What was the outcome of Tenancy Tribunal case 4735969?

The tribunal order states: Marcella Maihi and Te Reretai Hauiti to pay Staircase Property Management

How much money was awarded in case 4735969?

Rubbish Removal: $384.70 awarded to landlord; Filing Fee: $20.44 awarded to landlord; Property Damage: $26.99 awarded to landlord

What type of tenancy dispute was case 4735969?

The primary dispute was Property damage.

Where can I read the official tribunal order for case 4735969?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/10089897-Tenancy_Tribunal_Order.pdf.

What was the outcome of Tenancy Tribunal case 4735969?

The tribunal order states: Marcella Maihi and Te Reretai Hauiti to pay Staircase Property Management

How much money was awarded in case 4735969?

Rubbish Removal: $384.70 awarded to landlord; Filing Fee: $20.44 awarded to landlord; Property Damage: $26.99 awarded to landlord

What type of tenancy dispute was case 4735969?

The primary dispute was Property damage.

Where can I read the official tribunal order for case 4735969?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/10089897-Tenancy_Tribunal_Order.pdf.

55B Soaring Bird Drive, Takanini, Takanini 2112 Tenancy Tribunal Case 4735969 — Property damage

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55B Soaring Bird Drive, Takanini, Takanini 2112 Tenancy Tribunal Case 4735969 — Property damage | 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 4735969 — net $432.13 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Cleaning: and rubbish removal	$384.70	Cleaning: and rubbish removal
Lock/key replacement: key card	$26.99	Lock/key replacement: key card
Filing fee reimbursement	$20.44	Filing fee reimbursement
Net award	$432.13
Bond	$2,600.00
Total payable by Tenant to Landlord	$432.13

Claims and awards for application 4735969 — net $432.13 NZD. Verify on MoJ.

Cleaning: and rubbish removal

Amount: $384.70
Awarded to: Landlord
Reason: Cleaning: and rubbish removal

Lock/key replacement: key card

Amount: $26.99
Awarded to: Landlord
Reason: Lock/key replacement: key card

Filing fee reimbursement

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

Net award

Landlord $432.13

Bond

Landlord $2,600.00

Total payable by Tenant to Landlord

Landlord $432.13

Claim types — money lines allowed on this order

Rubbish Removal Filing Fee Property damage

Order

Marcella Maihi and Te Reretai Hauiti to pay Staircase Property Management Limited As Agent For Lewcon Investments $432.13 from the bond, calculated as shown in table below.
The Bond Centre is to pay the bond of $2,600.00 (6429854-011) immediately apportioned as follows: Staircase Property Management Limited As Agent For Lewcon Investments: $432.13 Marcella Maihi and Te Reretai Hauiti: $2,167.87

Reasons

Both parties attended the hearing.
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?

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 tenant did not return the key card.
The amounts ordered are accepted by the tenant and 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.
At the end of the tenancy, the landlord discovered the handrail holder/cap having come off. The handrail is otherwise still affixed to the wall. Having heard from the tenant, I consider the damage to be fair wear and tear, and the tenant has disproved liability for the damage.
Even if the damage to the handrail may be considered as beyond fair wear and tear, I consider that the tenant has not carelessly or intentionally damaged it.
The amount of $340.83 claimed for repairs to the handrail cap therefore fails.
Only the amounts ordered above are proved.
The landlord is entitled to reimbursement of the filing fee as the landlord is successful on the remaining parts of the claims.

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 4735969 — net $432.13 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Cleaning: and rubbish removal	$384.70	Cleaning: and rubbish removal
Lock/key replacement: key card	$26.99	Lock/key replacement: key card
Filing fee reimbursement	$20.44	Filing fee reimbursement
Net award	$432.13
Bond	$2,600.00
Total payable by Tenant to Landlord	$432.13

Claims and awards for application 4735969 — net $432.13 NZD. Verify on MoJ.

Cleaning: and rubbish removal

Amount: $384.70
Awarded to: Landlord
Reason: Cleaning: and rubbish removal

Lock/key replacement: key card

Amount: $26.99
Awarded to: Landlord
Reason: Lock/key replacement: key card

Filing fee reimbursement

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

Net award

Landlord $432.13

Bond

Landlord $2,600.00

Total payable by Tenant to Landlord

Landlord $432.13

Claim types — money lines allowed on this order

Rubbish Removal Filing Fee Property damage

Order

Marcella Maihi and Te Reretai Hauiti to pay Staircase Property Management Limited As Agent For Lewcon Investments $432.13 from the bond, calculated as shown in table below.
The Bond Centre is to pay the bond of $2,600.00 (6429854-011) immediately apportioned as follows: Staircase Property Management Limited As Agent For Lewcon Investments: $432.13 Marcella Maihi and Te Reretai Hauiti: $2,167.87

Reasons

Both parties attended the hearing.
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?

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 tenant did not return the key card.
The amounts ordered are accepted by the tenant and 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.
At the end of the tenancy, the landlord discovered the handrail holder/cap having come off. The handrail is otherwise still affixed to the wall. Having heard from the tenant, I consider the damage to be fair wear and tear, and the tenant has disproved liability for the damage.
Even if the damage to the handrail may be considered as beyond fair wear and tear, I consider that the tenant has not carelessly or intentionally damaged it.
The amount of $340.83 claimed for repairs to the handrail cap therefore fails.
Only the amounts ordered above are proved.
The landlord is entitled to reimbursement of the filing fee as the landlord is successful on the remaining parts of the claims.

Tenancy Tribunal case 4735969 — Property damage at 55B Soaring Bird Drive, Takanini, Takanini 2112

At a glance

Tenancy Tribunal case 4735969 — Property damage at 55B Soaring Bird Drive, Takanini, Takanini 2112

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