What was the outcome of Tenancy Tribunal case 4705691?

The tribunal order states: Eugene McKeown must pay Kitt Property Management Limited as agent for

How much money was awarded in case 4705691?

Cleaning: $53.90 awarded to landlord; Cleaning: $1,200.00 awarded to landlord; Cleaning: $77.07 awarded to landlord; Cleaning: $212.50 awarded to landlord; Filing Fee: $20.44 awarded to landlord; Lightbulbs: $91.58 awarded to landlord; Property Damage: $13.88 awarded to landlord; Replace Broken Window: $225.00 awarded to landlord; Rubbish Removal: $149.32 awarded to landlord; Rubbish Removal: $100.00 awarded to landlord

What type of tenancy dispute was case 4705691?

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

Where can I read the official tribunal order for case 4705691?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/9740976-Tribunal_Order.pdf.

What was the outcome of Tenancy Tribunal case 4705691?

The tribunal order states: Eugene McKeown must pay Kitt Property Management Limited as agent for

How much money was awarded in case 4705691?

Cleaning: $53.90 awarded to landlord; Cleaning: $1,200.00 awarded to landlord; Cleaning: $77.07 awarded to landlord; Cleaning: $212.50 awarded to landlord; Filing Fee: $20.44 awarded to landlord; Lightbulbs: $91.58 awarded to landlord; Property Damage: $13.88 awarded to landlord; Replace Broken Window: $225.00 awarded to landlord; Rubbish Removal: $149.32 awarded to landlord; Rubbish Removal: $100.00 awarded to landlord

What type of tenancy dispute was case 4705691?

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

Where can I read the official tribunal order for case 4705691?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/9740976-Tribunal_Order.pdf.

20 Hillview Road, Birdlings Flat, RD 1, Little River 7591 Tenancy Tribunal Case 4705691 — Cleanliness

Reasons

Claims and awards in Tenancy Tribunal application 4705691 — net $2,143.69 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Carpet Cleaning	$53.90	Carpet Cleaning
Cleaning: Professional cleaner	$212.50	Cleaning: Professional cleaner
Cleaning: Landlord's cleaning and clearing rubbish	$1,200.00	Cleaning: Landlord's cleaning and clearing rubbish
Rubbish removal: Landlord's time travelling to dump x2	$100.00	Rubbish removal: Landlord's time travelling to dump x2
Rubbish removal: Dumping costs x2	$149.32	Rubbish removal: Dumping costs x2
Cleaning: Products and gloves	$77.07	Cleaning: Products and gloves
Lock/key replacement	$13.88	Lock/key replacement
Light bulbs	$91.58	Light bulbs
Repairs: Replace broken window	$225.00	Repairs: Replace broken window
Filing fee reimbursement	$20.44	Filing fee reimbursement
Net award	$2,143.69
Total payable by Tenant to Landlord	$2,143.69

Ms Frew attended the hearing by teleconference. Mr McKeown did not attend.

The landlord applied for rent arrears, compensation, and reimbursement of the filing fee following the end of the tenancy.

How much is owed for rent?

The tenancy ended on 27 August 2023. The landlord provided rent records which prove the amount owing at the end of the tenancy.

The rent arrears are the subject of a mediator’s order (4633510) and, as the tenant is paying these arrears in accordance with the payment plan, the landlord withdrew this part of its claim and asked that mediator’s order 4633510 not be incorporated into this order.

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 return all keys, under section 40(1)(e)(ii)-(v) of the Residential Tenancies Act 1986 (the Act). The tenant must also replace standard light bulbs.

The tenant did not leave the premises reasonably clean and tidy and did not remove all rubbish.

The landlord provided evidence that the tenant had lived at the property for many years and there was a considerable accumulation of belongings and build-up of rubbish during that time.

The tenancy ended on 27 August 2023 by agreement following the mediation referred to above. The property owner returned from overseas to be present at the end of the tenancy.

The property had not been cleared of the tenant’s belongings or of rubbish by the end date. The owner allowed the tenant additional time to remove his belongings from the property. The landlord has not claimed any rent for this additional time given to the tenant.

After a ten-day period, the tenant indicated that everything remaining could be disposed of by the landlord or property owner. Considerable rubbish and many damaged or worthless belongings remained.

The landlord provided evidence that the property owner spent 40 hours at the property and claimed $1200.00 for clearing the rubbish to trailer for dumping, tidying, cleaning and carpet cleaning. Given the circumstances above and the photographs provided by the landlord, I consider this amount reasonable.

