What was the outcome of Tenancy Tribunal case 4577960?

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

How much money was awarded in case 4577960?

Cleaning: $300.00 awarded to landlord; Filing Fee: $20.44 awarded to landlord; Lawns and Garden Work: $68.00 awarded to landlord; Property Damage: $140.00 awarded to landlord; Replace Furnishings: Curtains: $300.00 awarded to landlord; Rubbish Removal: $469.20 awarded to landlord

What type of tenancy dispute was case 4577960?

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

Where can I read the official tribunal order for case 4577960?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/9270932-Tenancy_Tribunal_Order.pdf.

What was the outcome of Tenancy Tribunal case 4577960?

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

How much money was awarded in case 4577960?

Cleaning: $300.00 awarded to landlord; Filing Fee: $20.44 awarded to landlord; Lawns and Garden Work: $68.00 awarded to landlord; Property Damage: $140.00 awarded to landlord; Replace Furnishings: Curtains: $300.00 awarded to landlord; Rubbish Removal: $469.20 awarded to landlord

What type of tenancy dispute was case 4577960?

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

Where can I read the official tribunal order for case 4577960?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/9270932-Tenancy_Tribunal_Order.pdf.

21 Northolt Road, Fairview Downs, Hamilton 3214 Tenancy Tribunal Case 4577960 — Cleanliness

Reasons

Claims and awards in Tenancy Tribunal application 4577960 — net $1,297.64 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Cleaning	$300.00	Cleaning
Rubbish removal	$469.20	Rubbish removal
Lock/key replacement	$140.00	Lock/key replacement
Lawns and Garden work	$68.00	Lawns and Garden work
Replace furnishings: curtains	$300.00	Replace furnishings: curtains
Filing fee reimbursement	$20.44	Filing fee reimbursement
Net award	$1,297.64
Total payable by Tenant to Landlord	$1,297.64

Mr Rennie appeared for the landlord. There was no appearance by the tenant. The tenancy ended on 30 March 2023. On 11 April 2023, the Tribunal awarded the landlord rent arrears and ordered refund of the bond. On 17 May 2023, the landlord filed additional claims for compensation.

The landlord’s claims are that: (in brackets is the compensation sought), i. The tenant failed to leave the property reasonably clean and tidy ($300.00), ii. The tenant failed to leave the lawns in a reasonably tidy condition ($68.00) iii. The tenant failed to remove all rubbish ($469. 20), iv. The tenant has failed to account for chattels, namely 5 curtains ($337.50), v. The tenant failed to return the keys provided at the commencement of the tenancy ($140.00).

The onus of proving these claims rests with the landlord. The standard required is on the balance of probabilities. The landlord must establish more likely than not that the tenant has breached the terms of the agreement or provisions of the Residential Tenancies Act 1986 (The “Act”).

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) of the Act.

The landlord has produced a pre tenancy checklist, along with photographs of the property taken at the commencement and end of the tenancy. I have considered that evidence and heard from Mr Rennie. I am satisfied that the tenant has failed to leave the property reasonably clean and tidy, including the lawns, and failed to remove all rubbish. Based on the evidence the amounts claimed are reasonable and are awarded in full.

The landlord has produced evidence confirming that the tenant was provided with keys to the front and back door. Mr Rennie states that these were not returned at the end of the tenancy. The landlord arranged for the locks to be re barrelled and new keys cut. The amount claimed is awarded.

The pre tenancy check list and photographs produced show that the living rooms and bedrooms had curtains. The landlord has produced photographs showing that 5 curtains, namely those in the lounge / dining room and two of the bedrooms were missing at the end of the tenancy. I am satisfied that the tenant has failed to account for the missing curtains. In awarding compensation, the Tribunal must also consider betterment and depreciation. The landlord is entitled to 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 betterment and depreciation, the Tribunal will consider the age and condition of the items at the start of the tenancy and their likely useful lifespan. Mr Rennie states that the curtains were near new and in good condition at the commencement. The useful life expectancy of curtains in tenanted properties is around 8 years. Considering the age of the curtains, their useful lifespan and general condition, I am reducing the amount claimed for betterment and depreciation and award the landlord $300.00. Costs

Because Home Let Property Management Limited has wholly succeeded with the claim I must reimburse the filing fee. Name suppression

Although the landlord has been substantially successful with their claim, and are entitled to do so, they do not seek name suppression.

