What was the outcome of Tenancy Tribunal case 4665470?

The tribunal order states: Kylie Tabletha Kotara must pay Maranello Property Investments Limited

How much money was awarded in case 4665470?

Cleaning: $2,188.80 awarded to landlord; Filing Fee: $20.44 awarded to landlord; Lawns and Garden Work: $350.00 awarded to landlord; Property Damage: $135.00 awarded to landlord; Property Damage: $533.60 awarded to landlord; Replace Furnishings: Drapes: $804.00 awarded to landlord; Rubbish Removal: $74.66 awarded to landlord

What type of tenancy dispute was case 4665470?

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

Where can I read the official tribunal order for case 4665470?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/9576596-Tenancy_Tribunal_Order.pdf.

What was the outcome of Tenancy Tribunal case 4665470?

The tribunal order states: Kylie Tabletha Kotara must pay Maranello Property Investments Limited

How much money was awarded in case 4665470?

Cleaning: $2,188.80 awarded to landlord; Filing Fee: $20.44 awarded to landlord; Lawns and Garden Work: $350.00 awarded to landlord; Property Damage: $135.00 awarded to landlord; Property Damage: $533.60 awarded to landlord; Replace Furnishings: Drapes: $804.00 awarded to landlord; Rubbish Removal: $74.66 awarded to landlord

What type of tenancy dispute was case 4665470?

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

Where can I read the official tribunal order for case 4665470?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/9576596-Tenancy_Tribunal_Order.pdf.

480 Hereford Street, Linwood, Christchurch 8011 Tenancy Tribunal Case 4665470 — Cleanliness

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480 Hereford Street, Linwood, Christchurch 8011 Tenancy Tribunal Case 4665470 — 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 4665470 — net $4,106.50 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Window repairs	$135.00	Window repairs
Repairs: Heat pump louvre repair and remote control replacement	$533.60	Repairs: Heat pump louvre repair and remote control replacement
Rubbish removal	$74.66	Rubbish removal
Repairs and carpet cleaning	$2,188.80	Repairs and carpet cleaning
Lawns and Garden work	$350.00	Lawns and Garden work
Replace furnishings: Drapes	$804.00	Replace furnishings: Drapes
Filing fee reimbursement	$20.44	Filing fee reimbursement
Net award	$4,106.50
Total payable by Tenant to Landlord	$4,106.50

Claims and awards for application 4665470 — net $4,106.50 NZD. Verify on MoJ.

Window repairs

Amount: $135.00
Awarded to: Landlord
Reason: Window repairs

Repairs: Heat pump louvre repair and remote control replacement

Amount: $533.60
Awarded to: Landlord
Reason: Repairs: Heat pump louvre repair and remote control replacement

Rubbish removal

Amount: $74.66
Awarded to: Landlord
Reason: Rubbish removal

Repairs and carpet cleaning

Amount: $2,188.80
Awarded to: Landlord
Reason: Repairs and carpet cleaning

Lawns and Garden work

Amount: $350.00
Awarded to: Landlord
Reason: Lawns and Garden work

Claim types — money lines allowed on this order

Carpet Cleaning Filing Fee Lawns And Garden Work Property damage Rubbish Removal

Order

Kylie Tabletha Kotara must pay Maranello Property Investments Limited $4,106.50 immediately, calculated as shown in table below.

Reasons

Mr Loader and Ms Russell attended the hearing on behalf of the landlord. The tenant advised Tenancy Services, on the day of the hearing, that she was unable to attend.
The landlord has applied for compensation and reimbursement of the filing fee following the end of the tenancy.

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, and leave all chattels provided for their benefit under section 40(1)(e)(ii)-(v) of the Residential Tenancies Act 1986 (the Act).
The tenant did not leave the premises reasonably clean and tidy and did not remove all rubbish.
The landlord provided photographic and oral evidence, and invoices to show that the property required considerable work, both indoors and out, to bring it up to a reasonable standard. This included repeated carpet cleaning and multiple visits to the refuse station.
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 under sections 40(2)(a), 41 and 49B of the Act.
Damage was caused to the following areas during the tenancy: bathroom window glazing, heat pump louvres and remote control, internal door (removed), kitchen cabinetry, other joinery, walls throughout (holes and other damage), widow latch, bedroom power outlet, and drapes throughout.
The landlord provided photographic and oral evidence and invoices to prove the damage. It is more than fair wear and tear, and the tenant has not disproved liability for the damage.
The amounts ordered are 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.
The original drapes were recorded in the tenancy agreement as being new in May of 2019 (at the beginning of the tenancy). They appear, from the landlord’s photographs, to have been of reasonably good quality and fully lined. The landlord has chosen to replace the damaged drapes with a more cost-effective option from a chain store. The landlord has also purchased the replacement drapes at a significant discount (60%). As this is a greater discount than the depreciation I would have applied, I have not further depreciated the value of the drapes.
As Maranello Property Investments Limited has wholly succeeded with the claim I must reimburse the filing fee.

