What was the outcome of Tenancy Tribunal case 4842462?

The tribunal order states: Ariana Martin must pay Dwell Housing Trust $1,378.75 immediately, calculated

How much money was awarded in case 4842462?

Cleaning: $339.25 awarded to landlord; Credit In The Rent Account: $580.14 awarded to tenant; Filing Fee: $20.44 awarded to landlord; Property Damage: $28.29 awarded to landlord; Property Damage: $225.93 awarded to landlord; Property Damage: $225.22 awarded to landlord; Property Damage: $216.92 awarded to landlord; three holes in walls and a cupboard…: $300.00 awarded to landlord; to replace the door viewers in fire…: $263.09 awarded to landlord; Rubbish Removal: $603.75 awarded to landlord

What type of tenancy dispute was case 4842462?

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

Where can I read the official tribunal order for case 4842462?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/10596640-Tenancy_Tribunal_Order.pdf.

What was the outcome of Tenancy Tribunal case 4842462?

The tribunal order states: Ariana Martin must pay Dwell Housing Trust $1,378.75 immediately, calculated

How much money was awarded in case 4842462?

Cleaning: $339.25 awarded to landlord; Credit In The Rent Account: $580.14 awarded to tenant; Filing Fee: $20.44 awarded to landlord; Property Damage: $28.29 awarded to landlord; Property Damage: $225.93 awarded to landlord; Property Damage: $225.22 awarded to landlord; Property Damage: $216.92 awarded to landlord; three holes in walls and a cupboard…: $300.00 awarded to landlord; to replace the door viewers in fire…: $263.09 awarded to landlord; Rubbish Removal: $603.75 awarded to landlord

What type of tenancy dispute was case 4842462?

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

Where can I read the official tribunal order for case 4842462?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/10596640-Tenancy_Tribunal_Order.pdf.

Unit/Flat D902, 320 Mansfield Street, Newtown, Wellington Tenancy Tribunal Case 4842462 — Property damage

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Unit/Flat D902, 320 Mansfield Street, Newtown, Wellington Tenancy Tribunal Case 4842462 — 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 4842462 — net $1,378.75 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Tenant	Reason
Repairs: to replace the door viewers in fire door	$263.09		Repairs: to replace the door viewers in fire door
Rubbish removal: (not including the fridge or washing	$603.75		Rubbish removal: (not including the fridge or washing
Cleaning	$339.25		Cleaning
Lock/key replacement: end of the tenancy	$216.92		Lock/key replacement: end of the tenancy
Lock/key replacement: 12/10/23	$28.29		Lock/key replacement: 12/10/23
Lock/key replacement: 19/10/23	$225.93		Lock/key replacement: 19/10/23
Lock/key replacement: 6/11/23	$225.22		Lock/key replacement: 6/11/23
Repairs: three holes in walls and a cupboard door	$300.00		Repairs: three holes in walls and a cupboard door
Filing fee reimbursement	$20.44		Filing fee reimbursement
Credit in the rent account		$580.14	Credit in the rent account
Bond refunded by consent		$264.00	Bond refunded by consent
Total award	$2,222.89	$844.14
Net award	$1,378.75
Total payable by Tenant to Landlord	$1,378.75

Claims and awards for application 4842462 — net $1,378.75 NZD. Verify on MoJ.

Repairs: to replace the door viewers in fire door

Amount: $263.09
Awarded to: Landlord
Reason: Repairs: to replace the door viewers in fire door

Rubbish removal: (not including the fridge or washing

Amount: $603.75
Awarded to: Landlord
Reason: Rubbish removal: (not including the fridge or washing

Cleaning

Amount: $339.25
Awarded to: Landlord
Reason: Cleaning

Lock/key replacement: end of the tenancy

Amount: $216.92
Awarded to: Landlord
Reason: Lock/key replacement: end of the tenancy

Lock/key replacement: 12/10/23

Amount: $28.29
Awarded to: Landlord
Reason

Dismissed claims

Other Claims — All other claims dismissed

Claim types — money lines allowed on this order

Cleanliness Filing Fee Property damage Rubbish Removal

Order

Ariana Martin must pay Dwell Housing Trust $1,378.75 immediately, calculated as shown in table below.
All other claims are dismissed.

