What was the outcome of Tenancy Tribunal case 4791164?

The tribunal order states: Ana Mau Kaloni and Petelo Sanele Kaloni must pay D & M Properties 2006

How much money was awarded in case 4791164?

Cleaning: $660.96 awarded to landlord; Cleaning: $430.00 awarded to landlord; Filing Fee: $20.44 awarded to landlord; Lawns and Garden Work: $125.00 awarded to landlord; Property Damage: $550.00 awarded to landlord; Kitchen & Gate: $1,028.30 awarded to landlord; Rubbish Removal: $297.12 awarded to landlord

What type of tenancy dispute was case 4791164?

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

Where can I read the official tribunal order for case 4791164?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/10126818-Tenancy_Tribunal_Order.pdf.

What was the outcome of Tenancy Tribunal case 4791164?

The tribunal order states: Ana Mau Kaloni and Petelo Sanele Kaloni must pay D & M Properties 2006

How much money was awarded in case 4791164?

Cleaning: $660.96 awarded to landlord; Cleaning: $430.00 awarded to landlord; Filing Fee: $20.44 awarded to landlord; Lawns and Garden Work: $125.00 awarded to landlord; Property Damage: $550.00 awarded to landlord; Kitchen & Gate: $1,028.30 awarded to landlord; Rubbish Removal: $297.12 awarded to landlord

What type of tenancy dispute was case 4791164?

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

Where can I read the official tribunal order for case 4791164?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/10126818-Tenancy_Tribunal_Order.pdf.

234 Wai-Iti Road, Highfield, Timaru 7910 Tenancy Tribunal Case 4791164 — Property damage

Order

Claims and awards in Tenancy Tribunal application 4791164 — net $1,431.82 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Cleaning	$430.00	Cleaning
Carpet Cleaning	$660.96	Carpet Cleaning
Lawns and Garden work	$125.00	Lawns and Garden work
Rubbish removal	$297.12	Rubbish removal
Repairs: Kitchen & Gate	$1,028.30	Repairs: Kitchen & Gate
Repairs: Carpet - 1 insurance excess	$550.00	Repairs: Carpet - 1 insurance excess
Filing fee reimbursement	$20.44	Filing fee reimbursement
Net award	$1,431.82
Total payable by Tenant to Landlord	$1,431.82

Ana Mau Kaloni and Petelo Sanele Kaloni must pay D & M Properties 2006 Limited - As Agent For P & S Burridge $1,431.82 immediately, calculated as shown in table below. DescriptionLandlord Cleaning$430.00 Carpet Cleaning$660.96 Lawns and Garden work$125.00 Rubbish removal$297.12 Repairs: Kitchen & Gate$1,028.30 Repairs: Carpet - 1 insurance excess$550.00 Filing fee reimbursement$20.44 Total award$3,111.82 Bond$1,680.00 Total payable by Tenant to Landlord$1,431.82

The Bond Centre is to pay the bond of $1,680.00 (6118587-005) to D & M Properties 2006 Limited - As Agent For P & S Burridge immediately.

D & M Properties 2006 Limited - As Agent For P & S Burridge must take any of the tenant’s personal documents that have been left at the premises to the nearest Police station and obtain a receipt for them.

The landlord may dispose of the other goods left at the premises by the tenant as the landlord sees fit.

Reasons

A representative of the landlord attended a hearing by telephone. The tenants did not attend.

The tenancy was terminated by the Tribunal in December 2023 for breach of the tenant’s obligation to keep the premises reasonably clean and tidy. The landlord has now applied for compensation, refund of the bond, a disposal order 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 landlord provided photographs, invoices and oral evidence to support the claims. 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.

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.

The landlord claimed the cost of carpet replacement in the kitchen and dining area ($1,086.00), a gate repair, garage door repair and patching a hole in the kitchen.

The landlord established that the hole in the kitchen, damage to gate and dining room carpet was caused during the tenancy and is more than fair wear and tear. The tenant has not disproved liability for the damage. The amounts ordered are proved.

The landlord did not provide evidence of the damage to the garage door. That claim is dismissed.

