What was the outcome of Tenancy Tribunal case 4873662?

The tribunal order states: Denise Edwards must pay Kāhui Tū Kaha Limited $2,597.04 immediately,

How much money was awarded in case 4873662?

Cleaning: $540.50 awarded to landlord; Filing Fee: $20.44 awarded to landlord; Property Damage: $1,530.00 awarded to landlord; Rubbish Removal: $1,074.10 awarded to landlord

What type of tenancy dispute was case 4873662?

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

Where can I read the official tribunal order for case 4873662?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/10640396-Tenancy_Tribunal_Order.pdf.

What was the outcome of Tenancy Tribunal case 4873662?

The tribunal order states: Denise Edwards must pay Kāhui Tū Kaha Limited $2,597.04 immediately,

How much money was awarded in case 4873662?

Cleaning: $540.50 awarded to landlord; Filing Fee: $20.44 awarded to landlord; Property Damage: $1,530.00 awarded to landlord; Rubbish Removal: $1,074.10 awarded to landlord

What type of tenancy dispute was case 4873662?

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

Where can I read the official tribunal order for case 4873662?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/10640396-Tenancy_Tribunal_Order.pdf.

Unit/Flat 1, 22 Landscape Road, Papatoetoe, Auckland Tenancy Tribunal Case 4873662 — Property damage

Tenantcheck Insights

Loading insights…

Pulling tribunal records

Loading insights…

Pulling tribunal records

Unit/Flat 1, 22 Landscape Road, Papatoetoe, Auckland Tenancy Tribunal Case 4873662 — 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 4873662 — net $2,597.04 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rubbish removal	$1,074.10	Rubbish removal
Cleaning and carpet shampoo	$540.50	Cleaning and carpet shampoo
Repairs	$1,530.00	Repairs
Filing fee reimbursement	$20.44	Filing fee reimbursement
Net award	$2,597.04
Total payable by Tenant to Landlord	$2,597.04

Claims and awards for application 4873662 — net $2,597.04 NZD. Verify on MoJ.

Rubbish removal

Amount: $1,074.10
Awarded to: Landlord
Reason: Rubbish removal

Cleaning and carpet shampoo

Amount: $540.50
Awarded to: Landlord
Reason: Cleaning and carpet shampoo

Repairs

Amount: $1,530.00
Awarded to: Landlord
Reason: Repairs

Filing fee reimbursement

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

Net award

Landlord $2,597.04

Total payable by Tenant to Landlord

Landlord $2,597.04

Claim types — money lines allowed on this order

Cleanliness Filing Fee Property damage Rubbish Removal

Order

Denise Edwards must pay Kāhui Tū Kaha Limited $2,597.04 immediately, calculated as shown in table below.
The Bond Centre is to pay the bond of $568.00 (3145515-014) to Kāhui Tū Kaha Limited immediately.

Reasons

Only the landlord attended the hearing, represented by Ms Singh and Ms Bidois.
The landlord has applied for compensation, refund of the bond, and reimbursement of the filing fee following 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.
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 landlord has produced entry and exit inspection photos proving that the property was not left reasonably clean and tidy, rubbish was left behind, there were stains on the carpet and there was damage including numerous broken windows, a broken kitchen cabinet, and holes in the walls and a number of lights not working.
The landlord produced an itemised invoice in the amount of $828.00 for an “exit clean” ($500 plus gst), carpet shampoo ($120 plus gst) and oven and rangehood clean ($100 plus gst). I consider that the amounts claimed for the carpet shampoo and oven and rangehood clean should be awarded in full. However while the property was not left reasonably clean and tidy, and so additional cleaning was required, I do not consider that the tenant should have to compensate the landlord for the entire amount of the “exit clean” as I consider that there has been additional cleaning by the landlord to get the property ready for a new tenant (over and above the standard required of the tenant). I therefore order $250.00 plus gst for the remaining cleaning. The total amount ordered is $470 plus gst, which is $540.50.
The landlord produced an invoice for rubbish removal in the amount of $1,074.10 which I consider reasonable given the amount of rubbish left behind, both bagged up outside but also throughout the kitchen and including large items left behind including a chair and a suitcase. This claim is proved.
The landlord also produced an invoice in the amount of $1,810 for various repairs including repairing holes in the walls and painting, washing curtains, fixing cupboard drawers, replacing five windows, installing new smoke alarms, replacing lights, fixing bathroom light and extractor fan. All these claims have been proved with the exception of the bathroom light and extractor fan, which in my view may be wear and tear/maintenance. I have therefore deducted the amount sought for the fixing these items and award total compensation of $1,810.00.
Because Kāhui Tū Kaha Limited has substantially succeeded with the claim I have reimbursed 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 4873662 — net $2,597.04 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rubbish removal	$1,074.10	Rubbish removal
Cleaning and carpet shampoo	$540.50	Cleaning and carpet shampoo
Repairs	$1,530.00	Repairs
Filing fee reimbursement	$20.44	Filing fee reimbursement
Net award	$2,597.04
Total payable by Tenant to Landlord	$2,597.04

