What was Tenancy Tribunal case 5027348 about?

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

How much money was awarded in case 5027348?

Cleaning: $425.00 awarded to landlord; Cleaning: $125.00 awarded to landlord; Filing Fee: $27.00 awarded to landlord; Plaster And Paint Walls And Ceilings…: $3,500.00 awarded to landlord; Property Damage: $420.00 awarded to landlord; Replace Missing Curtains - 3 Bedroom…: $386.94 awarded to landlord; Rubbish Removal: $571.81 awarded to landlord; Skip Hire: $450.00 awarded to landlord

What type of tenancy dispute was case 5027348?

The primary dispute was Cleanliness. Related themes: Property damage, Smoke alarms.

Where can I read the official tribunal order for case 5027348?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/11377642-Tribunal_Order_Redacted.pdf.

What was Tenancy Tribunal case 5027348 about?

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

How much money was awarded in case 5027348?

Cleaning: $425.00 awarded to landlord; Cleaning: $125.00 awarded to landlord; Filing Fee: $27.00 awarded to landlord; Plaster And Paint Walls And Ceilings…: $3,500.00 awarded to landlord; Property Damage: $420.00 awarded to landlord; Replace Missing Curtains - 3 Bedroom…: $386.94 awarded to landlord; Rubbish Removal: $571.81 awarded to landlord; Skip Hire: $450.00 awarded to landlord

What type of tenancy dispute was case 5027348?

The primary dispute was Cleanliness. Related themes: Property damage, Smoke alarms.

Where can I read the official tribunal order for case 5027348?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/11377642-Tribunal_Order_Redacted.pdf.

266 Hills Road, Mairehau, Christchurch 8013 Tenancy Tribunal Case 5027348 — Cleanliness

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266 Hills Road, Mairehau, Christchurch 8013 Tenancy Tribunal Case 5027348 — 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 5027348 — net $5,337.75 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Cleaning	$425.00	Cleaning
Rubbish removal	$571.81	Rubbish removal
Skip hire	$450.00	Skip hire
Clean windows and replace smoke alarms	$125.00	Clean windows and replace smoke alarms
Lock/key replacement	$420.00	Lock/key replacement
Replace missing curtains - 3 bedrooms and lounge	$386.94	Replace missing curtains - 3 bedrooms and lounge
Plaster and paint walls and ceilings and doors off the lounge; rehang door (total claim amount reduced	$3,500.00	Plaster and paint walls and ceilings and doors off the lounge; rehang door (total claim amount reduced
Filing fee reimbursement	$27.00	Filing fee reimbursement
Net award	$5,337.75
Total payable by Tenant to Landlord	$5,337.75

Claims and awards for application 5027348 — net $5,337.75 NZD. Verify on MoJ.

Cleaning

Amount: $425.00
Awarded to: Landlord
Reason: Cleaning

Rubbish removal

Amount: $571.81
Awarded to: Landlord
Reason: Rubbish removal

Skip hire

Amount: $450.00
Awarded to: Landlord
Reason: Skip hire

Clean windows and replace smoke alarms

Amount: $125.00
Awarded to: Landlord
Reason: Clean windows and replace smoke alarms

Lock/key replacement

Amount: $420.00
Awarded to: Landlord
Reason: Lock/key replacement

Claim types — money lines allowed on this order

Cleanliness Filing Fee Property damage Rubbish Removal

Order

An application for suppression has been made in this case, and the Tribunal orders suppression of the landlord’s name and identifying details.
Jessie Benvin must pay [The landlord/s] $5,337.75 immediately, calculated as shown in table below:
The Bond Centre to pay the bond of $568.00 (5852494-002) to [The landlord/s] immediately.

Reasons

The landlord’s representative attended the hearing. The tenant did not attend.
The landlord has applied for compensation, refund of the bond, and reimbursement of the filing fee following the end of the tenancy.

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 (RTA).
The tenant did not leave the premises reasonably clean and tidy and did not remove all rubbish.
The tenant did not return the keys.
The following chattels were missing at the end of the tenancy: curtains in 3 bedrooms and the lounge as well as smoke alarms.