Carpet in the kitchen was damaged and has been replaced, along with the dining room carpet. This is for a different area than the carpet cleaning awarded above. The carpet in the kitchen was under and/or adjacent to the freestanding oven. It is highly likely that carpet would be damaged by cooking/use of the oven. I also note that the carpet was 5 to 6 years old at the start of the tenancy. I have awarded one insurance excess for the replacement carpet in the kitchen/dining area. In doing do I have regard to depreciation, and the placement of carpet in the kitchen. Disposal of Goods

The landlord has applied for the disposal of goods the tenant left at the premises at the end of the tenancy. The landlord is unable to contact the tenant.

It is not practicable for the landlord to the return the goods to the tenant. The value of the goods is below the cost of storing, transporting and selling them. Therefore the landlord may dispose of the goods. See sections 62(3)(b), 62B(2) and (3) Residential Tenancies Act 1986.

As the landlord was the successful party, I have awarded reimbursement of the Tribunal filing fee.

Claims and awards in Tenancy Tribunal application 4791164 — net $1,431.82 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Cleaning	$430.00	Cleaning
Carpet Cleaning	$660.96	Carpet Cleaning
Lawns and Garden work	$125.00	Lawns and Garden work
Rubbish removal	$297.12	Rubbish removal
Repairs: Kitchen & Gate	$1,028.30	Repairs: Kitchen & Gate
Repairs: Carpet - 1 insurance excess	$550.00	Repairs: Carpet - 1 insurance excess
Filing fee reimbursement	$20.44	Filing fee reimbursement
Net award	$1,431.82
Total payable by Tenant to Landlord	$1,431.82

Order

Ana Mau Kaloni and Petelo Sanele Kaloni must pay D & M Properties 2006 Limited - As Agent For P & S Burridge $1,431.82 immediately, calculated as shown in table below. DescriptionLandlord Cleaning$430.00 Carpet Cleaning$660.96 Lawns and Garden work$125.00 Rubbish removal$297.12 Repairs: Kitchen & Gate$1,028.30 Repairs: Carpet - 1 insurance excess$550.00 Filing fee reimbursement$20.44 Total award$3,111.82 Bond$1,680.00 Total payable by Tenant to Landlord$1,431.82
The Bond Centre is to pay the bond of $1,680.00 (6118587-005) to D & M Properties 2006 Limited - As Agent For P & S Burridge immediately.
D & M Properties 2006 Limited - As Agent For P & S Burridge must take any of the tenant’s personal documents that have been left at the premises to the nearest Police station and obtain a receipt for them.
The landlord may dispose of the other goods left at the premises by the tenant as the landlord sees fit.

Reasons

A representative of the landlord attended a hearing by telephone. The tenants did not attend.
The tenancy was terminated by the Tribunal in December 2023 for breach of the tenant’s obligation to keep the premises reasonably clean and tidy. The landlord has now applied for compensation, refund of the bond, a disposal order 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 landlord provided photographs, invoices and oral evidence to support the claims. 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.
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.
The landlord claimed the cost of carpet replacement in the kitchen and dining area ($1,086.00), a gate repair, garage door repair and patching a hole in the kitchen.
The landlord established that the hole in the kitchen, damage to gate and dining room carpet was caused during the tenancy and is more than fair wear and tear. The tenant has not disproved liability for the damage. The amounts ordered are proved.
The landlord did not provide evidence of the damage to the garage door. That claim is dismissed.
Carpet in the kitchen was damaged and has been replaced, along with the dining room carpet. This is for a different area than the carpet cleaning awarded above. The carpet in the kitchen was under and/or adjacent to the freestanding oven. It is highly likely that carpet would be damaged by cooking/use of the oven. I also note that the carpet was 5 to 6 years old at the start of the tenancy. I have awarded one insurance excess for the replacement carpet in the kitchen/dining area. In doing do I have regard to depreciation, and the placement of carpet in the kitchen. Disposal of Goods
The landlord has applied for the disposal of goods the tenant left at the premises at the end of the tenancy. The landlord is unable to contact the tenant.
It is not practicable for the landlord to the return the goods to the tenant. The value of the goods is below the cost of storing, transporting and selling them. Therefore the landlord may dispose of the goods. See sections 62(3)(b), 62B(2) and (3) Residential Tenancies Act 1986.
As the landlord was the successful party, I have awarded reimbursement of the Tribunal filing fee.

Tenancy Tribunal case 4791164 — Property damage at 234 Wai-Iti Road, Highfield, Timaru 7910

At a glance

Tenancy Tribunal case 4791164 — Property damage at 234 Wai-Iti Road, Highfield, Timaru 7910

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