How much money was awarded in case 5005729?

Cleaning: $120.00 awarded to landlord; Filing Fee: $27.00 awarded to landlord; Plumber Call Out: $79.83 awarded to landlord; Property Damage: $100.00 awarded to landlord; Replace Chair: $90.00 awarded to landlord; Shower Components: $487.66 awarded to landlord; Shower Labour: $271.40 awarded to landlord; Washing Machine Materials And Labour: $506.00 awarded to landlord; Water Rates: $43.11 awarded to landlord

What type of tenancy dispute was case 5005729?

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

Where can I read the official tribunal order for case 5005729?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/11690988-Tribunal_Order_Redacted.pdf.

How much money was awarded in case 5005729?

Cleaning: $120.00 awarded to landlord; Filing Fee: $27.00 awarded to landlord; Plumber Call Out: $79.83 awarded to landlord; Property Damage: $100.00 awarded to landlord; Replace Chair: $90.00 awarded to landlord; Shower Components: $487.66 awarded to landlord; Shower Labour: $271.40 awarded to landlord; Washing Machine Materials And Labour: $506.00 awarded to landlord; Water Rates: $43.11 awarded to landlord

What type of tenancy dispute was case 5005729?

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

Where can I read the official tribunal order for case 5005729?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/11690988-Tribunal_Order_Redacted.pdf.

Unit/Flat 902, 11 Liverpool Street, Auckland Central, Tenancy Tribunal Case 5005729 — Cleanliness

Q: What was Tenancy Tribunal case 5005729 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 5005729. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Water rates	$43.11	Water rates
Lock/key replacement	$100.00	Lock/key replacement
Replace chair	$90.00	Replace chair
Shower components	$487.66	Shower components
Shower labour	$271.40	Shower labour
Plumber call out	$79.83	Plumber call out
Cleaning	$120.00	Cleaning
Washing machine materials and labour	$506.00	Washing machine materials and labour
Filing fee reimbursement	$27.00	Filing fee reimbursement

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

Lincoln Murray McKean must pay [The landlord/s] $1,725.00 from the bond, calculated as shown in the table below.

The Bond Centre is to pay the bond of $1,725.00 ([Bond number suppressed]) to [The landlord/s] immediately.

Reasons

The landlord attended the hearing which was held by teleconference. The tenant was unable to be contacted on the number specified in the Notice of Hearing.

In an Order dated 8 January 2025, the Tribunal adjourned the hearing for further service on the tenant as the application was filed more than 2 months after the end of the tenancy.

Since then, the documents have been served on the tenant’s mother, who has previously acted as a liaison between the landlord and the tenant. The service report notes, “Spoke with subject’s mother, subject homeless, smoweher oin Auckland. Has not seen or heard from him for 6 months”

Since the last hearing, effective 20 March 2025, the Residential Tenancies Amendment Act 2024 (2024 No 52) has amended s.91A RTA, to provide that service may be effected, “....if the landlord files the application no later than 2 years after the termination of the tenancy to which it relates, by transmission to an email address given by the tenant as an address for service.”

The tenant has been served at the e-mail address given as an address for service in the agreement.

The landlord has applied for compensation, refund of the bond, and reimbursement of the filing fee following the end of the tenancy. Water Rates

The landlord has provided a copy of the water rates invoice from the body corporate showing the amount owed at the end of the tenancy as $49.19. The invoice is for the period ending 29 February 2024. The tenancy ended on 11 February 2024. The landlord’s evidence is that the premises were empty from 11 February 2024 to 29 February 2024 so there would have been no water used during that time. To allow for the possibility that there was a little water used, for example by tradespeople during that period and because the landlord claims only the amount of the bond, I have reduced the award a little.

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.

Correspondence between the landlord and the tenant’s mother around the end of the tenancy shows that the tenant’s mother did some cleaning of the premises and believed it had for the most part been left reasonably clean and tidy. Evidence provided by the landlord in the form of photographs of surfaces and showing the amount of material he vacuumed up, corroborates his evidence that he spent at least four hours bringing the premises to reasonable condition. The has since paid for further commercial cleaning of the premises.