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 4665470 — net $4,106.50 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Window repairs	$135.00	Window repairs
Repairs: Heat pump louvre repair and remote control replacement	$533.60	Repairs: Heat pump louvre repair and remote control replacement
Rubbish removal	$74.66	Rubbish removal
Repairs and carpet cleaning	$2,188.80	Repairs and carpet cleaning
Lawns and Garden work	$350.00	Lawns and Garden work
Replace furnishings: Drapes	$804.00	Replace furnishings: Drapes
Filing fee reimbursement	$20.44	Filing fee reimbursement
Net award	$4,106.50
Total payable by Tenant to Landlord	$4,106.50

Claims and awards for application 4665470 — net $4,106.50 NZD. Verify on MoJ.

Window repairs

Amount: $135.00
Awarded to: Landlord
Reason: Window repairs

Repairs: Heat pump louvre repair and remote control replacement

Amount: $533.60
Awarded to: Landlord
Reason: Repairs: Heat pump louvre repair and remote control replacement

Rubbish removal

Amount: $74.66
Awarded to: Landlord
Reason: Rubbish removal

Repairs and carpet cleaning

Amount: $2,188.80
Awarded to: Landlord
Reason: Repairs and carpet cleaning

Lawns and Garden work

Amount: $350.00
Awarded to: Landlord
Reason: Lawns and Garden work

Claim types — money lines allowed on this order

Carpet Cleaning Filing Fee Lawns And Garden Work Property damage Rubbish Removal

Order

Kylie Tabletha Kotara must pay Maranello Property Investments Limited $4,106.50 immediately, calculated as shown in table below.

Reasons

Mr Loader and Ms Russell attended the hearing on behalf of the landlord. The tenant advised Tenancy Services, on the day of the hearing, that she was unable to attend.
The landlord has applied for compensation and reimbursement of the filing fee following the end of the tenancy.

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, and leave all chattels provided for their benefit under section 40(1)(e)(ii)-(v) of the Residential Tenancies Act 1986 (the Act).
The tenant did not leave the premises reasonably clean and tidy and did not remove all rubbish.
The landlord provided photographic and oral evidence, and invoices to show that the property required considerable work, both indoors and out, to bring it up to a reasonable standard. This included repeated carpet cleaning and multiple visits to the refuse station.
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 under sections 40(2)(a), 41 and 49B of the Act.
Damage was caused to the following areas during the tenancy: bathroom window glazing, heat pump louvres and remote control, internal door (removed), kitchen cabinetry, other joinery, walls throughout (holes and other damage), widow latch, bedroom power outlet, and drapes throughout.
The landlord provided photographic and oral evidence and invoices to prove the damage. It is more than fair wear and tear, and the tenant has not disproved liability for the damage.
The amounts ordered are 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.
The original drapes were recorded in the tenancy agreement as being new in May of 2019 (at the beginning of the tenancy). They appear, from the landlord’s photographs, to have been of reasonably good quality and fully lined. The landlord has chosen to replace the damaged drapes with a more cost-effective option from a chain store. The landlord has also purchased the replacement drapes at a significant discount (60%). As this is a greater discount than the depreciation I would have applied, I have not further depreciated the value of the drapes.
As Maranello Property Investments Limited has wholly succeeded with the claim I must reimburse the filing fee.

Tenancy Tribunal case 4665470 — Cleanliness at 480 Hereford Street, Linwood, Christchurch 8011

At a glance

Tenancy Tribunal case 4665470 — Cleanliness at 480 Hereford Street, Linwood, Christchurch 8011

At a glance

Award balance

Claims & awards

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

Award balance

Claims & awards

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