What was Tenancy Tribunal case 4939611 about?

The tribunal order states: Andrii Borysenko and Kateryna Riabova to pay [The landlord/s] $1,189.19 from

How much money was awarded in case 4939611?

Cleaning: $149.50 awarded to landlord; Cleaning: $224.25 awarded to landlord; Filing Fee: $27.00 awarded to landlord; Property Damage: $30.00 awarded to landlord; Wastemaster: $103.50 awarded to landlord; Water Rates: $654.94 awarded to landlord

What type of tenancy dispute was case 4939611?

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

Where can I read the official tribunal order for case 4939611?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/10702375-Tribunal_Order_Redacted.pdf.

What was Tenancy Tribunal case 4939611 about?

The tribunal order states: Andrii Borysenko and Kateryna Riabova to pay [The landlord/s] $1,189.19 from

How much money was awarded in case 4939611?

Cleaning: $149.50 awarded to landlord; Cleaning: $224.25 awarded to landlord; Filing Fee: $27.00 awarded to landlord; Property Damage: $30.00 awarded to landlord; Wastemaster: $103.50 awarded to landlord; Water Rates: $654.94 awarded to landlord

What type of tenancy dispute was case 4939611?

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

Where can I read the official tribunal order for case 4939611?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/10702375-Tribunal_Order_Redacted.pdf.

Unit/Flat 29C, 16 Gore Street, Auckland Central, Auckland Tenancy Tribunal Case 4939611 — Cleanliness

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Unit/Flat 29C, 16 Gore Street, Auckland Central, Auckland Tenancy Tribunal Case 4939611 — 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 4939611 — net $1,189.19 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Water rates	$654.94	Water rates
Carpet Cleaning	$149.50	Carpet Cleaning
Lock/key replacement: swipe card	$30.00	Lock/key replacement: swipe card
Cleaning	$224.25	Cleaning
Repairs: Wastemaster	$103.50	Repairs: Wastemaster
Filing fee reimbursement	$27.00	Filing fee reimbursement
Net award	$1,189.19
Bond	$2,400.00
Total payable by Tenant to Landlord	$1,189.19

Claims and awards for application 4939611 — net $1,189.19 NZD. Verify on MoJ.

Water rates

Amount: $654.94
Awarded to: Landlord
Reason: Water rates

Carpet Cleaning

Amount: $149.50
Awarded to: Landlord
Reason: Carpet Cleaning

Lock/key replacement: swipe card

Amount: $30.00
Awarded to: Landlord
Reason: Lock/key replacement: swipe card

Cleaning

Amount: $224.25
Awarded to: Landlord
Reason: Cleaning

Repairs: Wastemaster

Amount: $103.50
Awarded to: Landlord
Reason: Repairs: Wastemaster

Claim types — money lines allowed on this order

Carpet Cleaning Cleanliness Filing Fee Property damage Water Rates

Order

Andrii Borysenko and Kateryna Riabova to pay [The landlord/s] $1,189.19 from the bond, calculated as shown in table below.
The Bond Centre is to pay the bond of $2,400.00 ([Bond number suppressed]) immediately apportioned as follows: [The landlord/s]: $1,189.19 Andrii Borysenko and Kateryna Riabova: $1,210.81

Reasons

Both parties attended the hearing. The tenant attended by video and the landlord attended by phone.
The landlord has applied for water rates, compensation, refund of the bond, and reimbursement of the filing fee following the end of the tenancy.

How much is owed for water rates?

The tenancy ended on 4 June 2024. The landlord provided water rates invoices for the period from December to May 2024. In relation to the period from 14 May 2024 until the end of the tenancy the landlord estimated the water usage using the average monthly invoice and calculated it on a daily basis.
The tenant had not paid the water invoices claimed because of what they considered to be high water invoices for the previous year and leaks at the premises.
Section 39(4)(c) states that a tenant is responsible for water on the basis of consumption. I am not satisfied that the last invoice (14 May 2024 to 4 June 2024) for water is based on consumption because an estimate was made based on average monthly usage. I have therefore not allowed the claim in respect of that invoice.
The tenant argued that he did not receive the Watercare invoice, but the tenant was advised that it is different for apartment blocks where one large invoice is given to the Body Corporate. The Body Corporate then calculates the water usage for each unit.
The landlord produced the Body Corporate invoices at the hearing. I am satisfied that the tenant is responsible for payment of the water rates for the five invoices from December 2023. That amount is ordered being $654.94.

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 tenant did not leave the premises reasonably clean and tidy, and did not remove all rubbish. At the hearing the tenant said that the landlord should have provided the tenant with an opportunity to address issues which the landlord considered was not reasonably clean. The Residential Tenancies Act does not make provision for the tenants to have a second opportunity to clean the premises.
On the evidence produced by the landlord I accept that the premises required further cleaning to be reasonably clean.
In relation to carpet cleaning the landlord produced a photograph of the carpet from before the tenancy. There were also photographs of the carpet from after the tenancy. I accept that the carpet required cleaning at the end of the tenancy. The carpet cleaning cost sought is ordered.
The landlord claims for the cost of repairing the waste disposal unit. The landlord produced evidence from the contractor stating that the unit was blocked and needed to be unblocked.
The tenant considered that the landlord should have produced video evidence of the unit being blocked. Instead, I accept the evidence produced, which is from a third party, advising that it was blocked. The repair cost is ordered.
The tenant acknowledged that one of the swipe cards was not returned and therefore the cost of replacing the card is ordered.
Because [The applicant/s] has wholly succeeded with the claim I must reimburse the filing fee. For the same reason the landlord’s name is suppressed.

