What was the outcome of Tenancy Tribunal case 4627869?

The tribunal order states: Kelly Martin Taipeti must pay City Sales Limited As Agent For Jeremy Slee

How much money was awarded in case 4627869?

Cleaning: $414.00 awarded to landlord; Filing Fee: $20.44 awarded to landlord; Property Damage: $381.42 awarded to landlord; Rubbish Removal: $327.75 awarded to landlord

What type of tenancy dispute was case 4627869?

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

Where can I read the official tribunal order for case 4627869?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/9654258-Tenancy_Tribunal_Order.pdf.

What was the outcome of Tenancy Tribunal case 4627869?

The tribunal order states: Kelly Martin Taipeti must pay City Sales Limited As Agent For Jeremy Slee

How much money was awarded in case 4627869?

Cleaning: $414.00 awarded to landlord; Filing Fee: $20.44 awarded to landlord; Property Damage: $381.42 awarded to landlord; Rubbish Removal: $327.75 awarded to landlord

What type of tenancy dispute was case 4627869?

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

Where can I read the official tribunal order for case 4627869?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/9654258-Tenancy_Tribunal_Order.pdf.

Flat 2C, 11 Howe Street, Freemans Bay, Auckland 1011, Tenancy Tribunal Case 4627869 — Cleanliness

Reasons

. All other claims are dismissed. DescriptionLandlord Cleaning$414.00 Rubbish removal$327.75 Lock/key/swipe card replacement$381.42 Filing fee reimbursement$20.44 Total award$1,143.61 REASONS:

Claims and awards in Tenancy Tribunal application 4627869. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Cleaning	$414.00	Cleaning
Rubbish removal	$327.75	Rubbish removal
Lock/key/swipe card replacement	$381.42	Lock/key/swipe card replacement
Filing fee reimbursement	$20.44	Filing fee reimbursement

Valentina Quattrini of City Sales Limited attended the hearing for the landlord.

The tenant did not attend. The Tribunal’s file indicates the Tribunal sent the notice of hearing and hearing date reminders to the tenant. The hearing proceeded in their absence.

The landlord has applied for compensation and reimbursement of the filing fee following the end of the tenancy.

The issues for determination are whether the tenant met their end of tenancy obligations and whether the tenant is liable for damage to the premises.

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. 1

The tenant did not leave the premises reasonably clean and tidy and did not remove all rubbish.

The tenant did not return the keys or his swipe card.

The amounts ordered are proved.

Is the tenant responsible for the damage to the premises?

The landlord claimed that the tenant damaged the kitchen cabinetry’s doors and drawers.

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. 2

Tenants are liable for the cost of repairing damage that is intentional or which results from any activity at the premises that is an imprisonable offence. This applies to anything the tenant does and anything done by a person they are responsible for. 3

Damage is intentional where a person intends to cause damage and takes the necessary steps to achieve that purpose. Damage is also intentional where a person does something, or allows a situation to continue, knowing that damage is a certainty. 4 1 40(1)(e)(ii)-(v) of the Residential Tenancies Act 1986 (RTA). 2 RTA, ss 40(2)(a), 41, and 49B. 3 RTA, s 49B(1). 4 See Guo v Korck [2019] NZHC 1541.

The photographs indicate that one or more of the drawers has come off its runners and the front facing is pulling away from the drawer sides. One of the cabinet cupboard’s doors looks to be coming away from one of its hinges.

The tenancy began on 21 April 2021 and ended about two years later on 27 June 2023. The tenant kept to himself in that time and there is no evidence there were any complaints about him during that time. Nor are there any tell-tale signs that the tenant was careless or rough in his use of the premises, such as holes in walls that may have been caused by punches or kicks, or breakages that were likely due to excessive force. The kind of damage seen here can occur through ordinary use. Given the length of the tenancy that seems plausible.

Therefore, I am not satisfied on the balance of probabilities that the damage here was more than fair wear and tear.

The claim for compensation for damage is dismissed. Filing fee

The landlord has been largely successful in his claim. The Tribunal therefore orders the tenant to reimburse the landlord for the filing fee.

Claims and awards in Tenancy Tribunal application 4627869. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Cleaning	$414.00	Cleaning
Rubbish removal	$327.75	Rubbish removal
Lock/key/swipe card replacement	$381.42	Lock/key/swipe card replacement
Filing fee reimbursement	$20.44	Filing fee reimbursement

Order

Kelly Martin Taipeti must pay City Sales Limited As Agent For Jeremy Slee Trustee For Alexander Trust $1,143.61 immediately, calculated as shown in table below.
The claims is allowed as set out in this order and its

Reasons

. All other claims are dismissed. DescriptionLandlord Cleaning$414.00 Rubbish removal$327.75 Lock/key/swipe card replacement$381.42 Filing fee reimbursement$20.44 Total award$1,143.61 REASONS:

Valentina Quattrini of City Sales Limited attended the hearing for the landlord.
The tenant did not attend. The Tribunal’s file indicates the Tribunal sent the notice of hearing and hearing date reminders to the tenant. The hearing proceeded in their absence.
The landlord has applied for compensation and reimbursement of the filing fee following the end of the tenancy.
The issues for determination are whether the tenant met their end of tenancy obligations and whether the tenant is liable for damage to the premises.

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. 1
The tenant did not leave the premises reasonably clean and tidy and did not remove all rubbish.
The tenant did not return the keys or his swipe card.
The amounts ordered are proved.

Is the tenant responsible for the damage to the premises?

The landlord claimed that the tenant damaged the kitchen cabinetry’s doors and drawers.
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. 2
Tenants are liable for the cost of repairing damage that is intentional or which results from any activity at the premises that is an imprisonable offence. This applies to anything the tenant does and anything done by a person they are responsible for. 3
Damage is intentional where a person intends to cause damage and takes the necessary steps to achieve that purpose. Damage is also intentional where a person does something, or allows a situation to continue, knowing that damage is a certainty. 4 1 40(1)(e)(ii)-(v) of the Residential Tenancies Act 1986 (RTA). 2 RTA, ss 40(2)(a), 41, and 49B. 3 RTA, s 49B(1). 4 See Guo v Korck [2019] NZHC 1541.
The photographs indicate that one or more of the drawers has come off its runners and the front facing is pulling away from the drawer sides. One of the cabinet cupboard’s doors looks to be coming away from one of its hinges.
The tenancy began on 21 April 2021 and ended about two years later on 27 June 2023. The tenant kept to himself in that time and there is no evidence there were any complaints about him during that time. Nor are there any tell-tale signs that the tenant was careless or rough in his use of the premises, such as holes in walls that may have been caused by punches or kicks, or breakages that were likely due to excessive force. The kind of damage seen here can occur through ordinary use. Given the length of the tenancy that seems plausible.
Therefore, I am not satisfied on the balance of probabilities that the damage here was more than fair wear and tear.
The claim for compensation for damage is dismissed. Filing fee
The landlord has been largely successful in his claim. The Tribunal therefore orders the tenant to reimburse the landlord for the filing fee.

Tenancy Tribunal case 4627869 — Cleanliness at Flat 2C, 11 Howe Street, Freemans Bay, Auckland 1011,

At a glance

Tenancy Tribunal case 4627869 — Cleanliness at Flat 2C, 11 Howe Street, Freemans Bay, Auckland 1011,

At a glance

Claims & awards

Dismissed claims

Order

Reasons

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

Claims & awards

Dismissed claims

Order

Reasons

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