What was the outcome of Tenancy Tribunal case 4770059?

The tribunal order states: Jemma Cook must pay The Rent Place Property Management Limited As Agent

How much money was awarded in case 4770059?

Cleaning: $391.00 awarded to landlord; Cleaning: $3,210.88 awarded to landlord; Filing Fee: $20.44 awarded to landlord; Property Damage: $241.50 awarded to landlord; Rent Arrears: $1,102.49 awarded to landlord; Plumber: $517.50 awarded to landlord; Plumber: $730.40 awarded to landlord; Rubbish Removal: $385.00 awarded to landlord

What type of tenancy dispute was case 4770059?

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

Where can I read the official tribunal order for case 4770059?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/10508775-Tenancy_Tribunal_Order.pdf.

What was the outcome of Tenancy Tribunal case 4770059?

The tribunal order states: Jemma Cook must pay The Rent Place Property Management Limited As Agent

How much money was awarded in case 4770059?

Cleaning: $391.00 awarded to landlord; Cleaning: $3,210.88 awarded to landlord; Filing Fee: $20.44 awarded to landlord; Property Damage: $241.50 awarded to landlord; Rent Arrears: $1,102.49 awarded to landlord; Plumber: $517.50 awarded to landlord; Plumber: $730.40 awarded to landlord; Rubbish Removal: $385.00 awarded to landlord

What type of tenancy dispute was case 4770059?

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

Where can I read the official tribunal order for case 4770059?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/10508775-Tenancy_Tribunal_Order.pdf.

8B Puriri Street, New Lynn, Auckland 0600 Tenancy Tribunal Case 4770059 — Cleanliness

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8B Puriri Street, New Lynn, Auckland 0600 Tenancy Tribunal Case 4770059 — 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 4770059 — net $4,999.21 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears to 6 November 2023	$1,102.49	Rent arrears to 6 November 2023
Rubbish removal	$385.00	Rubbish removal
Repairs: Plumber	$517.50	Repairs: Plumber
Repairs: Plumber	$730.40	Repairs: Plumber
Carpet Cleaning	$391.00	Carpet Cleaning
Lock/key replacement	$241.50	Lock/key replacement
Cleaning and repairs	$3,210.88	Cleaning and repairs
Filing fee reimbursement	$20.44	Filing fee reimbursement
Net award	$4,999.21
Total payable by Tenant to Landlord	$4,999.21

Claims and awards for application 4770059 — net $4,999.21 NZD. Verify on MoJ.

Rent arrears to 6 November 2023

Amount: $1,102.49
Awarded to: Landlord
Reason: Rent arrears to 6 November 2023

Rubbish removal

Amount: $385.00
Awarded to: Landlord
Reason: Rubbish removal

Repairs: Plumber

Amount: $517.50
Awarded to: Landlord
Reason: Repairs: Plumber

Repairs: Plumber

Amount: $730.40
Awarded to: Landlord
Reason: Repairs: Plumber

Carpet Cleaning

Amount: $391.00
Awarded to: Landlord
Reason: Carpet Cleaning

Claim types — money lines allowed on this order

Carpet Cleaning Cleanliness Filing Fee Property damage Rent arrears Rubbish Removal

Order

Jemma Cook must pay The Rent Place Property Management Limited As Agent For Brent Cameron $4,999.21 immediately, calculated as shown in table below.
The Bond Centre is to pay the bond of $1,600.00 (3569545-007) to The Rent Place Property Management Limited As Agent For Brent Cameron immediately.
The Rent Place Property Management Limited As Agent For Brent Cameron must take any personal documents belonging to the tenant, that have been left at the premises, to the nearest Police station and obtain a receipt for them.
The landlord shall dispose of the other goods left at the premises by the tenant by: a. selling all goods with a saleable value by public auction or by private contract at a reasonable market price, and b. disposing of all goods with no saleable value as the landlord sees fit.
The amount owing to the applicant out of the proceeds of any sale is $4,999.21.
The Rent Place Property Management Limited As Agent For Brent Cameron must pay the proceeds of any sale, less the amount owing, to the Bond Centre together with a copy of this order.

Reasons

The hearing was scheduled as a face to face hearing. On the day before the hearing, the applicant requested attendance by telephone due to illness, and the hearing was converted to a telephone conference.
The landlord attended the hearing. The respondent did not answer any of the three calls made at the scheduled time, to the number supplied to the Tribunal. Because I am satisfied the respondent has been correctly served notice of the hearing, the hearing was conducted in the respondent’s absence.
The landlord has applied for rent arrears, compensation, refund of the bond, a disposal order and reimbursement of the filing fee following the end of the tenancy.

How much is owed for rent?

The tenancy ended on 6 November 2023. The landlord provided rent records which prove the amount owing at the end of the tenancy is $1,102.49.

