What was the outcome of Tenancy Tribunal case 5006188?

The tribunal order states: The Bond Centre is to pay the bond of $2,000.00 (3459005-006) to Team

How much money was awarded in case 5006188?

Cleaning: $312.80 awarded to landlord; Cleaning: $600.00 awarded to landlord; Dispose Of Coffee Table And Seat: $79.35 awarded to landlord; Filing Fee: $27.00 awarded to landlord; Rent Arrears: $716.71 awarded to landlord; Holes in walls: toilet, hallway, lou…: $746.35 awarded to landlord; Replace toilet roll holder and door…: $78.77 awarded to landlord; Replace furnishings: Net curtains in…: $110.00 awarded to landlord; Rubbish Removal: $340.40 awarded to landlord

What type of tenancy dispute was case 5006188?

The primary dispute was Cleanliness. Related themes: Property damage, Rent arrears.

Where can I read the official tribunal order for case 5006188?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/11525894-Tribunal_Order.pdf.

What was the outcome of Tenancy Tribunal case 5006188?

The tribunal order states: The Bond Centre is to pay the bond of $2,000.00 (3459005-006) to Team

How much money was awarded in case 5006188?

Cleaning: $312.80 awarded to landlord; Cleaning: $600.00 awarded to landlord; Dispose Of Coffee Table And Seat: $79.35 awarded to landlord; Filing Fee: $27.00 awarded to landlord; Rent Arrears: $716.71 awarded to landlord; Holes in walls: toilet, hallway, lou…: $746.35 awarded to landlord; Replace toilet roll holder and door…: $78.77 awarded to landlord; Replace furnishings: Net curtains in…: $110.00 awarded to landlord; Rubbish Removal: $340.40 awarded to landlord

What type of tenancy dispute was case 5006188?

The primary dispute was Cleanliness. Related themes: Property damage, Rent arrears.

Where can I read the official tribunal order for case 5006188?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/11525894-Tribunal_Order.pdf.

17 Winchester Street, Levin, Levin 5510 Tenancy Tribunal Case 5006188 — Cleanliness

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17 Winchester Street, Levin, Levin 5510 Tenancy Tribunal Case 5006188 — 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 5006188 — net $1,011.38 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears to 29/07/24	$716.71	Rent arrears to 29/07/24
Cleaning – whole house	$600.00	Cleaning – whole house
Rubbish removal	$340.40	Rubbish removal
Carpet Cleaning – all carpeted areas	$312.80	Carpet Cleaning – all carpeted areas
Dispose of coffee table and seat	$79.35	Dispose of coffee table and seat
Repairs: Holes in walls: toilet, hallway, lounge	$746.35	Repairs: Holes in walls: toilet, hallway, lounge
Repairs: Replace toilet roll holder and door stop	$78.77	Repairs: Replace toilet roll holder and door stop
Replace furnishings: Net curtains in bed 1 & 3	$110.00	Replace furnishings: Net curtains in bed 1 & 3
Filing fee reimbursement	$27.00	Filing fee reimbursement
Net award	$1,011.38
Total payable by Tenant to Landlord	$1,011.38

Claims and awards for application 5006188 — net $1,011.38 NZD. Verify on MoJ.

Rent arrears to 29/07/24

Amount: $716.71
Awarded to: Landlord
Reason: Rent arrears to 29/07/24

Cleaning – whole house

Amount: $600.00
Awarded to: Landlord
Reason: Cleaning – whole house

Rubbish removal

Amount: $340.40
Awarded to: Landlord
Reason: Rubbish removal

Carpet Cleaning – all carpeted areas

Amount: $312.80
Awarded to: Landlord
Reason: Carpet Cleaning – all carpeted areas

Dispose of coffee table and seat

Amount: $79.35
Awarded to: Landlord
Reason: Dispose of coffee table and seat

Claim types — money lines allowed on this order

Carpet Cleaning Cleanliness Filing Fee Rent arrears Property damage Rubbish Removal

Order

The Bond Centre is to pay the bond of $2,000.00 (3459005-006) to Team Group Rentals Limited immediately.
Tanimo Itielu and Ioapo Itielu must pay Team Group Rentals Limited $1,011.38 immediately, calculated as shown in table below:

Reasons

The landlord attended the hearing. Calls to the tenants last known mobile numbers both went to voicemail.
The landlord has applied for rent arrears, compensation, refund of the bond, and reimbursement of the filing fee following the end of the tenancy.
The tenancy commenced on 27 May 2022 and ended on 29 July 2024. The premises is a three-bedroom home.

