What was the outcome of Tenancy Tribunal case 4874760?

The tribunal order states: Margret Muliaga must pay Shelter Realty Limited $811.68 immediately,

How much money was awarded in case 4874760?

Cleaning: $460.00 awarded to landlord; Filing Fee: $20.44 awarded to landlord; Heat Pump Remote (Agreed By Consent…: $109.25 awarded to landlord; Pest Control: $276.00 awarded to landlord; Property Damage: $1,736.50 awarded to landlord; Water Rates: $129.49 awarded to landlord

What type of tenancy dispute was case 4874760?

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

Where can I read the official tribunal order for case 4874760?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/10776474-Tenancy_Tribunal_Order.pdf.

What was the outcome of Tenancy Tribunal case 4874760?

The tribunal order states: Margret Muliaga must pay Shelter Realty Limited $811.68 immediately,

How much money was awarded in case 4874760?

Cleaning: $460.00 awarded to landlord; Filing Fee: $20.44 awarded to landlord; Heat Pump Remote (Agreed By Consent…: $109.25 awarded to landlord; Pest Control: $276.00 awarded to landlord; Property Damage: $1,736.50 awarded to landlord; Water Rates: $129.49 awarded to landlord

What type of tenancy dispute was case 4874760?

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

Where can I read the official tribunal order for case 4874760?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/10776474-Tenancy_Tribunal_Order.pdf.

Unit/Flat 4, 33 Hutton Street, Otahuhu, Auckland 1062 Tenancy Tribunal Case 4874760 — Property damage

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Unit/Flat 4, 33 Hutton Street, Otahuhu, Auckland 1062 Tenancy Tribunal Case 4874760 — 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 4874760 — net $811.68 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Water rates (agreed by consent at mediation	$129.49	Water rates (agreed by consent at mediation
Heat pump remote (agreed by consent at mediation	$109.25	Heat pump remote (agreed by consent at mediation
Wall damages (agreed by consent at mediation	$1,736.50	Wall damages (agreed by consent at mediation
Cleaning (including carpet cleaning	$460.00	Cleaning (including carpet cleaning
Pest control	$276.00	Pest control
Filing fee reimbursement	$20.44	Filing fee reimbursement
Net award	$811.68
Total payable by Tenant to Landlord	$811.68

Claims and awards for application 4874760 — net $811.68 NZD. Verify on MoJ.

Water rates (agreed by consent at mediation

Amount: $129.49
Awarded to: Landlord
Reason: Water rates (agreed by consent at mediation

Heat pump remote (agreed by consent at mediation

Amount: $109.25
Awarded to: Landlord
Reason: Heat pump remote (agreed by consent at mediation

Wall damages (agreed by consent at mediation

Amount: $1,736.50
Awarded to: Landlord
Reason: Wall damages (agreed by consent at mediation

Cleaning (including carpet cleaning

Amount: $460.00
Awarded to: Landlord
Reason: Cleaning (including carpet cleaning

Pest control

Amount: $276.00
Awarded to: Landlord

Claim types — money lines allowed on this order

Carpet Cleaning Filing Fee Pest Control Property damage Water Rates

Order

Margret Muliaga must pay Shelter Realty Limited $811.68 immediately, calculated as shown in the table below.
The Bond Centre is to pay the bond of $1,920.00 (3718699-005) to Shelter Realty Limited immediately.

Reasons

The landlord attended the hearing which was held on 29 August 2024. The tenant did not attend. I am satisfied that adequate service of the hearing notice has been completed and proceeded with the hearing in the tenant’s absence.
The landlord has applied for water rates, compensation, refund of the bond, and reimbursement of the filing fee following the end of the tenancy.
Through telephone mediation on 17 June 2024, the mediator confirmed by email on the same date that the tenant had agreed by consent to the landlord’s claims of water rates ($129.49), heat pump remote ($109.25) and wall damages ($1,736.50). These claims are ordered above as agreed by consent by the tenant. But the tenant did not agree with the landlord’s claims for cleaning ($460,00) and pest control ($276.00).
I will determine the landlord’s remaining claims for cleaning and pest control below.

