What was Tenancy Tribunal case 5179594 about?

The tribunal order states: Awhina Boldy must pay Cirone Limited T/A Onecall Property Management Miku

How much money was awarded in case 5179594?

Cleaning: $299.00 awarded to landlord; Filing Fee: $27.00 awarded to landlord; Remove Modifications: $460.00 awarded to landlord; Rubbish Removal: $460.00 awarded to landlord

What type of tenancy dispute was case 5179594?

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

Where can I read the official tribunal order for case 5179594?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/12022365-Tenancy_Tribunal_Order.pdf.

What was Tenancy Tribunal case 5179594 about?

The tribunal order states: Awhina Boldy must pay Cirone Limited T/A Onecall Property Management Miku

How much money was awarded in case 5179594?

Cleaning: $299.00 awarded to landlord; Filing Fee: $27.00 awarded to landlord; Remove Modifications: $460.00 awarded to landlord; Rubbish Removal: $460.00 awarded to landlord

What type of tenancy dispute was case 5179594?

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

Where can I read the official tribunal order for case 5179594?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/12022365-Tenancy_Tribunal_Order.pdf.

16 Palmers Road, Clendon Park, Auckland 2103 Tenancy Tribunal Case 5179594 — Property damage

Tenantcheck Insights

16 Palmers Road, Clendon Park, Auckland 2103 Tenancy Tribunal Case 5179594 — Property damage | 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 5179594 — net $1,278.53 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Carpet Cleaning	$299.00	Carpet Cleaning
Repairs: remove modifications	$460.00	Repairs: remove modifications
Rubbish removal	$460.00	Rubbish removal
Repairs (balance after bond and water credit	$32.53	Repairs (balance after bond and water credit
Filing fee reimbursement	$27.00	Filing fee reimbursement
Net award	$1,278.53
Total payable by Tenant to Landlord	$1,278.53

Claims and awards for application 5179594 — net $1,278.53 NZD. Verify on MoJ.

Carpet Cleaning

Amount: $299.00
Awarded to: Landlord
Reason: Carpet Cleaning

Repairs: remove modifications

Amount: $460.00
Awarded to: Landlord
Reason: Repairs: remove modifications

Rubbish removal

Amount: $460.00
Awarded to: Landlord
Reason: Rubbish removal

Repairs (balance after bond and water credit

Amount: $32.53
Awarded to: Landlord
Reason: Repairs (balance after bond and water credit

Filing fee reimbursement

Amount: $27.00
Awarded to: Landlord
Reason: Filing fee reimbursement

Dismissed claims

Property Damage — There is no evidence to support the claim that owner curtains were in place in 2017 at commencement and required replacement now. I note that significant depre…

Claim types — money lines allowed on this order

Carpet Cleaning Filing Fee Property damage Rubbish Removal

Order

Awhina Boldy must pay Cirone Limited T/A Onecall Property Management Miku Ashley $1,278.53 immediately, calculated as shown in table below.

Reasons

Both parties attended the hearing, conducted via video/teleconference.
The landlord has applied for compensation and reimbursement of the filing fee following the end of the tenancy.
A party who brings a claim to the Tenancy Tribunal must prove on the balance of probabilities (more likely than not) that their version of events took place. Independent witnesses, corroborating documents and photographs are an important part of discharging this burden of proof.
The issue of evidence at Tenancy Tribunal hearings was considered by the District Court in Kaipo v Clarke & McCarthy (DC) TT233/02. Judge Mather stated: “...[the applicant] needs to be reminded that like anyone who brings an application before a Tribunal or a Court, it is incumbent upon the applicant to provide the evidence necessary to prove the case. If the applicant fails to do that, then their application will be dismissed whether it has merit or not because it is up to the applicant to provide the necessary evidence. It is not up to the other parties and it is certainly not up to the Tribunal to extract evidence.”
The parties have previously agreed how the bond and a water credit be applied to other landlord costs. There was a final outstanding amount of $32.53 for such costs. This was accepted by the tenant. The other claims here are fresh.

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 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 tenant did not remove all rubbish, mainly a large dog kennel. The carpets required cleaning. An invoice ($299.00 for carpet cleaning and a quote apportioned across rubbish ($460.00) and reinstatement (see below) confirmed the costs as awarded.
The amounts ordered are proved.
A claim for curtain replacement is dismissed. There is no evidence to support the claim that owner curtains were in place in 2017 at commencement and required replacement now. I note that significant depreciation would likely have reduced any monetary order, even if successful.