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: wallpaper was ripped on some walls; walls throughout the premises were dented and chipped; there was damage to the ceilings and to the doors off the lounge; a door had been removed and had to be replaced. The damage is more than fair wear and tear, and the tenant has not disproved liability for the damage.
The amounts ordered are proved by invoices and photos and the final inspection report.
I have reduced the claim for the interior repair and paint work. The premises were newly decorated about 12 months before the tenancy started. I have made a small allowance for depreciation. The invoice for repairs included repairs to 2 exterior windows that might not have been due to tenant damage but the result of a break-in.
As the application is successful, the tenant must pay the landlord’s Tribunal filing fee.
The landlord applied for, and is entitled to, an order for name suppression on the successful application – see section 95A RTA.

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 5027348 — net $5,337.75 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Cleaning	$425.00	Cleaning
Rubbish removal	$571.81	Rubbish removal
Skip hire	$450.00	Skip hire
Clean windows and replace smoke alarms	$125.00	Clean windows and replace smoke alarms
Lock/key replacement	$420.00	Lock/key replacement
Replace missing curtains - 3 bedrooms and lounge	$386.94	Replace missing curtains - 3 bedrooms and lounge
Plaster and paint walls and ceilings and doors off the lounge; rehang door (total claim amount reduced	$3,500.00	Plaster and paint walls and ceilings and doors off the lounge; rehang door (total claim amount reduced
Filing fee reimbursement	$27.00	Filing fee reimbursement
Net award	$5,337.75
Total payable by Tenant to Landlord	$5,337.75

Claims and awards for application 5027348 — net $5,337.75 NZD. Verify on MoJ.

Cleaning

Amount: $425.00
Awarded to: Landlord
Reason: Cleaning

Rubbish removal

Amount: $571.81
Awarded to: Landlord
Reason: Rubbish removal

Skip hire

Amount: $450.00
Awarded to: Landlord
Reason: Skip hire

Clean windows and replace smoke alarms

Amount: $125.00
Awarded to: Landlord
Reason: Clean windows and replace smoke alarms

Lock/key replacement

Amount: $420.00
Awarded to: Landlord
Reason: Lock/key replacement

Claim types — money lines allowed on this order

Cleanliness Filing Fee Property damage Rubbish Removal

Order

An application for suppression has been made in this case, and the Tribunal orders suppression of the landlord’s name and identifying details.
Jessie Benvin must pay [The landlord/s] $5,337.75 immediately, calculated as shown in table below:
The Bond Centre to pay the bond of $568.00 (5852494-002) to [The landlord/s] immediately.

Reasons

The landlord’s representative attended the hearing. The tenant did not attend.
The landlord has applied for compensation, refund of the bond, and reimbursement of the filing fee following the end of the tenancy.

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 (RTA).
The tenant did not leave the premises reasonably clean and tidy and did not remove all rubbish.
The tenant did not return the keys.
The following chattels were missing at the end of the tenancy: curtains in 3 bedrooms and the lounge as well as smoke alarms.

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: wallpaper was ripped on some walls; walls throughout the premises were dented and chipped; there was damage to the ceilings and to the doors off the lounge; a door had been removed and had to be replaced. The damage is more than fair wear and tear, and the tenant has not disproved liability for the damage.
The amounts ordered are proved by invoices and photos and the final inspection report.
I have reduced the claim for the interior repair and paint work. The premises were newly decorated about 12 months before the tenancy started. I have made a small allowance for depreciation. The invoice for repairs included repairs to 2 exterior windows that might not have been due to tenant damage but the result of a break-in.
As the application is successful, the tenant must pay the landlord’s Tribunal filing fee.
The landlord applied for, and is entitled to, an order for name suppression on the successful application – see section 95A RTA.

Tenancy Tribunal case 5027348 — Cleanliness at 266 Hills Road, Mairehau, Christchurch 8013

At a glance

Tenancy Tribunal case 5027348 — Cleanliness at 266 Hills Road, Mairehau, Christchurch 8013

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 premises?

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 premises?

Topics & place

Residential Tenancies Act sections

Key findings

Frequently asked questions