Claims and awards in Tenancy Tribunal application 4577960 — net $1,297.64 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Cleaning	$300.00	Cleaning
Rubbish removal	$469.20	Rubbish removal
Lock/key replacement	$140.00	Lock/key replacement
Lawns and Garden work	$68.00	Lawns and Garden work
Replace furnishings: curtains	$300.00	Replace furnishings: curtains
Filing fee reimbursement	$20.44	Filing fee reimbursement
Net award	$1,297.64
Total payable by Tenant to Landlord	$1,297.64

Order

No application for suppression has been made in this case and no suppression orders apply around publication of this decision
Kalee Leanne Kaye Coker and Bailey Nicholas Frederick Allen must pay Home Let Property Management Limited $1,297.64 immediately, calculated as shown in table below.

Reasons

Mr Rennie appeared for the landlord. There was no appearance by the tenant. The tenancy ended on 30 March 2023. On 11 April 2023, the Tribunal awarded the landlord rent arrears and ordered refund of the bond. On 17 May 2023, the landlord filed additional claims for compensation.
The landlord’s claims are that: (in brackets is the compensation sought), i. The tenant failed to leave the property reasonably clean and tidy ($300.00), ii. The tenant failed to leave the lawns in a reasonably tidy condition ($68.00) iii. The tenant failed to remove all rubbish ($469. 20), iv. The tenant has failed to account for chattels, namely 5 curtains ($337.50), v. The tenant failed to return the keys provided at the commencement of the tenancy ($140.00).
The onus of proving these claims rests with the landlord. The standard required is on the balance of probabilities. The landlord must establish more likely than not that the tenant has breached the terms of the agreement or provisions of the Residential Tenancies Act 1986 (The “Act”).

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) of the Act.
The landlord has produced a pre tenancy checklist, along with photographs of the property taken at the commencement and end of the tenancy. I have considered that evidence and heard from Mr Rennie. I am satisfied that the tenant has failed to leave the property reasonably clean and tidy, including the lawns, and failed to remove all rubbish. Based on the evidence the amounts claimed are reasonable and are awarded in full.
The landlord has produced evidence confirming that the tenant was provided with keys to the front and back door. Mr Rennie states that these were not returned at the end of the tenancy. The landlord arranged for the locks to be re barrelled and new keys cut. The amount claimed is awarded.
The pre tenancy check list and photographs produced show that the living rooms and bedrooms had curtains. The landlord has produced photographs showing that 5 curtains, namely those in the lounge / dining room and two of the bedrooms were missing at the end of the tenancy. I am satisfied that the tenant has failed to account for the missing curtains. In awarding compensation, the Tribunal must also consider betterment and depreciation. The landlord is entitled to 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 betterment and depreciation, the Tribunal will consider the age and condition of the items at the start of the tenancy and their likely useful lifespan. Mr Rennie states that the curtains were near new and in good condition at the commencement. The useful life expectancy of curtains in tenanted properties is around 8 years. Considering the age of the curtains, their useful lifespan and general condition, I am reducing the amount claimed for betterment and depreciation and award the landlord $300.00. Costs
Because Home Let Property Management Limited has wholly succeeded with the claim I must reimburse the filing fee. Name suppression
Although the landlord has been substantially successful with their claim, and are entitled to do so, they do not seek name suppression.

Tenancy Tribunal case 4577960 — Cleanliness at 21 Northolt Road, Fairview Downs, Hamilton 3214

At a glance

Tenancy Tribunal case 4577960 — Cleanliness at 21 Northolt Road, Fairview Downs, Hamilton 3214

At a glance

Award balance

Claims & awards

Order

Reasons

Did the tenant comply with their obligations at the end of the tenancy?

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?

Topics & place

Residential Tenancies Act sections

Key findings

Property management

Frequently asked questions