How much money was awarded in case 4534410?

Cleaning: $1,104.00 awarded to landlord; Dismantling Bed: $92.00 awarded to landlord; Lawns and Garden Work: $200.10 awarded to landlord; Property Damage: $126.50 awarded to landlord; Property Damage: $524.00 awarded to landlord; Replace furnishings: Blinds and roll…: $368.00 awarded to landlord; Rubbish Removal: $839.50 awarded to landlord; Water Rates: $75.19 awarded to landlord

What type of tenancy dispute was case 4534410?

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

Where can I read the official tribunal order for case 4534410?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/9222461-Tenancy_Tribunal_Order.pdf.

How much money was awarded in case 4534410?

Cleaning: $1,104.00 awarded to landlord; Dismantling Bed: $92.00 awarded to landlord; Lawns and Garden Work: $200.10 awarded to landlord; Property Damage: $126.50 awarded to landlord; Property Damage: $524.00 awarded to landlord; Replace furnishings: Blinds and roll…: $368.00 awarded to landlord; Rubbish Removal: $839.50 awarded to landlord; Water Rates: $75.19 awarded to landlord

What type of tenancy dispute was case 4534410?

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

Where can I read the official tribunal order for case 4534410?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/9222461-Tenancy_Tribunal_Order.pdf.

47A Great South Road, Manurewa, Auckland 2102 Tenancy Tribunal Case 4534410 — Cleanliness

Q: What was the outcome of Tenancy Tribunal case 4534410?

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

Order

Claims and awards in Tenancy Tribunal application 4534410 — net $3,329.29 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Cleaning	$1,104.00	Cleaning
Rubbish removal	$839.50	Rubbish removal
Lawns and Garden work	$200.10	Lawns and Garden work
Dismantling bed	$92.00	Dismantling bed
Window repairs	$126.50	Window repairs
Replace furnishings: Blinds and roller blinds	$368.00	Replace furnishings: Blinds and roller blinds
Water rates	$75.19	Water rates
Lock/key replacement	$524.00	Lock/key replacement
Net award	$3,329.29
Total payable by Tenant to Landlord	$3,329.29

No application for suppression has been made in this case and no suppression orders apply around publication of this decision.

Envy Mia Evans, Angeline Bentley, and Rodney Cecil Bentley must pay Southern Suburbs Realty Limited as Agent for Kulwinder Kaur $3,329.29 immediately, calculated as shown in table below. DescriptionLandlord Cleaning$1,104.00 Rubbish removal$839.50 Lawns and Garden work$200.10 Dismantling bed$92.00 Window repairs$126.50 Replace furnishings: Blinds and roller blinds$368.00 Water rates$75.19 Lock/key replacement$524.00 Total award$3,329.29 Total payable by Tenant to Landlord$3,329.29

Reasons

The landlord attended the hearing, the tenants did not attend.

The landlord has applied for compensation for cleaning, rubbish removal, dismantling a bed, lawns, key and lock replacement, water bills, repairs to a window following the end of the tenancy. How much is owed for water rates]?

The tenancy ended on 2 February 2023. The landlord provided water rates invoices which cover the period during the tenancy and prove the amount of $75.19 owing.

I am satisfied that the landlord has proven their claim for water bills.

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 tenant did not leave the premises reasonably clean and tidy and did not remove all rubbish.

The tenant did not return the keys.

The kitchen blinds were missing at the end of the tenancy. Cleaning, lawn mowing and rubbish removal

The landlord provided the Tribunal with photographs taken at the final inspection after the end of the tenancy. The photos show the property was not left in a reasonably clean and tidy conditions and the lawns were long and unkempt.

The landlord provided the Tribunal with invoices from TCD dated 18 February 2023 for $1104.00 for cleaning, and an invoice from Anthony White dated 1 March 2023 for $200.10 for lawn mowing costs.

The tenants left rubbish inside and outside of the property. The photos show the rubbish left and the landlord has provided an invoice from KRPRO Services Ltd dated 16 February 2023 for $839.50 for the cost of rubbish removal.

The tenants left a bed inside the house along with other personal items. The landlord had the bed dismantled and removed it with other property, and put it into the garage for the tenants to remove. The landlord has provided an invoice dated 16 February 2023 from KPPRO Limited for $92.00 for dismantling the bed and moving it and other furniture to the garage.

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 careless, and occurs after 27 August 2019, section 49B RTA applies. If the landlord becomes aware of the damage after 27 August, the damage is presumed to have occurred after that date unless the tenant proves otherwise.

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 following damage was caused during the tenancy: -Broken windowpane -Removal of roller blinds in the kitchen and damage to the vertical blinds in the bedroom

The landlord provided invoices from KRPRO services dated 23 February 2023 for $368.00 to replace the kitchen blinds and repair the bedroom vertical blinds. The landlord provided photos that show the missing blinds in the kitchen and the damaged blinds in the bedroom.

The landlord provided a photo of a smashed window in the dining room and an invoice for $126.50 from Manurewa Glass Ltd dated 12 February 2023.