Reasons

The landlord attended the hearing. The landlord has applied for compensation and reimbursement of the filing fee following the end of the tenancy.

Did the tenant comply with her 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 (RTA).
The landlord took photos showing the apartment at the end of the tenancy. I find the tenant did not leave the premises reasonably clean and tidy and did not remove all rubbish. The tenant did not return the keys either. The amounts ordered are proved.

Should the tenant pay for replacement keys issued during the tenancy?

There are five claims for attendances by a locksmith during the last 5 months of the tenancy. None of the invoices for locks and keys were given to the tenant during the tenancy. I have allowed three of those from October and November because the tenancy agreement very clearly states that there will be a charge for replacement keys and fobs. Further, these three claims are close enough to the events that the tenant should remember what happened, and still have the supporting information if she wanted to challenge the claims.
I have not allowed the invoice from August 2023 because it seems unfair to me to charge the tenant so long after the event. The claim from 22 October when the locksmith picked the lock to allow access is not allowed because this did not result in any replacement keys or fobs, and there is nothing in writing to show the tenant knew she would be charged for the call out. I note the tenancy agreement does not provide for a fee to gain entry.

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.
There was damage to two walls and to a kitchen cupboard, and the tenant removed the viewing holes in the apartment door. The landlord has provided evidence that the damage happened during the tenancy. I have not heard any evidence from the tenant. I find 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 not allowed the claim for painting the apartment door at the request of the tenant. This request was made towards the end of the tenancy and there was no real need for the door to be painted. The damage I saw in the photos was some minor scratching and there was no structural damage. Regardless of the conversation about cost, I would have preferred to see some acknowledgement in writing that the tenant understood what the cost would be and that she agreed she would pay. This claim is dismissed. Other orders
Because the landlord has substantially succeeded with the claim I have reimbursed the filing fee.
The landlord made an application for suppression, mostly for the tenant. The Tribunal must, on the application of a party that has wholly or substantially succeeded in proceedings, order that the party’s name or identifying particulars not be published, unless the Tribunal considers that publication is in the public interest or is justified because of the party’s conduct or any other circumstances of the case. I have not allowed suppression because the landlord is a social housing provider and there is public interest in how tenancies are managed when the landlord receives income related rent from MSD.
I have considered the information provided by the landlord at the hearing on behalf of the tenant. The Tribunal may, on the application of any party to proceedings or on its own initiative, having regard to the interests of the parties and to the public interest, order that all or part of the evidence given or the name or any identifying particulars of any witness or party not be published. I have not used my discretion to allow suppression for the tenant. She has not attended the hearing and she left the tenancy owing money to the landlord. I find there is public interest in her being named in the order. See section 95A RTA.

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 4842462 — net $1,378.75 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Tenant	Reason
Repairs: to replace the door viewers in fire door	$263.09		Repairs: to replace the door viewers in fire door
Rubbish removal: (not including the fridge or washing	$603.75		Rubbish removal: (not including the fridge or washing
Cleaning	$339.25		Cleaning
Lock/key replacement: end of the tenancy	$216.92		Lock/key replacement: end of the tenancy
Lock/key replacement: 12/10/23	$28.29		Lock/key replacement: 12/10/23
Lock/key replacement: 19/10/23	$225.93		Lock/key replacement: 19/10/23
Lock/key replacement: 6/11/23	$225.22		Lock/key replacement: 6/11/23
Repairs: three holes in walls and a cupboard door	$300.00		Repairs: three holes in walls and a cupboard door
Filing fee reimbursement	$20.44		Filing fee reimbursement
Credit in the rent account		$580.14	Credit in the rent account
Bond refunded by consent		$264.00	Bond refunded by consent
Total award	$2,222.89	$844.14
Net award	$1,378.75
Total payable by Tenant to Landlord	$1,378.75

Claims and awards for application 4842462 — net $1,378.75 NZD. Verify on MoJ.

