How much money was awarded in case 4738690?

Cleaning: $845.25 awarded to landlord; Filing Fee: $20.44 awarded to landlord; Property Damage: $201.25 awarded to landlord; Replace Fireplace Door: $1,445.00 awarded to landlord; Rubbish Removal: $1,025.57 awarded to landlord

What type of tenancy dispute was case 4738690?

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

Where can I read the official tribunal order for case 4738690?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/9863728-Tenancy_Tribunal_Order.pdf.

How much money was awarded in case 4738690?

Cleaning: $845.25 awarded to landlord; Filing Fee: $20.44 awarded to landlord; Property Damage: $201.25 awarded to landlord; Replace Fireplace Door: $1,445.00 awarded to landlord; Rubbish Removal: $1,025.57 awarded to landlord

What type of tenancy dispute was case 4738690?

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

Where can I read the official tribunal order for case 4738690?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/9863728-Tenancy_Tribunal_Order.pdf.

24 Kotuku Place, Tokoroa, Tokoroa 3420 Tenancy Tribunal Case 4738690 — Cleanliness

Q: What was the outcome of Tenancy Tribunal case 4738690?

The tribunal order states: McKenzie Campbell is to pay Property Brokers Limited $1,937.51, calculated as

Order

Claims and awards in Tenancy Tribunal application 4738690. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Interior Cleaning	$845.25	Interior Cleaning
Property Maintenance (Lawn Mowing and Rubbish Removal	$1,025.57	Property Maintenance (Lawn Mowing and Rubbish Removal
Replace Fireplace Door	$1,445.00	Replace Fireplace Door
Locks Replacement	$201.25	Locks Replacement
Application Filing Fee	$20.44	Application Filing Fee

McKenzie Campbell is to pay Property Brokers Limited $1,937.51, calculated as follows: DescriptionLandlord Interior Cleaning$845.25 Property Maintenance (Lawn Mowing and Rubbish Removal)$1,025.57 Replace Fireplace Door$1,445.00 Locks Replacement$201.25 Application Filing Fee$20.44 Total award$3,537.51 Bond (Already Refunded)$1,600.00 Tenant to pay$1,937.51

Reasons

The Landlord attended the hearing.

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, return all keys and security devices, and leave all chattels provided for their benefit: s 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. I have reviewed the Landlord’s photographs of the rubbish and have heard the property manager’s evidence as to the lack of cleanliness in the home.

The total expense incurred for cleaning the property amounted to $845.25.

The property manager acknowledged the tenant's efforts in spot cleaning but noted that due to the demands of caring for children, certain areas were overlooked. These included the walls, ceiling, and various surfaces in the living room, hallway, dining area, kitchen, toilet, bathroom, and laundry room. The carpet needed both vacuuming and professional treatment. The floors needed mopping. Cleaning out the fireplace was necessary to remove debris, and the hearth, firebox, and surrounding cage also demanded attention. A thorough cleaning of all windows, windowsills, and the back porch was required.

The total cost for comprehensive property maintenance and clean-up was $1,025.57. This included lawn mowing, weed eating, clearing and removing items from various areas like under the house and garage, multiple rubbish removal loads including transport, labour for collecting and disposing of rubbish, and weeding the gardens along the driveway.

I award the above claims for cleaning, rubbish removal and property maintenance.

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.

Where the damage is careless, and occurs after 27 August 2019, section 49B RTA applies. If the landlord becomes aware of the damage after 27 August, the damage is presumed to have occurred after that date unless the tenant proves otherwise.

Where the damage is caused carelessly, and is covered by the landlord's insurance, the tenant's liability is limited to the lesser of the insurance excess or four weeks' rent (or four weeks' market rent in the case of a tenant paying income- related rent). See section 49B(3)(a) RTA.

Where the damage is careless and is not covered by the landlord's insurance, the tenant's liability is limited to four weeks' rent (or market rent). See section 49B(3)(b) RTA. Where insurance money is irrecoverable because of the tenant's conduct, the property is treated as if it is not insured against the damage. See section 49B(3A)(a) RTA.

Tenants are liable for the cost of repairing damage that is intentional or which results from any activity at the premises that is an imprisonable offence. This applies to anything the tenant does and anything done by a person they are responsible for. See section 49B(1) RTA.

Damage is intentional where a person intends to cause damage and takes the necessary steps to achieve that purpose. Damage is also intentional where a person does something, or allows a situation to continue, knowing that damage is a certainty. See Guo v Korck [2019] NZHC 1541.

