What was the outcome of Tenancy Tribunal case 4691591?

The tribunal order states: James Hohipa must pay Property Brokers Limited As Agent For Brad Wright &

How much money was awarded in case 4691591?

Cleaning: $1,345.00 awarded to landlord; Filing Fee: $20.44 awarded to landlord; Lawns and Garden Work: $115.00 awarded to landlord; Property Damage: $230.00 awarded to landlord; Rubbish Removal: $1,376.09 awarded to landlord

What type of tenancy dispute was case 4691591?

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

Where can I read the official tribunal order for case 4691591?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/9781188-Tenancy_Tribunal_Order.pdf.

What was the outcome of Tenancy Tribunal case 4691591?

The tribunal order states: James Hohipa must pay Property Brokers Limited As Agent For Brad Wright &

How much money was awarded in case 4691591?

Cleaning: $1,345.00 awarded to landlord; Filing Fee: $20.44 awarded to landlord; Lawns and Garden Work: $115.00 awarded to landlord; Property Damage: $230.00 awarded to landlord; Rubbish Removal: $1,376.09 awarded to landlord

What type of tenancy dispute was case 4691591?

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

Where can I read the official tribunal order for case 4691591?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/9781188-Tenancy_Tribunal_Order.pdf.

17A Tainui Street, Castlecliff, Whanganui 4501 Tenancy Tribunal Case 4691591 — Cleanliness

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17A Tainui Street, Castlecliff, Whanganui 4501 Tenancy Tribunal Case 4691591 — 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 4691591 — net $1,606.53 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Cleaning	$1,345.00	Cleaning
Rubbish removal	$1,376.09	Rubbish removal
Lawns and Garden work	$115.00	Lawns and Garden work
Repairs	$230.00	Repairs
Filing fee reimbursement	$20.44	Filing fee reimbursement
Net award	$1,606.53
Total payable by Tenant to Landlord	$1,606.53

Claims and awards for application 4691591 — net $1,606.53 NZD. Verify on MoJ.

Cleaning

Amount: $1,345.00
Awarded to: Landlord
Reason: Cleaning

Rubbish removal

Amount: $1,376.09
Awarded to: Landlord
Reason: Rubbish removal

Lawns and Garden work

Amount: $115.00
Awarded to: Landlord
Reason: Lawns and Garden work

Repairs

Amount: $230.00
Awarded to: Landlord
Reason: Repairs

Filing fee reimbursement

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

Claim types — money lines allowed on this order

Cleanliness Filing Fee Lawns And Garden Work Property damage Rubbish Removal

Order

James Hohipa must pay Property Brokers Limited As Agent For Brad Wright & Carin Wright $1,606.53 immediately, calculated as shown in table below.
The Bond Centre is to pay the bond of $1,480.00 (3124266-015) to Property Brokers Limited As Agent For Brad Wright & Carin Wright immediately.

Reasons

The landlord attended the hearing. There was no appearance for the tenant.
The landlord has applied for compensation, refund of the bond, 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?

