What was Tenancy Tribunal case 4644489 about?

This case concerned a cleanliness dispute. The net award was $769.74.

How much money was awarded in case 4644489?

Cleaning: $400.00 awarded to landlord; Filing Fee: $20.44 awarded to landlord; Paint And Cupboards: $200.00 awarded to landlord; Washing Line: $50.00 awarded to landlord; Water Rates: $99.30 awarded to landlord

What type of tenancy dispute was case 4644489?

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

Where can I read the official tribunal order for case 4644489?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/10345936-Tribunal_Order_Redacted.pdf.

What was Tenancy Tribunal case 4644489 about?

This case concerned a cleanliness dispute. The net award was $769.74.

How much money was awarded in case 4644489?

Cleaning: $400.00 awarded to landlord; Filing Fee: $20.44 awarded to landlord; Paint And Cupboards: $200.00 awarded to landlord; Washing Line: $50.00 awarded to landlord; Water Rates: $99.30 awarded to landlord

What type of tenancy dispute was case 4644489?

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

Where can I read the official tribunal order for case 4644489?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/10345936-Tribunal_Order_Redacted.pdf.

117A Henderson Valley Road, Henderson, Auckland 0612 Tenancy Tribunal Case 4644489 — Cleanliness

Tenantcheck Insights

117A Henderson Valley Road, Henderson, Auckland 0612 Tenancy Tribunal Case 4644489 — Cleanliness | 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 4644489 — net $769.74 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Cleaning	$400.00	Cleaning
Repairs: Paint and cupboards	$200.00	Repairs: Paint and cupboards
Repairs: Washing Line	$50.00	Repairs: Washing Line
Water rates	$99.30	Water rates
Filing fee reimbursement	$20.44	Filing fee reimbursement
Net award	$769.74
Total payable by Tenant to Landlord	$769.74

Claims and awards for application 4644489 — net $769.74 NZD. Verify on MoJ.

Cleaning

Amount: $400.00
Awarded to: Landlord
Reason: Cleaning

Repairs: Paint and cupboards

Amount: $200.00
Awarded to: Landlord
Reason: Repairs: Paint and cupboards

Repairs: Washing Line

Amount: $50.00
Awarded to: Landlord
Reason: Repairs: Washing Line

Water rates

Amount: $99.30
Awarded to: Landlord
Reason: Water rates

Filing fee reimbursement

Amount: $20.44
Awarded to: Landlord
Reason: Filing fee reimbursement

Claim types — money lines allowed on this order

Cleanliness Filing Fee Property damage Water Rates

Order

Reasons

The landlord attended the hearing; the tenant did not.
The landlord has applied for rent arrears, compensation, damages and reimbursement of the filing fee following the end of the tenancy.

How much is owed for water rates?

The tenancy ended on 09 July 2023. The landlord provided one water rates invoice dated 10 July 2023 which proves the water rates owing at the end of the tenancy as $99.30.
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. Photographs show the tenant left personal belongings behind at the end of the tenancy. An invoice for $1,380.00 for deep cleaning the whole property was provided by the landlord.
Deep cleaning goes beyond a tenant’s responsibilities at the end of a tenancy. I consider $400.00 is an appropriate amount for cleaning to return the property to the standard required of a tenant at the end of the tenancy.
The amount ordered is 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.
The landlord provided many photos that show some damage to walls that goes beyond fair wear and tear, some belongings in the property, and a broken washing line.
One invoice was provided by the landlord covering trash removal, cupboard repair, washing line repair and repairs to paint work. It was not possible for the landlord to break down the respective parts of this invoice or explain what amount covered fair wear and tear and what part covered careless damage.
The landlord submitted the property was less than five years old at the beginning of the tenancy, and the tenancy lasted just over one year.
I award $200.00 for painting costs.
Repairs to the washing line and cupboard, and the cost of dumping the trash are not proved.
I have taken into account betterment and depreciation. The landlord should 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 depreciation, I have taken into account the age and condition of the items at the start of the tenancy and their likely useful lifespan.
Because has substantially succeeded with the claim I have reimbursed the filing fee.
The landlord applied for a name suppression order. The landlord is entitled to name suppression as the application is successful – see section 95A RTA.

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 4644489 — net $769.74 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Cleaning	$400.00	Cleaning
Repairs: Paint and cupboards	$200.00	Repairs: Paint and cupboards
Repairs: Washing Line	$50.00	Repairs: Washing Line
Water rates	$99.30	Water rates
Filing fee reimbursement	$20.44	Filing fee reimbursement
Net award	$769.74
Total payable by Tenant to Landlord	$769.74

Claims and awards for application 4644489 — net $769.74 NZD. Verify on MoJ.

Cleaning

Amount: $400.00
Awarded to: Landlord
Reason: Cleaning

Repairs: Paint and cupboards

Amount: $200.00
Awarded to: Landlord
Reason: Repairs: Paint and cupboards

Repairs: Washing Line

Amount: $50.00
Awarded to: Landlord
Reason: Repairs: Washing Line

Water rates

Amount: $99.30
Awarded to: Landlord
Reason: Water rates

Filing fee reimbursement

Amount: $20.44
Awarded to: Landlord
Reason: Filing fee reimbursement

Claim types — money lines allowed on this order

Cleanliness Filing Fee Property damage Water Rates

Order

Reasons

The landlord attended the hearing; the tenant did not.
The landlord has applied for rent arrears, compensation, damages and reimbursement of the filing fee following the end of the tenancy.

How much is owed for water rates?

The tenancy ended on 09 July 2023. The landlord provided one water rates invoice dated 10 July 2023 which proves the water rates owing at the end of the tenancy as $99.30.
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. Photographs show the tenant left personal belongings behind at the end of the tenancy. An invoice for $1,380.00 for deep cleaning the whole property was provided by the landlord.
Deep cleaning goes beyond a tenant’s responsibilities at the end of a tenancy. I consider $400.00 is an appropriate amount for cleaning to return the property to the standard required of a tenant at the end of the tenancy.
The amount ordered is 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.
The landlord provided many photos that show some damage to walls that goes beyond fair wear and tear, some belongings in the property, and a broken washing line.
One invoice was provided by the landlord covering trash removal, cupboard repair, washing line repair and repairs to paint work. It was not possible for the landlord to break down the respective parts of this invoice or explain what amount covered fair wear and tear and what part covered careless damage.
The landlord submitted the property was less than five years old at the beginning of the tenancy, and the tenancy lasted just over one year.
I award $200.00 for painting costs.
Repairs to the washing line and cupboard, and the cost of dumping the trash are not proved.
I have taken into account betterment and depreciation. The landlord should 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 depreciation, I have taken into account the age and condition of the items at the start of the tenancy and their likely useful lifespan.
Because has substantially succeeded with the claim I have reimbursed the filing fee.
The landlord applied for a name suppression order. The landlord is entitled to name suppression as the application is successful – see section 95A RTA.

Tenancy Tribunal case 4644489 — Cleanliness at 117A Henderson Valley Road, Henderson, Auckland 0612

At a glance

Tenancy Tribunal case 4644489 — Cleanliness at 117A Henderson Valley Road, Henderson, Auckland 0612

At a glance

Award balance

Claims & awards

Order

Reasons

How much is owed for water rates?

Is the tenant responsible for the damage to the premises?

Topics & place

Residential Tenancies Act sections

Key findings

Frequently asked questions

Award balance

Claims & awards

Order

Reasons

How much is owed for water rates?

Is the tenant responsible for the damage to the premises?

Topics & place

Residential Tenancies Act sections

Key findings

Frequently asked questions