What was the outcome of Tenancy Tribunal case 5096848?

The tribunal order states: Lautasi Samaeli must pay Lc Management Limited (T/A A Grade Rental

How much money was awarded in case 5096848?

Cleaning: $529.00 awarded to landlord; Filing Fee: $27.00 awarded to landlord; Property Damage: $2,683.34 awarded to landlord; Rubbish Removal: $1,341.66 awarded to landlord

What type of tenancy dispute was case 5096848?

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

Where can I read the official tribunal order for case 5096848?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/11514829-Tenancy_Tribunal_Order.pdf.

What was the outcome of Tenancy Tribunal case 5096848?

The tribunal order states: Lautasi Samaeli must pay Lc Management Limited (T/A A Grade Rental

How much money was awarded in case 5096848?

Cleaning: $529.00 awarded to landlord; Filing Fee: $27.00 awarded to landlord; Property Damage: $2,683.34 awarded to landlord; Rubbish Removal: $1,341.66 awarded to landlord

What type of tenancy dispute was case 5096848?

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

Where can I read the official tribunal order for case 5096848?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/11514829-Tenancy_Tribunal_Order.pdf.

38A Neal Avenue, Glenfield, Auckland 0629 Tenancy Tribunal Case 5096848 — Property damage

Reasons

Claims and awards in Tenancy Tribunal application 5096848 — net $4,581.00 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Cleaning	$529.00	Cleaning
Rubbish removal	$1,341.66	Rubbish removal
Repairs	$2,683.34	Repairs
Filing fee reimbursement	$27.00	Filing fee reimbursement
Net award	$4,581.00
Total payable by Tenant to Landlord	$4,581.00

The landlord attended the hearing. The tenant did not.

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

As the applicant, the landlord must prove their claim to the civil law standard of proof, on the balance of probabilities. CLEANING & RUBBISH REMOVAL

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 is required to replace worn out smoke alarm batteries during the tenancy. See section 40(1)(ca) Residential Tenancies Act 1986. The tenant must also replace standard light bulbs.

The landlord claims the tenant did not leave the premises reasonably clean and tidy and did not remove all rubbish.

The landlord submitted photographs of the property taken at the beginning and end of the tenancy. The photographs taken at the beginning show the property in a clean condition with no furniture present. The photographs taken at the end show rubbish, personal belongings, miscellaneous household items and abandoned furniture items left at the property.

Based on the photographs submitted by the landlord, I find the tenant did not leave the premises reasonably clean and tidy and did not remove all rubbish.

The landlord submitted an invoice for $529.00 for cleaning. Their claim for compensation for cleaning is granted in full for this amount.

The landlord also submitted an invoice for $4,025.00 for rubbish removal and repairs. I grant the landlord’s claim for compensation for rubbish removal for one third of the amount of this invoice, namely $1,341.66. The balance of the invoice is credited towards repairs discussed below.

The amounts ordered are proved.

DAMAGE

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 submitted photographs of the property taken at the beginning and end of the tenancy. Based on these photographs, I find that the following damage occurred during the tenancy: a. Multiple holes in the walls and doors; and b. Removal of the front glass plate of the oven.

The damage is more than fair wear and tear, and the tenant has not disproved liability.

The landlord submitted an invoice for a total of $4,025.00 for rubbish removal and repairs. I have credited one third of this invoice towards rubbish removal, which leaves a balance of $2,683.34 for repairs.

The landlord’s claim for compensation for repairs is granted for a total of $2,683.34.

The amount ordered is 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.

FILING FEE

Because Lc Management Limited (T/A A Grade Rental Homes) - As Agent For Lai King To has wholly succeeded with the claim I must reimburse the filing fee.

Claims and awards in Tenancy Tribunal application 5096848 — net $4,581.00 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Cleaning	$529.00	Cleaning
Rubbish removal	$1,341.66	Rubbish removal
Repairs	$2,683.34	Repairs
Filing fee reimbursement	$27.00	Filing fee reimbursement
Net award	$4,581.00
Total payable by Tenant to Landlord	$4,581.00

Order

Lautasi Samaeli must pay Lc Management Limited (T/A A Grade Rental Homes) - As Agent For Lai King To $4,581.00 immediately, calculated as shown in table below.

Reasons

The landlord attended the hearing. The tenant did not.
The landlord has applied for compensation and reimbursement of the filing fee following the end of the tenancy.
As the applicant, the landlord must prove their claim to the civil law standard of proof, on the balance of probabilities. CLEANING & RUBBISH REMOVAL
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 is required to replace worn out smoke alarm batteries during the tenancy. See section 40(1)(ca) Residential Tenancies Act 1986. The tenant must also replace standard light bulbs.
The landlord claims the tenant did not leave the premises reasonably clean and tidy and did not remove all rubbish.
The landlord submitted photographs of the property taken at the beginning and end of the tenancy. The photographs taken at the beginning show the property in a clean condition with no furniture present. The photographs taken at the end show rubbish, personal belongings, miscellaneous household items and abandoned furniture items left at the property.
Based on the photographs submitted by the landlord, I find the tenant did not leave the premises reasonably clean and tidy and did not remove all rubbish.
The landlord submitted an invoice for $529.00 for cleaning. Their claim for compensation for cleaning is granted in full for this amount.
The landlord also submitted an invoice for $4,025.00 for rubbish removal and repairs. I grant the landlord’s claim for compensation for rubbish removal for one third of the amount of this invoice, namely $1,341.66. The balance of the invoice is credited towards repairs discussed below.
The amounts ordered are proved.

DAMAGE

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 submitted photographs of the property taken at the beginning and end of the tenancy. Based on these photographs, I find that the following damage occurred during the tenancy: a. Multiple holes in the walls and doors; and b. Removal of the front glass plate of the oven.
The damage is more than fair wear and tear, and the tenant has not disproved liability.
The landlord submitted an invoice for a total of $4,025.00 for rubbish removal and repairs. I have credited one third of this invoice towards rubbish removal, which leaves a balance of $2,683.34 for repairs.
The landlord’s claim for compensation for repairs is granted for a total of $2,683.34.
The amount ordered is 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.

FILING FEE

Because Lc Management Limited (T/A A Grade Rental Homes) - As Agent For Lai King To has wholly succeeded with the claim I must reimburse the filing fee.

Tenancy Tribunal case 5096848 — Property damage at 38A Neal Avenue, Glenfield, Auckland 0629

At a glance

Tenancy Tribunal case 5096848 — Property damage at 38A Neal Avenue, Glenfield, Auckland 0629

At a glance

Award balance

Claims & awards

Order

Reasons

DAMAGE

FILING FEE

Topics & place

Residential Tenancies Act sections

Key findings

Property management

Frequently asked questions

Award balance

Claims & awards

Order

Reasons

DAMAGE

FILING FEE

Topics & place

Residential Tenancies Act sections

Key findings

Property management

Frequently asked questions