The following damage was caused during the tenancy: a. The fireplace door was damaged. The Landlord managed to find the correct replacement part from the manufacturer, which is permitted for lawful use with the fireplace, and it was replaced at a cost of $1,445.00. The Tenant accepted liability for the damaged door and her partner had tried to replace it, but the replacement was not lawful. b. Two garage locks were damaged during the tenancy. The Tenant accepted liability for the damage. The cost of replacing the locks was $201.25.

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 Blair Dowling has wholly succeeded with the claim I must reimburse the filing fee.

Claims and awards in Tenancy Tribunal application 4738690. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Interior Cleaning	$845.25	Interior Cleaning
Property Maintenance (Lawn Mowing and Rubbish Removal	$1,025.57	Property Maintenance (Lawn Mowing and Rubbish Removal
Replace Fireplace Door	$1,445.00	Replace Fireplace Door
Locks Replacement	$201.25	Locks Replacement
Application Filing Fee	$20.44	Application Filing Fee

Order

McKenzie Campbell is to pay Property Brokers Limited $1,937.51, calculated as follows: DescriptionLandlord Interior Cleaning$845.25 Property Maintenance (Lawn Mowing and Rubbish Removal)$1,025.57 Replace Fireplace Door$1,445.00 Locks Replacement$201.25 Application Filing Fee$20.44 Total award$3,537.51 Bond (Already Refunded)$1,600.00 Tenant to pay$1,937.51

Reasons

The Landlord attended the hearing.
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, return all keys and security devices, and leave all chattels provided for their benefit: s 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. I have reviewed the Landlord’s photographs of the rubbish and have heard the property manager’s evidence as to the lack of cleanliness in the home.
The total expense incurred for cleaning the property amounted to $845.25.
The property manager acknowledged the tenant's efforts in spot cleaning but noted that due to the demands of caring for children, certain areas were overlooked. These included the walls, ceiling, and various surfaces in the living room, hallway, dining area, kitchen, toilet, bathroom, and laundry room. The carpet needed both vacuuming and professional treatment. The floors needed mopping. Cleaning out the fireplace was necessary to remove debris, and the hearth, firebox, and surrounding cage also demanded attention. A thorough cleaning of all windows, windowsills, and the back porch was required.
The total cost for comprehensive property maintenance and clean-up was $1,025.57. This included lawn mowing, weed eating, clearing and removing items from various areas like under the house and garage, multiple rubbish removal loads including transport, labour for collecting and disposing of rubbish, and weeding the gardens along the driveway.
I award the above claims for cleaning, rubbish removal and property maintenance.

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.
Where the damage is careless, and occurs after 27 August 2019, section 49B RTA applies. If the landlord becomes aware of the damage after 27 August, the damage is presumed to have occurred after that date unless the tenant proves otherwise.
Where the damage is caused carelessly, and is covered by the landlord's insurance, the tenant's liability is limited to the lesser of the insurance excess or four weeks' rent (or four weeks' market rent in the case of a tenant paying income- related rent). See section 49B(3)(a) RTA.
Where the damage is careless and is not covered by the landlord's insurance, the tenant's liability is limited to four weeks' rent (or market rent). See section 49B(3)(b) RTA. Where insurance money is irrecoverable because of the tenant's conduct, the property is treated as if it is not insured against the damage. See section 49B(3A)(a) RTA.
Tenants are liable for the cost of repairing damage that is intentional or which results from any activity at the premises that is an imprisonable offence. This applies to anything the tenant does and anything done by a person they are responsible for. See section 49B(1) RTA.
Damage is intentional where a person intends to cause damage and takes the necessary steps to achieve that purpose. Damage is also intentional where a person does something, or allows a situation to continue, knowing that damage is a certainty. See Guo v Korck [2019] NZHC 1541.
The following damage was caused during the tenancy: a. The fireplace door was damaged. The Landlord managed to find the correct replacement part from the manufacturer, which is permitted for lawful use with the fireplace, and it was replaced at a cost of $1,445.00. The Tenant accepted liability for the damaged door and her partner had tried to replace it, but the replacement was not lawful. b. Two garage locks were damaged during the tenancy. The Tenant accepted liability for the damage. The cost of replacing the locks was $201.25.
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 Blair Dowling has wholly succeeded with the claim I must reimburse the filing fee.

Tenancy Tribunal case 4738690 — Cleanliness at 24 Kotuku Place, Tokoroa, Tokoroa 3420

At a glance

Tenancy Tribunal case 4738690 — Cleanliness at 24 Kotuku Place, Tokoroa, Tokoroa 3420

At a glance

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

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