What was the outcome of Tenancy Tribunal case 5119308?

The tribunal order states: Therese Te Kiri must pay Otautahi Community Housing Trust $1,750.33

How much money was awarded in case 5119308?

Cleaning: $551.80 awarded to landlord; Cleaning: $115.00 awarded to landlord; Filing Fee: $27.00 awarded to landlord; Property Damage: $172.50 awarded to landlord; Rent Credit: $63.86 awarded to tenant; Rubbish Removal: $863.89 awarded to landlord; Property Damage: $360.00 awarded to landlord

What type of tenancy dispute was case 5119308?

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

Where can I read the official tribunal order for case 5119308?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/11627884-Tenancy_Tribunal_Order.pdf.

What was the outcome of Tenancy Tribunal case 5119308?

The tribunal order states: Therese Te Kiri must pay Otautahi Community Housing Trust $1,750.33

How much money was awarded in case 5119308?

Cleaning: $551.80 awarded to landlord; Cleaning: $115.00 awarded to landlord; Filing Fee: $27.00 awarded to landlord; Property Damage: $172.50 awarded to landlord; Rent Credit: $63.86 awarded to tenant; Rubbish Removal: $863.89 awarded to landlord; Property Damage: $360.00 awarded to landlord

What type of tenancy dispute was case 5119308?

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

Where can I read the official tribunal order for case 5119308?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/11627884-Tenancy_Tribunal_Order.pdf.

22 Fletcher Place, Upper Riccarton, Christchurch 8041 Tenancy Tribunal Case 5119308 — Cleanliness

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22 Fletcher Place, Upper Riccarton, Christchurch 8041 Tenancy Tribunal Case 5119308 — 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 5119308 — net $1,750.33 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Tenant	Reason
Rubbish removal	$863.89		Rubbish removal
Cleaning	$551.80		Cleaning
Oven/stove cleaning	$115.00		Oven/stove cleaning
Window repairs: Door	$360.00		Window repairs: Door
Lock/key replacement	$172.50		Lock/key replacement
Filing fee reimbursement	$27.00		Filing fee reimbursement
Rent credit		$63.86	Rent credit
Total award	$2,090.19	$63.86
Net award	$1,750.33
Total payable by Tenant to Landlord	$1,750.33

Claims and awards for application 5119308 — net $1,750.33 NZD. Verify on MoJ.

Rubbish removal

Amount: $863.89
Awarded to: Landlord
Reason: Rubbish removal

Cleaning

Amount: $551.80
Awarded to: Landlord
Reason: Cleaning

Oven/stove cleaning

Amount: $115.00
Awarded to: Landlord
Reason: Oven/stove cleaning

Window repairs: Door

Amount: $360.00
Awarded to: Landlord
Reason: Window repairs: Door

Lock/key replacement

Amount: $172.50
Awarded to: Landlord
Reason: Lock/key replacement

Claim types — money lines allowed on this order

Cleanliness Filing Fee Property damage Rubbish Removal

Order

Therese Te Kiri must pay Otautahi Community Housing Trust $1,750.33 immediately, calculated as shown in table below.
The Bond Centre is to pay the bond of $276.00 (3343800-004) to Otautahi Community Housing Trust immediately.

Reasons

The landlord attended the hearing, conducted via teleconference. Two calls to the tenant were attempted but neither succeeded. I was satisfied adequate service had completed and I continued with the hearing after the second call.
The landlord has applied for compensation, refund of the bond, and reimbursement of the filing fee following the end of the tenancy.
A rent credit of $63.86 was advised and it has been applied against the debt 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 landlord claims the tenant did not leave the premises reasonably clean and tidy, including the oven, and did not remove all rubbish. In support of the claims, the landlord provided a series of photos that evidenced the need, and invoices to establish the costs.
The tenant did not return the keys. A locksmith invoice was provided and a part- charge contribution of $172.50 sought. This is awarded.
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.
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.
A glass pane in the front door was broken and replaced by the landlord at a cost of $360.00.
The damage is more than fair wear and tear, and the tenant has not disproved liability for the damage.
The amount ordered is proved by an invoice and evidenced by a photograph of the broken glass. Filing fee
Because Otautahi Community Housing Trust 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 5119308 — net $1,750.33 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Tenant	Reason
Rubbish removal	$863.89		Rubbish removal
Cleaning	$551.80		Cleaning
Oven/stove cleaning	$115.00		Oven/stove cleaning
Window repairs: Door	$360.00		Window repairs: Door
Lock/key replacement	$172.50		Lock/key replacement
Filing fee reimbursement	$27.00		Filing fee reimbursement
Rent credit		$63.86	Rent credit
Total award	$2,090.19	$63.86
Net award	$1,750.33
Total payable by Tenant to Landlord	$1,750.33

Claims and awards for application 5119308 — net $1,750.33 NZD. Verify on MoJ.

Rubbish removal

Amount: $863.89
Awarded to: Landlord
Reason: Rubbish removal

Cleaning

Amount: $551.80
Awarded to: Landlord
Reason: Cleaning

Oven/stove cleaning

Amount: $115.00
Awarded to: Landlord
Reason: Oven/stove cleaning

Window repairs: Door

Amount: $360.00
Awarded to: Landlord
Reason: Window repairs: Door

Lock/key replacement

Amount: $172.50
Awarded to: Landlord
Reason: Lock/key replacement

Claim types — money lines allowed on this order

Cleanliness Filing Fee Property damage Rubbish Removal

Order

Therese Te Kiri must pay Otautahi Community Housing Trust $1,750.33 immediately, calculated as shown in table below.
The Bond Centre is to pay the bond of $276.00 (3343800-004) to Otautahi Community Housing Trust immediately.

Reasons

The landlord attended the hearing, conducted via teleconference. Two calls to the tenant were attempted but neither succeeded. I was satisfied adequate service had completed and I continued with the hearing after the second call.
The landlord has applied for compensation, refund of the bond, and reimbursement of the filing fee following the end of the tenancy.
A rent credit of $63.86 was advised and it has been applied against the debt 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 landlord claims the tenant did not leave the premises reasonably clean and tidy, including the oven, and did not remove all rubbish. In support of the claims, the landlord provided a series of photos that evidenced the need, and invoices to establish the costs.
The tenant did not return the keys. A locksmith invoice was provided and a part- charge contribution of $172.50 sought. This is awarded.
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.
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.
A glass pane in the front door was broken and replaced by the landlord at a cost of $360.00.
The damage is more than fair wear and tear, and the tenant has not disproved liability for the damage.
The amount ordered is proved by an invoice and evidenced by a photograph of the broken glass. Filing fee
Because Otautahi Community Housing Trust has wholly succeeded with the claim I must reimburse the filing fee.

Tenancy Tribunal case 5119308 — Cleanliness at 22 Fletcher Place, Upper Riccarton, Christchurch 8041

At a glance

Tenancy Tribunal case 5119308 — Cleanliness at 22 Fletcher Place, Upper Riccarton, Christchurch 8041

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