What was Tenancy Tribunal case 5028629 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 5028629?

Cleaning: $150.00 awarded to landlord; Cleaning: $100.00 awarded to landlord; Filing Fee: $27.00 awarded to landlord; Previous Order Application 4965893 D…: $781.29 awarded to landlord; Rent 20.9.24 To 27.9.24: $754.29 awarded to landlord; Replace Awning: $150.00 awarded to landlord; Rubbish Removal: $250.00 awarded to landlord; Water Rates: $106.40 awarded to landlord

What type of tenancy dispute was case 5028629?

The primary dispute was Cleanliness.

Where can I read the official tribunal order for case 5028629?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/11309492-Tribunal_Order_Redacted.pdf.

What was Tenancy Tribunal case 5028629 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 5028629?

Cleaning: $150.00 awarded to landlord; Cleaning: $100.00 awarded to landlord; Filing Fee: $27.00 awarded to landlord; Previous Order Application 4965893 D…: $781.29 awarded to landlord; Rent 20.9.24 To 27.9.24: $754.29 awarded to landlord; Replace Awning: $150.00 awarded to landlord; Rubbish Removal: $250.00 awarded to landlord; Water Rates: $106.40 awarded to landlord

What type of tenancy dispute was case 5028629?

The primary dispute was Cleanliness.

Where can I read the official tribunal order for case 5028629?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/11309492-Tribunal_Order_Redacted.pdf.

54 Redlands Grove, Swanson, Auckland 0612 Tenancy Tribunal Case 5028629 — Cleanliness

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54 Redlands Grove, Swanson, Auckland 0612 Tenancy Tribunal Case 5028629 — 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 5028629 — net $2,318.98 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent 20.9.24 to 27.9.24	$754.29	Rent 20.9.24 to 27.9.24
Previous order application 4965893 dated 16/09/2024	$781.29	Previous order application 4965893 dated 16/09/2024
Water rates	$106.40	Water rates
Rubbish removal	$250.00	Rubbish removal
Cleaning	$100.00	Cleaning
Carpet Cleaning	$150.00	Carpet Cleaning
Replace awning	$150.00	Replace awning
Filing fee reimbursement	$27.00	Filing fee reimbursement
Net award	$2,318.98
Total payable by Tenant to Landlord	$2,318.98

Claims and awards for application 5028629 — net $2,318.98 NZD. Verify on MoJ.

Rent 20.9.24 to 27.9.24

Amount: $754.29
Awarded to: Landlord
Reason: Rent 20.9.24 to 27.9.24

Previous order application 4965893 dated 16/09/2024

Amount: $781.29
Awarded to: Landlord
Reason: Previous order application 4965893 dated 16/09/2024

Water rates

Amount: $106.40
Awarded to: Landlord
Reason: Water rates

Rubbish removal

Amount: $250.00
Awarded to: Landlord
Reason: Rubbish removal

Cleaning

Amount: $100.00
Awarded to: Landlord
Reason: Cleaning

Claim types — money lines allowed on this order

Carpet Cleaning Cleanliness Filing Fee Rubbish Removal Water Rates

Order

An application for suppression has been made in this case, and the Tribunal orders suppression of the landlord’s name and identifying details.
This order supersedes and replaces the Tribunal’s Order dated 16 September 2024 in application 4965893.
Catherine Afamasaga Seloti must pay [The landlord/s] $2,318.98 immediately, calculated as shown in the table below.

Reasons

The landlord attended the hearing. The tenant was phoned but chose not to participate in the hearing.
The landlord has applied for rent arrears, compensation and reimbursement of the filing fee following the end of the tenancy.

How much is owed for rent and water rates?