The owner also claimed $300 for two trips to Ecocentral in Christchurch to dump rubbish. Given the time and travel expenses that would be incurred in these trips, I consider that $100.00 is reasonable and have reduced this amount accordingly.

The landlord provided invoices to prove the costs of cleaning products, a carpet cleaning machine and dumping fees.

Once the interior had been cleared of debris and tidied, a professional cleaner was hired to complete a more standard clean of the premises.

The tenant did not return all of the keys and some had to be replaced.

The landlord had to replace light bulbs.

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.

A large window in an aluminium door was broken 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. Filing fee

As Kitt Property Management Limited as agent for Jason Burke has substantially succeeded with the claim I must reimburse the filing fee.

Claims and awards in Tenancy Tribunal application 4705691 — net $2,143.69 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Carpet Cleaning	$53.90	Carpet Cleaning
Cleaning: Professional cleaner	$212.50	Cleaning: Professional cleaner
Cleaning: Landlord's cleaning and clearing rubbish	$1,200.00	Cleaning: Landlord's cleaning and clearing rubbish
Rubbish removal: Landlord's time travelling to dump x2	$100.00	Rubbish removal: Landlord's time travelling to dump x2
Rubbish removal: Dumping costs x2	$149.32	Rubbish removal: Dumping costs x2
Cleaning: Products and gloves	$77.07	Cleaning: Products and gloves
Lock/key replacement	$13.88	Lock/key replacement
Light bulbs	$91.58	Light bulbs
Repairs: Replace broken window	$225.00	Repairs: Replace broken window
Filing fee reimbursement	$20.44	Filing fee reimbursement
Net award	$2,143.69
Total payable by Tenant to Landlord	$2,143.69

Order

Eugene McKeown must pay Kitt Property Management Limited as agent for Jason Burke $2,143.69 immediately, calculated as shown in table below.
The landlord’s claim for rent arrears was withdrawn from this application.

Reasons

Ms Frew attended the hearing by teleconference. Mr McKeown did not attend.
The landlord applied for rent arrears, compensation, and reimbursement of the filing fee following the end of the tenancy.

How much is owed for rent?

The tenancy ended on 27 August 2023. The landlord provided rent records which prove the amount owing at the end of the tenancy.
The rent arrears are the subject of a mediator’s order (4633510) and, as the tenant is paying these arrears in accordance with the payment plan, the landlord withdrew this part of its claim and asked that mediator’s order 4633510 not be incorporated into this order.

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 return all keys, under section 40(1)(e)(ii)-(v) of the Residential Tenancies Act 1986 (the Act). The tenant must also replace standard light bulbs.
The tenant did not leave the premises reasonably clean and tidy and did not remove all rubbish.
The landlord provided evidence that the tenant had lived at the property for many years and there was a considerable accumulation of belongings and build-up of rubbish during that time.
The tenancy ended on 27 August 2023 by agreement following the mediation referred to above. The property owner returned from overseas to be present at the end of the tenancy.
The property had not been cleared of the tenant’s belongings or of rubbish by the end date. The owner allowed the tenant additional time to remove his belongings from the property. The landlord has not claimed any rent for this additional time given to the tenant.
After a ten-day period, the tenant indicated that everything remaining could be disposed of by the landlord or property owner. Considerable rubbish and many damaged or worthless belongings remained.
The landlord provided evidence that the property owner spent 40 hours at the property and claimed $1200.00 for clearing the rubbish to trailer for dumping, tidying, cleaning and carpet cleaning. Given the circumstances above and the photographs provided by the landlord, I consider this amount reasonable.
The owner also claimed $300 for two trips to Ecocentral in Christchurch to dump rubbish. Given the time and travel expenses that would be incurred in these trips, I consider that $100.00 is reasonable and have reduced this amount accordingly.
The landlord provided invoices to prove the costs of cleaning products, a carpet cleaning machine and dumping fees.
Once the interior had been cleared of debris and tidied, a professional cleaner was hired to complete a more standard clean of the premises.
The tenant did not return all of the keys and some had to be replaced.
The landlord had to replace light bulbs.
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.
A large window in an aluminium door was broken 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. Filing fee
As Kitt Property Management Limited as agent for Jason Burke has substantially succeeded with the claim I must reimburse the filing fee.

Tenancy Tribunal case 4705691 — Cleanliness at 20 Hillview Road, Birdlings Flat, RD 1, Little River 7591

At a glance

Tenancy Tribunal case 4705691 — Cleanliness at 20 Hillview Road, Birdlings Flat, RD 1, Little River 7591

At a glance

Award balance

Claims & awards

Order

Reasons

How much is owed for rent?

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

How much is owed for rent?

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