What was the outcome of Tenancy Tribunal case 4777308?

The tribunal order states: Melehavoi Hunter must pay Oracle Property Management Limited as Agent For

How much money was awarded in case 4777308?

Cleaning: $224.25 awarded to landlord; Cleaning: $230.00 awarded to landlord; Filing Fee: $20.44 awarded to landlord; Pest Control: $180.00 awarded to landlord; Previous Order Balance Application 4…: $1,314.65 awarded to landlord; Door And Wall In Bedroom: $517.50 awarded to landlord; Rubbish Removal: $631.00 awarded to landlord

What type of tenancy dispute was case 4777308?

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

Where can I read the official tribunal order for case 4777308?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/10096091-Tenancy_Tribunal_Order.pdf.

What was the outcome of Tenancy Tribunal case 4777308?

The tribunal order states: Melehavoi Hunter must pay Oracle Property Management Limited as Agent For

How much money was awarded in case 4777308?

Cleaning: $224.25 awarded to landlord; Cleaning: $230.00 awarded to landlord; Filing Fee: $20.44 awarded to landlord; Pest Control: $180.00 awarded to landlord; Previous Order Balance Application 4…: $1,314.65 awarded to landlord; Door And Wall In Bedroom: $517.50 awarded to landlord; Rubbish Removal: $631.00 awarded to landlord

What type of tenancy dispute was case 4777308?

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

Where can I read the official tribunal order for case 4777308?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/10096091-Tenancy_Tribunal_Order.pdf.

Unit/Flat 5, 48 Avenue Road, Otahuhu, Auckland 1062 Tenancy Tribunal Case 4777308 — Property damage

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Unit/Flat 5, 48 Avenue Road, Otahuhu, Auckland 1062 Tenancy Tribunal Case 4777308 — 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 4777308 — net $3,117.84 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Previous order balance application 4702451 dated 20/11/2023	$1,314.65	Previous order balance application 4702451 dated 20/11/2023
Carpet Cleaning	$224.25	Carpet Cleaning
Rubbish removal	$631.00	Rubbish removal
Cleaning	$230.00	Cleaning
Pest control: Flea treatment	$180.00	Pest control: Flea treatment
Repairs: Door and wall in bedroom	$517.50	Repairs: Door and wall in bedroom
Filing fee reimbursement	$20.44	Filing fee reimbursement
Net award	$3,117.84
Total payable by Tenant to Landlord	$3,117.84

Claims and awards for application 4777308 — net $3,117.84 NZD. Verify on MoJ.

Previous order balance application 4702451 dated 20/11/2023

Amount: $1,314.65
Awarded to: Landlord
Reason: Previous order balance application 4702451 dated 20/11/2023

Carpet Cleaning

Amount: $224.25
Awarded to: Landlord
Reason: Carpet Cleaning

Rubbish removal

Amount: $631.00
Awarded to: Landlord
Reason: Rubbish removal

Cleaning

Amount: $230.00
Awarded to: Landlord
Reason: Cleaning

Pest control: Flea treatment

Amount: $180.00
Awarded to: Landlord
Reason: Pest control: Flea treatment

Claim types — money lines allowed on this order

Carpet Cleaning Cleanliness Filing Fee Pest Control Property damage Rubbish Removal

Order

Melehavoi Hunter must pay Oracle Property Management Limited as Agent For Avisha Limited $3,117.84 immediately, calculated as shown in table below.
This order incorporates the balance owed of Tribunal order made on 20 November 2023 under application 4702451.

Reasons

Ms Bessey attended the hearing for the landlord. The tenant did not attend.
The landlord has applied for, compensation for cleaning, including cleaning of the carpet, flea treatment, rubbish removal, repairs to the bedroom door and wall and reimbursement of the filing fee following the end of the tenancy.
The tenancy ended on 20 November 2023 by order of the tribunal TT4702451. The balance owed of $1314.65 is incorporated in this order for enforcement purposes.