I allow compensation for that four hours work, though at an hourly rate of $30.00 rather than the $50.00 claimed.

The tenant had 2 keys for the premises. The correspondence shows that the tenant accepts one key needed to be replaced but that the other, though damaged, was still useable. The landlord’s evidence, which I accept, is that the key was damaged to the point that it could not be provided for the use of the next tenant and so he had to pay for 2 new keys @ $50.00 each. He is entitled to have that loss compensated.

In communications between the landlord and the tenant’s mother, she confirms the tenant’s acceptance that the landlord should be compensated $90.00 for a chair that was removed.

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.

The following damage was caused during the tenancy: a. the shower mixer was damaged by the handle having been broken off with the mixer stem inside. Shower fixtures were also broken. The plumber’s report/ invoice shows that the mixer and fittings needed to be replaced. The landlord claims the cost of the materials required, the plumber’s labour to complete the repair and the callout cost. As the plumber attended to other work at the same time, 50% of the labour charges and call out fee are claimed, which is reasonable. b. the door seal and clamp on the washer/ dryer needed to be replaced. Inspection by the body corporate tradesperson found that the top element of the oven was burnt, knobs were broken and the seal missing. The dishwasher board needed replacing. Replacement of those appliances was recommended. The landlord does not claim the cost of replacing those appliances but seeks compensation for the cost of the inspection and for repairing the washer/ dryer.

I am satisfied that it is more likely than not that the damage for which compensation is claimed, occurred during the tenancy and is more than fair wear and tear. In the absence of evidence from the tenant showing that it was not intentionally or carelessly caused, I find that the tenant should compensate the landlord for those repair costs.

Because [The applicant/s] has succeeded with the claim I must reimburse the filing fee.

Order

Claims and awards in Tenancy Tribunal application 5005729. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Water rates	$43.11	Water rates
Lock/key replacement	$100.00	Lock/key replacement
Replace chair	$90.00	Replace chair
Shower components	$487.66	Shower components
Shower labour	$271.40	Shower labour
Plumber call out	$79.83	Plumber call out
Cleaning	$120.00	Cleaning
Washing machine materials and labour	$506.00	Washing machine materials and labour
Filing fee reimbursement	$27.00	Filing fee reimbursement

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

Lincoln Murray McKean must pay [The landlord/s] $1,725.00 from the bond, calculated as shown in the table below.

The Bond Centre is to pay the bond of $1,725.00 ([Bond number suppressed]) to [The landlord/s] immediately.

Reasons

The landlord attended the hearing which was held by teleconference. The tenant was unable to be contacted on the number specified in the Notice of Hearing.

In an Order dated 8 January 2025, the Tribunal adjourned the hearing for further service on the tenant as the application was filed more than 2 months after the end of the tenancy.

The tenant has been served at the e-mail address given as an address for service in the agreement.

The landlord has applied for compensation, refund of the bond, and reimbursement of the filing fee following the end of the tenancy. Water Rates

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

I allow compensation for that four hours work, though at an hourly rate of $30.00 rather than the $50.00 claimed.

In communications between the landlord and the tenant’s mother, she confirms the tenant’s acceptance that the landlord should be compensated $90.00 for a chair that was removed.

Is the tenant responsible for the damage to the premises?

Because [The applicant/s] has succeeded with the claim I must reimburse the filing fee.

Tenancy Tribunal case 5005729 — Cleanliness at Unit/Flat 902, 11 Liverpool Street, Auckland Central,

At a glance

Tenancy Tribunal case 5005729 — Cleanliness at Unit/Flat 902, 11 Liverpool Street, Auckland Central,

At a glance

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 premises?

Topics & place

Residential Tenancies Act sections

Key findings

Frequently asked questions

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 premises?

Topics & place

Residential Tenancies Act sections

Key findings

Frequently asked questions