How much money was awarded in case 4630211?

Cleaning: $454.25 awarded to landlord; Filing Fee: $20.44 awarded to landlord; Previous Order Application 4588931 D…: $877.01 awarded to landlord; Property Damage: $422.63 awarded to landlord; Rubbish Removal: $70.00 awarded to landlord; Tip Fees: $56.58 awarded to landlord

What type of tenancy dispute was case 4630211?

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

Where can I read the official tribunal order for case 4630211?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/9393424-Tenancy_Tribunal_Order.pdf.

How much money was awarded in case 4630211?

Cleaning: $454.25 awarded to landlord; Filing Fee: $20.44 awarded to landlord; Previous Order Application 4588931 D…: $877.01 awarded to landlord; Property Damage: $422.63 awarded to landlord; Rubbish Removal: $70.00 awarded to landlord; Tip Fees: $56.58 awarded to landlord

What type of tenancy dispute was case 4630211?

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

Where can I read the official tribunal order for case 4630211?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/9393424-Tenancy_Tribunal_Order.pdf.

5 Seddon Street, Masterton, Masterton 5810 Tenancy Tribunal Case 4630211 — Cleanliness

Q: What was the outcome of Tenancy Tribunal case 4630211?

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

Order

Claims and awards in Tenancy Tribunal application 4630211 — net $1,900.91 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Previous order application 4588931 dated 04/07/2023	$877.01	Previous order application 4588931 dated 04/07/2023
Cleaning	$454.25	Cleaning
Repairs	$422.63	Repairs
Rubbish removal	$70.00	Rubbish removal
Tip fees	$56.58	Tip fees
Filing fee reimbursement	$20.44	Filing fee reimbursement
Net award	$1,900.91
Total payable by Tenant to Landlord	$1,900.91

No application for suppression has been made in this case and no suppression orders apply around publication of this decision.

Jamie Dale Henry Clark must pay Lifestyle Property Management Wairarapa Limited $1,900.91 immediately, calculated as shown in table below:

This order incorporates the Tribunal order made on 4 July 2023 under application 4588931.

Reasons

The Tribunal must consider an application filed by the landlord and the relevant law that applies is found in the Residential Tenancies Act 1986 (“RTA”). DescriptionLandlord Previous order application 4588931 dated 04/07/2023 $877.01 Cleaning$454.25 Repairs$422.63 Rubbish removal$70.00 Tip fees$56.58 Filing fee reimbursement$20.44 Total award$1,900.91 Total payable by Tenant to Landlord$1,900.91

Only the landlord appeared at the hearing. I am satisfied that the tenant has been property notified of the hearing, and therefore I will proceed to consider the claim in their absence.

RENT ARREARS

The landlord has received a previous order from the Tribunal for rent arrears. Following release of the bond, the tenant was ordered to pay a further $877.01. The landlord reports this amount has not been paid. It is sensible that I combine that order into this current order, so the landlords only enforce this current order if needed.

CLEANING AND RUBBISH REMOVAL

The Residential Tenancies Act 1986 (RTA) requires that the landlord provide the premises to the tenant at the start of the tenancy in a reasonable state of cleanliness (s45(1)(a)), and there is an equivalent obligation on the tenant to return the premises: ...in a reasonably clean and reasonably tidy condition, and remove or arrange for the removal from the premises of all rubbish.

Based on the evidence available, I am satisfied that the tenant has not returned the premises to the landlord reasonably clean and tidy, therefore the tenant is liable for the cleaning and rubbish removal costs. Those are supported by invoices and ordered in full.

COMPENSATION

The landlord claims compensation for a sizeable hole in an internal plasterboard wall.

With any claim for compensation, to receive an order the party must incur a loss. In short the compensation is intended as best money can do, to compensate for the actual loss incurred.

Where a landlord claims compensation for damage caused by a tenant, the landlord must firstly prove the damage 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.

Where the damage is caused carelessly, the tenant's liability is limited to the lesser of the insurance excess or four weeks' rent.

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.

