What was Tenancy Tribunal case 4572519 about?

The tribunal order states: Veronica Samuels must pay [The landlord/s] $831.69 immediately, calculated

How much money was awarded in case 4572519?

Cleaning: $1,003.65 awarded to landlord; Filing Fee: $20.44 awarded to landlord; Gib, Plaster, Sealing, Paint: $298.00 awarded to landlord; Water Rates: $82.04 awarded to landlord

What type of tenancy dispute was case 4572519?

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

Where can I read the official tribunal order for case 4572519?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/9581504-Tribunal_Order_Redacted.pdf.

What was Tenancy Tribunal case 4572519 about?

The tribunal order states: Veronica Samuels must pay [The landlord/s] $831.69 immediately, calculated

How much money was awarded in case 4572519?

Cleaning: $1,003.65 awarded to landlord; Filing Fee: $20.44 awarded to landlord; Gib, Plaster, Sealing, Paint: $298.00 awarded to landlord; Water Rates: $82.04 awarded to landlord

What type of tenancy dispute was case 4572519?

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

Where can I read the official tribunal order for case 4572519?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/9581504-Tribunal_Order_Redacted.pdf.

135A Bruce McLaren Road, Henderson, Auckland 0612 Tenancy Tribunal Case 4572519 — Cleanliness

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135A Bruce McLaren Road, Henderson, Auckland 0612 Tenancy Tribunal Case 4572519 — 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 4572519 — net $852.13 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Repairs: Gib, plaster, sealing, paint	$298.00	Repairs: Gib, plaster, sealing, paint
Cleaning	$1,003.65	Cleaning
Water rates	$82.04	Water rates
Filing fee	$20.44	Filing fee
Net award	$852.13
Total payable by Tenant to Landlord	$852.13

Claims and awards for application 4572519 — net $852.13 NZD. Verify on MoJ.

Repairs: Gib, plaster, sealing, paint

Amount: $298.00
Awarded to: Landlord
Reason: Repairs: Gib, plaster, sealing, paint

Cleaning

Amount: $1,003.65
Awarded to: Landlord
Reason: Cleaning

Water rates

Amount: $82.04
Awarded to: Landlord
Reason: Water rates

Filing fee

Amount: $20.44
Awarded to: Landlord
Reason: Filing fee

Net award

Landlord $852.13

Total payable by Tenant to Landlord

Landlord $852.13

Claim types — money lines allowed on this order

Cleanliness Filing Fee Property damage Water Rates

Order

Veronica Samuels must pay [The landlord/s] $831.69 immediately, calculated as shown in table below.

Reasons

The landlord attended the hearing, the respondent did not.
The landlord has applied for water rates, compensation, refund of the bond, and reimbursement of the filing fee following the end of the tenancy.

How much is owed for and water rates?

The tenancy ended on 13 April 2023. The landlord provided water rates invoices which prove the amount owing at the end of the tenancy is $82.04.

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 landlord provided invoices for cleaning and rubbish removal of $1,058.84 and $320.00 respectively, and stated that following repayments already made by the tenant, $1,003.65 was outstanding for these two amounts.
The amount ordered is 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.
The following damage was caused during the tenancy: a. Damage to walls in bedrooms 1, 2 and 3. b. Damage to the door frame in bedroom 1.
The damage is more than fair wear and tear, and the tenant has not disproved liability for the damage.
The landlord provided an invoice of $1,013.00 for these repairs and stated that the respondent had already made repayments of $715.00 which leaves $298.00 outstanding.
The amount ordered is 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 [The landlord/s] 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 4572519 — net $852.13 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Repairs: Gib, plaster, sealing, paint	$298.00	Repairs: Gib, plaster, sealing, paint
Cleaning	$1,003.65	Cleaning
Water rates	$82.04	Water rates
Filing fee	$20.44	Filing fee
Net award	$852.13
Total payable by Tenant to Landlord	$852.13

Claims and awards for application 4572519 — net $852.13 NZD. Verify on MoJ.

Repairs: Gib, plaster, sealing, paint

Amount: $298.00
Awarded to: Landlord
Reason: Repairs: Gib, plaster, sealing, paint

Cleaning

Amount: $1,003.65
Awarded to: Landlord
Reason: Cleaning

Water rates

Amount: $82.04
Awarded to: Landlord
Reason: Water rates

Filing fee

Amount: $20.44
Awarded to: Landlord
Reason: Filing fee

Net award

Landlord $852.13

Total payable by Tenant to Landlord

Landlord $852.13

Claim types — money lines allowed on this order

Cleanliness Filing Fee Property damage Water Rates

Order

Veronica Samuels must pay [The landlord/s] $831.69 immediately, calculated as shown in table below.

Reasons

The landlord attended the hearing, the respondent did not.
The landlord has applied for water rates, compensation, refund of the bond, and reimbursement of the filing fee following the end of the tenancy.

How much is owed for and water rates?

The tenancy ended on 13 April 2023. The landlord provided water rates invoices which prove the amount owing at the end of the tenancy is $82.04.

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 landlord provided invoices for cleaning and rubbish removal of $1,058.84 and $320.00 respectively, and stated that following repayments already made by the tenant, $1,003.65 was outstanding for these two amounts.
The amount ordered is 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.
The following damage was caused during the tenancy: a. Damage to walls in bedrooms 1, 2 and 3. b. Damage to the door frame in bedroom 1.
The damage is more than fair wear and tear, and the tenant has not disproved liability for the damage.
The landlord provided an invoice of $1,013.00 for these repairs and stated that the respondent had already made repayments of $715.00 which leaves $298.00 outstanding.
The amount ordered is 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 [The landlord/s] has substantially succeeded with the claim I have reimbursed the filing fee.

Tenancy Tribunal case 4572519 — Cleanliness at 135A Bruce McLaren Road, Henderson, Auckland 0612

At a glance

Tenancy Tribunal case 4572519 — Cleanliness at 135A Bruce McLaren Road, Henderson, Auckland 0612

At a glance

Award balance

Claims & awards

Order

Reasons

How much is owed for 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 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