What was the outcome of Tenancy Tribunal case 4811637?

The tribunal order states: Alistair Beazley must pay The Rent Shop Limited - as Agent for Peter Tzeng

How much money was awarded in case 4811637?

Cleaning: $934.95 awarded to landlord; Cleaning: $563.50 awarded to landlord; Filing Fee: $20.44 awarded to landlord; Property Damage: $536.50 awarded to landlord; Rent: $362.86 awarded to landlord; Rubbish Removal: $1,276.75 awarded to landlord; Rubbish Removal: $578.27 awarded to landlord; Water Charges To End Of Tenancy: $340.65 awarded to landlord

What type of tenancy dispute was case 4811637?

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

Where can I read the official tribunal order for case 4811637?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/10595822-Tenancy_Tribunal_Order.pdf.

What was the outcome of Tenancy Tribunal case 4811637?

The tribunal order states: Alistair Beazley must pay The Rent Shop Limited - as Agent for Peter Tzeng

How much money was awarded in case 4811637?

Cleaning: $934.95 awarded to landlord; Cleaning: $563.50 awarded to landlord; Filing Fee: $20.44 awarded to landlord; Property Damage: $536.50 awarded to landlord; Rent: $362.86 awarded to landlord; Rubbish Removal: $1,276.75 awarded to landlord; Rubbish Removal: $578.27 awarded to landlord; Water Charges To End Of Tenancy: $340.65 awarded to landlord

What type of tenancy dispute was case 4811637?

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

Where can I read the official tribunal order for case 4811637?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/10595822-Tenancy_Tribunal_Order.pdf.

64 Chichester Drive, Rosehill, Papakura 2113 Tenancy Tribunal Case 4811637 — Cleanliness

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64 Chichester Drive, Rosehill, Papakura 2113 Tenancy Tribunal Case 4811637 — 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 4811637. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent to 26 February 2024	$362.86	Rent to 26 February 2024
Filing fee reimbursement	$20.44	Filing fee reimbursement
Water charges to end of tenancy	$340.65	Water charges to end of tenancy
Cleaning and carpet cleaning	$934.95	Cleaning and carpet cleaning
Rubbish removal (external	$1,276.75	Rubbish removal (external
Pest control and carpet cleaning	$563.50	Pest control and carpet cleaning
Lock/key replacement	$536.50	Lock/key replacement
Rubbish removal (garage	$578.27	Rubbish removal (garage

Claims and awards for application 4811637. Verify on MoJ.

Rent to 26 February 2024

Amount: $362.86
Awarded to: Landlord
Reason: Rent to 26 February 2024

Filing fee reimbursement

Amount: $20.44
Awarded to: Landlord
Reason: Filing fee reimbursement

Water charges to end of tenancy

Amount: $340.65
Awarded to: Landlord
Reason: Water charges to end of tenancy

Cleaning and carpet cleaning

Amount: $934.95
Awarded to: Landlord
Reason: Cleaning and carpet cleaning

Rubbish removal (external

Amount: $1,276.75
Awarded to: Landlord
Reason: Rubbish removal (external

Claim types — money lines allowed on this order

Carpet Cleaning Filing Fee Property damage Rubbish Removal

Order

Alistair Beazley must pay The Rent Shop Limited - as Agent for Peter Tzeng $2,413.92 immediately, calculated as shown in the table below.

Reasons

The landlord attended the hearing today.
The landlord has applied for rent arrears, outgoings, compensation, refund of the bond, and reimbursement of the filing fee following the end of the tenancy.

How much is owed for rent and water?

The tenancy ended on 26 February 2024. The landlord provided rent records and water invoices 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.
The tenant did not leave the premises reasonably clean and tidy and did not remove all rubbish. The exit inspection photographs show there was a need to clean and vacuum the floors, stove and oven, and kitchen cabinets in particular. The tenant had 2 dogs and the carpets needed to be cleaned to remove the smell. There was rubbish left behind outside and in the garage.
The tenant did not return the keys. The locks had to be changed to make the property secure.
The landlord returned to the property after it had been cleaned and said she was covered in fleas. Pest control had to be performed and the carpets cleaned a second time.

