What was the outcome of Tenancy Tribunal case 4538595?

The tribunal order states: Latu Filo must pay Modus Community Housing Limited $4,408.71 immediately,

How much money was awarded in case 4538595?

Cleaning: $149.50 awarded to landlord; Chorus Fibre Internet Cabling And ON…: $2,896.63 awarded to landlord; Cleaning: $1,016.53 awarded to landlord; Cleaning: $118.80 awarded to landlord; Filing Fee: $20.44 awarded to landlord; bathroom door, towel rail, curtain,…: $403.28 awarded to landlord; carpet tiles disposal (soiled carpet…: $391.00 awarded to landlord; Water Rates: $28.53 awarded to landlord

What type of tenancy dispute was case 4538595?

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

Where can I read the official tribunal order for case 4538595?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/9610229-Tenancy_Tribunal_Order.pdf.

What was the outcome of Tenancy Tribunal case 4538595?

The tribunal order states: Latu Filo must pay Modus Community Housing Limited $4,408.71 immediately,

How much money was awarded in case 4538595?

Cleaning: $149.50 awarded to landlord; Chorus Fibre Internet Cabling And ON…: $2,896.63 awarded to landlord; Cleaning: $1,016.53 awarded to landlord; Cleaning: $118.80 awarded to landlord; Filing Fee: $20.44 awarded to landlord; bathroom door, towel rail, curtain,…: $403.28 awarded to landlord; carpet tiles disposal (soiled carpet…: $391.00 awarded to landlord; Water Rates: $28.53 awarded to landlord

What type of tenancy dispute was case 4538595?

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

Where can I read the official tribunal order for case 4538595?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/9610229-Tenancy_Tribunal_Order.pdf.

Unit/Flat 13, 13 McAnnalley Street, Manurewa East, Tenancy Tribunal Case 4538595 — Cleanliness

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Unit/Flat 13, 13 McAnnalley Street, Manurewa East, Tenancy Tribunal Case 4538595 — 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 4538595 — net $4,408.71 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Water rates	$28.53	2. The landlord has applied for water rates arrears, compensation, refund of the bond, and reimbursement of the filing fee following the end of the tenancy.
Carpet Cleaning	$149.50	Carpet Cleaning
Cleaning: curtains	$118.80	Cleaning: curtains
Repairs: carpet tiles disposal (soiled carpets	$391.00	Repairs: carpet tiles disposal (soiled carpets
Repairs: bathroom door, towel rail, curtain, architraves	$403.28	Repairs: bathroom door, towel rail, curtain, architraves
Cleaning: (include dog urine odour removal	$1,016.53	Cleaning: (include dog urine odour removal
Filing fee reimbursement	$20.44	Filing fee reimbursement
Chorus fibre internet cabling and ONT box removed by tenant	$2,896.63	Chorus fibre internet cabling and ONT box removed by tenant
Net award	$4,408.71
Total payable by Tenant to Landlord	$4,408.71

Claims and awards for application 4538595 — net $4,408.71 NZD. Verify on MoJ.

Water rates

Amount: $28.53
Awarded to: Landlord
Reason: 2. The landlord has applied for water rates arrears, compensation, refund of the bond, and reimbursement of the filing fee following the end of the tenancy.

Carpet Cleaning

Amount: $149.50
Awarded to: Landlord
Reason: Carpet Cleaning

Cleaning: curtains

Amount: $118.80
Awarded to: Landlord
Reason: Cleaning: curtains

Repairs: carpet tiles disposal (soiled carpets

Amount: $391.00
Awarded to: Landlord
Reason: Repairs: carpet tiles disposal (soiled carpets

Repairs: bathroom door, towel rail, curtain, architraves

Amount: $403.28
Awarded to: Landlord

Claim types — money lines allowed on this order

Carpet Cleaning Cleanliness Filing Fee Property damage Water Rates

Order

Latu Filo must pay Modus Community Housing Limited $4,408.71 immediately, calculated as shown in table below.
The Bond Centre is to pay the bond of $616.00 (6459645-013) to Modus Community Housing Limited immediately.

