What was Tenancy Tribunal case 4888187 about?

The tribunal order states: [The tenant/s] and [The tenant/s] must pay A1 Property

How much money was awarded in case 4888187?

Filing Fee: $20.44 awarded to landlord; Walls: $356.50 awarded to landlord; Rubbish Removal: $190.00 awarded to landlord

What type of tenancy dispute was case 4888187?

The primary dispute was Property damage.

Where can I read the official tribunal order for case 4888187?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/10504650-Tenancy_Tribunal_Order.pdf.

What was Tenancy Tribunal case 4888187 about?

The tribunal order states: [The tenant/s] and [The tenant/s] must pay A1 Property

How much money was awarded in case 4888187?

Filing Fee: $20.44 awarded to landlord; Walls: $356.50 awarded to landlord; Rubbish Removal: $190.00 awarded to landlord

What type of tenancy dispute was case 4888187?

The primary dispute was Property damage.

Where can I read the official tribunal order for case 4888187?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/10504650-Tenancy_Tribunal_Order.pdf.

12 Tennyson Street, Sydenham, Christchurch 8023 Tenancy Tribunal Case 4888187 — Property damage

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12 Tennyson Street, Sydenham, Christchurch 8023 Tenancy Tribunal Case 4888187 — 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 4888187 — net $566.94 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rubbish removal	$190.00	Rubbish removal
Repairs: Walls	$356.50	Repairs: Walls
Filing fee reimbursement	$20.44	Filing fee reimbursement
Net award	$566.94
Total payable by Tenant to Landlord	$566.94

Claims and awards for application 4888187 — net $566.94 NZD. Verify on MoJ.

Rubbish removal

Amount: $190.00
Awarded to: Landlord
Reason: Rubbish removal

Repairs: Walls

Amount: $356.50
Awarded to: Landlord
Reason: Repairs: Walls

Filing fee reimbursement

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

Net award

Landlord $566.94

Total payable by Tenant to Landlord

Landlord $566.94

Dismissed claims

Lawns and Garden Work — Is the tenant responsible for the damage to the premises?

Claim types — money lines allowed on this order

Filing Fee Property damage Rubbish Removal Lawns And Garden Work

Order

[The tenant/s] and [The tenant/s] must pay A1 Property Managers Limited As Agent For Tuatara Homes Ltd $566.94 immediately, calculated as shown in table below. DescriptionLandlord Rubbish removal$190.00 Repairs: Walls$356.50 Filing fee reimbursement$20.44 Total award$566.94 Total payable by Tenant to Landlord$566.94
The Landlord’s other claims are dismissed.

Reasons

Both parties attended the hearing.
The landlord has applied for compensation 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.
The landlord claims that the tenant did not leave the premises reasonably clean and tidy and did not remove all rubbish.
The requirement is reasonably clean and tidy. It is not spotless, pristine, commercially clean, or even to the standard that the landlord may wish to provide the premises to a new tenant. Only a modest amount of additional cleaning was done, at a cost of $60. The evidence did not establish that overall, the premises were not reasonably clean at the end of the tenancy.
The cleaning claim also included 9 lightbulbs at a cost of $45.00. The landlord did not establish that lightbulbs were required. Even if it had, there was no evidence that LED lightbulbs were installed because of any breach of the tenant’s obligations. The cleaning and lightbulb claims are dismissed.
The landlord also claimed exterior tidying, gardening and rubbish removal ($354.20). The tenant accepted that some rubbish removal was required. I have reviewed photographs from the start and end of the tenancy. The evidence did not establish that lawn and garden work was required. The claim included bin cleaning. Bins are inherently dirty and were dirty at the start of this tenancy. I have awarded $190 for rubbish removal. The balance of this claim was not proved and is dismissed.

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.
Walls were damaged during the tenancy. The damage is more than fair wear and tear, and the tenant has not disproved liability for the damage. I have viewed photographs of the damage and the invoice for repairs. I award $356.50, as claimed.
As the landlord was partially successful, I have awarded reimbursement of the Tribunal 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 4888187 — net $566.94 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rubbish removal	$190.00	Rubbish removal
Repairs: Walls	$356.50	Repairs: Walls
Filing fee reimbursement	$20.44	Filing fee reimbursement
Net award	$566.94
Total payable by Tenant to Landlord	$566.94

Claims and awards for application 4888187 — net $566.94 NZD. Verify on MoJ.

Rubbish removal

Amount: $190.00
Awarded to: Landlord
Reason: Rubbish removal

Repairs: Walls

Amount: $356.50
Awarded to: Landlord
Reason: Repairs: Walls

Filing fee reimbursement

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

Net award

Landlord $566.94

Total payable by Tenant to Landlord

Landlord $566.94

Dismissed claims

Lawns and Garden Work — Is the tenant responsible for the damage to the premises?

Claim types — money lines allowed on this order

Filing Fee Property damage Rubbish Removal Lawns And Garden Work

Order

[The tenant/s] and [The tenant/s] must pay A1 Property Managers Limited As Agent For Tuatara Homes Ltd $566.94 immediately, calculated as shown in table below. DescriptionLandlord Rubbish removal$190.00 Repairs: Walls$356.50 Filing fee reimbursement$20.44 Total award$566.94 Total payable by Tenant to Landlord$566.94
The Landlord’s other claims are dismissed.

Reasons

Both parties attended the hearing.
The landlord has applied for compensation 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.
The landlord claims that the tenant did not leave the premises reasonably clean and tidy and did not remove all rubbish.
The requirement is reasonably clean and tidy. It is not spotless, pristine, commercially clean, or even to the standard that the landlord may wish to provide the premises to a new tenant. Only a modest amount of additional cleaning was done, at a cost of $60. The evidence did not establish that overall, the premises were not reasonably clean at the end of the tenancy.
The cleaning claim also included 9 lightbulbs at a cost of $45.00. The landlord did not establish that lightbulbs were required. Even if it had, there was no evidence that LED lightbulbs were installed because of any breach of the tenant’s obligations. The cleaning and lightbulb claims are dismissed.
The landlord also claimed exterior tidying, gardening and rubbish removal ($354.20). The tenant accepted that some rubbish removal was required. I have reviewed photographs from the start and end of the tenancy. The evidence did not establish that lawn and garden work was required. The claim included bin cleaning. Bins are inherently dirty and were dirty at the start of this tenancy. I have awarded $190 for rubbish removal. The balance of this claim was not proved and is dismissed.

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.
Walls were damaged during the tenancy. The damage is more than fair wear and tear, and the tenant has not disproved liability for the damage. I have viewed photographs of the damage and the invoice for repairs. I award $356.50, as claimed.
As the landlord was partially successful, I have awarded reimbursement of the Tribunal filing fee.

Tenancy Tribunal case 4888187 — Property damage at 12 Tennyson Street, Sydenham, Christchurch 8023

At a glance

Tenancy Tribunal case 4888187 — Property damage at 12 Tennyson Street, Sydenham, Christchurch 8023

At a glance

Award balance

Claims & awards

Dismissed claims

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

Dismissed claims

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