What was the outcome of Tenancy Tribunal case 4879920?

The tribunal order states: Isaac William Michael Whyte must pay Reforma P.M. Limited - as Agent for

How much money was awarded in case 4879920?

Cleaning: $2,047.85 awarded to landlord; Filing Fee: $20.44 awarded to landlord; Less: Amounts Already Paid: $40.00 awarded to tenant; Rent To End Of Tenancy: $1,299.29 awarded to landlord; Water Charges To End Of Tenancy: $348.01 awarded to landlord

What type of tenancy dispute was case 4879920?

The primary dispute was Cleanliness.

Where can I read the official tribunal order for case 4879920?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/10670617-Tenancy_Tribunal_Order.pdf.

What was the outcome of Tenancy Tribunal case 4879920?

The tribunal order states: Isaac William Michael Whyte must pay Reforma P.M. Limited - as Agent for

How much money was awarded in case 4879920?

Cleaning: $2,047.85 awarded to landlord; Filing Fee: $20.44 awarded to landlord; Less: Amounts Already Paid: $40.00 awarded to tenant; Rent To End Of Tenancy: $1,299.29 awarded to landlord; Water Charges To End Of Tenancy: $348.01 awarded to landlord

What type of tenancy dispute was case 4879920?

The primary dispute was Cleanliness.

Where can I read the official tribunal order for case 4879920?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/10670617-Tenancy_Tribunal_Order.pdf.

Unit/Flat Unit 101, 9 East Street, Papakura, Papakura 2110 Tenancy Tribunal Case 4879920 — Cleanliness

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Unit/Flat Unit 101, 9 East Street, Papakura, Papakura 2110 Tenancy Tribunal Case 4879920 — Cleanliness | 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 4879920 — net $1,535.59 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Tenant	Reason
Rent to end of tenancy	$1,299.29		Rent to end of tenancy
Repairs and cleaning	$2,047.85		Repairs and cleaning
Water charges to end of tenancy	$348.01		Water charges to end of tenancy
Filing fee reimbursement	$20.44		Filing fee reimbursement
Less: bond already paid		$2,140.00	Less: bond already paid
Less: amounts already paid		$40.00	Less: amounts already paid
Total award	$3,715.59	$2,180.00
Net award	$1,535.59
Total payable by Tenant to Landlord	$1,535.59

Claims and awards for application 4879920 — net $1,535.59 NZD. Verify on MoJ.

Rent to end of tenancy

Amount: $1,299.29
Awarded to: Landlord
Reason: Rent to end of tenancy

Repairs and cleaning

Amount: $2,047.85
Awarded to: Landlord
Reason: Repairs and cleaning

Water charges to end of tenancy

Amount: $348.01
Awarded to: Landlord
Reason: Water charges to end of tenancy

Filing fee reimbursement

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

Less: bond already paid

Amount: $2,140.00
Awarded to: Tenant
Reason: Less: bond already paid

Claim types — money lines allowed on this order

Cleanliness Filing Fee

Order

Isaac William Michael Whyte must pay Reforma P.M. Limited - as Agent for Eleven East Ltd $1,535.59, calculated as shown in the table below.
The tenant must pay the debt in order 1 at the rate of $5.00 per week.
The first payment must be made on Wednesday 7 August 2024 and payments must continue every Wednesday until the debt is paid in full.
If the tenant fails to make any payment within 2 working days of the due date, the balance of the debt owing will be payable immediately and can be enforced through the District Court.

Reasons

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

How much is owed for rent and water?

The tenancy ended on 11 March 2024. The landlord provided rent records, water invoices and a summary of the water charges which prove the amount owing at the end of the tenancy. The tenant did not dispute these claims.

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. The tenant did not cause the splattering to the lounge/kitchen ceiling (which occurred when a bird got trapped inside) but nonetheless had a duty to keep the premises reasonably clean.
The tenant accepted that, despite the absence of a photograph from the landlord, he did not leave the ceiling in a reasonably clean condition.

