What was the outcome of Tenancy Tribunal case 4578089?

The tribunal order states: Lareece Lovey May Tapihiko Manaia must pay Ihome Property Management

How much money was awarded in case 4578089?

Cleaning: $300.00 awarded to landlord; Filing Fee: $20.44 awarded to landlord; Property Damage: $143.75 awarded to landlord; Rubbish Removal: $1,380.00 awarded to landlord

What type of tenancy dispute was case 4578089?

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

Where can I read the official tribunal order for case 4578089?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/9442700-Tenancy_Tribunal_Order.pdf.

What was the outcome of Tenancy Tribunal case 4578089?

The tribunal order states: Lareece Lovey May Tapihiko Manaia must pay Ihome Property Management

How much money was awarded in case 4578089?

Cleaning: $300.00 awarded to landlord; Filing Fee: $20.44 awarded to landlord; Property Damage: $143.75 awarded to landlord; Rubbish Removal: $1,380.00 awarded to landlord

What type of tenancy dispute was case 4578089?

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

Where can I read the official tribunal order for case 4578089?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/9442700-Tenancy_Tribunal_Order.pdf.

69G Woodward Road, Mount Albert, Auckland 1025 Tenancy Tribunal Case 4578089 — Cleanliness

Reasons

Claims and awards in Tenancy Tribunal application 4578089 — net $1,844.19 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Cleaning	$300.00	Cleaning
Rubbish removal and repairs	$1,380.00	Rubbish removal and repairs
Lock/key replacement	$143.75	Lock/key replacement
Filing fee reimbursement	$20.44	Filing fee reimbursement
Net award	$1,844.19
Total payable by Tenant to Landlord	$1,844.19

Only the landlord attended the hearing, represented by Ms Zhang.

The tenancy began on 1 July 2022 and was a for a fixed term expiring on 1 July 2023. However the tenant moved out on 5 April 2023, the landlord accepted her notice and took possession. The Tribunal made an order on 17 May 2023 that the tenant should pay 28 days rent in lieu of notice, to 3 May 2023. A new tenant then moved in on 11 May.

The landlord has applied for compensation for cleaning, rubbish removal and minor repairs, locks and keys, a break lease fee and reimbursement of the filing fee.

Is the tenant liable?

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.

A tenant is also liable for that damage to the premises that the landlord proves 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 tenant did not leave the premises reasonably clean and tidy, and did not remove all rubbish.

The tenant did not do any cleaning at all. The landlord produced an invoice for cleaning and some minor rubbish removal in the amount of $500.00. Having viewed the ingoing and outgoing inspection photos I order that the liable for the amount of $300.00, as some additional cleaning is usually required at the end of a tenancy and the tenant should not be liable for that.

The tenant left a very large amount of large rubbish items including broken furniture and old beds. The landlord also produced photos showing a sliding wardrobe door had come of its runners, the smoke alarm was missing and that two ceiling light shades had been removed.

The landlord produced an invoice in the amount of $1250 (excluding GST) which included $1000 (excluding GST) for rubbish removal, and $250 (excluding GST) for the repair of a double sliding door, replacement of the missing smoke alarm and installing two ceiling light shades which were found to be missing.

These claims are proven however I have made a deduction of $50 for the replacement of the ceiling lights as these appeared to be very old at the start of the tenancy and, taking into account betterment and depreciation, likely have no value.

I order payment of the balance of the invoice, being $1200 (excluding GST) which comes to $1380 including GST.

The tenant did not return the keys. The landlord produced an invoice in the amount of $143.75.

The landlord also sought payment of a “break lease” fee in the amount of $500 as the tenant left the fixed term two months early.

A landlord who agrees to end a fixed term tenancy early is entitled to recover any expenses reasonably incurred by the landlord in respect of the early termination (section 44A Residential Tenancies Act 1986). In that situation the landlord should also provide an itemised account of the expenses to the tenant. It is not permissible to charge fixed costs. There was no evidence before me of the actual expenses incurred and so I am unable to find this claim proven. The claim for the break lease fee is dismissed.

