What was the outcome of Tenancy Tribunal case 4816158?

The tribunal order states: Hayel Khalil Alobeid must pay Kāinga Ora–Homes and Communities $1,085.22

How much money was awarded in case 4816158?

Cleaning: $218.70 awarded to landlord; Rent Arrears: $58.64 awarded to landlord; Replace Lounge Carpet Less Depreciat…: $335.34 awarded to landlord; Replace Stove Less Depreciation: $472.54 awarded to landlord

What type of tenancy dispute was case 4816158?

The primary dispute was Cleanliness. Related themes: Rent arrears.

Where can I read the official tribunal order for case 4816158?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/10848823-Tribunal_Order.pdf.

What was the outcome of Tenancy Tribunal case 4816158?

The tribunal order states: Hayel Khalil Alobeid must pay Kāinga Ora–Homes and Communities $1,085.22

How much money was awarded in case 4816158?

Cleaning: $218.70 awarded to landlord; Rent Arrears: $58.64 awarded to landlord; Replace Lounge Carpet Less Depreciat…: $335.34 awarded to landlord; Replace Stove Less Depreciation: $472.54 awarded to landlord

What type of tenancy dispute was case 4816158?

The primary dispute was Cleanliness. Related themes: Rent arrears.

Where can I read the official tribunal order for case 4816158?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/10848823-Tribunal_Order.pdf.

Unit/Flat 108, 64B Galway Street, Onehunga, Auckland Tenancy Tribunal Case 4816158 — Cleanliness

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Unit/Flat 108, 64B Galway Street, Onehunga, Auckland Tenancy Tribunal Case 4816158 — 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 4816158 — net $1,085.22 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears to end of tenancy	$58.64	Rent arrears to end of tenancy
Cleaning	$218.70	Cleaning
Replace stove less depreciation	$472.54	Replace stove less depreciation
Replace lounge carpet less depreciation	$335.34	Replace lounge carpet less depreciation
Net award	$1,085.22
Total payable by Tenant to Landlord	$1,085.22

Claims and awards for application 4816158 — net $1,085.22 NZD. Verify on MoJ.

Rent arrears to end of tenancy

Amount: $58.64
Awarded to: Landlord
Reason: Rent arrears to end of tenancy

Cleaning

Amount: $218.70
Awarded to: Landlord
Reason: Cleaning

Replace stove less depreciation

Amount: $472.54
Awarded to: Landlord
Reason: Replace stove less depreciation

Replace lounge carpet less depreciation

Amount: $335.34
Awarded to: Landlord
Reason: Replace lounge carpet less depreciation

Net award

Landlord $1,085.22

Total payable by Tenant to Landlord

Landlord $1,085.22

Claim types — money lines allowed on this order

Cleanliness Rent arrears

Order

Hayel Khalil Alobeid must pay Kāinga Ora–Homes and Communities $1,085.22 immediately, calculated as shown in table below.

Reasons

Only the landlord attended this hearing which took place by teleconference. The tenant was called on the number provided three times but the calls went to voicemail.
This hearing was adjourned on 18 July 2024 to a teleconference as the tenant has moved out of Auckland.
The file records that the tenant has been sent notice of today’s hearing so the hearing proceeded in his absence.
The landlord has applied for rent arrears and compensation following the end of the tenancy. DescriptionLandlord Rent arrears to end of tenancy$58.64 Cleaning$218.70 Replace stove less depreciation$472.54 Replace lounge carpet less depreciation$335.34 Total award$1,085.22 Total payable by Tenant to Landlord$1,085.22

How much is owed for rent?

This tenancy began in August 2020 and ended on 12 February 2024. 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.
The tenant did not leave the premises reasonably clean and tidy. The landlord provided exit inspection photographs. The cleaning cost was $437.40 but the landlord is seeking half of the cleaning cost in the sum of $218.70 and this is ordered accordingly.

