What was Tenancy Tribunal case 4554669 about?

The tribunal order states: An application for suppression has been made in this case, and the Tribunal

How much money was awarded in case 4554669?

Cleaning: $600.00 awarded to landlord; Filing Fee: $20.44 awarded to landlord; Property Damage: $652.02 awarded to landlord; Rent Arrears: $348.57 awarded to landlord; Rubbish Removal: $207.00 awarded to landlord; Water Rates: $60.43 awarded to landlord

What type of tenancy dispute was case 4554669?

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

Where can I read the official tribunal order for case 4554669?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/9281002-Tribunal_Order_Redacted.pdf.

What was Tenancy Tribunal case 4554669 about?

The tribunal order states: An application for suppression has been made in this case, and the Tribunal

How much money was awarded in case 4554669?

Cleaning: $600.00 awarded to landlord; Filing Fee: $20.44 awarded to landlord; Property Damage: $652.02 awarded to landlord; Rent Arrears: $348.57 awarded to landlord; Rubbish Removal: $207.00 awarded to landlord; Water Rates: $60.43 awarded to landlord

What type of tenancy dispute was case 4554669?

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

Where can I read the official tribunal order for case 4554669?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/9281002-Tribunal_Order_Redacted.pdf.

New Zealand Tenancy Tribunal Case 4554669 — Property damage

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New Zealand Tenancy Tribunal Case 4554669 — Property damage | 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 4554669 — net $1,888.46 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears	$348.57	Rent arrears
Water rates	$60.43	Water rates
Lock/key replacement (front & back door) and replace broken lock (dedroom	$652.02	Lock/key replacement (front & back door) and replace broken lock (dedroom
Cleaning & carpet cleanng	$600.00	Cleaning & carpet cleanng
Rubbish removal	$207.00	Rubbish removal
Filing fee reimbursement	$20.44	Filing fee reimbursement
Net award	$1,888.46
Total payable by Tenant to Landlord	$1,888.46

Claims and awards for application 4554669 — net $1,888.46 NZD. Verify on MoJ.

Rent arrears

Amount: $348.57
Awarded to: Landlord
Reason: Rent arrears

Water rates

Amount: $60.43
Awarded to: Landlord
Reason: Water rates

Lock/key replacement (front & back door) and replace broken lock (dedroom

Amount: $652.02
Awarded to: Landlord
Reason: Lock/key replacement (front & back door) and replace broken lock (dedroom

Cleaning & carpet cleanng

Amount: $600.00
Awarded to: Landlord
Reason: Cleaning & carpet cleanng

Rubbish removal

Amount: $207.00
Awarded to: Landlord
Reason: Rubbish removal

Claim types — money lines allowed on this order

Carpet Cleaning Filing Fee Property damage Rent arrears Rubbish Removal Water Rates

Order

An application for suppression has been made in this case, and the Tribunal orders suppression of the Landlord’s name and identifying details.
Vincent Peni must pay [The landlord/s] $1,888.46 immediately, calculated as shown in table below.

Reasons

The landlord’s agent attended the hearing by teleconference. The other party did not attend.
The landlord has applied for rent arrears, water rates, compensation, and reimbursement of the filing fee following the end of the tenancy.

How much is owed for rent and water rates?

The tenancy ended on 17 April 2023. The landlord provided rent records and 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 landlord has proven on the evidence that the tenant did not leave the premises reasonably clean and tidy, did not remove all rubbish, and did not return the keys. The landlord produced entry and exit photographs of the condition of the property and invoices of the costs incurred.
In terms of the claim for cleaning and carpet cleaning, although clearly some areas needed addressing to bring it up to a clean and tidy standard, other areas were best addressed with a “commercial clean” rather than a tenant’s effort. It is of course not unusual for a landlord to occasionally arrange a commercial clean, irrespective of the tenant’s efforts, as part of normal property maintenance. The claim for cleaning is partly awarded. The Tribunal considers $600.00 reasonable and consistent with the tenant's legal obligations and the photographic evidence produced by the landlord.
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.
The following damage was caused during the tenancy: the entrance lock to the bedroom was broken. The damage is more than fair wear and tear, and the tenant has not disproved liability for the damage.
The amount ordered is proved.
As the landlord has substantially succeeded with the claim, I order the other party to reimburse the filing fee and grant suppression of the landlord’s name and identifying details.

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 4554669 — net $1,888.46 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears	$348.57	Rent arrears
Water rates	$60.43	Water rates
Lock/key replacement (front & back door) and replace broken lock (dedroom	$652.02	Lock/key replacement (front & back door) and replace broken lock (dedroom
Cleaning & carpet cleanng	$600.00	Cleaning & carpet cleanng
Rubbish removal	$207.00	Rubbish removal
Filing fee reimbursement	$20.44	Filing fee reimbursement
Net award	$1,888.46
Total payable by Tenant to Landlord	$1,888.46

Claims and awards for application 4554669 — net $1,888.46 NZD. Verify on MoJ.

Rent arrears

Amount: $348.57
Awarded to: Landlord
Reason: Rent arrears

Water rates

Amount: $60.43
Awarded to: Landlord
Reason: Water rates

Lock/key replacement (front & back door) and replace broken lock (dedroom

Amount: $652.02
Awarded to: Landlord
Reason: Lock/key replacement (front & back door) and replace broken lock (dedroom

Cleaning & carpet cleanng

Amount: $600.00
Awarded to: Landlord
Reason: Cleaning & carpet cleanng

Rubbish removal

Amount: $207.00
Awarded to: Landlord
Reason: Rubbish removal

Claim types — money lines allowed on this order

Carpet Cleaning Filing Fee Property damage Rent arrears Rubbish Removal Water Rates

Order

An application for suppression has been made in this case, and the Tribunal orders suppression of the Landlord’s name and identifying details.
Vincent Peni must pay [The landlord/s] $1,888.46 immediately, calculated as shown in table below.

Reasons

The landlord’s agent attended the hearing by teleconference. The other party did not attend.
The landlord has applied for rent arrears, water rates, compensation, and reimbursement of the filing fee following the end of the tenancy.

How much is owed for rent and water rates?

The tenancy ended on 17 April 2023. The landlord provided rent records and 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 landlord has proven on the evidence that the tenant did not leave the premises reasonably clean and tidy, did not remove all rubbish, and did not return the keys. The landlord produced entry and exit photographs of the condition of the property and invoices of the costs incurred.
In terms of the claim for cleaning and carpet cleaning, although clearly some areas needed addressing to bring it up to a clean and tidy standard, other areas were best addressed with a “commercial clean” rather than a tenant’s effort. It is of course not unusual for a landlord to occasionally arrange a commercial clean, irrespective of the tenant’s efforts, as part of normal property maintenance. The claim for cleaning is partly awarded. The Tribunal considers $600.00 reasonable and consistent with the tenant's legal obligations and the photographic evidence produced by the landlord.
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.
The following damage was caused during the tenancy: the entrance lock to the bedroom was broken. The damage is more than fair wear and tear, and the tenant has not disproved liability for the damage.
The amount ordered is proved.
As the landlord has substantially succeeded with the claim, I order the other party to reimburse the filing fee and grant suppression of the landlord’s name and identifying details.

Tenancy Tribunal case 4554669 — Property damage

At a glance

Tenancy Tribunal case 4554669 — Property damage

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?

Is the tenant responsible for the damage to the premises?

Topics & place

Residential Tenancies Act sections

Key findings

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?

Is the tenant responsible for the damage to the premises?

Topics & place

Residential Tenancies Act sections

Key findings

Frequently asked questions