What was Tenancy Tribunal case 5102868 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 5102868?

Cleaning: $828.00 awarded to landlord; Filing Fee: $27.00 awarded to landlord; Lawns and Garden Work: $241.50 awarded to landlord; Pest Control: $253.00 awarded to landlord; Property Damage: $400.00 awarded to landlord; Rubbish Removal: $795.35 awarded to landlord

What type of tenancy dispute was case 5102868?

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

Where can I read the official tribunal order for case 5102868?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/11688779-Tribunal_Order_Redacted.pdf.

What was Tenancy Tribunal case 5102868 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 5102868?

Cleaning: $828.00 awarded to landlord; Filing Fee: $27.00 awarded to landlord; Lawns and Garden Work: $241.50 awarded to landlord; Pest Control: $253.00 awarded to landlord; Property Damage: $400.00 awarded to landlord; Rubbish Removal: $795.35 awarded to landlord

What type of tenancy dispute was case 5102868?

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

Where can I read the official tribunal order for case 5102868?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/11688779-Tribunal_Order_Redacted.pdf.

Unit/Flat Flat 12, 36 West Coast Road, Glen Eden, Tenancy Tribunal Case 5102868 — Cleanliness

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Unit/Flat Flat 12, 36 West Coast Road, Glen Eden, Tenancy Tribunal Case 5102868 — 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 5102868 — net $2,268.81 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Tenant	Reason
Cleaning	$828.00		Cleaning
Rubbish removal	$795.35		Rubbish removal
Pest control	$253.00		Pest control
Lawns and Garden work	$241.50		Lawns and Garden work
Carpet insurance excess	$400.00		Carpet insurance excess
Filing fee reimbursement	$27.00		Filing fee reimbursement
Bond balance		$276.04	Bond balance
Total award	$2,544.85	$276.04
Net award	$2,268.81
Total payable by Tenant to Landlord	$2,268.81

Claims and awards for application 5102868 — net $2,268.81 NZD. Verify on MoJ.

Cleaning

Amount: $828.00
Awarded to: Landlord
Reason: Cleaning

Rubbish removal

Amount: $795.35
Awarded to: Landlord
Reason: Rubbish removal

Pest control

Amount: $253.00
Awarded to: Landlord
Reason: Pest control

Lawns and Garden work

Amount: $241.50
Awarded to: Landlord
Reason: Lawns and Garden work

Carpet insurance excess

Amount: $400.00
Awarded to: Landlord
Reason: Carpet insurance excess

Filing fee reimbursement

Claim types — money lines allowed on this order

Cleanliness Filing Fee Lawns And Garden Work Pest Control Property damage Rubbish Removal

Order

An application for suppression has been made in this case, and the Tribunal orders suppression of the Landlord name and identifying details.
Angela Christine Punchihewa must pay [The landlord/s] $2,268.81 immediately, calculated as shown in table below.

Reasons

The landlord attended the hearing by video. The tenant did not attend the hearing. Attempts were made to join the tenant to the hearing by telephone, but the calls were not answered. The hearing proceeded in the tenant’s absence.
The landlord has applied for compensation following the end of the tenancy. Soon after the tenancy ended the tenant had agreed to release the bond of $2,540.00 to the landlord which was applied to rent arrears ($1,995.43) and water rates ($268.53). The balance of the bond ($276.04) is deducted from the amount awarded to the landlord in this order.

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 amounts ordered are proved.

Is the tenant responsible for the damage to the premises?

The landlord has claimed for carpet replacement. A quote was produced for replacement of all the carpet (lounge, 3 bedrooms, hall and stairs) in the premises. The quote was for $5,247.55.
The landlord advised that only one bedroom’s carpet (bedroom 3) has been replaced. The landlord has made a claim for insurance, but the result has not been received. At the hearing the landlord was unable to produce the invoice for the carpet that has been replaced.
The photographs produced by the landlord show that there was very bad staining on the carpet in bedroom 3. The staining is evident even though the tenant had cleaned the carpet before leaving the tenancy.
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.
Where the damage is caused carelessly, and is covered by the landlord's insurance, the tenant's liability is limited to the lesser of the insurance excess or four weeks' rent (or four weeks' market rent in the case of a tenant paying income-related rent). See section 49B(3)(a) RTA.
Where the damage is careless and is not covered by the landlord's insurance, the tenant's liability is limited to four weeks' rent (or market rent). See section 49B(3)(b) RTA. Where insurance money is irrecoverable because of the tenant's conduct, the property is treated as if it is not insured against the damage. See section 49B(3A)(a) RTA.
According to the tenancy agreement the owner’s excess is $400.00. when making a claim regarding a tenanted property. Without an invoice and having regard to the quote for carpet replacement it is likely that the cost of replacement of carpet in one bedroom would exceed $400.00. It is therefore financially wise for the landlord to claim insurance in these circumstances. I have awarded the landlord $400.00 for the insurance excess in relation to the replacement of the carpet in bedroom 3.
Because [The applicant/s] has wholly succeeded with the claim I must reimburse the filing fee. For the same reason the landlord’s name is suppressed.