Repairs: to replace the door viewers in fire door

Amount: $263.09
Awarded to: Landlord
Reason: Repairs: to replace the door viewers in fire door

Rubbish removal: (not including the fridge or washing

Amount: $603.75
Awarded to: Landlord
Reason: Rubbish removal: (not including the fridge or washing

Cleaning

Amount: $339.25
Awarded to: Landlord
Reason: Cleaning

Lock/key replacement: end of the tenancy

Amount: $216.92
Awarded to: Landlord
Reason: Lock/key replacement: end of the tenancy

Lock/key replacement: 12/10/23

Amount: $28.29
Awarded to: Landlord
Reason

Dismissed claims

Other Claims — All other claims dismissed

Claim types — money lines allowed on this order

Cleanliness Filing Fee Property damage Rubbish Removal

Order

Ariana Martin must pay Dwell Housing Trust $1,378.75 immediately, calculated as shown in table below.
All other claims are dismissed.

Reasons

The landlord attended the hearing. The landlord has applied for compensation and reimbursement of the filing fee following the end of the tenancy.

Did the tenant comply with her 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 (RTA).
The landlord took photos showing the apartment at the end of the tenancy. I find the tenant did not leave the premises reasonably clean and tidy and did not remove all rubbish. The tenant did not return the keys either. The amounts ordered are proved.

Should the tenant pay for replacement keys issued during the tenancy?

There are five claims for attendances by a locksmith during the last 5 months of the tenancy. None of the invoices for locks and keys were given to the tenant during the tenancy. I have allowed three of those from October and November because the tenancy agreement very clearly states that there will be a charge for replacement keys and fobs. Further, these three claims are close enough to the events that the tenant should remember what happened, and still have the supporting information if she wanted to challenge the claims.
I have not allowed the invoice from August 2023 because it seems unfair to me to charge the tenant so long after the event. The claim from 22 October when the locksmith picked the lock to allow access is not allowed because this did not result in any replacement keys or fobs, and there is nothing in writing to show the tenant knew she would be charged for the call out. I note the tenancy agreement does not provide for a fee to gain entry.

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.
There was damage to two walls and to a kitchen cupboard, and the tenant removed the viewing holes in the apartment door. The landlord has provided evidence that the damage happened during the tenancy. I have not heard any evidence from the tenant. I find 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 not allowed the claim for painting the apartment door at the request of the tenant. This request was made towards the end of the tenancy and there was no real need for the door to be painted. The damage I saw in the photos was some minor scratching and there was no structural damage. Regardless of the conversation about cost, I would have preferred to see some acknowledgement in writing that the tenant understood what the cost would be and that she agreed she would pay. This claim is dismissed. Other orders
Because the landlord has substantially succeeded with the claim I have reimbursed the filing fee.
The landlord made an application for suppression, mostly for the tenant. The Tribunal must, on the application of a party that has wholly or substantially succeeded in proceedings, order that the party’s name or identifying particulars not be published, unless the Tribunal considers that publication is in the public interest or is justified because of the party’s conduct or any other circumstances of the case. I have not allowed suppression because the landlord is a social housing provider and there is public interest in how tenancies are managed when the landlord receives income related rent from MSD.
I have considered the information provided by the landlord at the hearing on behalf of the tenant. The Tribunal may, on the application of any party to proceedings or on its own initiative, having regard to the interests of the parties and to the public interest, order that all or part of the evidence given or the name or any identifying particulars of any witness or party not be published. I have not used my discretion to allow suppression for the tenant. She has not attended the hearing and she left the tenancy owing money to the landlord. I find there is public interest in her being named in the order. See section 95A RTA.

Tenancy Tribunal case 4842462 — Property damage at Unit/Flat D902, 320 Mansfield Street, Newtown, Wellington

At a glance

Tenancy Tribunal case 4842462 — Property damage at Unit/Flat D902, 320 Mansfield Street, Newtown, Wellington

At a glance

Award balance

Claims & awards

Dismissed claims

Order

Reasons

Did the tenant comply with her obligations at the end of the tenancy?

Should the tenant pay for replacement keys issued during 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

Dismissed claims

Order

Reasons

Did the tenant comply with her obligations at the end of the tenancy?

Should the tenant pay for replacement keys issued during 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