Claims and awards for application 4873662 — net $2,597.04 NZD. Verify on MoJ.

Rubbish removal

Amount: $1,074.10
Awarded to: Landlord
Reason: Rubbish removal

Cleaning and carpet shampoo

Amount: $540.50
Awarded to: Landlord
Reason: Cleaning and carpet shampoo

Repairs

Amount: $1,530.00
Awarded to: Landlord
Reason: Repairs

Filing fee reimbursement

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

Net award

Landlord $2,597.04

Total payable by Tenant to Landlord

Landlord $2,597.04

Claim types — money lines allowed on this order

Cleanliness Filing Fee Property damage Rubbish Removal

Order

Denise Edwards must pay Kāhui Tū Kaha Limited $2,597.04 immediately, calculated as shown in table below.
The Bond Centre is to pay the bond of $568.00 (3145515-014) to Kāhui Tū Kaha Limited immediately.

Reasons

Only the landlord attended the hearing, represented by Ms Singh and Ms Bidois.
The landlord has applied for compensation, refund of the bond, and reimbursement of the filing fee following 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.
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 landlord has produced entry and exit inspection photos proving that the property was not left reasonably clean and tidy, rubbish was left behind, there were stains on the carpet and there was damage including numerous broken windows, a broken kitchen cabinet, and holes in the walls and a number of lights not working.
The landlord produced an itemised invoice in the amount of $828.00 for an “exit clean” ($500 plus gst), carpet shampoo ($120 plus gst) and oven and rangehood clean ($100 plus gst). I consider that the amounts claimed for the carpet shampoo and oven and rangehood clean should be awarded in full. However while the property was not left reasonably clean and tidy, and so additional cleaning was required, I do not consider that the tenant should have to compensate the landlord for the entire amount of the “exit clean” as I consider that there has been additional cleaning by the landlord to get the property ready for a new tenant (over and above the standard required of the tenant). I therefore order $250.00 plus gst for the remaining cleaning. The total amount ordered is $470 plus gst, which is $540.50.
The landlord produced an invoice for rubbish removal in the amount of $1,074.10 which I consider reasonable given the amount of rubbish left behind, both bagged up outside but also throughout the kitchen and including large items left behind including a chair and a suitcase. This claim is proved.
The landlord also produced an invoice in the amount of $1,810 for various repairs including repairing holes in the walls and painting, washing curtains, fixing cupboard drawers, replacing five windows, installing new smoke alarms, replacing lights, fixing bathroom light and extractor fan. All these claims have been proved with the exception of the bathroom light and extractor fan, which in my view may be wear and tear/maintenance. I have therefore deducted the amount sought for the fixing these items and award total compensation of $1,810.00.
Because Kāhui Tū Kaha Limited has substantially succeeded with the claim I have reimbursed the filing fee.

Tenancy Tribunal case 4873662 — Property damage at Unit/Flat 1, 22 Landscape Road, Papatoetoe, Auckland

At a glance

Tenancy Tribunal case 4873662 — Property damage at Unit/Flat 1, 22 Landscape Road, Papatoetoe, Auckland

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