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.
The following damage was caused during the tenancy: Damage to the stove and the living room carpet both of which were brand new at the commencement of the tenancy in 2020. The landlord has provided entry and exit inspection photographs and advised that attempts were made to clean both items but they were beyond being able to be cleaned. Having considered the evidence I am satisfied that the damage is more than fair wear and tear, and the tenant has not disproved liability for the damage.
In considering compensation 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 landlord seeks $787.58 being the cost of the replacement stove. Stoves have an approximate life span of 10 years in rental properties. I have depreciated the replacement cost by 4 years and order reimbursement of 60 percent of the cost being $472.54.
The landlord seeks reimbursement of half of the cost of uplifting and replacing the lounge carpet in the sum of $335.34 and this amount is ordered as sought.

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 4816158 — net $1,085.22 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears to end of tenancy	$58.64	Rent arrears to end of tenancy
Cleaning	$218.70	Cleaning
Replace stove less depreciation	$472.54	Replace stove less depreciation
Replace lounge carpet less depreciation	$335.34	Replace lounge carpet less depreciation
Net award	$1,085.22
Total payable by Tenant to Landlord	$1,085.22

Claims and awards for application 4816158 — net $1,085.22 NZD. Verify on MoJ.

Rent arrears to end of tenancy

Amount: $58.64
Awarded to: Landlord
Reason: Rent arrears to end of tenancy

Cleaning

Amount: $218.70
Awarded to: Landlord
Reason: Cleaning

Replace stove less depreciation

Amount: $472.54
Awarded to: Landlord
Reason: Replace stove less depreciation

Replace lounge carpet less depreciation

Amount: $335.34
Awarded to: Landlord
Reason: Replace lounge carpet less depreciation

Net award

Landlord $1,085.22

Total payable by Tenant to Landlord

Landlord $1,085.22

Claim types — money lines allowed on this order

Cleanliness Rent arrears

Order

Hayel Khalil Alobeid must pay Kāinga Ora–Homes and Communities $1,085.22 immediately, calculated as shown in table below.

Reasons

Only the landlord attended this hearing which took place by teleconference. The tenant was called on the number provided three times but the calls went to voicemail.
This hearing was adjourned on 18 July 2024 to a teleconference as the tenant has moved out of Auckland.
The file records that the tenant has been sent notice of today’s hearing so the hearing proceeded in his absence.
The landlord has applied for rent arrears and compensation following the end of the tenancy. DescriptionLandlord Rent arrears to end of tenancy$58.64 Cleaning$218.70 Replace stove less depreciation$472.54 Replace lounge carpet less depreciation$335.34 Total award$1,085.22 Total payable by Tenant to Landlord$1,085.22

How much is owed for rent?

This tenancy began in August 2020 and ended on 12 February 2024. 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.
The tenant did not leave the premises reasonably clean and tidy. The landlord provided exit inspection photographs. The cleaning cost was $437.40 but the landlord is seeking half of the cleaning cost in the sum of $218.70 and this is ordered accordingly.

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.
The following damage was caused during the tenancy: Damage to the stove and the living room carpet both of which were brand new at the commencement of the tenancy in 2020. The landlord has provided entry and exit inspection photographs and advised that attempts were made to clean both items but they were beyond being able to be cleaned. Having considered the evidence I am satisfied that the damage is more than fair wear and tear, and the tenant has not disproved liability for the damage.
In considering compensation 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 landlord seeks $787.58 being the cost of the replacement stove. Stoves have an approximate life span of 10 years in rental properties. I have depreciated the replacement cost by 4 years and order reimbursement of 60 percent of the cost being $472.54.
The landlord seeks reimbursement of half of the cost of uplifting and replacing the lounge carpet in the sum of $335.34 and this amount is ordered as sought.

Tenancy Tribunal case 4816158 — Cleanliness at Unit/Flat 108, 64B Galway Street, Onehunga, Auckland

At a glance

Tenancy Tribunal case 4816158 — Cleanliness at Unit/Flat 108, 64B Galway Street, Onehunga, Auckland

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

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

Frequently asked questions