Considering the photograph of the hole, it is certainly not fair wear and tear. The tenant has not proven the hole was caused anything other than carelessly or intentionally. The repair cost is ordered in full.

FILING FEE

Because the applicant has been wholly successful in their application, I must award the filing paid to commence the proceeding in the Tribunal, which is $20.44.

Claims and awards in Tenancy Tribunal application 4630211 — net $1,900.91 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Previous order application 4588931 dated 04/07/2023	$877.01	Previous order application 4588931 dated 04/07/2023
Cleaning	$454.25	Cleaning
Repairs	$422.63	Repairs
Rubbish removal	$70.00	Rubbish removal
Tip fees	$56.58	Tip fees
Filing fee reimbursement	$20.44	Filing fee reimbursement
Net award	$1,900.91
Total payable by Tenant to Landlord	$1,900.91

Order

No application for suppression has been made in this case and no suppression orders apply around publication of this decision.
Jamie Dale Henry Clark must pay Lifestyle Property Management Wairarapa Limited $1,900.91 immediately, calculated as shown in table below:
This order incorporates the Tribunal order made on 4 July 2023 under application 4588931.

Reasons

The Tribunal must consider an application filed by the landlord and the relevant law that applies is found in the Residential Tenancies Act 1986 (“RTA”). DescriptionLandlord Previous order application 4588931 dated 04/07/2023 $877.01 Cleaning$454.25 Repairs$422.63 Rubbish removal$70.00 Tip fees$56.58 Filing fee reimbursement$20.44 Total award$1,900.91 Total payable by Tenant to Landlord$1,900.91
Only the landlord appeared at the hearing. I am satisfied that the tenant has been property notified of the hearing, and therefore I will proceed to consider the claim in their absence.

RENT ARREARS

The landlord has received a previous order from the Tribunal for rent arrears. Following release of the bond, the tenant was ordered to pay a further $877.01. The landlord reports this amount has not been paid. It is sensible that I combine that order into this current order, so the landlords only enforce this current order if needed.

CLEANING AND RUBBISH REMOVAL

The Residential Tenancies Act 1986 (RTA) requires that the landlord provide the premises to the tenant at the start of the tenancy in a reasonable state of cleanliness (s45(1)(a)), and there is an equivalent obligation on the tenant to return the premises: ...in a reasonably clean and reasonably tidy condition, and remove or arrange for the removal from the premises of all rubbish.
Based on the evidence available, I am satisfied that the tenant has not returned the premises to the landlord reasonably clean and tidy, therefore the tenant is liable for the cleaning and rubbish removal costs. Those are supported by invoices and ordered in full.

COMPENSATION

The landlord claims compensation for a sizeable hole in an internal plasterboard wall.
With any claim for compensation, to receive an order the party must incur a loss. In short the compensation is intended as best money can do, to compensate for the actual loss incurred.
Where a landlord claims compensation for damage caused by a tenant, the landlord must firstly prove the damage 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.
Where the damage is caused carelessly, the tenant's liability is limited to the lesser of the insurance excess or four weeks' rent.
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.
Considering the photograph of the hole, it is certainly not fair wear and tear. The tenant has not proven the hole was caused anything other than carelessly or intentionally. The repair cost is ordered in full.

FILING FEE

Because the applicant has been wholly successful in their application, I must award the filing paid to commence the proceeding in the Tribunal, which is $20.44.

Tenancy Tribunal case 4630211 — Cleanliness at 5 Seddon Street, Masterton, Masterton 5810

At a glance

Tenancy Tribunal case 4630211 — Cleanliness at 5 Seddon Street, Masterton, Masterton 5810

At a glance

Award balance

Claims & awards

Order

Reasons

RENT ARREARS

CLEANING AND RUBBISH REMOVAL

COMPENSATION

FILING FEE

Topics & place

Residential Tenancies Act sections

Key findings

Property management

Frequently asked questions

Award balance

Claims & awards

Order

Reasons

RENT ARREARS

CLEANING AND RUBBISH REMOVAL

COMPENSATION

FILING FEE

Topics & place

Residential Tenancies Act sections

Key findings

Property management

Frequently asked questions