What was Tenancy Tribunal case 4870240 about?

The tribunal order states: Ruhana Victor Topi-Elliot and Christine Jane Mercer must pay [The landlord/s]

How much money was awarded in case 4870240?

Cleaning: $375.00 awarded to landlord; Filing Fee: $20.44 awarded to landlord; Previous Order Application 4783297 D…: $3,320.44 awarded to landlord; Property Damage: $219.65 awarded to landlord; Rent Arrears: $293.85 awarded to landlord; Rubbish Removal: $479.55 awarded to landlord

What type of tenancy dispute was case 4870240?

The primary dispute was Cleanliness. Related themes: Rent arrears, Property damage.

Where can I read the official tribunal order for case 4870240?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/10704449-Tribunal_Order_Redacted.pdf.

What was Tenancy Tribunal case 4870240 about?

The tribunal order states: Ruhana Victor Topi-Elliot and Christine Jane Mercer must pay [The landlord/s]

How much money was awarded in case 4870240?

Cleaning: $375.00 awarded to landlord; Filing Fee: $20.44 awarded to landlord; Previous Order Application 4783297 D…: $3,320.44 awarded to landlord; Property Damage: $219.65 awarded to landlord; Rent Arrears: $293.85 awarded to landlord; Rubbish Removal: $479.55 awarded to landlord

What type of tenancy dispute was case 4870240?

The primary dispute was Cleanliness. Related themes: Rent arrears, Property damage.

Where can I read the official tribunal order for case 4870240?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/10704449-Tribunal_Order_Redacted.pdf.

4C Alva Street, Dunedin Central, Dunedin 9016 Tenancy Tribunal Case 4870240 — Cleanliness

Reasons

Claims and awards in Tenancy Tribunal application 4870240 — net $4,708.93 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears to 26/2/2024	$293.85	Rent arrears to 26/2/2024
Previous order application 4783297 dated 22/02/2024	$3,320.44	Previous order application 4783297 dated 22/02/2024
Cleaning	$375.00	Cleaning
Rubbish removal	$479.55	Rubbish removal
Repairs to door & latch	$219.65	Repairs to door & latch
Filing fee reimbursement	$20.44	Filing fee reimbursement
Net award	$4,708.93
Total payable by Tenant to Landlord	$4,708.93

The landlord attended the hearing.

The landlord has applied for further rent arrears, compensation, and reimbursement of the filing fee following the end of the tenancy.

How much is owed for rent?

On 22/2/2024 the Tribunal made an order relating to this tenancy, for rent arrears to 22/2/2024 and termination of the tenancy.

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) Residential Tenancies Act 1986. The tenant is required to replace worn out smoke alarm batteries during the tenancy. See section 40(1)(ca) Residential Tenancies Act 1986.

The landlord sought compensation for cleaning and rubbish removal.

In support of the claim the landlord provided invoices and photographs taken at the end of the tenancy on 26/2/2024.

I am satisfied from the evidence that the tenants did not leave the premises reasonably clean and tidy and did not remove all rubbish.

In the absence of any evidence about the time taken to clean the premises or the hourly rate, the amount claimed for cleaning has been reduced by half to reflect what the Tribunal considers a reasonable amount for the work undertaken.

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.

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. See section 49B(1) RTA.

Damage is intentional where a person intends to cause damage and takes the necessary steps to achieve that purpose. Damage is also intentional where a person does something, or allows a situation to continue, knowing that damage is a certainty. See Guo v Korck [2019] NZHC 1541.

The landlord sought compensation for damage to a door and latch, broken by one of the tenants to gain entry to the premises.

I am satisfied the damage was caused during the tenancy.

The damage is more than fair wear and tear, and the tenant confirmed liability for the damage via an email of 14/2/2024.

The amount ordered is proved.

As [The applicant/s] has wholly succeeded with the claim I must award the filing fee.

Suppression is granted pursuant to section 95A because the landlord was wholly successful with the claim.

Claims and awards in Tenancy Tribunal application 4870240 — net $4,708.93 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears to 26/2/2024	$293.85	Rent arrears to 26/2/2024
Previous order application 4783297 dated 22/02/2024	$3,320.44	Previous order application 4783297 dated 22/02/2024
Cleaning	$375.00	Cleaning
Rubbish removal	$479.55	Rubbish removal
Repairs to door & latch	$219.65	Repairs to door & latch
Filing fee reimbursement	$20.44	Filing fee reimbursement
Net award	$4,708.93
Total payable by Tenant to Landlord	$4,708.93

Order

Ruhana Victor Topi-Elliot and Christine Jane Mercer must pay [The landlord/s] $4,708.93 immediately, calculated as shown in table below.
This order incorporates the Tribunal order made on 22 February 2024 under application 4783297.

Reasons

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

How much is owed for rent?

On 22/2/2024 the Tribunal made an order relating to this tenancy, for rent arrears to 22/2/2024 and termination of the tenancy.
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) Residential Tenancies Act 1986. The tenant is required to replace worn out smoke alarm batteries during the tenancy. See section 40(1)(ca) Residential Tenancies Act 1986.
The landlord sought compensation for cleaning and rubbish removal.
In support of the claim the landlord provided invoices and photographs taken at the end of the tenancy on 26/2/2024.
I am satisfied from the evidence that the tenants did not leave the premises reasonably clean and tidy and did not remove all rubbish.
In the absence of any evidence about the time taken to clean the premises or the hourly rate, the amount claimed for cleaning has been reduced by half to reflect what the Tribunal considers a reasonable amount for the work undertaken.

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.
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. See section 49B(1) RTA.
Damage is intentional where a person intends to cause damage and takes the necessary steps to achieve that purpose. Damage is also intentional where a person does something, or allows a situation to continue, knowing that damage is a certainty. See Guo v Korck [2019] NZHC 1541.
The landlord sought compensation for damage to a door and latch, broken by one of the tenants to gain entry to the premises.
I am satisfied the damage was caused during the tenancy.
The damage is more than fair wear and tear, and the tenant confirmed liability for the damage via an email of 14/2/2024.
The amount ordered is proved.
As [The applicant/s] has wholly succeeded with the claim I must award the filing fee.
Suppression is granted pursuant to section 95A because the landlord was wholly successful with the claim.

Tenancy Tribunal case 4870240 — Cleanliness at 4C Alva Street, Dunedin Central, Dunedin 9016

At a glance

Tenancy Tribunal case 4870240 — Cleanliness at 4C Alva Street, Dunedin Central, Dunedin 9016

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