What was Tenancy Tribunal case 5029868 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 5029868?

Cleaning: $276.00 awarded to landlord; Filing Fee: $27.00 awarded to landlord; Property Damage: $294.35 awarded to landlord; Rubbish Removal: $300.00 awarded to landlord

What type of tenancy dispute was case 5029868?

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

Where can I read the official tribunal order for case 5029868?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/11315117-Tribunal_Order_Redacted.pdf.

What was Tenancy Tribunal case 5029868 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 5029868?

Cleaning: $276.00 awarded to landlord; Filing Fee: $27.00 awarded to landlord; Property Damage: $294.35 awarded to landlord; Rubbish Removal: $300.00 awarded to landlord

What type of tenancy dispute was case 5029868?

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

Where can I read the official tribunal order for case 5029868?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/11315117-Tribunal_Order_Redacted.pdf.

53 Sheehan Street, Whataupoko, Gisborne 4010 Tenancy Tribunal Case 5029868 — Property damage

Reasons

Claims and awards in Tenancy Tribunal application 5029868 — net $897.35 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Door repair	$294.35	Door repair
Cleaning	$276.00	Cleaning
Lawns, weeding, rubbish removal	$300.00	Lawns, weeding, rubbish removal
Filing fee reimbursement	$27.00	Filing fee reimbursement
Net award	$897.35
Total payable by Tenant to Landlord	$897.35

This application was scheduled to be heard by video conference. The tenants attended the hearing via the Teams link and the landlord attended by telephone.

The landlord has applied for compensation and reimbursement of the filing fee following the end of the tenancy.

Did the tenants 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.

At today’s hearing the tenants accepted that they ought to pay the $276.00 invoiced cost of cleaning the premises at the end of their tenancy.

Their dispute was with the $1,000.00 claimed as the cost of lawn mowing, dumping of waste, dumping of rubbish and weeding.

The landlord has been invoiced $2,518.02 for a clean up of the exterior of the property, including dumping of green waste and rubbish, lawn mowing and weeding. The landlord accepted that the tenants are not responsible for the entirety of this invoice and so has claimed $1,000.00 from the tenants towards this cost.

The tenants disputed the claim and stated that a lot of the rubbish removed was rubbish that was already at the property when they first moved in.

I accept the tenants’ evidence that the concrete bits that were dumped was the concrete that they had dug from the ground when they were making a garden. They ought therefore not to be responsible for the cost of getting rid of them.

Comparing the ingoing and outgoing photographs, I can see that there was a significant amount of rubbish in the garden shed when the tenants first moved in to the property. They ought not to be responsible for its removal.

However, there was some rubbish that was not apparent in the ingoing photographs.

Having considered the photographs and assessed the evidence provided by both parties, I consider that a reasonable sum that the tenants ought to ay towards this invoice is $300.00.

In coming to this conclusion I have also taken into account that tenants are required to leave a property in reasonable condition. It does not need to be left perfectly, or indeed to the standard required for a new tenant. Door repair

The tenants accepted the claimed cost of repairing the door. Filing fee reimbursement

I am ordering the tenants to reimburse the filing fee to the landlord because the landlord was substantially successful in the claim against them. Suppression of names

Section 95A of the Residential Tenancies Act 1986 provides that: (1) The Tribunal may, on the application of any party to the proceedings or on its own initiative, having regard to the interests of the parties and to the public interest order that all or part of the evidence given or the name or any identifying particulars of any witness or party not be published. (2) An order may be subject to any conditions that the Tribunal considers appropriate. (3) If a party that has wholly or substantially succeeded in the proceedings applies for an order that their name or identifying particulars not be published, the Tribunal must make the order unless the Tribunal considers that publication is in the public interest, or is justified because of the party’s conduct or any other circumstances of the case.

The landlord has applied for suppression of their name and I am allowing suppression pursuant to s95(A)(3).