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 is required to replace worn out smoke alarm batteries during the tenancy. See section 40(1)(ca) Residential Tenancies Act 1986. 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 had to steam clean the carpet because of the stains in the carpet and because the carpet smelt of cigarette smoke.
The property was infested with fleas, likely to have been as a result of the way that the tenant lived in the property, and the landlord had to treat the flea infestation. The tenant is liable for the cost of the flea treatment.
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.
I am satisfied that the tenant damaged the bedroom door by putting a hole in the door and the wall of the bedrooms by a large dent/ hole. This damage is not wear and tear and the tenant is liable.
This damage is in addition to the damage that was noted by the landlord on her other inspections of the property.
Because Oracle Property Management Limited As Agent For Avisha Limited has wholly succeeded with the claim I must reimburse 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 4777308 — net $3,117.84 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Previous order balance application 4702451 dated 20/11/2023	$1,314.65	Previous order balance application 4702451 dated 20/11/2023
Carpet Cleaning	$224.25	Carpet Cleaning
Rubbish removal	$631.00	Rubbish removal
Cleaning	$230.00	Cleaning
Pest control: Flea treatment	$180.00	Pest control: Flea treatment
Repairs: Door and wall in bedroom	$517.50	Repairs: Door and wall in bedroom
Filing fee reimbursement	$20.44	Filing fee reimbursement
Net award	$3,117.84
Total payable by Tenant to Landlord	$3,117.84

Claims and awards for application 4777308 — net $3,117.84 NZD. Verify on MoJ.

Previous order balance application 4702451 dated 20/11/2023

Amount: $1,314.65
Awarded to: Landlord
Reason: Previous order balance application 4702451 dated 20/11/2023

Carpet Cleaning

Amount: $224.25
Awarded to: Landlord
Reason: Carpet Cleaning

Rubbish removal

Amount: $631.00
Awarded to: Landlord
Reason: Rubbish removal

Cleaning

Amount: $230.00
Awarded to: Landlord
Reason: Cleaning

Pest control: Flea treatment

Amount: $180.00
Awarded to: Landlord
Reason: Pest control: Flea treatment

Claim types — money lines allowed on this order

Carpet Cleaning Cleanliness Filing Fee Pest Control Property damage Rubbish Removal

Order

Melehavoi Hunter must pay Oracle Property Management Limited as Agent For Avisha Limited $3,117.84 immediately, calculated as shown in table below.
This order incorporates the balance owed of Tribunal order made on 20 November 2023 under application 4702451.

Reasons

Ms Bessey attended the hearing for the landlord. The tenant did not attend.
The landlord has applied for, compensation for cleaning, including cleaning of the carpet, flea treatment, rubbish removal, repairs to the bedroom door and wall and reimbursement of the filing fee following the end of the tenancy.
The tenancy ended on 20 November 2023 by order of the tribunal TT4702451. The balance owed of $1314.65 is incorporated in this order for enforcement purposes.

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 is required to replace worn out smoke alarm batteries during the tenancy. See section 40(1)(ca) Residential Tenancies Act 1986. 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 had to steam clean the carpet because of the stains in the carpet and because the carpet smelt of cigarette smoke.
The property was infested with fleas, likely to have been as a result of the way that the tenant lived in the property, and the landlord had to treat the flea infestation. The tenant is liable for the cost of the flea treatment.
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.
I am satisfied that the tenant damaged the bedroom door by putting a hole in the door and the wall of the bedrooms by a large dent/ hole. This damage is not wear and tear and the tenant is liable.
This damage is in addition to the damage that was noted by the landlord on her other inspections of the property.
Because Oracle Property Management Limited As Agent For Avisha Limited has wholly succeeded with the claim I must reimburse the filing fee.

Tenancy Tribunal case 4777308 — Property damage at Unit/Flat 5, 48 Avenue Road, Otahuhu, Auckland 1062

At a glance

Tenancy Tribunal case 4777308 — Property damage at Unit/Flat 5, 48 Avenue Road, Otahuhu, Auckland 1062

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