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 property reasonably clean and tidy and did not remove all of their rubbish.
A large amount of rubbish and personal belongings were left strewn throughout the premises at the end of the tenancy. The toilet was left blocked and full of human waste. Human faeces was found throughout the apartment on furniture and soft furnishings.
The keys were not returned and the locks had to be re-barrelled.
The carpet was left very dirty and stained and required professional cleaning to bring it back to a reasonable state of cleanliness.
The whole house required cleaners wearing PPE to undertake a thorough clean and some repairs to bring it back to a reasonable state of cleanliness.
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.
One of the toilets was damaged and had to be replaced. 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 items at the start of the tenancy and their likely useful lifespan. The quantum sought for repairs has been reduced to reflect this.
The landlord has applied for the disposal of goods that the tenant left at the premises at the end of the tenancy. The landlord is unable to contact the tenant.
The landlord may deduct any amount owing from the sale proceeds of any items sold, and must pay the balance to the Bond Centre. See sections 62(3)(b), 62B(2),(3) and (4), 62C(1)(b),(2) and (3) Residential Tenancies Act 1986).
The landlord may dispose of any goods that have no saleable value.
Because The Rent Place Property Management Limited As Agent For Brent Cameron has substantially succeeded with the claim I have reimbursed 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 4770059 — net $4,999.21 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears to 6 November 2023	$1,102.49	Rent arrears to 6 November 2023
Rubbish removal	$385.00	Rubbish removal
Repairs: Plumber	$517.50	Repairs: Plumber
Repairs: Plumber	$730.40	Repairs: Plumber
Carpet Cleaning	$391.00	Carpet Cleaning
Lock/key replacement	$241.50	Lock/key replacement
Cleaning and repairs	$3,210.88	Cleaning and repairs
Filing fee reimbursement	$20.44	Filing fee reimbursement
Net award	$4,999.21
Total payable by Tenant to Landlord	$4,999.21

Claims and awards for application 4770059 — net $4,999.21 NZD. Verify on MoJ.

Rent arrears to 6 November 2023

Amount: $1,102.49
Awarded to: Landlord
Reason: Rent arrears to 6 November 2023

Rubbish removal

Amount: $385.00
Awarded to: Landlord
Reason: Rubbish removal

Repairs: Plumber

Amount: $517.50
Awarded to: Landlord
Reason: Repairs: Plumber

Repairs: Plumber

Amount: $730.40
Awarded to: Landlord
Reason: Repairs: Plumber

Carpet Cleaning

Amount: $391.00
Awarded to: Landlord
Reason: Carpet Cleaning

Claim types — money lines allowed on this order

Carpet Cleaning Cleanliness Filing Fee Property damage Rent arrears Rubbish Removal

Order

Jemma Cook must pay The Rent Place Property Management Limited As Agent For Brent Cameron $4,999.21 immediately, calculated as shown in table below.
The Bond Centre is to pay the bond of $1,600.00 (3569545-007) to The Rent Place Property Management Limited As Agent For Brent Cameron immediately.
The Rent Place Property Management Limited As Agent For Brent Cameron must take any personal documents belonging to the tenant, that have been left at the premises, to the nearest Police station and obtain a receipt for them.
The landlord shall dispose of the other goods left at the premises by the tenant by: a. selling all goods with a saleable value by public auction or by private contract at a reasonable market price, and b. disposing of all goods with no saleable value as the landlord sees fit.
The amount owing to the applicant out of the proceeds of any sale is $4,999.21.
The Rent Place Property Management Limited As Agent For Brent Cameron must pay the proceeds of any sale, less the amount owing, to the Bond Centre together with a copy of this order.

Reasons

The hearing was scheduled as a face to face hearing. On the day before the hearing, the applicant requested attendance by telephone due to illness, and the hearing was converted to a telephone conference.
The landlord attended the hearing. The respondent did not answer any of the three calls made at the scheduled time, to the number supplied to the Tribunal. Because I am satisfied the respondent has been correctly served notice of the hearing, the hearing was conducted in the respondent’s absence.
The landlord has applied for rent arrears, compensation, refund of the bond, a disposal order and reimbursement of the filing fee following the end of the tenancy.

How much is owed for rent?

The tenancy ended on 6 November 2023. The landlord provided rent records which prove the amount owing at the end of the tenancy is $1,102.49.

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 property reasonably clean and tidy and did not remove all of their rubbish.
A large amount of rubbish and personal belongings were left strewn throughout the premises at the end of the tenancy. The toilet was left blocked and full of human waste. Human faeces was found throughout the apartment on furniture and soft furnishings.
The keys were not returned and the locks had to be re-barrelled.
The carpet was left very dirty and stained and required professional cleaning to bring it back to a reasonable state of cleanliness.
The whole house required cleaners wearing PPE to undertake a thorough clean and some repairs to bring it back to a reasonable state of cleanliness.
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.
One of the toilets was damaged and had to be replaced. 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 items at the start of the tenancy and their likely useful lifespan. The quantum sought for repairs has been reduced to reflect this.
The landlord has applied for the disposal of goods that the tenant left at the premises at the end of the tenancy. The landlord is unable to contact the tenant.
The landlord may deduct any amount owing from the sale proceeds of any items sold, and must pay the balance to the Bond Centre. See sections 62(3)(b), 62B(2),(3) and (4), 62C(1)(b),(2) and (3) Residential Tenancies Act 1986).
The landlord may dispose of any goods that have no saleable value.
Because The Rent Place Property Management Limited As Agent For Brent Cameron has substantially succeeded with the claim I have reimbursed the filing fee.

Tenancy Tribunal case 4770059 — Cleanliness at 8B Puriri Street, New Lynn, Auckland 0600

At a glance

Tenancy Tribunal case 4770059 — Cleanliness at 8B Puriri Street, New Lynn, Auckland 0600

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