What was Tenancy Tribunal case 4655149 about?

The tribunal order states: [The tenant/s] and [The tenant/s] must pay [The landlord/s] and [The landlord/s] $2,380.74 immediately, calculated as shown in table below.

How much money was awarded in case 4655149?

Cleaning: $950.00 awarded to landlord; Filing Fee: $20.44 awarded to landlord; Walls: $1,273.40 awarded to landlord; Rubbish Removal: $136.90 awarded to landlord

What type of tenancy dispute was case 4655149?

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

Where can I read the official tribunal order for case 4655149?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/10303387-Tribunal_Order.pdf.

What was Tenancy Tribunal case 4655149 about?

The tribunal order states: [The tenant/s] and [The tenant/s] must pay [The landlord/s] and [The landlord/s] $2,380.74 immediately, calculated as shown in table below.

How much money was awarded in case 4655149?

Cleaning: $950.00 awarded to landlord; Filing Fee: $20.44 awarded to landlord; Walls: $1,273.40 awarded to landlord; Rubbish Removal: $136.90 awarded to landlord

What type of tenancy dispute was case 4655149?

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

Where can I read the official tribunal order for case 4655149?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/10303387-Tribunal_Order.pdf.

542 No 1 Road, Te Puke, RD 2, Te Puke 3182 Tenancy Tribunal Case 4655149 — Property damage

Reasons

Claims and awards in Tenancy Tribunal application 4655149 — net $2,380.74 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Cleaning	$950.00	Cleaning
Rubbish removal	$136.90	Rubbish removal
Repairs: Walls	$1,273.40	Repairs: Walls
Filing fee reimbursement	$20.44	Filing fee reimbursement
Net award	$2,380.74
Total payable by Tenant to Landlord	$2,380.74

The landlord attended the hearing. The tenant did not attend the hearing.

The tenant [The tenant/s] had sought an adjournment as he was unable to attend the hearing due to work commitments. Later he withdrew his request for an adjournment.

The landlord has applied for cleaning, rubbish removal and repairs following the end of the tenancy.

The parties were in the Tribunal in 2023 and an order 1 was made for rent arrears in favour of the landlord, and in favour of the tenant compensation was awarded for the unlawful residential premises and for power.

At the hearing the landlord produced photographs and videos taken on 3 August 2023 showing the premises which were left in a considerably unclean state with a lot of rubbish.

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 landlord produced a cleaning invoice for $2,990.00. The premises is a two- bedroom unit. The cleaning invoice is excessive given the size of the premises.

The landlord advised that much of the cleaning was because there was a lot of mould on the walls and ceiling in the premises. I note that the order made on 21 July 2023 states, “I find it more likely than not that the mould can be attributed to lack of heating, insulation and water penetration, rather than the tenants failing to ventilate. 2

In the circumstances the tenant cannot be responsible for the mould at the end of the tenancy. I have therefore reduced the cleaning claim to what I consider is a reasonable amount given the evidence produced. I award $950.00 for cleaning.

The landlord removed a full trailer load of rubbish, and that cost is also awarded.

The landlord claimed for damage to the walls in the toilet and shower. The walls are made of hardboard.

The landlord produced a quote for repairs totalling $5,265.16. The quote included work beyond repairing the walls. The quote includes the cost of the replacement wallboards being $398.40. The amount quoted for labour is $3,500.00. Given that the quote is for more than the damage to the walls I calculate the award against the tenant as the cost of the wallboards and one quarter of the labour cost which amounts to $1,273.40.

I note that the tenant had submitted a video of the premises prior to the hearing. In that video there is damage to gib board in the lounge area. The landlord acknowledged that the tenants were not responsible for that damage. For 1 TT Order 4492560 2 TT Order 4492560, paragraph 20 clarity the award for damage to the walls does not include the wall damage in the lounge.

Because [The landlord/s], [The landlord/s] has substantially succeeded with the claim I have reimbursed the filing fee.

Claims and awards in Tenancy Tribunal application 4655149 — net $2,380.74 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Cleaning	$950.00	Cleaning
Rubbish removal	$136.90	Rubbish removal
Repairs: Walls	$1,273.40	Repairs: Walls
Filing fee reimbursement	$20.44	Filing fee reimbursement
Net award	$2,380.74
Total payable by Tenant to Landlord	$2,380.74

Order

[The tenant/s] and [The tenant/s] must pay [The landlord/s] and [The landlord/s] $2,380.74 immediately, calculated as shown in table below.

Reasons

The landlord attended the hearing. The tenant did not attend the hearing.
The tenant [The tenant/s] had sought an adjournment as he was unable to attend the hearing due to work commitments. Later he withdrew his request for an adjournment.
The landlord has applied for cleaning, rubbish removal and repairs following the end of the tenancy.
The parties were in the Tribunal in 2023 and an order 1 was made for rent arrears in favour of the landlord, and in favour of the tenant compensation was awarded for the unlawful residential premises and for power.
At the hearing the landlord produced photographs and videos taken on 3 August 2023 showing the premises which were left in a considerably unclean state with a lot of rubbish.
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 landlord produced a cleaning invoice for $2,990.00. The premises is a two- bedroom unit. The cleaning invoice is excessive given the size of the premises.
The landlord advised that much of the cleaning was because there was a lot of mould on the walls and ceiling in the premises. I note that the order made on 21 July 2023 states, “I find it more likely than not that the mould can be attributed to lack of heating, insulation and water penetration, rather than the tenants failing to ventilate. 2
In the circumstances the tenant cannot be responsible for the mould at the end of the tenancy. I have therefore reduced the cleaning claim to what I consider is a reasonable amount given the evidence produced. I award $950.00 for cleaning.
The landlord removed a full trailer load of rubbish, and that cost is also awarded.
The landlord claimed for damage to the walls in the toilet and shower. The walls are made of hardboard.
The landlord produced a quote for repairs totalling $5,265.16. The quote included work beyond repairing the walls. The quote includes the cost of the replacement wallboards being $398.40. The amount quoted for labour is $3,500.00. Given that the quote is for more than the damage to the walls I calculate the award against the tenant as the cost of the wallboards and one quarter of the labour cost which amounts to $1,273.40.
I note that the tenant had submitted a video of the premises prior to the hearing. In that video there is damage to gib board in the lounge area. The landlord acknowledged that the tenants were not responsible for that damage. For 1 TT Order 4492560 2 TT Order 4492560, paragraph 20 clarity the award for damage to the walls does not include the wall damage in the lounge.
Because [The landlord/s], [The landlord/s] has substantially succeeded with the claim I have reimbursed the filing fee.

Tenancy Tribunal case 4655149 — Property damage at 542 No 1 Road, Te Puke, RD 2, Te Puke 3182

At a glance

Tenancy Tribunal case 4655149 — Property damage at 542 No 1 Road, Te Puke, RD 2, Te Puke 3182

At a glance

Award balance

Claims & awards

Order

Reasons

Topics & place

Residential Tenancies Act sections

Key findings

Frequently asked questions

Award balance

Claims & awards

Order

Reasons

Topics & place

Residential Tenancies Act sections

Key findings

Frequently asked questions