Because Ihome Property Management Limited As Agent For Jing Yu has substantially succeeded with the claim I have reimbursed the filing fee of $20.44.

Claims and awards in Tenancy Tribunal application 4578089 — net $1,844.19 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Cleaning	$300.00	Cleaning
Rubbish removal and repairs	$1,380.00	Rubbish removal and repairs
Lock/key replacement	$143.75	Lock/key replacement
Filing fee reimbursement	$20.44	Filing fee reimbursement
Net award	$1,844.19
Total payable by Tenant to Landlord	$1,844.19

Order

Lareece Lovey May Tapihiko Manaia must pay Ihome Property Management Limited as agent for Jing Yu $1,844.19 immediately, calculated as shown in table below.

Reasons

Only the landlord attended the hearing, represented by Ms Zhang.
The tenancy began on 1 July 2022 and was a for a fixed term expiring on 1 July 2023. However the tenant moved out on 5 April 2023, the landlord accepted her notice and took possession. The Tribunal made an order on 17 May 2023 that the tenant should pay 28 days rent in lieu of notice, to 3 May 2023. A new tenant then moved in on 11 May.
The landlord has applied for compensation for cleaning, rubbish removal and minor repairs, locks and keys, a break lease fee and reimbursement of the filing fee.

Is the tenant liable?

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.
A tenant is also liable for that damage to the premises that the landlord proves 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 tenant did not leave the premises reasonably clean and tidy, and did not remove all rubbish.
The tenant did not do any cleaning at all. The landlord produced an invoice for cleaning and some minor rubbish removal in the amount of $500.00. Having viewed the ingoing and outgoing inspection photos I order that the liable for the amount of $300.00, as some additional cleaning is usually required at the end of a tenancy and the tenant should not be liable for that.
The tenant left a very large amount of large rubbish items including broken furniture and old beds. The landlord also produced photos showing a sliding wardrobe door had come of its runners, the smoke alarm was missing and that two ceiling light shades had been removed.
The landlord produced an invoice in the amount of $1250 (excluding GST) which included $1000 (excluding GST) for rubbish removal, and $250 (excluding GST) for the repair of a double sliding door, replacement of the missing smoke alarm and installing two ceiling light shades which were found to be missing.
These claims are proven however I have made a deduction of $50 for the replacement of the ceiling lights as these appeared to be very old at the start of the tenancy and, taking into account betterment and depreciation, likely have no value.
I order payment of the balance of the invoice, being $1200 (excluding GST) which comes to $1380 including GST.
The tenant did not return the keys. The landlord produced an invoice in the amount of $143.75.
The landlord also sought payment of a “break lease” fee in the amount of $500 as the tenant left the fixed term two months early.
A landlord who agrees to end a fixed term tenancy early is entitled to recover any expenses reasonably incurred by the landlord in respect of the early termination (section 44A Residential Tenancies Act 1986). In that situation the landlord should also provide an itemised account of the expenses to the tenant. It is not permissible to charge fixed costs. There was no evidence before me of the actual expenses incurred and so I am unable to find this claim proven. The claim for the break lease fee is dismissed.
Because Ihome Property Management Limited As Agent For Jing Yu has substantially succeeded with the claim I have reimbursed the filing fee of $20.44.

Tenancy Tribunal case 4578089 — Cleanliness at 69G Woodward Road, Mount Albert, Auckland 1025

At a glance

Tenancy Tribunal case 4578089 — Cleanliness at 69G Woodward Road, Mount Albert, Auckland 1025

At a glance

Award balance

Claims & awards

Dismissed claims

Order

Reasons

Is the tenant liable?

Topics & place

Residential Tenancies Act sections

Key findings

Property management

Frequently asked questions

Award balance

Claims & awards

Dismissed claims

Order

Reasons

Is the tenant liable?

Topics & place

Residential Tenancies Act sections

Key findings

Property management

Frequently asked questions