How much is owed for rent?

The landlord provided rent records which prove the amount owing at the end of the tenancy. An order is made accordingly.

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. The landlord produced an out-going report, with photos, dated 31 July 2024 (the Outgoing Report). The photos show the property was not left reasonably clean and tidy. The kitchen, bathroom and laundry all required thorough cleaning.
The landlord filed an invoice from a cleaner dated 4 August 2024 for $600.00. The landlord states cleaning took two people one full day, and one person a further half day to complete.
The amount ordered is proved.
The tenant did not remove all rubbish when leaving the premises. The Outgoing Report shows a large amount of rubbish was left at the property, including a lounge suite which appeared to have been broken up into pieces and left under the house (and other areas). The tenants left a full wheelie bin which they had obtained from a private company and which the landlord had to arrange to have emptied (in addition to the council provided wheelie bin which was also full).
The landlord filed an invoice from a contractor dated 2 August 2024 for $296.00 (ex GST) for rubbish removal, and a further $69.00 (ex GST) to return and dispose of a coffee table and seat after the tenants did not respond to the landlord’s request to collect the items. The landlord stated the contractor spent half a day removing the rubbish from the property, and then disposed of it.
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.
The following damage was caused during the tenancy: a. Stained carpet throughout all carpeted areas; b. Hole in the wall in the toilet; c. Hole in the hallway wall behind the bathroom door; d. Three holes in the walls of the lounge; e. Broken toilet roll holder; f. Broken door stop behind bathroom door; g. Ripped and/or cut curtains in bedroom 1 and bedroom 3.
The landlord produced an in-going report, with photos, dated 25 May 2022 (the Ingoing Report) which showed the above damage was not present at the start of the tenancy. The Outgoing Report showed the damage present at the end of the tenancy. The landlord has proved the damage occurred during the tenancy.
The damage is more than fair wear and tear, and the tenant has not disproved liability for the damage. The amounts ordered are proved.
I have taken into account betterment and depreciation. The landlord should be returned to the position they would have been in had the tenant not breached their obligations and should not be better or worse off. 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.

Should the tenant reimburse the filing fee?

As the landlord has succeeded with the claim the tenant must 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 5006188 — net $1,011.38 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears to 29/07/24	$716.71	Rent arrears to 29/07/24
Cleaning – whole house	$600.00	Cleaning – whole house
Rubbish removal	$340.40	Rubbish removal
Carpet Cleaning – all carpeted areas	$312.80	Carpet Cleaning – all carpeted areas
Dispose of coffee table and seat	$79.35	Dispose of coffee table and seat
Repairs: Holes in walls: toilet, hallway, lounge	$746.35	Repairs: Holes in walls: toilet, hallway, lounge
Repairs: Replace toilet roll holder and door stop	$78.77	Repairs: Replace toilet roll holder and door stop
Replace furnishings: Net curtains in bed 1 & 3	$110.00	Replace furnishings: Net curtains in bed 1 & 3
Filing fee reimbursement	$27.00	Filing fee reimbursement
Net award	$1,011.38
Total payable by Tenant to Landlord	$1,011.38

Claims and awards for application 5006188 — net $1,011.38 NZD. Verify on MoJ.

