What was the outcome of Tenancy Tribunal case 5003970?

The tribunal order states: Kania Te Ataahua Martin-Wade must pay Oxygen.Co.Nz Limited As Agent For

How much money was awarded in case 5003970?

Cleaning: $350.00 awarded to landlord; Filing Fee: $27.00 awarded to landlord; Property Damage: $150.00 awarded to landlord; Property Damage: $403.08 awarded to landlord; Rubbish Removal: $440.00 awarded to landlord

What type of tenancy dispute was case 5003970?

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

Where can I read the official tribunal order for case 5003970?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/11335790-Tenancy_Tribunal_Order.pdf.

What was the outcome of Tenancy Tribunal case 5003970?

The tribunal order states: Kania Te Ataahua Martin-Wade must pay Oxygen.Co.Nz Limited As Agent For

How much money was awarded in case 5003970?

Cleaning: $350.00 awarded to landlord; Filing Fee: $27.00 awarded to landlord; Property Damage: $150.00 awarded to landlord; Property Damage: $403.08 awarded to landlord; Rubbish Removal: $440.00 awarded to landlord

What type of tenancy dispute was case 5003970?

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

Where can I read the official tribunal order for case 5003970?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/11335790-Tenancy_Tribunal_Order.pdf.

73A Kirkwood Road, Flaxmere, Hastings 4120 Tenancy Tribunal Case 5003970 — Property damage

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73A Kirkwood Road, Flaxmere, Hastings 4120 Tenancy Tribunal Case 5003970 — 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 5003970 — net $1,370.08 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rubbish removal	$440.00	Rubbish removal
Lock/key replacement	$150.00	Lock/key replacement
Cleaning	$350.00	Cleaning
Glass repair	$403.08	Glass repair
Filing fee reimbursement	$27.00	Filing fee reimbursement
Net award	$1,370.08
Total payable by Tenant to Landlord	$1,370.08

Claims and awards for application 5003970 — net $1,370.08 NZD. Verify on MoJ.

Rubbish removal

Amount: $440.00
Awarded to: Landlord
Reason: Rubbish removal

Lock/key replacement

Amount: $150.00
Awarded to: Landlord
Reason: Lock/key replacement

Cleaning

Amount: $350.00
Awarded to: Landlord
Reason: Cleaning

Glass repair

Amount: $403.08
Awarded to: Landlord
Reason: Glass repair

Filing fee reimbursement

Amount: $27.00
Awarded to: Landlord
Reason: Filing fee reimbursement

Claim types — money lines allowed on this order

Cleanliness Filing Fee Property damage Rubbish Removal

Order

Kania Te Ataahua Martin-Wade must pay Oxygen.Co.Nz Limited As Agent For Jonathan Brownlee $1,370.08 immediately, calculated as shown in the table below.

Reasons

The landlord attended the hearing which was held by teleconference. The Tribunal was unable to contact the tenant on the contact number provided in the application. I was satisfied that adequate service of the hearing notice had been completed and proceeded with the hearing in the tenant’s absence.
The landlord has applied for compensation and reimbursement of the filing fee following the end of the tenancy.

Did the tenant breach their obligations?

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 (“RTA”).
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.
The landlord has claimed compensation for rubbish removal, lock and key replacement, cleaning, and glass repair totalling $1,343.08. These claims are supported by the exit property condition report, photographs, and invoices provided by the landlord, which establish the condition of the premises at the end of the tenancy. The evidence shows the property was left in an unclean and untidy condition, with rubbish and belongings left behind, a lost key requiring replacement, and with a glass panel in the ranch slider damaged during the tenancy: The damage is more than fair wear and tear, and the tenant has not disproved liability for the damage.
Based on the evidence provided, the landlord has established that the tenant failed to comply with their obligations under the RTA. The tenant’s failure to meet these obligations constitutes a breach of their legal duties, making them liable for the costs incurred by the landlord to restore the property.
The landlord’s evidence is undisputed. The landlord’s claims are reasonable and proportionate to the extent of the breaches. The costs sought reflect the actual expenses incurred to return the property to the required standard and are supported by clear and credible evidence.
It is therefore appropriate that the landlord be awarded the costs claimed. Filing fee
As the landlord has wholly succeeded with the claim, I must order the tenant to reimburse 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 5003970 — net $1,370.08 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rubbish removal	$440.00	Rubbish removal
Lock/key replacement	$150.00	Lock/key replacement
Cleaning	$350.00	Cleaning
Glass repair	$403.08	Glass repair
Filing fee reimbursement	$27.00	Filing fee reimbursement
Net award	$1,370.08
Total payable by Tenant to Landlord	$1,370.08

Claims and awards for application 5003970 — net $1,370.08 NZD. Verify on MoJ.

Rubbish removal

Amount: $440.00
Awarded to: Landlord
Reason: Rubbish removal

Lock/key replacement

Amount: $150.00
Awarded to: Landlord
Reason: Lock/key replacement

Cleaning

Amount: $350.00
Awarded to: Landlord
Reason: Cleaning

Glass repair

Amount: $403.08
Awarded to: Landlord
Reason: Glass repair

Filing fee reimbursement

Amount: $27.00
Awarded to: Landlord
Reason: Filing fee reimbursement

Claim types — money lines allowed on this order

Cleanliness Filing Fee Property damage Rubbish Removal

Order

Kania Te Ataahua Martin-Wade must pay Oxygen.Co.Nz Limited As Agent For Jonathan Brownlee $1,370.08 immediately, calculated as shown in the table below.

Reasons

The landlord attended the hearing which was held by teleconference. The Tribunal was unable to contact the tenant on the contact number provided in the application. I was satisfied that adequate service of the hearing notice had been completed and proceeded with the hearing in the tenant’s absence.
The landlord has applied for compensation and reimbursement of the filing fee following the end of the tenancy.

Did the tenant breach their obligations?

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 (“RTA”).
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.
The landlord has claimed compensation for rubbish removal, lock and key replacement, cleaning, and glass repair totalling $1,343.08. These claims are supported by the exit property condition report, photographs, and invoices provided by the landlord, which establish the condition of the premises at the end of the tenancy. The evidence shows the property was left in an unclean and untidy condition, with rubbish and belongings left behind, a lost key requiring replacement, and with a glass panel in the ranch slider damaged during the tenancy: The damage is more than fair wear and tear, and the tenant has not disproved liability for the damage.
Based on the evidence provided, the landlord has established that the tenant failed to comply with their obligations under the RTA. The tenant’s failure to meet these obligations constitutes a breach of their legal duties, making them liable for the costs incurred by the landlord to restore the property.
The landlord’s evidence is undisputed. The landlord’s claims are reasonable and proportionate to the extent of the breaches. The costs sought reflect the actual expenses incurred to return the property to the required standard and are supported by clear and credible evidence.
It is therefore appropriate that the landlord be awarded the costs claimed. Filing fee
As the landlord has wholly succeeded with the claim, I must order the tenant to reimburse the filing fee.

Tenancy Tribunal case 5003970 — Property damage at 73A Kirkwood Road, Flaxmere, Hastings 4120

At a glance

Tenancy Tribunal case 5003970 — Property damage at 73A Kirkwood Road, Flaxmere, Hastings 4120

At a glance

Award balance

Claims & awards

Order

Reasons

Did the tenant breach their obligations?

Topics & place

Residential Tenancies Act sections

Key findings

Property management

Frequently asked questions

Award balance

Claims & awards

Order

Reasons

Did the tenant breach their obligations?

Topics & place

Residential Tenancies Act sections

Key findings

Property management

Frequently asked questions