The tenancy ended on 31 July 2023. At the end of the tenancy the tenant must leave the premises reasonably clean and tidy and remove all rubbish. See section 40(1)(e) Residential Tenancies Act 1986.
The tenant did not leave the premises reasonably clean and tidy, and did not remove all rubbish. The landlord provided photos showing that no attempt had been made to clean the property at all. The dirt and grime was long-standing. The toilet could not be cleaned and required a special lime scale clean.
The property was littered with bags of rubbish and abandoned items. The property manager told the Tribunal that the garage was completely full.
A skip bin was ordered and cleaners hired. It took them four hours to load the skip bin, but it was not big enough and there were two trailer loads of extra rubbish.
The landlord provided two invoices. The cleaning one, exclusive of the time loading the rubbish came to $1345.00 including GST.
The second invoice included rubbish removal, lawns and repairs. The cost of the skip bin, two trailer loads and travel was $987.90 plus GST. Added to that is $240 for the four hours from the cleaning bill, which comes to $1,376.09 including GST.
The lawns had not been mowed, which comes to a further $115.00 including GST.
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. 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 sought a further $200 plus GST for damage to a door and a hole in the wall. This was included in the second invoice.
The landlord provided photographs of the property from the start and end of the tenancy.
I am satisfied that the damage occurred during the tenancy. The damage is more than fair wear and tear, and the tenant has not disproved liability for the damage.
The amounts ordered are proved.
Because Property Brokers Limited As Agent For Brad Wright & Carin Wright 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 4691591 — net $1,606.53 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Cleaning	$1,345.00	Cleaning
Rubbish removal	$1,376.09	Rubbish removal
Lawns and Garden work	$115.00	Lawns and Garden work
Repairs	$230.00	Repairs
Filing fee reimbursement	$20.44	Filing fee reimbursement
Net award	$1,606.53
Total payable by Tenant to Landlord	$1,606.53

Claims and awards for application 4691591 — net $1,606.53 NZD. Verify on MoJ.

Cleaning

Amount: $1,345.00
Awarded to: Landlord
Reason: Cleaning

Rubbish removal

Amount: $1,376.09
Awarded to: Landlord
Reason: Rubbish removal

Lawns and Garden work

Amount: $115.00
Awarded to: Landlord
Reason: Lawns and Garden work

Repairs

Amount: $230.00
Awarded to: Landlord
Reason: Repairs

Filing fee reimbursement

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

Claim types — money lines allowed on this order

Cleanliness Filing Fee Lawns And Garden Work Property damage Rubbish Removal

Order

James Hohipa must pay Property Brokers Limited As Agent For Brad Wright & Carin Wright $1,606.53 immediately, calculated as shown in table below.
The Bond Centre is to pay the bond of $1,480.00 (3124266-015) to Property Brokers Limited As Agent For Brad Wright & Carin Wright immediately.

Reasons

The landlord attended the hearing. There was no appearance for the tenant.
The landlord has applied for compensation, refund of the bond, 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?

The tenancy ended on 31 July 2023. At the end of the tenancy the tenant must leave the premises reasonably clean and tidy and remove all rubbish. See section 40(1)(e) Residential Tenancies Act 1986.
The tenant did not leave the premises reasonably clean and tidy, and did not remove all rubbish. The landlord provided photos showing that no attempt had been made to clean the property at all. The dirt and grime was long-standing. The toilet could not be cleaned and required a special lime scale clean.
The property was littered with bags of rubbish and abandoned items. The property manager told the Tribunal that the garage was completely full.
A skip bin was ordered and cleaners hired. It took them four hours to load the skip bin, but it was not big enough and there were two trailer loads of extra rubbish.
The landlord provided two invoices. The cleaning one, exclusive of the time loading the rubbish came to $1345.00 including GST.
The second invoice included rubbish removal, lawns and repairs. The cost of the skip bin, two trailer loads and travel was $987.90 plus GST. Added to that is $240 for the four hours from the cleaning bill, which comes to $1,376.09 including GST.
The lawns had not been mowed, which comes to a further $115.00 including GST.
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. 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 sought a further $200 plus GST for damage to a door and a hole in the wall. This was included in the second invoice.
The landlord provided photographs of the property from the start and end of the tenancy.
I am satisfied that the damage occurred during the tenancy. The damage is more than fair wear and tear, and the tenant has not disproved liability for the damage.
The amounts ordered are proved.
Because Property Brokers Limited As Agent For Brad Wright & Carin Wright has wholly succeeded with the claim I must reimburse the filing fee.

Tenancy Tribunal case 4691591 — Cleanliness at 17A Tainui Street, Castlecliff, Whanganui 4501

At a glance

Tenancy Tribunal case 4691591 — Cleanliness at 17A Tainui Street, Castlecliff, Whanganui 4501

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