Rent arrears to 29/07/24

Amount: $716.71
Awarded to: Landlord
Reason: Rent arrears to 29/07/24

Cleaning – whole house

Amount: $600.00
Awarded to: Landlord
Reason: Cleaning – whole house

Rubbish removal

Amount: $340.40
Awarded to: Landlord
Reason: Rubbish removal

Carpet Cleaning – all carpeted areas

Amount: $312.80
Awarded to: Landlord
Reason: Carpet Cleaning – all carpeted areas

Dispose of coffee table and seat

Amount: $79.35
Awarded to: Landlord
Reason: Dispose of coffee table and seat

Claim types — money lines allowed on this order

Carpet Cleaning Cleanliness Filing Fee Rent arrears Property damage Rubbish Removal

Order

The Bond Centre is to pay the bond of $2,000.00 (3459005-006) to Team Group Rentals Limited immediately.
Tanimo Itielu and Ioapo Itielu must pay Team Group Rentals Limited $1,011.38 immediately, calculated as shown in table below:

Reasons

The landlord attended the hearing. Calls to the tenants last known mobile numbers both went to voicemail.
The landlord has applied for rent arrears, compensation, refund of the bond, and reimbursement of the filing fee following the end of the tenancy.
The tenancy commenced on 27 May 2022 and ended on 29 July 2024. The premises is a three-bedroom home.

How much is owed for rent?

The landlord provided rent records which prove the amount owing at the end of the tenancy. An order is made accordingly.

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. The landlord produced an out-going report, with photos, dated 31 July 2024 (the Outgoing Report). The photos show the property was not left reasonably clean and tidy. The kitchen, bathroom and laundry all required thorough cleaning.
The landlord filed an invoice from a cleaner dated 4 August 2024 for $600.00. The landlord states cleaning took two people one full day, and one person a further half day to complete.
The amount ordered is proved.
The tenant did not remove all rubbish when leaving the premises. The Outgoing Report shows a large amount of rubbish was left at the property, including a lounge suite which appeared to have been broken up into pieces and left under the house (and other areas). The tenants left a full wheelie bin which they had obtained from a private company and which the landlord had to arrange to have emptied (in addition to the council provided wheelie bin which was also full).
The landlord filed an invoice from a contractor dated 2 August 2024 for $296.00 (ex GST) for rubbish removal, and a further $69.00 (ex GST) to return and dispose of a coffee table and seat after the tenants did not respond to the landlord’s request to collect the items. The landlord stated the contractor spent half a day removing the rubbish from the property, and then disposed of it.
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.
The following damage was caused during the tenancy: a. Stained carpet throughout all carpeted areas; b. Hole in the wall in the toilet; c. Hole in the hallway wall behind the bathroom door; d. Three holes in the walls of the lounge; e. Broken toilet roll holder; f. Broken door stop behind bathroom door; g. Ripped and/or cut curtains in bedroom 1 and bedroom 3.
The landlord produced an in-going report, with photos, dated 25 May 2022 (the Ingoing Report) which showed the above damage was not present at the start of the tenancy. The Outgoing Report showed the damage present at the end of the tenancy. The landlord has proved the damage occurred during the tenancy.
The damage is more than fair wear and tear, and the tenant has not disproved liability for the damage. The amounts ordered are proved.
I have taken into account betterment and depreciation. The landlord should be returned to the position they would have been in had the tenant not breached their obligations and should not be better or worse off. 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.

Should the tenant reimburse the filing fee?

As the landlord has succeeded with the claim the tenant must reimburse the filing fee.

Tenancy Tribunal case 5006188 — Cleanliness at 17 Winchester Street, Levin, Levin 5510

At a glance

Tenancy Tribunal case 5006188 — Cleanliness at 17 Winchester Street, Levin, Levin 5510

At a glance

Award balance

Claims & awards

Order

Reasons

How much is owed for rent?

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

Is the tenant responsible for the damage to the premises?

Should the tenant reimburse the filing fee?

Topics & place

Residential Tenancies Act sections

Key findings

Property management

Frequently asked questions

Award balance

Claims & awards

Order

Reasons

How much is owed for rent?

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

Is the tenant responsible for the damage to the premises?

Should the tenant reimburse the filing fee?

Topics & place

Residential Tenancies Act sections

Key findings

Property management

Frequently asked questions