What was the outcome of Tenancy Tribunal case 4877725?

The tribunal order states: Matasae Olene must pay Shelter Realty Limited Acting Agent For Kamlia

How much money was awarded in case 4877725?

Cleaning: $3,000.00 awarded to landlord; Filing Fee: $20.44 awarded to landlord

What type of tenancy dispute was case 4877725?

The primary dispute was Cleanliness.

Where can I read the official tribunal order for case 4877725?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/10619224-Tenancy_Tribunal_Order.pdf.

What was the outcome of Tenancy Tribunal case 4877725?

The tribunal order states: Matasae Olene must pay Shelter Realty Limited Acting Agent For Kamlia

How much money was awarded in case 4877725?

Cleaning: $3,000.00 awarded to landlord; Filing Fee: $20.44 awarded to landlord

What type of tenancy dispute was case 4877725?

The primary dispute was Cleanliness.

Where can I read the official tribunal order for case 4877725?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/10619224-Tenancy_Tribunal_Order.pdf.

42 Bloom Crescent, Sunnyvale, Auckland 0612 Tenancy Tribunal Case 4877725 — Cleanliness

Reasons

Claims and awards in Tenancy Tribunal application 4877725 — net $3,020.44 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Outgoing damages & cleaning	$3,000.00	Outgoing damages & cleaning
Filing fee reimbursement	$20.44	Filing fee reimbursement
Net award	$3,020.44
Total payable by Tenant to Landlord	$3,020.44

The landlord attended the hearing which was held by teleconference. The Tribunal was unable to contact the tenant on the contact number provided in the application. The tenant was contacted twice and on both occasions the call went straight to voicemail. The hearing proceeded in the absence of the tenant as I was satisfied that adequate service of the hearing notice had been completed.

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

The landlord’s claims are detailed below: • Carpet damages $805.00 • Wall damages, missing curtain in kitchen, lost remote for garage door $1,299.50 • Move out cleaning $448.50 • Pest control $460.00 • Wall cleaning $400.00

The tenancy ended on 3 March 2024. The tenant reached an agreement with the property manager on 25 March 2024 to pay total compensation of $3000.00 as full and final settlement of the vacated claims by payment of $1,500.00 on 16 April 2024 and $1,500.00 on 30 April 2024. However, no payment has been received.

On the evidence produced by the landlord, I find the landlord’s claim has been proved.

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.

On the evidence provided by the landlord, I am satisfied that the tenant did not leave the premises reasonably clean and tidy and did not return the garage remote.

I am also satisfied the landlord had to replace a missing curtain from the kitchen and arrange pest control due to a cockroach problem at the property.

The landlord relied on photographs of the premises from the start of the tenancy and at the end of the tenancy, invoices and quotes.

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.

The following damage was caused during the tenancy: the carpet was damaged with large stains and the walls were damaged throughout the property. The damage is more than fair wear and tear, and the tenant has not disproved liability for the damage.

Again, the landlord relied on photographs of the premises from the start of the tenancy and at the end of the tenancy, invoices and quotes.

I have taken into account betterment and depreciation. The landlord should be returned to the position they would have been in had the tenant not breached their obligations, and should not be better or worse off. In calculating depreciation, I have taken into account the age and condition of the items at the start of the tenancy and their likely useful lifespan.

As the landlord has wholly succeeded with the claim, I must order the other party to reimburse the filing fee.

Claims and awards in Tenancy Tribunal application 4877725 — net $3,020.44 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Outgoing damages & cleaning	$3,000.00	Outgoing damages & cleaning
Filing fee reimbursement	$20.44	Filing fee reimbursement
Net award	$3,020.44
Total payable by Tenant to Landlord	$3,020.44

Order

Matasae Olene must pay Shelter Realty Limited Acting Agent For Kamlia Basmir $3,020.44 immediately, calculated as shown in the table below.

Reasons

The landlord attended the hearing which was held by teleconference. The Tribunal was unable to contact the tenant on the contact number provided in the application. The tenant was contacted twice and on both occasions the call went straight to voicemail. The hearing proceeded in the absence of the tenant as I was satisfied that adequate service of the hearing notice had been completed.
The landlord has applied for compensation and reimbursement of the filing fee following the end of the tenancy.
The landlord’s claims are detailed below: • Carpet damages $805.00 • Wall damages, missing curtain in kitchen, lost remote for garage door $1,299.50 • Move out cleaning $448.50 • Pest control $460.00 • Wall cleaning $400.00
The tenancy ended on 3 March 2024. The tenant reached an agreement with the property manager on 25 March 2024 to pay total compensation of $3000.00 as full and final settlement of the vacated claims by payment of $1,500.00 on 16 April 2024 and $1,500.00 on 30 April 2024. However, no payment has been received.
On the evidence produced by the landlord, I find the landlord’s claim has been proved.

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.
On the evidence provided by the landlord, I am satisfied that the tenant did not leave the premises reasonably clean and tidy and did not return the garage remote.
I am also satisfied the landlord had to replace a missing curtain from the kitchen and arrange pest control due to a cockroach problem at the property.
The landlord relied on photographs of the premises from the start of the tenancy and at the end of the tenancy, invoices and quotes.

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.
The following damage was caused during the tenancy: the carpet was damaged with large stains and the walls were damaged throughout the property. The damage is more than fair wear and tear, and the tenant has not disproved liability for the damage.
Again, the landlord relied on photographs of the premises from the start of the tenancy and at the end of the tenancy, invoices and quotes.
I have taken into account betterment and depreciation. The landlord should be returned to the position they would have been in had the tenant not breached their obligations, and should not be better or worse off. In calculating depreciation, I have taken into account the age and condition of the items at the start of the tenancy and their likely useful lifespan.
As the landlord has wholly succeeded with the claim, I must order the other party to reimburse the filing fee.

Tenancy Tribunal case 4877725 — Cleanliness at 42 Bloom Crescent, Sunnyvale, Auckland 0612

At a glance

Tenancy Tribunal case 4877725 — Cleanliness at 42 Bloom Crescent, Sunnyvale, Auckland 0612

At a glance

Award balance

Claims & awards

Order

Reasons

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

Property management

Frequently asked questions

Award balance

Claims & awards

Order

Reasons

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

Property management

Frequently asked questions