What was the outcome of Tenancy Tribunal case 4972853?

The tribunal order states: Melissa Lorin Munn to pay Richard Lin $785.40 from the bond, calculated as

How much money was awarded in case 4972853?

Cleaning: $400.00 awarded to landlord; Filing Fee: $27.00 awarded to landlord; Property Damage: $358.40 awarded to landlord

What type of tenancy dispute was case 4972853?

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

Where can I read the official tribunal order for case 4972853?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/10851816-Tenancy_Tribunal_Order.pdf.

What was the outcome of Tenancy Tribunal case 4972853?

The tribunal order states: Melissa Lorin Munn to pay Richard Lin $785.40 from the bond, calculated as

How much money was awarded in case 4972853?

Cleaning: $400.00 awarded to landlord; Filing Fee: $27.00 awarded to landlord; Property Damage: $358.40 awarded to landlord

What type of tenancy dispute was case 4972853?

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

Where can I read the official tribunal order for case 4972853?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/10851816-Tenancy_Tribunal_Order.pdf.

Unit/Flat 425, 105 Queen Street, Auckland Central, Tenancy Tribunal Case 4972853 — Cleanliness

Reasons

Claims and awards in Tenancy Tribunal application 4972853 — net $785.40 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Cleaning	$400.00	Cleaning
Replacement stove top	$358.40	Replacement stove top
Filing fee reimbursement	$27.00	Filing fee reimbursement
Net award	$785.40
Bond	$1,880.00
Total payable by Tenant to Landlord	$785.40

This application was scheduled to be heard by telephone. I rang the number provided for the tenant three times and all my calls went to voicemail.

I am satisfied that the tenant was aware of today’s hearing and so the hearing proceeded in her absence.

The landlord has applied for compensation, reimbursement of the filing fee and payment from the bond.

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 photographs show that the tenant did not leave the premises reasonably clean and so she is required to pay the established cost of cleaning.

Is the tenant responsible for the damage to the cooktop?

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 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.

I accept that the cooktop was damaged during the tenancy. I also accept that it requires more than ordinary use to damage the cooktop and so it must have been caused by the tenant’s careless action.

The cost of a replacement cooktop is established by an invoice - $671.99.

However, I have taken into account betterment and depreciation and am ordering the tenant to reimburse the landlord $358.40. In calculating depreciation, I have taken into account the age and condition of the items at the start of the tenancy and their likely useful lifespan. Filing fee

I am also ordering the tenant to reimburse the filing fee to the landlord because he was wholly successful in his claim against her. Suppression of names

Section 95A of the Residential Tenancies Act 1986 provides that: (1) The Tribunal may, on the application of any party to the proceedings or on its own initiative, having regard to the interests of the parties and to the public interest order that all or part of the evidence given or the name or any identifying particulars of any witness or party not be published. (2) An order may be subject to any conditions that the Tribunal considers appropriate. (3) If a party that has wholly or substantially succeeded in the proceedings applies for an order that their name or identifying particulars not be published, the Tribunal must make the order unless the Tribunal considers that publication is in the public interest or is justified because of the party’s conduct or any other circumstances of the case.

The tenant has applied to have their name suppressed.

I am not allowing this application because she was not successful in the claim against her (s95A(3)) and because I have not been advised of any particular reason as to why she requires to have her name suppressed (s95A(1)).

I note that the landlord made no application for suppression of his name. C ter Haar 19 September 2024

Claims and awards in Tenancy Tribunal application 4972853 — net $785.40 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Cleaning	$400.00	Cleaning
Replacement stove top	$358.40	Replacement stove top
Filing fee reimbursement	$27.00	Filing fee reimbursement
Net award	$785.40
Bond	$1,880.00
Total payable by Tenant to Landlord	$785.40

Order

Melissa Lorin Munn to pay Richard Lin $785.40 from the bond, calculated as shown in table below.
The Bond Centre is to pay the bond of $1,880.00 (5175515-018) immediately apportioned as follows: Richard Lin: $785.40 Melissa Lorin Munn: $1,094.60

Reasons

This application was scheduled to be heard by telephone. I rang the number provided for the tenant three times and all my calls went to voicemail.
I am satisfied that the tenant was aware of today’s hearing and so the hearing proceeded in her absence.
The landlord has applied for compensation, reimbursement of the filing fee and payment from the bond.

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 photographs show that the tenant did not leave the premises reasonably clean and so she is required to pay the established cost of cleaning.

Is the tenant responsible for the damage to the cooktop?

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 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.
I accept that the cooktop was damaged during the tenancy. I also accept that it requires more than ordinary use to damage the cooktop and so it must have been caused by the tenant’s careless action.
The cost of a replacement cooktop is established by an invoice - $671.99.
However, I have taken into account betterment and depreciation and am ordering the tenant to reimburse the landlord $358.40. In calculating depreciation, I have taken into account the age and condition of the items at the start of the tenancy and their likely useful lifespan. Filing fee
I am also ordering the tenant to reimburse the filing fee to the landlord because he was wholly successful in his claim against her. Suppression of names
Section 95A of the Residential Tenancies Act 1986 provides that: (1) The Tribunal may, on the application of any party to the proceedings or on its own initiative, having regard to the interests of the parties and to the public interest order that all or part of the evidence given or the name or any identifying particulars of any witness or party not be published. (2) An order may be subject to any conditions that the Tribunal considers appropriate. (3) If a party that has wholly or substantially succeeded in the proceedings applies for an order that their name or identifying particulars not be published, the Tribunal must make the order unless the Tribunal considers that publication is in the public interest or is justified because of the party’s conduct or any other circumstances of the case.
The tenant has applied to have their name suppressed.
I am not allowing this application because she was not successful in the claim against her (s95A(3)) and because I have not been advised of any particular reason as to why she requires to have her name suppressed (s95A(1)).
I note that the landlord made no application for suppression of his name. C ter Haar 19 September 2024

Tenancy Tribunal case 4972853 — Cleanliness at Unit/Flat 425, 105 Queen Street, Auckland Central,

At a glance

Tenancy Tribunal case 4972853 — Cleanliness at Unit/Flat 425, 105 Queen Street, Auckland Central,

At a glance

Award balance

Claims & awards

Order

Reasons

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

Is the tenant responsible for the damage to the cooktop?

Topics & place

Residential Tenancies Act sections

Key findings

Frequently asked questions

Award balance

Claims & awards

Order

Reasons

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

Is the tenant responsible for the damage to the cooktop?

Topics & place

Residential Tenancies Act sections

Key findings

Frequently asked questions