3 Etherton Drive, Weymouth, Auckland

At a glance

Tenancy Tribunal case 4528449 — Cleanliness at Unit/Flat Flat 1, 3 Etherton Drive, Weymouth, Auckland

At a glance

Award balance

Claims & awards

Order

Reasons

How much is owed for rent and water?

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

Key findings

Property management

Frequently asked questions

Award balance

Claims & awards

Order

Reasons

How much is owed for rent and water?

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

Key findings

Property management

Frequently asked questions