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 5102868 — net $2,268.81 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Tenant	Reason
Cleaning	$828.00		Cleaning
Rubbish removal	$795.35		Rubbish removal
Pest control	$253.00		Pest control
Lawns and Garden work	$241.50		Lawns and Garden work
Carpet insurance excess	$400.00		Carpet insurance excess
Filing fee reimbursement	$27.00		Filing fee reimbursement
Bond balance		$276.04	Bond balance
Total award	$2,544.85	$276.04
Net award	$2,268.81
Total payable by Tenant to Landlord	$2,268.81

Claims and awards for application 5102868 — net $2,268.81 NZD. Verify on MoJ.

Cleaning

Amount: $828.00
Awarded to: Landlord
Reason: Cleaning

Rubbish removal

Amount: $795.35
Awarded to: Landlord
Reason: Rubbish removal

Pest control

Amount: $253.00
Awarded to: Landlord
Reason: Pest control

Lawns and Garden work

Amount: $241.50
Awarded to: Landlord
Reason: Lawns and Garden work

Carpet insurance excess

Amount: $400.00
Awarded to: Landlord
Reason: Carpet insurance excess

Filing fee reimbursement

Claim types — money lines allowed on this order

Cleanliness Filing Fee Lawns And Garden Work Pest Control Property damage Rubbish Removal

Order

An application for suppression has been made in this case, and the Tribunal orders suppression of the Landlord name and identifying details.
Angela Christine Punchihewa must pay [The landlord/s] $2,268.81 immediately, calculated as shown in table below.

Reasons

The landlord attended the hearing by video. The tenant did not attend the hearing. Attempts were made to join the tenant to the hearing by telephone, but the calls were not answered. The hearing proceeded in the tenant’s absence.
The landlord has applied for compensation following the end of the tenancy. Soon after the tenancy ended the tenant had agreed to release the bond of $2,540.00 to the landlord which was applied to rent arrears ($1,995.43) and water rates ($268.53). The balance of the bond ($276.04) is deducted from the amount awarded to the landlord in this order.

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 amounts ordered are proved.

Is the tenant responsible for the damage to the premises?

The landlord has claimed for carpet replacement. A quote was produced for replacement of all the carpet (lounge, 3 bedrooms, hall and stairs) in the premises. The quote was for $5,247.55.
The landlord advised that only one bedroom’s carpet (bedroom 3) has been replaced. The landlord has made a claim for insurance, but the result has not been received. At the hearing the landlord was unable to produce the invoice for the carpet that has been replaced.
The photographs produced by the landlord show that there was very bad staining on the carpet in bedroom 3. The staining is evident even though the tenant had cleaned the carpet before leaving the tenancy.
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.
Where the damage is caused carelessly, and is covered by the landlord's insurance, the tenant's liability is limited to the lesser of the insurance excess or four weeks' rent (or four weeks' market rent in the case of a tenant paying income-related rent). See section 49B(3)(a) RTA.
Where the damage is careless and is not covered by the landlord's insurance, the tenant's liability is limited to four weeks' rent (or market rent). See section 49B(3)(b) RTA. Where insurance money is irrecoverable because of the tenant's conduct, the property is treated as if it is not insured against the damage. See section 49B(3A)(a) RTA.
According to the tenancy agreement the owner’s excess is $400.00. when making a claim regarding a tenanted property. Without an invoice and having regard to the quote for carpet replacement it is likely that the cost of replacement of carpet in one bedroom would exceed $400.00. It is therefore financially wise for the landlord to claim insurance in these circumstances. I have awarded the landlord $400.00 for the insurance excess in relation to the replacement of the carpet in bedroom 3.
Because [The applicant/s] has wholly succeeded with the claim I must reimburse the filing fee. For the same reason the landlord’s name is suppressed.

Tenancy Tribunal case 5102868 — Cleanliness at Unit/Flat Flat 12, 36 West Coast Road, Glen Eden,

At a glance

Tenancy Tribunal case 5102868 — Cleanliness at Unit/Flat Flat 12, 36 West Coast Road, Glen Eden,

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