The damage is more than fair wear and tear, and the tenant has not disproved liability for the damage.

The amounts ordered are proved.

The landlord is claiming for the cost of replacement of all the locks and keys at the property. When the tenants vacated the property, they failed to return the house keys. The landlord provided an invoice from Manukau Lock and Alarm Ltd dated 7 February 2023 for$524.00 for the cost of replacing all the keys and locks at the property.

The landlord has proven their claim for the key and lock replacement.

The filing fee and bond were refunded to the landlord in the previous order, application number 4466600 & 4386300 dated 27 January 2023.

Claims and awards in Tenancy Tribunal application 4534410 — net $3,329.29 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Cleaning	$1,104.00	Cleaning
Rubbish removal	$839.50	Rubbish removal
Lawns and Garden work	$200.10	Lawns and Garden work
Dismantling bed	$92.00	Dismantling bed
Window repairs	$126.50	Window repairs
Replace furnishings: Blinds and roller blinds	$368.00	Replace furnishings: Blinds and roller blinds
Water rates	$75.19	Water rates
Lock/key replacement	$524.00	Lock/key replacement
Net award	$3,329.29
Total payable by Tenant to Landlord	$3,329.29

Order

No application for suppression has been made in this case and no suppression orders apply around publication of this decision.
Envy Mia Evans, Angeline Bentley, and Rodney Cecil Bentley must pay Southern Suburbs Realty Limited as Agent for Kulwinder Kaur $3,329.29 immediately, calculated as shown in table below. DescriptionLandlord Cleaning$1,104.00 Rubbish removal$839.50 Lawns and Garden work$200.10 Dismantling bed$92.00 Window repairs$126.50 Replace furnishings: Blinds and roller blinds$368.00 Water rates$75.19 Lock/key replacement$524.00 Total award$3,329.29 Total payable by Tenant to Landlord$3,329.29

Reasons

The landlord attended the hearing, the tenants did not attend.
The landlord has applied for compensation for cleaning, rubbish removal, dismantling a bed, lawns, key and lock replacement, water bills, repairs to a window following the end of the tenancy. How much is owed for water rates]?
The tenancy ended on 2 February 2023. The landlord provided water rates invoices which cover the period during the tenancy and prove the amount of $75.19 owing.
I am satisfied that the landlord has proven their claim for water bills.

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 tenant did not leave the premises reasonably clean and tidy and did not remove all rubbish.
The tenant did not return the keys.
The kitchen blinds were missing at the end of the tenancy. Cleaning, lawn mowing and rubbish removal
The landlord provided the Tribunal with photographs taken at the final inspection after the end of the tenancy. The photos show the property was not left in a reasonably clean and tidy conditions and the lawns were long and unkempt.
The landlord provided the Tribunal with invoices from TCD dated 18 February 2023 for $1104.00 for cleaning, and an invoice from Anthony White dated 1 March 2023 for $200.10 for lawn mowing costs.
The tenants left rubbish inside and outside of the property. The photos show the rubbish left and the landlord has provided an invoice from KRPRO Services Ltd dated 16 February 2023 for $839.50 for the cost of rubbish removal.
The tenants left a bed inside the house along with other personal items. The landlord had the bed dismantled and removed it with other property, and put it into the garage for the tenants to remove. The landlord has provided an invoice dated 16 February 2023 from KPPRO Limited for $92.00 for dismantling the bed and moving it and other furniture to the garage.
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 careless, and occurs after 27 August 2019, section 49B RTA applies. If the landlord becomes aware of the damage after 27 August, the damage is presumed to have occurred after that date unless the tenant proves otherwise.
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 following damage was caused during the tenancy: -Broken windowpane -Removal of roller blinds in the kitchen and damage to the vertical blinds in the bedroom
The landlord provided invoices from KRPRO services dated 23 February 2023 for $368.00 to replace the kitchen blinds and repair the bedroom vertical blinds. The landlord provided photos that show the missing blinds in the kitchen and the damaged blinds in the bedroom.
The landlord provided a photo of a smashed window in the dining room and an invoice for $126.50 from Manurewa Glass Ltd dated 12 February 2023.
The damage is more than fair wear and tear, and the tenant has not disproved liability for the damage.
The amounts ordered are proved.
The landlord is claiming for the cost of replacement of all the locks and keys at the property. When the tenants vacated the property, they failed to return the house keys. The landlord provided an invoice from Manukau Lock and Alarm Ltd dated 7 February 2023 for$524.00 for the cost of replacing all the keys and locks at the property.
The landlord has proven their claim for the key and lock replacement.
The filing fee and bond were refunded to the landlord in the previous order, application number 4466600 & 4386300 dated 27 January 2023.

Tenancy Tribunal case 4534410 — Cleanliness at 47A Great South Road, Manurewa, Auckland 2102

At a glance

Tenancy Tribunal case 4534410 — Cleanliness at 47A Great South Road, Manurewa, Auckland 2102

At a glance

Award balance

Claims & awards

Order

Reasons

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

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