What was Tenancy Tribunal case 4878200 about?

The tribunal order states: Tess Maria Hemara and Terwodros Tefera must pay [The landlord/s] $6,885.94

How much money was awarded in case 4878200?

Filing Fee: $20.44 awarded to landlord; Rubbish Removal: $6,865.50 awarded to landlord

What type of tenancy dispute was case 4878200?

The dispute type was not classified.

Where can I read the official tribunal order for case 4878200?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/10492670-Tribunal_Order_Redacted.pdf.

What was Tenancy Tribunal case 4878200 about?

The tribunal order states: Tess Maria Hemara and Terwodros Tefera must pay [The landlord/s] $6,885.94

How much money was awarded in case 4878200?

Filing Fee: $20.44 awarded to landlord; Rubbish Removal: $6,865.50 awarded to landlord

What type of tenancy dispute was case 4878200?

The dispute type was not classified.

Where can I read the official tribunal order for case 4878200?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/10492670-Tribunal_Order_Redacted.pdf.

New Zealand Tenancy Tribunal Case 4878200 — Tenancy dispute

Order

Claims and awards in Tenancy Tribunal application 4878200 — net $6,885.94 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Tenant Rubbish removal, cleaning, repair door, repair broken window, replace curtains, repair damaged door, repair/repla	$6,865.50	Tenant Rubbish removal, cleaning, repair door, repair broken window, replace curtains, repair damaged door, repair/repla
Filing fee reimbursement	$20.44	Filing fee reimbursement
Net award	$6,885.94
Total payable by Tenant to Landlord	$6,885.94

Tess Maria Hemara and Terwodros Tefera must pay [The landlord/s] $6,885.94 immediately, calculated as shown in the table below.

[The landlord/s] must take any of the tenant’s personal documents that have been left at the premises to the nearest Police station and obtain a receipt for them.

The landlord may dispose of the other goods left at the premises by the tenants as the landlord sees fit.

Reasons

The agent for the landlord attended the hearing which was held by teleconference. The Tribunal was unable to contact the tenants on the contact numbers provided. I proceeded with the hearing 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.

Did the tenants 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 landlord proved on the evidence that the tenants did not leave the premises reasonably clean and tidy, and did not remove all rubbish.

The landlord relied on photographic evidence of the condition of the property at the end of the tenancy, invoices and quotes.

The amounts ordered are proved.

Are the tenants 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: two bathroom rails from two separate bathrooms were ripped from the wall and could not be reattached, a window was broken, a door was damaged and curtains were ripped from the curtain rails. The damage is more than fair wear and tear, and the tenants have not disproved liability for the damage.

The amounts ordered are proved.

I have taken into account betterment and depreciation. Depreciation does not apply in the circumstances.

The landlord has applied for the disposal of goods the tenants left at the premises at the end of the tenancy.

The landlord has made reasonable attempts to contact the tenants to collect their goods. While some goods have since been collected, other items remain at the premises.

It is not practicable for the landlord to the return the goods to the tenants. The value of the goods is below the cost of storing, transporting and selling them. Therefore the landlord may dispose of the goods. See sections 62(3)(b), 62B(2) and (3) Residential Tenancies Act 1986.

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 4878200 — net $6,885.94 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Tenant Rubbish removal, cleaning, repair door, repair broken window, replace curtains, repair damaged door, repair/repla	$6,865.50	Tenant Rubbish removal, cleaning, repair door, repair broken window, replace curtains, repair damaged door, repair/repla
Filing fee reimbursement	$20.44	Filing fee reimbursement
Net award	$6,885.94
Total payable by Tenant to Landlord	$6,885.94

Order

Tess Maria Hemara and Terwodros Tefera must pay [The landlord/s] $6,885.94 immediately, calculated as shown in the table below.
[The landlord/s] must take any of the tenant’s personal documents that have been left at the premises to the nearest Police station and obtain a receipt for them.
The landlord may dispose of the other goods left at the premises by the tenants as the landlord sees fit.

Reasons

The agent for the landlord attended the hearing which was held by teleconference. The Tribunal was unable to contact the tenants on the contact numbers provided. I proceeded with the hearing 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.

Did the tenants 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 landlord proved on the evidence that the tenants did not leave the premises reasonably clean and tidy, and did not remove all rubbish.
The landlord relied on photographic evidence of the condition of the property at the end of the tenancy, invoices and quotes.
The amounts ordered are proved.

Are the tenants 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: two bathroom rails from two separate bathrooms were ripped from the wall and could not be reattached, a window was broken, a door was damaged and curtains were ripped from the curtain rails. The damage is more than fair wear and tear, and the tenants have not disproved liability for the damage.
The amounts ordered are proved.
I have taken into account betterment and depreciation. Depreciation does not apply in the circumstances.
The landlord has applied for the disposal of goods the tenants left at the premises at the end of the tenancy.
The landlord has made reasonable attempts to contact the tenants to collect their goods. While some goods have since been collected, other items remain at the premises.
It is not practicable for the landlord to the return the goods to the tenants. The value of the goods is below the cost of storing, transporting and selling them. Therefore the landlord may dispose of the goods. See sections 62(3)(b), 62B(2) and (3) Residential Tenancies Act 1986.
As the landlord has wholly succeeded with the claim, I must order the other party to reimburse the filing fee.

Tenancy Tribunal case 4878200 — Tenancy dispute

At a glance

Tenancy Tribunal case 4878200 — Tenancy dispute

At a glance

Award balance

Claims & awards

Order

Reasons

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

Are the tenants responsible for the damage to the premises?

Topics & place

Residential Tenancies Act sections

Key findings

Frequently asked questions

Award balance

Claims & awards

Order

Reasons

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

Are the tenants responsible for the damage to the premises?

Topics & place

Residential Tenancies Act sections

Key findings

Frequently asked questions