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 tenant attached some timber framing at various locations and attached shading/privacy screening due to problems from a neighbour. These were not removed at the end of the tenancy and a cost of $460.00 is awarded. The cost is yet to be incurred and the compensation awarded is based on a quote. The tenant agreed with me that this cost seemed reasonable.
The amount ordered is proved. Filing fee
Because Cirone Limited T/A Onecall Property Management Miku Ashley has substantially succeeded with the claim I have reimbursed 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 5179594 — net $1,278.53 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Carpet Cleaning	$299.00	Carpet Cleaning
Repairs: remove modifications	$460.00	Repairs: remove modifications
Rubbish removal	$460.00	Rubbish removal
Repairs (balance after bond and water credit	$32.53	Repairs (balance after bond and water credit
Filing fee reimbursement	$27.00	Filing fee reimbursement
Net award	$1,278.53
Total payable by Tenant to Landlord	$1,278.53

Claims and awards for application 5179594 — net $1,278.53 NZD. Verify on MoJ.

Carpet Cleaning

Amount: $299.00
Awarded to: Landlord
Reason: Carpet Cleaning

Repairs: remove modifications

Amount: $460.00
Awarded to: Landlord
Reason: Repairs: remove modifications

Rubbish removal

Amount: $460.00
Awarded to: Landlord
Reason: Rubbish removal

Repairs (balance after bond and water credit

Amount: $32.53
Awarded to: Landlord
Reason: Repairs (balance after bond and water credit

Filing fee reimbursement

Amount: $27.00
Awarded to: Landlord
Reason: Filing fee reimbursement

Dismissed claims

Property Damage — There is no evidence to support the claim that owner curtains were in place in 2017 at commencement and required replacement now. I note that significant depre…

Claim types — money lines allowed on this order

Carpet Cleaning Filing Fee Property damage Rubbish Removal

Order

Awhina Boldy must pay Cirone Limited T/A Onecall Property Management Miku Ashley $1,278.53 immediately, calculated as shown in table below.

Reasons

Both parties attended the hearing, conducted via video/teleconference.
The landlord has applied for compensation and reimbursement of the filing fee following the end of the tenancy.
A party who brings a claim to the Tenancy Tribunal must prove on the balance of probabilities (more likely than not) that their version of events took place. Independent witnesses, corroborating documents and photographs are an important part of discharging this burden of proof.
The issue of evidence at Tenancy Tribunal hearings was considered by the District Court in Kaipo v Clarke & McCarthy (DC) TT233/02. Judge Mather stated: “...[the applicant] needs to be reminded that like anyone who brings an application before a Tribunal or a Court, it is incumbent upon the applicant to provide the evidence necessary to prove the case. If the applicant fails to do that, then their application will be dismissed whether it has merit or not because it is up to the applicant to provide the necessary evidence. It is not up to the other parties and it is certainly not up to the Tribunal to extract evidence.”
The parties have previously agreed how the bond and a water credit be applied to other landlord costs. There was a final outstanding amount of $32.53 for such costs. This was accepted by the tenant. The other claims here are fresh.

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 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 tenant did not remove all rubbish, mainly a large dog kennel. The carpets required cleaning. An invoice ($299.00 for carpet cleaning and a quote apportioned across rubbish ($460.00) and reinstatement (see below) confirmed the costs as awarded.
The amounts ordered are proved.
A claim for curtain replacement is dismissed. There is no evidence to support the claim that owner curtains were in place in 2017 at commencement and required replacement now. I note that significant depreciation would likely have reduced any monetary order, even if successful.

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 tenant attached some timber framing at various locations and attached shading/privacy screening due to problems from a neighbour. These were not removed at the end of the tenancy and a cost of $460.00 is awarded. The cost is yet to be incurred and the compensation awarded is based on a quote. The tenant agreed with me that this cost seemed reasonable.
The amount ordered is proved. Filing fee
Because Cirone Limited T/A Onecall Property Management Miku Ashley has substantially succeeded with the claim I have reimbursed the filing fee.

Tenancy Tribunal case 5179594 — Property damage at 16 Palmers Road, Clendon Park, Auckland 2103

At a glance

Tenancy Tribunal case 5179594 — Property damage at 16 Palmers Road, Clendon Park, Auckland 2103

At a glance

Award balance

Claims & awards

Dismissed claims

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

Dismissed claims

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