How much money was awarded in case 4945203?

Cleaning: $900.00 awarded to landlord; Previous Order Application 4945203 D…: $6,499.00 awarded to landlord; Front Door Frame: $260.00 awarded to landlord; Rubbish Removal: $855.60 awarded to landlord

What type of tenancy dispute was case 4945203?

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

Where can I read the official tribunal order for case 4945203?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/11208110-Tribunal_Order_Redacted.pdf.

How much money was awarded in case 4945203?

Cleaning: $900.00 awarded to landlord; Previous Order Application 4945203 D…: $6,499.00 awarded to landlord; Front Door Frame: $260.00 awarded to landlord; Rubbish Removal: $855.60 awarded to landlord

What type of tenancy dispute was case 4945203?

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

Where can I read the official tribunal order for case 4945203?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/11208110-Tribunal_Order_Redacted.pdf.

34B Ahunga Road, Karaka, Papakura 2113 Tenancy Tribunal Case 4945203 — Cleanliness

Q: What was Tenancy Tribunal case 4945203 about?

The tribunal order states: An application for suppression has been made in this case, and the Tribunal

Tenantcheck Insights

Order

Claims and awards in Tenancy Tribunal application 4945203 — net $8,514.60 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Previous order application 4945203 dated 19/09/2024	$6,499.00	Previous order application 4945203 dated 19/09/2024
Cleaning	$900.00	Cleaning
Repairs: Front door frame	$260.00	Repairs: Front door frame
Rubbish removal	$855.60	Rubbish removal
Net award	$8,514.60
Total payable by Tenant to Landlord	$8,514.60

An application for suppression has been made in this case, and the Tribunal orders suppression of the Landlord name and identifying details.

Chylsea Leewes must pay [The landlord/s] $8,514.60 immediately for rent arrears, cleaning, rubbish removal and repairs, as calculated and shown in table below. DescriptionLandlord Previous order application 4945203 dated 19/09/2024$6,499.00 Cleaning$900.00 Repairs: Front door frame$260.00 Rubbish removal$855.60 Total award$8,514.60 Total payable by Tenant to Landlord$8,514.60

Reasons

The landlords attended the hearing, the tenant did not attend.

This is the second hearing for this matter. On 19 September 2024, the Tribunal terminated the tenancy on the 22 September 2024 and ordered rent arrears and the filing fee. The bond was refunded to the landlords at the time of the termination to offset the debt owed to the landlord by the tenant in rent arrears.

After the bond refund, the tenant owed the landlord $6499.00 in additional rent arrears. The tenant has not paid this money to the landlord and so I am incorporating that sum in this order.

This scheduled hearing was to determine the vacated costs after the tenant had left the property.

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 is required to replace worn out smoke alarm batteries during the tenancy. See section 40(1) (ca) Residential Tenancies Act 1986. The tenant must also replace standard light bulbs.

The tenant did not leave the premises reasonably clean and tidy and did not remove all rubbish.

The landlords have provided photos of the condition of the property at the end of the tenancy. The property was left littered in rubbish, old furniture, and possessions. The property had not been cleaned and the carpets were heavily stains and dirty.

The landlords also provided detailed invoices that they had to pay to get the property back to tenantable condition. There are two separate invoices for cleaning which together amounted to $900.00. The walls, carpets and blinds were stained with some substance and there were pen writing on the walls. The kitchen appliances were left on a very dirty condition.

I am satisfied that the landlord has proven their claim for the cleaning costs.

The landlord provided an invoice from Junk to Go for $855.60 to remove the rubbish, discarded furniture and possessions left by the tenant.

I am satisfied that the landlords have proven their claim for the rubbish removal.

The amounts ordered are proved.

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.

Where the damage is careless, and occurs after 27 August 2019, section 49B RTA applies. If the landlord becomes aware of the damage after 27 August, the damage is presumed to have occurred after that date unless the tenant proves otherwise.

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 or four weeks' rent (or four weeks' market rent in the case of a tenant paying income-related rent). See section 49B(3)(a) RTA.

Where the damage is careless and is not covered by the landlord's insurance, the tenant's liability is limited to four weeks' rent (or market rent). See section 49B(3)(b) RTA. Where insurance money is irrecoverable because of the tenant's conduct, the property is treated as if it is not insured against the damage. See section 49B(3A) (a) RTA.

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. This applies to anything the tenant does and anything done by a person they are responsible for. See section 49B (1) RTA.

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. See Guo v Korck [2019] NZHC 1541.

The landlord found that the front door had been damaged and was unable to open. There were photos to show the dented door frame. The landlords provided an invoice for $260.00 to repair the front door frame.

The damage is more than fair wear and tear, and the tenant has not disproved liability for the damage.

The amount ordered is proven by the landlords.

The filing fee was awarded in the previous Order.

Order

Claims and awards in Tenancy Tribunal application 4945203 — net $8,514.60 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Previous order application 4945203 dated 19/09/2024	$6,499.00	Previous order application 4945203 dated 19/09/2024
Cleaning	$900.00	Cleaning
Repairs: Front door frame	$260.00	Repairs: Front door frame
Rubbish removal	$855.60	Rubbish removal
Net award	$8,514.60
Total payable by Tenant to Landlord	$8,514.60