What was the outcome of Tenancy Tribunal case 4859746?

The tribunal order states: Nicholas William Reid and Diana Ester Berrocal Oelckers must pay Wellington

How much money was awarded in case 4859746?

CCTV Footage: $333.50 awarded to landlord; Cleaning: $879.75 awarded to landlord; Filing Fee: $20.44 awarded to landlord; Previous Order Application 4707949 D…: $7,940.44 awarded to landlord; Property Damage: $167.50 awarded to landlord; Replace Furnishings: Blinds: $604.90 awarded to landlord; Replace furnishings: shelving unit x…: $960.86 awarded to landlord; Replace Furnishings: Washer/Dryer: $1,403.00 awarded to landlord; Smoke Alarms: $195.50 awarded to landlord; Rubbish Removal: $186.88 awarded to landlord; Rubbish Removal: $184.00 awarded to landlord

What type of tenancy dispute was case 4859746?

The primary dispute was Cleanliness. Related themes: Smoke alarms, Property damage.

Where can I read the official tribunal order for case 4859746?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/10792901-Tenancy_Tribunal_Order.pdf.

What was the outcome of Tenancy Tribunal case 4859746?

The tribunal order states: Nicholas William Reid and Diana Ester Berrocal Oelckers must pay Wellington

How much money was awarded in case 4859746?

CCTV Footage: $333.50 awarded to landlord; Cleaning: $879.75 awarded to landlord; Filing Fee: $20.44 awarded to landlord; Previous Order Application 4707949 D…: $7,940.44 awarded to landlord; Property Damage: $167.50 awarded to landlord; Replace Furnishings: Blinds: $604.90 awarded to landlord; Replace furnishings: shelving unit x…: $960.86 awarded to landlord; Replace Furnishings: Washer/Dryer: $1,403.00 awarded to landlord; Smoke Alarms: $195.50 awarded to landlord; Rubbish Removal: $186.88 awarded to landlord; Rubbish Removal: $184.00 awarded to landlord

What type of tenancy dispute was case 4859746?

The primary dispute was Cleanliness. Related themes: Smoke alarms, Property damage.

Where can I read the official tribunal order for case 4859746?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/10792901-Tenancy_Tribunal_Order.pdf.

Unit/Flat Unit 1105, 180 Willis Street, Te Aro, Wellington Tenancy Tribunal Case 4859746 — Cleanliness

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Unit/Flat Unit 1105, 180 Willis Street, Te Aro, Wellington Tenancy Tribunal Case 4859746 — 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 4859746 — net $12,876.77 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Previous order application 4707949 dated 06/12/2023	$7,940.44	Previous order application 4707949 dated 06/12/2023
Replace furnishings: washer/dryer	$1,403.00	Replace furnishings: washer/dryer
Replace furnishings: shelving unit x2	$960.86	Replace furnishings: shelving unit x2
Replace smoke alarms: reinstate	$195.50	Replace smoke alarms: reinstate
Rubbish removal	$186.88	Rubbish removal
Rubbish removal: disposal of bed after storage	$184.00	Rubbish removal: disposal of bed after storage
Cleaning	$879.75	Cleaning
Lock/key replacement	$167.50	Lock/key replacement
CCTV footage	$333.50	CCTV footage
Filing fee reimbursement	$20.44	Filing fee reimbursement
Replace furnishings: blinds	$604.90	Replace furnishings: blinds
Net award	$12,876.77
Total payable by Tenant to Landlord	$12,876.77

Claims and awards for application 4859746 — net $12,876.77 NZD. Verify on MoJ.

Previous order application 4707949 dated 06/12/2023

Amount: $7,940.44
Awarded to: Landlord
Reason: Previous order application 4707949 dated 06/12/2023

Replace furnishings: washer/dryer

Amount: $1,403.00
Awarded to: Landlord
Reason: Replace furnishings: washer/dryer

Replace furnishings: shelving unit x2

Amount: $960.86
Awarded to: Landlord
Reason: Replace furnishings: shelving unit x2

Replace smoke alarms: reinstate

Amount: $195.50
Awarded to: Landlord
Reason: Replace smoke alarms: reinstate

Rubbish removal

Amount: $186.88
Awarded to: Landlord
Reason

Claim types — money lines allowed on this order

Cleanliness Filing Fee Property damage Replace Smoke Alarms Rubbish Removal

Order

Nicholas William Reid and Diana Ester Berrocal Oelckers must pay Wellington City Council Limited $12,876.77 immediately, in accordance with the following table:
This order incorporates the Tribunal order made on 6 December 2023 under application 4707949.