Reasons

Only the landlord’s representatives attended the hearing.
The landlord has applied for water rates arrears, compensation, refund of the bond, and reimbursement of the filing fee following the end of the tenancy.

How much is owed for water rates?

The tenancy ended on 17 January 2023. The landlord provided water rates invoices which prove the amount owing at the end of the tenancy.

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, and did not remove all rubbish.
The Chorus fibre internet cabling and ONT box were removed by the tenant at the end of the tenancy.
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.
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: carpets, bathroom door, towel rail, curtain and architraves. The damage is more than fair wear and tear, and the tenant has not disproved liability for the damage.
The amounts ordered are proved.

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 4538595 — net $4,408.71 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Water rates	$28.53	2. The landlord has applied for water rates arrears, compensation, refund of the bond, and reimbursement of the filing fee following the end of the tenancy.
Carpet Cleaning	$149.50	Carpet Cleaning
Cleaning: curtains	$118.80	Cleaning: curtains
Repairs: carpet tiles disposal (soiled carpets	$391.00	Repairs: carpet tiles disposal (soiled carpets
Repairs: bathroom door, towel rail, curtain, architraves	$403.28	Repairs: bathroom door, towel rail, curtain, architraves
Cleaning: (include dog urine odour removal	$1,016.53	Cleaning: (include dog urine odour removal
Filing fee reimbursement	$20.44	Filing fee reimbursement
Chorus fibre internet cabling and ONT box removed by tenant	$2,896.63	Chorus fibre internet cabling and ONT box removed by tenant
Net award	$4,408.71
Total payable by Tenant to Landlord	$4,408.71

Claims and awards for application 4538595 — net $4,408.71 NZD. Verify on MoJ.

Water rates

Amount: $28.53
Awarded to: Landlord
Reason: 2. The landlord has applied for water rates arrears, compensation, refund of the bond, and reimbursement of the filing fee following the end of the tenancy.

Carpet Cleaning

Amount: $149.50
Awarded to: Landlord
Reason: Carpet Cleaning

Cleaning: curtains

Amount: $118.80
Awarded to: Landlord
Reason: Cleaning: curtains

Repairs: carpet tiles disposal (soiled carpets

Amount: $391.00
Awarded to: Landlord
Reason: Repairs: carpet tiles disposal (soiled carpets

Repairs: bathroom door, towel rail, curtain, architraves

Amount: $403.28
Awarded to: Landlord

Claim types — money lines allowed on this order

Carpet Cleaning Cleanliness Filing Fee Property damage Water Rates

Order

Latu Filo must pay Modus Community Housing Limited $4,408.71 immediately, calculated as shown in table below.
The Bond Centre is to pay the bond of $616.00 (6459645-013) to Modus Community Housing Limited immediately.

Reasons

Only the landlord’s representatives attended the hearing.
The landlord has applied for water rates arrears, compensation, refund of the bond, and reimbursement of the filing fee following the end of the tenancy.

How much is owed for water rates?

The tenancy ended on 17 January 2023. The landlord provided water rates invoices which prove the amount owing at the end of the tenancy.

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, and did not remove all rubbish.
The Chorus fibre internet cabling and ONT box were removed by the tenant at the end of the tenancy.
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.
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: carpets, bathroom door, towel rail, curtain and architraves. The damage is more than fair wear and tear, and the tenant has not disproved liability for the damage.
The amounts ordered are proved.

Tenancy Tribunal case 4538595 — Cleanliness at Unit/Flat 13, 13 McAnnalley Street, Manurewa East,

At a glance

Tenancy Tribunal case 4538595 — Cleanliness at Unit/Flat 13, 13 McAnnalley Street, Manurewa East,

At a glance

Award balance

Claims & awards

Order

Reasons

How much is owed for water rates?

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 water rates?

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