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.
Where the damage is caused carelessly, and is covered by the landlord's insurance, the tenant's liability is limited to the lesser of the insurance excess ($250.00) or 4 weeks' rent ($2,140.00).
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.
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.
There was damage to the walls and door of a bedroom during the tenancy. The damage would have required force. The cooktop was also badly smashed. The tenant did not dispute liability. The damage is more than fair wear and tear, and the tenant has not disproved liability for the damage. Filing fee
The landlord’s application has been successful. I must award 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 4879920 — net $1,535.59 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Tenant	Reason
Rent to end of tenancy	$1,299.29		Rent to end of tenancy
Repairs and cleaning	$2,047.85		Repairs and cleaning
Water charges to end of tenancy	$348.01		Water charges to end of tenancy
Filing fee reimbursement	$20.44		Filing fee reimbursement
Less: bond already paid		$2,140.00	Less: bond already paid
Less: amounts already paid		$40.00	Less: amounts already paid
Total award	$3,715.59	$2,180.00
Net award	$1,535.59
Total payable by Tenant to Landlord	$1,535.59

Claims and awards for application 4879920 — net $1,535.59 NZD. Verify on MoJ.

Rent to end of tenancy

Amount: $1,299.29
Awarded to: Landlord
Reason: Rent to end of tenancy

Repairs and cleaning

Amount: $2,047.85
Awarded to: Landlord
Reason: Repairs and cleaning

Water charges to end of tenancy

Amount: $348.01
Awarded to: Landlord
Reason: Water charges to end of tenancy

Filing fee reimbursement

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

Less: bond already paid

Amount: $2,140.00
Awarded to: Tenant
Reason: Less: bond already paid

Claim types — money lines allowed on this order

Cleanliness Filing Fee

Order

Isaac William Michael Whyte must pay Reforma P.M. Limited - as Agent for Eleven East Ltd $1,535.59, calculated as shown in the table below.
The tenant must pay the debt in order 1 at the rate of $5.00 per week.
The first payment must be made on Wednesday 7 August 2024 and payments must continue every Wednesday until the debt is paid in full.
If the tenant fails to make any payment within 2 working days of the due date, the balance of the debt owing will be payable immediately and can be enforced through the District Court.

Reasons

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

How much is owed for rent and water?

The tenancy ended on 11 March 2024. The landlord provided rent records, water invoices and a summary of the water charges which prove the amount owing at the end of the tenancy. The tenant did not dispute these claims.

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. The tenant did not cause the splattering to the lounge/kitchen ceiling (which occurred when a bird got trapped inside) but nonetheless had a duty to keep the premises reasonably clean.
The tenant accepted that, despite the absence of a photograph from the landlord, he did not leave the ceiling in a reasonably clean condition.

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.
Where the damage is caused carelessly, and is covered by the landlord's insurance, the tenant's liability is limited to the lesser of the insurance excess ($250.00) or 4 weeks' rent ($2,140.00).
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.
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.
There was damage to the walls and door of a bedroom during the tenancy. The damage would have required force. The cooktop was also badly smashed. The tenant did not dispute liability. The damage is more than fair wear and tear, and the tenant has not disproved liability for the damage. Filing fee
The landlord’s application has been successful. I must award the filing fee.

Tenancy Tribunal case 4879920 — Cleanliness at Unit/Flat Unit 101, 9 East Street, Papakura, Papakura 2110

At a glance

Tenancy Tribunal case 4879920 — Cleanliness at Unit/Flat Unit 101, 9 East Street, Papakura, Papakura 2110

At a glance

Award balance

Claims & awards

Order

Reasons

How much is owed for rent and water?

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

Key findings

Property management

Frequently asked questions

Award balance

Claims & awards

Order

Reasons

How much is owed for rent and water?

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

Key findings

Property management

Frequently asked questions