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 4939611 — net $1,189.19 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Water rates	$654.94	Water rates
Carpet Cleaning	$149.50	Carpet Cleaning
Lock/key replacement: swipe card	$30.00	Lock/key replacement: swipe card
Cleaning	$224.25	Cleaning
Repairs: Wastemaster	$103.50	Repairs: Wastemaster
Filing fee reimbursement	$27.00	Filing fee reimbursement
Net award	$1,189.19
Bond	$2,400.00
Total payable by Tenant to Landlord	$1,189.19

Claims and awards for application 4939611 — net $1,189.19 NZD. Verify on MoJ.

Water rates

Amount: $654.94
Awarded to: Landlord
Reason: Water rates

Carpet Cleaning

Amount: $149.50
Awarded to: Landlord
Reason: Carpet Cleaning

Lock/key replacement: swipe card

Amount: $30.00
Awarded to: Landlord
Reason: Lock/key replacement: swipe card

Cleaning

Amount: $224.25
Awarded to: Landlord
Reason: Cleaning

Repairs: Wastemaster

Amount: $103.50
Awarded to: Landlord
Reason: Repairs: Wastemaster

Claim types — money lines allowed on this order

Carpet Cleaning Cleanliness Filing Fee Property damage Water Rates

Order

Andrii Borysenko and Kateryna Riabova to pay [The landlord/s] $1,189.19 from the bond, calculated as shown in table below.
The Bond Centre is to pay the bond of $2,400.00 ([Bond number suppressed]) immediately apportioned as follows: [The landlord/s]: $1,189.19 Andrii Borysenko and Kateryna Riabova: $1,210.81

Reasons

Both parties attended the hearing. The tenant attended by video and the landlord attended by phone.
The landlord has applied for water rates, compensation, refund of the bond, and reimbursement of the filing fee following the end of the tenancy.

How much is owed for water rates?

The tenancy ended on 4 June 2024. The landlord provided water rates invoices for the period from December to May 2024. In relation to the period from 14 May 2024 until the end of the tenancy the landlord estimated the water usage using the average monthly invoice and calculated it on a daily basis.
The tenant had not paid the water invoices claimed because of what they considered to be high water invoices for the previous year and leaks at the premises.
Section 39(4)(c) states that a tenant is responsible for water on the basis of consumption. I am not satisfied that the last invoice (14 May 2024 to 4 June 2024) for water is based on consumption because an estimate was made based on average monthly usage. I have therefore not allowed the claim in respect of that invoice.
The tenant argued that he did not receive the Watercare invoice, but the tenant was advised that it is different for apartment blocks where one large invoice is given to the Body Corporate. The Body Corporate then calculates the water usage for each unit.
The landlord produced the Body Corporate invoices at the hearing. I am satisfied that the tenant is responsible for payment of the water rates for the five invoices from December 2023. That amount is ordered being $654.94.

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 tenant did not leave the premises reasonably clean and tidy, and did not remove all rubbish. At the hearing the tenant said that the landlord should have provided the tenant with an opportunity to address issues which the landlord considered was not reasonably clean. The Residential Tenancies Act does not make provision for the tenants to have a second opportunity to clean the premises.
On the evidence produced by the landlord I accept that the premises required further cleaning to be reasonably clean.
In relation to carpet cleaning the landlord produced a photograph of the carpet from before the tenancy. There were also photographs of the carpet from after the tenancy. I accept that the carpet required cleaning at the end of the tenancy. The carpet cleaning cost sought is ordered.
The landlord claims for the cost of repairing the waste disposal unit. The landlord produced evidence from the contractor stating that the unit was blocked and needed to be unblocked.
The tenant considered that the landlord should have produced video evidence of the unit being blocked. Instead, I accept the evidence produced, which is from a third party, advising that it was blocked. The repair cost is ordered.
The tenant acknowledged that one of the swipe cards was not returned and therefore the cost of replacing the card is ordered.
Because [The applicant/s] has wholly succeeded with the claim I must reimburse the filing fee. For the same reason the landlord’s name is suppressed.

Tenancy Tribunal case 4939611 — Cleanliness at Unit/Flat 29C, 16 Gore Street, Auckland Central, Auckland

At a glance

Tenancy Tribunal case 4939611 — Cleanliness at Unit/Flat 29C, 16 Gore Street, Auckland Central, Auckland

At a glance

Award balance

Claims & awards

Order

Reasons

How much is owed for water rates?

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

Topics & place

Residential Tenancies Act sections

Key findings

Frequently asked questions

Award balance

Claims & awards

Order

Reasons

How much is owed for water rates?

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

Topics & place

Residential Tenancies Act sections

Key findings

Frequently asked questions