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.
I find the landlord has proved on the evidence that the tenant did not leave the premises reasonably clean and tidy. The landlord presented photographs from the final inspection that clearly showed the condition of the property. The kitchen cupboards were left unclean, with visible dirt and grime marks. Some items had been left in the cupboards and needed to be removed. The rangehood was filthy, caked with grease, and all surfaces were dirty and required cleaning. The tiles were grimy, floors unclean and the carpets were stained in multiple areas. Additionally, cockroaches were found in the cupboards. The invoice for cleaning including carpet cleaning is reasonable.
The landlord noted that the tenant had indicated at mediation that the property had a mice and cockroach infestation problem from the start. But this was denied by the landlord. The landlord gave evidence that there had been no previous problem with mice or cockroaches, nor had the problem ever been brought to the landlord’s attention during the standard inspections at the property.
The tenant has failed to demonstrate that the property had a cockroach infestation. It is more likely that the issue arose due to the tenant’s lack of cleanliness and leaving food out, which attracted the pests.
I find the evidence of cockroaches at the end of the tenancy proved. The invoice from the exterminator is also reasonable.
The amounts ordered are proved.
As the landlord has wholly succeeded with the claim, I must order the other party to 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 4874760 — net $811.68 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Water rates (agreed by consent at mediation	$129.49	Water rates (agreed by consent at mediation
Heat pump remote (agreed by consent at mediation	$109.25	Heat pump remote (agreed by consent at mediation
Wall damages (agreed by consent at mediation	$1,736.50	Wall damages (agreed by consent at mediation
Cleaning (including carpet cleaning	$460.00	Cleaning (including carpet cleaning
Pest control	$276.00	Pest control
Filing fee reimbursement	$20.44	Filing fee reimbursement
Net award	$811.68
Total payable by Tenant to Landlord	$811.68

Claims and awards for application 4874760 — net $811.68 NZD. Verify on MoJ.

Water rates (agreed by consent at mediation

Amount: $129.49
Awarded to: Landlord
Reason: Water rates (agreed by consent at mediation

Heat pump remote (agreed by consent at mediation

Amount: $109.25
Awarded to: Landlord
Reason: Heat pump remote (agreed by consent at mediation

Wall damages (agreed by consent at mediation

Amount: $1,736.50
Awarded to: Landlord
Reason: Wall damages (agreed by consent at mediation

Cleaning (including carpet cleaning

Amount: $460.00
Awarded to: Landlord
Reason: Cleaning (including carpet cleaning

Pest control

Amount: $276.00
Awarded to: Landlord

Claim types — money lines allowed on this order

Carpet Cleaning Filing Fee Pest Control Property damage Water Rates

Order

Margret Muliaga must pay Shelter Realty Limited $811.68 immediately, calculated as shown in the table below.
The Bond Centre is to pay the bond of $1,920.00 (3718699-005) to Shelter Realty Limited immediately.

Reasons

The landlord attended the hearing which was held on 29 August 2024. The tenant did not attend. I am satisfied that adequate service of the hearing notice has been completed and proceeded with the hearing in the tenant’s absence.
The landlord has applied for water rates, compensation, refund of the bond, and reimbursement of the filing fee following the end of the tenancy.
Through telephone mediation on 17 June 2024, the mediator confirmed by email on the same date that the tenant had agreed by consent to the landlord’s claims of water rates ($129.49), heat pump remote ($109.25) and wall damages ($1,736.50). These claims are ordered above as agreed by consent by the tenant. But the tenant did not agree with the landlord’s claims for cleaning ($460,00) and pest control ($276.00).
I will determine the landlord’s remaining claims for cleaning and pest control below.

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.
I find the landlord has proved on the evidence that the tenant did not leave the premises reasonably clean and tidy. The landlord presented photographs from the final inspection that clearly showed the condition of the property. The kitchen cupboards were left unclean, with visible dirt and grime marks. Some items had been left in the cupboards and needed to be removed. The rangehood was filthy, caked with grease, and all surfaces were dirty and required cleaning. The tiles were grimy, floors unclean and the carpets were stained in multiple areas. Additionally, cockroaches were found in the cupboards. The invoice for cleaning including carpet cleaning is reasonable.
The landlord noted that the tenant had indicated at mediation that the property had a mice and cockroach infestation problem from the start. But this was denied by the landlord. The landlord gave evidence that there had been no previous problem with mice or cockroaches, nor had the problem ever been brought to the landlord’s attention during the standard inspections at the property.
The tenant has failed to demonstrate that the property had a cockroach infestation. It is more likely that the issue arose due to the tenant’s lack of cleanliness and leaving food out, which attracted the pests.
I find the evidence of cockroaches at the end of the tenancy proved. The invoice from the exterminator is also reasonable.
The amounts ordered are proved.
As the landlord has wholly succeeded with the claim, I must order the other party to reimburse the filing fee.

Tenancy Tribunal case 4874760 — Property damage at Unit/Flat 4, 33 Hutton Street, Otahuhu, Auckland 1062

At a glance

Tenancy Tribunal case 4874760 — Property damage at Unit/Flat 4, 33 Hutton Street, Otahuhu, Auckland 1062

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