The tenancy was ended on 19 September 2024 by Order of the Tribunal dated 16 September 2024 (application 4965893). Rent arrears owed to that date are included in the earlier Order, which also paid the bond to the landlord.
The possession Order was enforced on 27 September 2024 and the tenant is liable for rent to that date (see s.60(1)).
The landlord provided rent records and water rates records which prove the amount owing at 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.
Exit inspection photographs provided by the landlord show that the tenant did not leave the premises reasonably clean and tidy, and did not remove all rubbish. The amounts claimed by the landlord are reasonable and are proved by the invoice provided

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.
Photographs provided by the landlord show that an awning at the premises was broken during the tenancy. In the absence of any explanation from the tenant I find it more likely than not that the damage was other than fair wear and tear.
The landlord claims $400.00 as compensation, being the amount noted in the invoice to, “remove the broken awning and replace awning”.
I must take 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.
The photographs show that the existing awning was old with significant existing deterioration. The compensation awarded takes that into account.
Because [The applicant/s] has wholly succeeded with the claim I 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 5028629 — net $2,318.98 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent 20.9.24 to 27.9.24	$754.29	Rent 20.9.24 to 27.9.24
Previous order application 4965893 dated 16/09/2024	$781.29	Previous order application 4965893 dated 16/09/2024
Water rates	$106.40	Water rates
Rubbish removal	$250.00	Rubbish removal
Cleaning	$100.00	Cleaning
Carpet Cleaning	$150.00	Carpet Cleaning
Replace awning	$150.00	Replace awning
Filing fee reimbursement	$27.00	Filing fee reimbursement
Net award	$2,318.98
Total payable by Tenant to Landlord	$2,318.98

Claims and awards for application 5028629 — net $2,318.98 NZD. Verify on MoJ.

Rent 20.9.24 to 27.9.24

Amount: $754.29
Awarded to: Landlord
Reason: Rent 20.9.24 to 27.9.24

Previous order application 4965893 dated 16/09/2024

Amount: $781.29
Awarded to: Landlord
Reason: Previous order application 4965893 dated 16/09/2024

Water rates

Amount: $106.40
Awarded to: Landlord
Reason: Water rates

Rubbish removal

Amount: $250.00
Awarded to: Landlord
Reason: Rubbish removal

Cleaning

Amount: $100.00
Awarded to: Landlord
Reason: Cleaning

Claim types — money lines allowed on this order

Carpet Cleaning Cleanliness Filing Fee Rubbish Removal Water Rates

Order

An application for suppression has been made in this case, and the Tribunal orders suppression of the landlord’s name and identifying details.
This order supersedes and replaces the Tribunal’s Order dated 16 September 2024 in application 4965893.
Catherine Afamasaga Seloti must pay [The landlord/s] $2,318.98 immediately, calculated as shown in the table below.

Reasons

The landlord attended the hearing. The tenant was phoned but chose not to participate in the hearing.
The landlord has applied for rent arrears, compensation and reimbursement of the filing fee following the end of the tenancy.

How much is owed for rent and water rates?

The tenancy was ended on 19 September 2024 by Order of the Tribunal dated 16 September 2024 (application 4965893). Rent arrears owed to that date are included in the earlier Order, which also paid the bond to the landlord.
The possession Order was enforced on 27 September 2024 and the tenant is liable for rent to that date (see s.60(1)).
The landlord provided rent records and water rates records which prove the amount owing at 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.
Exit inspection photographs provided by the landlord show that the tenant did not leave the premises reasonably clean and tidy, and did not remove all rubbish. The amounts claimed by the landlord are reasonable and are proved by the invoice provided

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.
Photographs provided by the landlord show that an awning at the premises was broken during the tenancy. In the absence of any explanation from the tenant I find it more likely than not that the damage was other than fair wear and tear.
The landlord claims $400.00 as compensation, being the amount noted in the invoice to, “remove the broken awning and replace awning”.
I must take 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.
The photographs show that the existing awning was old with significant existing deterioration. The compensation awarded takes that into account.
Because [The applicant/s] has wholly succeeded with the claim I must reimburse the filing fee.

Tenancy Tribunal case 5028629 — Cleanliness at 54 Redlands Grove, Swanson, Auckland 0612

At a glance

Tenancy Tribunal case 5028629 — Cleanliness at 54 Redlands Grove, Swanson, Auckland 0612

At a glance

Award balance

Claims & awards

Order

Reasons

How much is owed for rent and water rates?

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

How much is owed for rent and water rates?

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