What was the outcome of Tenancy Tribunal case 4615577?

The tribunal order states: Aliza Georgia Beckett and Arran Remy McLachlan to pay Onecall Property

How much money was awarded in case 4615577?

Cleaning: $350.00 awarded to landlord; Lawns and Garden Work: $80.00 awarded to landlord; Property Damage: $499.50 awarded to landlord; Walls: $300.00 awarded to landlord; Rubbish Removal: $250.00 awarded to landlord; Water Rates: $123.34 awarded to landlord

What type of tenancy dispute was case 4615577?

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

Where can I read the official tribunal order for case 4615577?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/9880438-Tribunal_Order.pdf.

What was the outcome of Tenancy Tribunal case 4615577?

The tribunal order states: Aliza Georgia Beckett and Arran Remy McLachlan to pay Onecall Property

How much money was awarded in case 4615577?

Cleaning: $350.00 awarded to landlord; Lawns and Garden Work: $80.00 awarded to landlord; Property Damage: $499.50 awarded to landlord; Walls: $300.00 awarded to landlord; Rubbish Removal: $250.00 awarded to landlord; Water Rates: $123.34 awarded to landlord

What type of tenancy dispute was case 4615577?

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

Where can I read the official tribunal order for case 4615577?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/9880438-Tribunal_Order.pdf.

34 Shore Road, Remuera, Auckland 1050 Tenancy Tribunal Case 4615577 — Property damage

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34 Shore Road, Remuera, Auckland 1050 Tenancy Tribunal Case 4615577 — 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 4615577 — net $1,602.84 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Cleaning	$350.00	Cleaning
Rubbish removal: including part of skip bin hire	$250.00	Rubbish removal: including part of skip bin hire
Lawns and Garden work	$80.00	Lawns and Garden work
Lock/key replacement	$499.50	Lock/key replacement
Repairs: walls	$300.00	Repairs: walls
Water rates: (as per mediator’s order	$123.34	Water rates: (as per mediator’s order
Net award	$1,602.84
Bond	$3,279.56
Total payable by Tenant to Landlord	$1,602.84

Claims and awards for application 4615577 — net $1,602.84 NZD. Verify on MoJ.

Cleaning

Amount: $350.00
Awarded to: Landlord
Reason: Cleaning

Rubbish removal: including part of skip bin hire

Amount: $250.00
Awarded to: Landlord
Reason: Rubbish removal: including part of skip bin hire

Lawns and Garden work

Amount: $80.00
Awarded to: Landlord
Reason: Lawns and Garden work

Lock/key replacement

Amount: $499.50
Awarded to: Landlord
Reason: Lock/key replacement

Repairs: walls

Amount: $300.00
Awarded to: Landlord
Reason: Repairs: walls

Claim types — money lines allowed on this order

Cleanliness Lawns And Garden Work Property damage Rubbish Removal Water Rates

Order

Aliza Georgia Beckett and Arran Remy McLachlan to pay Onecall Property Management Limited As Agent For Dennis Cham $1,602.84 from the bond, calculated as shown in table below.
The Bond Centre is to pay the bond of $3,279.56 (3242767-006) immediately apportioned as follows: Onecall Property Management Limited As Agent For Dennis Cham: $1,602.84 Aliza Georgia Beckett and Arran Remy McLachlan: $1,676.72

Reasons

Both parties attended the hearing.
The landlord has applied for water rates, compensation and refund of the bond following the end of the tenancy.

How much is owed for water rates?

The parties agreed at mediation for water rates owing of $123.34 to be deducted from the bond.

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 amount awarded in favour of the landlord is based on the limited evidence of the state of uncleanliness at the premises at the end of the tenancy and what I consider the tenant to be liable to return the premises to a reasonably clean and tidy standard only.
The tenant did not return the keys and garage remote. The onus is on the tenant to show that keys and remotes provided were duly returned at the end of the tenancy; the tenant failed to discharge this onus of proof. It is insufficient for the tenant to just maintain that the keys had been placed inside a lock box unbeknownst to the landlord.
Only 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.
Some of the walls were damaged during the tenancy. The damage is more than fair wear and tear, and the tenant has not disproved liability for the damage to a small section of the walls.
The landlord’s claim for TV replacement costs is unsuccessful. The TV was not damaged as a result of the tenant’s negligence, carelessness or intentionally. It was stored at the garage which was later damaged due to flooding from adverse weather events which was no fault of the tenant.
Only 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 4615577 — net $1,602.84 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Cleaning	$350.00	Cleaning
Rubbish removal: including part of skip bin hire	$250.00	Rubbish removal: including part of skip bin hire
Lawns and Garden work	$80.00	Lawns and Garden work
Lock/key replacement	$499.50	Lock/key replacement
Repairs: walls	$300.00	Repairs: walls
Water rates: (as per mediator’s order	$123.34	Water rates: (as per mediator’s order
Net award	$1,602.84
Bond	$3,279.56
Total payable by Tenant to Landlord	$1,602.84

Claims and awards for application 4615577 — net $1,602.84 NZD. Verify on MoJ.

Cleaning

Amount: $350.00
Awarded to: Landlord
Reason: Cleaning

Rubbish removal: including part of skip bin hire

Amount: $250.00
Awarded to: Landlord
Reason: Rubbish removal: including part of skip bin hire

Lawns and Garden work

Amount: $80.00
Awarded to: Landlord
Reason: Lawns and Garden work

Lock/key replacement

Amount: $499.50
Awarded to: Landlord
Reason: Lock/key replacement

Repairs: walls

Amount: $300.00
Awarded to: Landlord
Reason: Repairs: walls

Claim types — money lines allowed on this order

Cleanliness Lawns And Garden Work Property damage Rubbish Removal Water Rates

Order

Aliza Georgia Beckett and Arran Remy McLachlan to pay Onecall Property Management Limited As Agent For Dennis Cham $1,602.84 from the bond, calculated as shown in table below.
The Bond Centre is to pay the bond of $3,279.56 (3242767-006) immediately apportioned as follows: Onecall Property Management Limited As Agent For Dennis Cham: $1,602.84 Aliza Georgia Beckett and Arran Remy McLachlan: $1,676.72

Reasons

Both parties attended the hearing.
The landlord has applied for water rates, compensation and refund of the bond following the end of the tenancy.

How much is owed for water rates?

The parties agreed at mediation for water rates owing of $123.34 to be deducted from the bond.

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 amount awarded in favour of the landlord is based on the limited evidence of the state of uncleanliness at the premises at the end of the tenancy and what I consider the tenant to be liable to return the premises to a reasonably clean and tidy standard only.
The tenant did not return the keys and garage remote. The onus is on the tenant to show that keys and remotes provided were duly returned at the end of the tenancy; the tenant failed to discharge this onus of proof. It is insufficient for the tenant to just maintain that the keys had been placed inside a lock box unbeknownst to the landlord.
Only 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.
Some of the walls were damaged during the tenancy. The damage is more than fair wear and tear, and the tenant has not disproved liability for the damage to a small section of the walls.
The landlord’s claim for TV replacement costs is unsuccessful. The TV was not damaged as a result of the tenant’s negligence, carelessness or intentionally. It was stored at the garage which was later damaged due to flooding from adverse weather events which was no fault of the tenant.
Only the amounts ordered are proved.

Tenancy Tribunal case 4615577 — Property damage at 34 Shore Road, Remuera, Auckland 1050

At a glance

Tenancy Tribunal case 4615577 — Property damage at 34 Shore Road, Remuera, Auckland 1050

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