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.
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 4 week’s rent. The insurance excess was $650.00 with a weekly rent of $550.00.
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.
Several windows were damaged during the tenancy. The landlord claimed the insurance excess for the cost of replacement. The tenant’s explanation was that one of their dogs attacked a neighbour’s dog and the neighbour broke the windows in retaliation. I understood from the landlord that the Council were involved, and the tenant’s dog was impounded but later returned. There is no further information verifying the tenant’s account. There are no photographs showing the damage to the windows.
Without photographs the Tribunal cannot assess whether the windows needed replacing. There is also some evidence that the tenant did not damage the windows, and the landlord acknowledged that there was conflict between the tenant and his neighbour. I decline to award the cost of replacement windows. Filing fee
The landlord’s application has been substantially successful. I award the filing fee. I note that the bond has already been refunded to the landlord.

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 4811637. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent to 26 February 2024	$362.86	Rent to 26 February 2024
Filing fee reimbursement	$20.44	Filing fee reimbursement
Water charges to end of tenancy	$340.65	Water charges to end of tenancy
Cleaning and carpet cleaning	$934.95	Cleaning and carpet cleaning
Rubbish removal (external	$1,276.75	Rubbish removal (external
Pest control and carpet cleaning	$563.50	Pest control and carpet cleaning
Lock/key replacement	$536.50	Lock/key replacement
Rubbish removal (garage	$578.27	Rubbish removal (garage

Claims and awards for application 4811637. Verify on MoJ.

Rent to 26 February 2024

Amount: $362.86
Awarded to: Landlord
Reason: Rent to 26 February 2024

Filing fee reimbursement

Amount: $20.44
Awarded to: Landlord
Reason: Filing fee reimbursement

Water charges to end of tenancy

Amount: $340.65
Awarded to: Landlord
Reason: Water charges to end of tenancy

Cleaning and carpet cleaning

Amount: $934.95
Awarded to: Landlord
Reason: Cleaning and carpet cleaning

Rubbish removal (external

Amount: $1,276.75
Awarded to: Landlord
Reason: Rubbish removal (external

Claim types — money lines allowed on this order

Carpet Cleaning Filing Fee Property damage Rubbish Removal

Order

Alistair Beazley must pay The Rent Shop Limited - as Agent for Peter Tzeng $2,413.92 immediately, calculated as shown in the table below.

Reasons

The landlord attended the hearing today.
The landlord has applied for rent arrears, outgoings, compensation, refund of the bond, and reimbursement of the filing fee following the end of the tenancy.

How much is owed for rent and water?

The tenancy ended on 26 February 2024. The landlord provided rent records and water invoices 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.
The tenant did not leave the premises reasonably clean and tidy and did not remove all rubbish. The exit inspection photographs show there was a need to clean and vacuum the floors, stove and oven, and kitchen cabinets in particular. The tenant had 2 dogs and the carpets needed to be cleaned to remove the smell. There was rubbish left behind outside and in the garage.
The tenant did not return the keys. The locks had to be changed to make the property secure.
The landlord returned to the property after it had been cleaned and said she was covered in fleas. Pest control had to be performed and the carpets cleaned a second time.

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.
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 4 week’s rent. The insurance excess was $650.00 with a weekly rent of $550.00.
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.
Several windows were damaged during the tenancy. The landlord claimed the insurance excess for the cost of replacement. The tenant’s explanation was that one of their dogs attacked a neighbour’s dog and the neighbour broke the windows in retaliation. I understood from the landlord that the Council were involved, and the tenant’s dog was impounded but later returned. There is no further information verifying the tenant’s account. There are no photographs showing the damage to the windows.
Without photographs the Tribunal cannot assess whether the windows needed replacing. There is also some evidence that the tenant did not damage the windows, and the landlord acknowledged that there was conflict between the tenant and his neighbour. I decline to award the cost of replacement windows. Filing fee
The landlord’s application has been substantially successful. I award the filing fee. I note that the bond has already been refunded to the landlord.

Tenancy Tribunal case 4811637 — Cleanliness at 64 Chichester Drive, Rosehill, Papakura 2113

At a glance

Tenancy Tribunal case 4811637 — Cleanliness at 64 Chichester Drive, Rosehill, Papakura 2113

At a glance

Claims & awards

Order

Reasons

How much is owed for rent and water?

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

Key findings

Property management

Frequently asked questions

Claims & awards

Order

Reasons

How much is owed for rent and water?

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

Key findings

Property management

Frequently asked questions