I am also allowing suppression of the tenants’ names pursuant to s95(A)(1) because I consider that the tenants had a genuine dispute regarding the invoice for the grounds and because they readily accepted those claims for which they were responsible. I also note that the landlord supported their application for suppression of their names. C ter Haar 16 January 2025

Claims and awards in Tenancy Tribunal application 5029868 — net $897.35 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Door repair	$294.35	Door repair
Cleaning	$276.00	Cleaning
Lawns, weeding, rubbish removal	$300.00	Lawns, weeding, rubbish removal
Filing fee reimbursement	$27.00	Filing fee reimbursement
Net award	$897.35
Total payable by Tenant to Landlord	$897.35

Order

An application for suppression has been made in this case, and the Tribunal orders suppression of the Landlord’s and Tenants’ names and identifying details.
[The tenant/s] must pay [The landlord/s] $897.35 immediately, calculated as shown in table below.

Reasons

This application was scheduled to be heard by video conference. The tenants attended the hearing via the Teams link and the landlord attended by telephone.
The landlord has applied for compensation and reimbursement of the filing fee following the end of the tenancy.

Did the tenants 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.
At today’s hearing the tenants accepted that they ought to pay the $276.00 invoiced cost of cleaning the premises at the end of their tenancy.
Their dispute was with the $1,000.00 claimed as the cost of lawn mowing, dumping of waste, dumping of rubbish and weeding.
The landlord has been invoiced $2,518.02 for a clean up of the exterior of the property, including dumping of green waste and rubbish, lawn mowing and weeding. The landlord accepted that the tenants are not responsible for the entirety of this invoice and so has claimed $1,000.00 from the tenants towards this cost.
The tenants disputed the claim and stated that a lot of the rubbish removed was rubbish that was already at the property when they first moved in.
I accept the tenants’ evidence that the concrete bits that were dumped was the concrete that they had dug from the ground when they were making a garden. They ought therefore not to be responsible for the cost of getting rid of them.
Comparing the ingoing and outgoing photographs, I can see that there was a significant amount of rubbish in the garden shed when the tenants first moved in to the property. They ought not to be responsible for its removal.
However, there was some rubbish that was not apparent in the ingoing photographs.
Having considered the photographs and assessed the evidence provided by both parties, I consider that a reasonable sum that the tenants ought to ay towards this invoice is $300.00.
In coming to this conclusion I have also taken into account that tenants are required to leave a property in reasonable condition. It does not need to be left perfectly, or indeed to the standard required for a new tenant. Door repair
The tenants accepted the claimed cost of repairing the door. Filing fee reimbursement
I am ordering the tenants to reimburse the filing fee to the landlord because the landlord was substantially successful in the claim against them. Suppression of names
Section 95A of the Residential Tenancies Act 1986 provides that: (1) The Tribunal may, on the application of any party to the proceedings or on its own initiative, having regard to the interests of the parties and to the public interest order that all or part of the evidence given or the name or any identifying particulars of any witness or party not be published. (2) An order may be subject to any conditions that the Tribunal considers appropriate. (3) If a party that has wholly or substantially succeeded in the proceedings applies for an order that their name or identifying particulars not be published, the Tribunal must make the order unless the Tribunal considers that publication is in the public interest, or is justified because of the party’s conduct or any other circumstances of the case.
The landlord has applied for suppression of their name and I am allowing suppression pursuant to s95(A)(3).
I am also allowing suppression of the tenants’ names pursuant to s95(A)(1) because I consider that the tenants had a genuine dispute regarding the invoice for the grounds and because they readily accepted those claims for which they were responsible. I also note that the landlord supported their application for suppression of their names. C ter Haar 16 January 2025

Tenancy Tribunal case 5029868 — Property damage at 53 Sheehan Street, Whataupoko, Gisborne 4010

At a glance

Tenancy Tribunal case 5029868 — Property damage at 53 Sheehan Street, Whataupoko, Gisborne 4010

At a glance

Award balance

Claims & awards

Order

Reasons

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

Topics & place

Residential Tenancies Act sections

Key findings

Frequently asked questions

Award balance

Claims & awards

Order

Reasons

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

Topics & place

Residential Tenancies Act sections

Key findings

Frequently asked questions