What was the outcome of Tenancy Tribunal case 4764658?

The tribunal order states: Melanie Jade Douglas must pay Oxygen.Co.Nz Limited As Agent For United

How much money was awarded in case 4764658?

Cleaning: $400.00 awarded to landlord; Filing Fee: $20.44 awarded to landlord; Property Damage: $36.00 awarded to landlord; Rent Arrears: $240.00 awarded to landlord; Replace Stove: $50.00 awarded to landlord; Rubbish Removal: $425.00 awarded to landlord

What type of tenancy dispute was case 4764658?

The primary dispute was Cleanliness. Related themes: Rent arrears, Property damage.

Where can I read the official tribunal order for case 4764658?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/10099335-Tenancy_Tribunal_Order.pdf.

What was the outcome of Tenancy Tribunal case 4764658?

The tribunal order states: Melanie Jade Douglas must pay Oxygen.Co.Nz Limited As Agent For United

How much money was awarded in case 4764658?

Cleaning: $400.00 awarded to landlord; Filing Fee: $20.44 awarded to landlord; Property Damage: $36.00 awarded to landlord; Rent Arrears: $240.00 awarded to landlord; Replace Stove: $50.00 awarded to landlord; Rubbish Removal: $425.00 awarded to landlord

What type of tenancy dispute was case 4764658?

The primary dispute was Cleanliness. Related themes: Rent arrears, Property damage.

Where can I read the official tribunal order for case 4764658?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/10099335-Tenancy_Tribunal_Order.pdf.

Unit/Flat 45, 1341 High Street, Taita, Lower Hutt 5011 Tenancy Tribunal Case 4764658 — Cleanliness

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Unit/Flat 45, 1341 High Street, Taita, Lower Hutt 5011 Tenancy Tribunal Case 4764658 — 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 4764658 — net $391.11 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears	$240.00	Rent arrears
Cleaning	$400.00	Cleaning
Rubbish removal	$425.00	Rubbish removal
Lock/key replacement	$36.00	Lock/key replacement
Replace stove	$50.00	Replace stove
Filing fee reimbursement	$20.44	Filing fee reimbursement
Net award	$391.11
Total payable by Tenant to Landlord	$391.11

Claims and awards for application 4764658 — net $391.11 NZD. Verify on MoJ.

Rent arrears

Amount: $240.00
Awarded to: Landlord
Reason: Rent arrears

Cleaning

Amount: $400.00
Awarded to: Landlord
Reason: Cleaning

Rubbish removal

Amount: $425.00
Awarded to: Landlord
Reason: Rubbish removal

Lock/key replacement

Amount: $36.00
Awarded to: Landlord
Reason: Lock/key replacement

Replace stove

Amount: $50.00
Awarded to: Landlord
Reason: Replace stove

Filing fee reimbursement

Claim types — money lines allowed on this order

Cleanliness Filing Fee Property damage Rent arrears Rubbish Removal

Order

Melanie Jade Douglas must pay Oxygen.Co.Nz Limited As Agent For United Group Limited $391.44 immediately, calculated as shown in table below.
The Bond Centre is to pay the bond of $780.00 (3340612-012) to Oxygen.Co.Nz Limited As Agent For United Group Limited immediately.

Reasons

The landlord attended the hearing represented by Ms Ellis. There was no appearance by the tenants.
The landlord has applied for rent arrears, compensation, refund of the bond, and reimbursement of the filing fee following the end of the tenancy.

How much is owed for rent?

The tenancy ended on 8 November 2023. The landlord provided rent records which prove the amount owing at 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 (RTA). .
The tenant did not leave the premises reasonably clean and tidy and did not remove all rubbish and belongings as shown in the photos produced in evidence.
The tenant did not return the keys.
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.
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: The oven was damaged beyond repair and required replacement. The damage 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. In calculating depreciation, I have taken into account the age and condition of the oven and its likely useful lifespan. The oven was second-hand and provided as a replacement halfway through the tenancy. Likely, the oven should be fully depreciated. However, I have awarded 20% of the replacement cost on the basis that, but for the damage, the oven would have been expected to last longer.
As the landlord has substantially succeeded with their application, they are entitled to reimbursement of 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 4764658 — net $391.11 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears	$240.00	Rent arrears
Cleaning	$400.00	Cleaning
Rubbish removal	$425.00	Rubbish removal
Lock/key replacement	$36.00	Lock/key replacement
Replace stove	$50.00	Replace stove
Filing fee reimbursement	$20.44	Filing fee reimbursement
Net award	$391.11
Total payable by Tenant to Landlord	$391.11

Claims and awards for application 4764658 — net $391.11 NZD. Verify on MoJ.

Rent arrears

Amount: $240.00
Awarded to: Landlord
Reason: Rent arrears

Cleaning

Amount: $400.00
Awarded to: Landlord
Reason: Cleaning

Rubbish removal

Amount: $425.00
Awarded to: Landlord
Reason: Rubbish removal

Lock/key replacement

Amount: $36.00
Awarded to: Landlord
Reason: Lock/key replacement

Replace stove

Amount: $50.00
Awarded to: Landlord
Reason: Replace stove

Filing fee reimbursement

Claim types — money lines allowed on this order

Cleanliness Filing Fee Property damage Rent arrears Rubbish Removal

Order

Melanie Jade Douglas must pay Oxygen.Co.Nz Limited As Agent For United Group Limited $391.44 immediately, calculated as shown in table below.
The Bond Centre is to pay the bond of $780.00 (3340612-012) to Oxygen.Co.Nz Limited As Agent For United Group Limited immediately.

Reasons

The landlord attended the hearing represented by Ms Ellis. There was no appearance by the tenants.
The landlord has applied for rent arrears, compensation, refund of the bond, and reimbursement of the filing fee following the end of the tenancy.

How much is owed for rent?

The tenancy ended on 8 November 2023. The landlord provided rent records which prove the amount owing at 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 (RTA). .
The tenant did not leave the premises reasonably clean and tidy and did not remove all rubbish and belongings as shown in the photos produced in evidence.
The tenant did not return the keys.
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.
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: The oven was damaged beyond repair and required replacement. The damage 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. In calculating depreciation, I have taken into account the age and condition of the oven and its likely useful lifespan. The oven was second-hand and provided as a replacement halfway through the tenancy. Likely, the oven should be fully depreciated. However, I have awarded 20% of the replacement cost on the basis that, but for the damage, the oven would have been expected to last longer.
As the landlord has substantially succeeded with their application, they are entitled to reimbursement of the filing fee.

Tenancy Tribunal case 4764658 — Cleanliness at Unit/Flat 45, 1341 High Street, Taita, Lower Hutt 5011

At a glance

Tenancy Tribunal case 4764658 — Cleanliness at Unit/Flat 45, 1341 High Street, Taita, Lower Hutt 5011

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