What was the outcome of Tenancy Tribunal case 5036530?

The tribunal order states: Akosi Fonua and Tukulotu Fonua must pay 100 Percent Rentals Limited As

How much money was awarded in case 5036530?

Cleaning: $327.75 awarded to landlord; Cleaning: $414.00 awarded to landlord; Filing Fee: $27.00 awarded to landlord; Property Damage: $356.50 awarded to landlord; Property Damage: $230.00 awarded to landlord; Rubbish Removal: $207.00 awarded to landlord

What type of tenancy dispute was case 5036530?

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

Where can I read the official tribunal order for case 5036530?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/11395955-Tenancy_Tribunal_Order.pdf.

What was the outcome of Tenancy Tribunal case 5036530?

The tribunal order states: Akosi Fonua and Tukulotu Fonua must pay 100 Percent Rentals Limited As

How much money was awarded in case 5036530?

Cleaning: $327.75 awarded to landlord; Cleaning: $414.00 awarded to landlord; Filing Fee: $27.00 awarded to landlord; Property Damage: $356.50 awarded to landlord; Property Damage: $230.00 awarded to landlord; Rubbish Removal: $207.00 awarded to landlord

What type of tenancy dispute was case 5036530?

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

Where can I read the official tribunal order for case 5036530?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/11395955-Tenancy_Tribunal_Order.pdf.

231 Grey Street, Palmerston North, Palmerston North 4414 Tenancy Tribunal Case 5036530 — Cleanliness

Tenantcheck Insights

Loading insights…

Pulling tribunal records

Loading insights…

Pulling tribunal records

231 Grey Street, Palmerston North, Palmerston North 4414 Tenancy Tribunal Case 5036530 — 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 5036530 — net $1,562.25 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Cleaning	$414.00	Cleaning
Rubbish removal	$207.00	Rubbish removal
Lock/key replacement: including Garage Remotes	$356.50	Lock/key replacement: including Garage Remotes
Carpet Cleaning	$327.75	Carpet Cleaning
Repairs: Wall Repair	$230.00	Repairs: Wall Repair
Filing fee reimbursement	$27.00	Filing fee reimbursement
Net award	$1,562.25
Total payable by Tenant to Landlord	$1,562.25

Claims and awards for application 5036530 — net $1,562.25 NZD. Verify on MoJ.

Cleaning

Amount: $414.00
Awarded to: Landlord
Reason: Cleaning

Rubbish removal

Amount: $207.00
Awarded to: Landlord
Reason: Rubbish removal

Lock/key replacement: including Garage Remotes

Amount: $356.50
Awarded to: Landlord
Reason: Lock/key replacement: including Garage Remotes

Carpet Cleaning

Amount: $327.75
Awarded to: Landlord
Reason: Carpet Cleaning

Repairs: Wall Repair

Amount: $230.00
Awarded to: Landlord
Reason: Repairs: Wall Repair

Claim types — money lines allowed on this order

Carpet Cleaning Cleanliness Filing Fee Property damage Rubbish Removal

Order

Akosi Fonua and Tukulotu Fonua must pay 100 Percent Rentals Limited As Agent For Owner $1,562.25 immediately, calculated as shown in table below. DescriptionLandlord Cleaning$414.00 Rubbish removal$207.00 Lock/key replacement: including Garage Remotes$356.50 Carpet Cleaning$327.75 Repairs: Wall Repair$230.00 Filing fee reimbursement$27.00 Total award$1,562.25 Total payable by Tenant to Landlord$1,562.25
The Landlord’s claim for a window repair is dismissed.

Reasons

Both parties attended the hearing by telephone.
The landlord has applied for compensation 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.
The tenant did not leave the premises reasonably clean and tidy and did not remove all rubbish. The tenant did not return the keys or garage door remotes.
The landlord provided photographs and receipts to establish the amounts claimed. The tenant said that they removed most of the rubbish and did some cleaning before they left the property. The amounts claimed are consistent with that. 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 landlord claimed that a window was broken and a wall damaged during the tenancy. The wall damage is more than fair wear and tear, and the tenant has not disproved liability for the damage. I award the $230 claimed.
The tenant explained that the window was broken by someone attempting to enter the premises while they were away for the weekend. She acknowledged that she should have told the landlord when it happened. The tenant has satisfied me that the broken window was not carelessly or intentionally caused by the tenant, or someone at the premises with their permission. The window claim is dismissed.
As the landlord was substantially successful, I have awarded reimbursement of the Tribunal application 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 5036530 — net $1,562.25 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Cleaning	$414.00	Cleaning
Rubbish removal	$207.00	Rubbish removal
Lock/key replacement: including Garage Remotes	$356.50	Lock/key replacement: including Garage Remotes
Carpet Cleaning	$327.75	Carpet Cleaning
Repairs: Wall Repair	$230.00	Repairs: Wall Repair
Filing fee reimbursement	$27.00	Filing fee reimbursement
Net award	$1,562.25
Total payable by Tenant to Landlord	$1,562.25

Claims and awards for application 5036530 — net $1,562.25 NZD. Verify on MoJ.

Cleaning

Amount: $414.00
Awarded to: Landlord
Reason: Cleaning

Rubbish removal

Amount: $207.00
Awarded to: Landlord
Reason: Rubbish removal

Lock/key replacement: including Garage Remotes

Amount: $356.50
Awarded to: Landlord
Reason: Lock/key replacement: including Garage Remotes

Carpet Cleaning

Amount: $327.75
Awarded to: Landlord
Reason: Carpet Cleaning

Repairs: Wall Repair

Amount: $230.00
Awarded to: Landlord
Reason: Repairs: Wall Repair

Claim types — money lines allowed on this order

Carpet Cleaning Cleanliness Filing Fee Property damage Rubbish Removal

Order

Akosi Fonua and Tukulotu Fonua must pay 100 Percent Rentals Limited As Agent For Owner $1,562.25 immediately, calculated as shown in table below. DescriptionLandlord Cleaning$414.00 Rubbish removal$207.00 Lock/key replacement: including Garage Remotes$356.50 Carpet Cleaning$327.75 Repairs: Wall Repair$230.00 Filing fee reimbursement$27.00 Total award$1,562.25 Total payable by Tenant to Landlord$1,562.25
The Landlord’s claim for a window repair is dismissed.

Reasons

Both parties attended the hearing by telephone.
The landlord has applied for compensation 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.
The tenant did not leave the premises reasonably clean and tidy and did not remove all rubbish. The tenant did not return the keys or garage door remotes.
The landlord provided photographs and receipts to establish the amounts claimed. The tenant said that they removed most of the rubbish and did some cleaning before they left the property. The amounts claimed are consistent with that. 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 landlord claimed that a window was broken and a wall damaged during the tenancy. The wall damage is more than fair wear and tear, and the tenant has not disproved liability for the damage. I award the $230 claimed.
The tenant explained that the window was broken by someone attempting to enter the premises while they were away for the weekend. She acknowledged that she should have told the landlord when it happened. The tenant has satisfied me that the broken window was not carelessly or intentionally caused by the tenant, or someone at the premises with their permission. The window claim is dismissed.
As the landlord was substantially successful, I have awarded reimbursement of the Tribunal application fee.

Tenancy Tribunal case 5036530 — Cleanliness at 231 Grey Street, Palmerston North, Palmerston North 4414

At a glance

Tenancy Tribunal case 5036530 — Cleanliness at 231 Grey Street, Palmerston North, Palmerston North 4414

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

Property management

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

Property management

Frequently asked questions