Reasons

The landlord attended the hearing. There was no appearance for the tenants.
The landlord had attempted to contact the tenants via phone and email on a number of occasions since the end of the tenancy, but they have not replied. The tenants listed their email addresses as their address for service on the tenancy agreement and had been emailed a copy of the application. They used the email address and phone number that was used for service of the application during the tenancy.
Accordingly, pursuant to section 91B(2) of the Residential Tenancies Act 1986 (RTA) I am satisfied that the tenants have been adequately served and as such in accordance with section 92 of the RTA, the hearing went ahead in their absence.
The landlord has applied for compensation following the end of the tenancy. The tenancy ended by Tribunal order on 6 December 2024 after the tenants failed to pay any rent. The previous order is incorporated into 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) RTA.
The landlord has established in evidence that the tenants did not leave the premises reasonably clean and tidy, did not remove all rubbish and did not return the keys. The property was dirty and smelling; smelling particularly of smoke and dog. Neither pets nor smoking were permitted by the tenancy agreement.
Further, the following chattels were missing at the end of the tenancy: i. The washing machine/dryer. ii. Two sets of wardrobe shelving. iii. Two sets of blinds.
The tenancy was a new build just prior to this tenancy which was less than four months in duration. Therefore, all these chattels were new.
The landlord obtained CCTV footage of the items being removed whilst the tenancy was in place to provide to the Police. They also claim the cost of obtaining the footage.
Tenants are liable for the actions of people at the premises with their permission. See sections 40(2)(a), 41 and 49B RTA.
The smoke detectors had also been taped over by the tenants or their associates and had to be rectified by Hawkeye the Fire and Building Compliance company that oversees the smoke alarms in this building.
Having considered the evidence carefully, I am satisfied that the amounts ordered are proven and reasonable in the circumstances.
Because Wellington City Council 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 4859746 — net $12,876.77 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Previous order application 4707949 dated 06/12/2023	$7,940.44	Previous order application 4707949 dated 06/12/2023
Replace furnishings: washer/dryer	$1,403.00	Replace furnishings: washer/dryer
Replace furnishings: shelving unit x2	$960.86	Replace furnishings: shelving unit x2
Replace smoke alarms: reinstate	$195.50	Replace smoke alarms: reinstate
Rubbish removal	$186.88	Rubbish removal
Rubbish removal: disposal of bed after storage	$184.00	Rubbish removal: disposal of bed after storage
Cleaning	$879.75	Cleaning
Lock/key replacement	$167.50	Lock/key replacement
CCTV footage	$333.50	CCTV footage
Filing fee reimbursement	$20.44	Filing fee reimbursement
Replace furnishings: blinds	$604.90	Replace furnishings: blinds
Net award	$12,876.77
Total payable by Tenant to Landlord	$12,876.77

Claims and awards for application 4859746 — net $12,876.77 NZD. Verify on MoJ.

Previous order application 4707949 dated 06/12/2023

Amount: $7,940.44
Awarded to: Landlord
Reason: Previous order application 4707949 dated 06/12/2023

Replace furnishings: washer/dryer

Amount: $1,403.00
Awarded to: Landlord
Reason: Replace furnishings: washer/dryer

Replace furnishings: shelving unit x2

Amount: $960.86
Awarded to: Landlord
Reason: Replace furnishings: shelving unit x2

Replace smoke alarms: reinstate

Amount: $195.50
Awarded to: Landlord
Reason: Replace smoke alarms: reinstate

Rubbish removal

Amount: $186.88
Awarded to: Landlord
Reason

Claim types — money lines allowed on this order

Cleanliness Filing Fee Property damage Replace Smoke Alarms Rubbish Removal

Order

Nicholas William Reid and Diana Ester Berrocal Oelckers must pay Wellington City Council Limited $12,876.77 immediately, in accordance with the following table:
This order incorporates the Tribunal order made on 6 December 2023 under application 4707949.

Reasons

The landlord attended the hearing. There was no appearance for the tenants.
The landlord had attempted to contact the tenants via phone and email on a number of occasions since the end of the tenancy, but they have not replied. The tenants listed their email addresses as their address for service on the tenancy agreement and had been emailed a copy of the application. They used the email address and phone number that was used for service of the application during the tenancy.
Accordingly, pursuant to section 91B(2) of the Residential Tenancies Act 1986 (RTA) I am satisfied that the tenants have been adequately served and as such in accordance with section 92 of the RTA, the hearing went ahead in their absence.
The landlord has applied for compensation following the end of the tenancy. The tenancy ended by Tribunal order on 6 December 2024 after the tenants failed to pay any rent. The previous order is incorporated into 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) RTA.
The landlord has established in evidence that the tenants did not leave the premises reasonably clean and tidy, did not remove all rubbish and did not return the keys. The property was dirty and smelling; smelling particularly of smoke and dog. Neither pets nor smoking were permitted by the tenancy agreement.
Further, the following chattels were missing at the end of the tenancy: i. The washing machine/dryer. ii. Two sets of wardrobe shelving. iii. Two sets of blinds.
The tenancy was a new build just prior to this tenancy which was less than four months in duration. Therefore, all these chattels were new.
The landlord obtained CCTV footage of the items being removed whilst the tenancy was in place to provide to the Police. They also claim the cost of obtaining the footage.
Tenants are liable for the actions of people at the premises with their permission. See sections 40(2)(a), 41 and 49B RTA.
The smoke detectors had also been taped over by the tenants or their associates and had to be rectified by Hawkeye the Fire and Building Compliance company that oversees the smoke alarms in this building.
Having considered the evidence carefully, I am satisfied that the amounts ordered are proven and reasonable in the circumstances.
Because Wellington City Council Limited has wholly succeeded with the claim I must reimburse the filing fee.

Tenancy Tribunal case 4859746 — Cleanliness at Unit/Flat Unit 1105, 180 Willis Street, Te Aro, Wellington

At a glance

Tenancy Tribunal case 4859746 — Cleanliness at Unit/Flat Unit 1105, 180 Willis Street, Te Aro, Wellington

At a glance

Award balance

Claims & awards

Order

Reasons

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

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?

Topics & place

Residential Tenancies Act sections

Key findings

Property management

Frequently asked questions