How much money was awarded in case 5243473?

Cleaning: $768.20 awarded to landlord; Filing Fee: $27.00 awarded to landlord; Lawnmowing: $200.00 awarded to landlord; Property Damage: $174.25 awarded to landlord; Property Damage: $300.00 awarded to landlord; Rent Credit: $640.00 awarded to tenant; Rubbish Removal: $106.00 awarded to landlord; Smoke Alarms: $40.00 awarded to landlord

What type of tenancy dispute was case 5243473?

The primary dispute was Cleanliness. Related themes: Property damage, Smoke alarms.

Where can I read the official tribunal order for case 5243473?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/12179287-Tribunal_Order_Redacted.pdf.

How much money was awarded in case 5243473?

Cleaning: $768.20 awarded to landlord; Filing Fee: $27.00 awarded to landlord; Lawnmowing: $200.00 awarded to landlord; Property Damage: $174.25 awarded to landlord; Property Damage: $300.00 awarded to landlord; Rent Credit: $640.00 awarded to tenant; Rubbish Removal: $106.00 awarded to landlord; Smoke Alarms: $40.00 awarded to landlord

What type of tenancy dispute was case 5243473?

The primary dispute was Cleanliness. Related themes: Property damage, Smoke alarms.

Where can I read the official tribunal order for case 5243473?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/12179287-Tribunal_Order_Redacted.pdf.

New Zealand Tenancy Tribunal Case 5243473 — Cleanliness

Q: What was Tenancy Tribunal case 5243473 about?

The tribunal order states: An application for suppression has been made in this case, and the Tribunal

Order

Claims and awards in Tenancy Tribunal application 5243473 — net $975.45 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Tenant	Reason
Rubbish removal (adjusted	$106.00		Rubbish removal (adjusted
Lawnmowing	$200.00		Lawnmowing
Cleaning & carpet cleaning	$768.20		Cleaning & carpet cleaning
Replacement of smoke alarms	$40.00		Replacement of smoke alarms
Repair of broken window	$174.25		Repair of broken window
Replacement curtain & curtain rail (adjusted for	$300.00		Replacement curtain & curtain rail (adjusted for
Filing fee reimbursement	$27.00		Filing fee reimbursement
Rent credit		$640.00	Rent credit
Total award	$1,615.45	$640.00
Net award	$975.45
Total payable by Tenant to Landlord	$975.45

An application for suppression has been made in this case, and the Tribunal orders suppression of [the tenant/s] name and identifying details.

[The tenant/s] must pay Property Brokers Manawatu Limited As Agent For Maureen Thomson $975.45 from the bond immediately, calculated in the table below:

The Bond Centre is to pay the bond of $975.45 ([Bond number suppressed]) to Property Brokers Manawatu Limited As Agent For Maureen Thomson immediately. The Bond Centre is to pay the bond of $944.55 ([Bond number suppressed]) to [The tenant/s] immediately.

Reasons

A hearing was held via video conference to consider the landlord’s application for compensation, refund of the bond, and reimbursement of the filing fee following the end of the tenancy. The landlord attended the hearing, though due to technical audio issues, appeared by teleconference. [The tenant/s] attended and participated. [The tenant/s] did not attend.

The Tribunal is satisfied that proper service of the hearing notice was completed on both tenants. As such, the Tribunal considers it reasonable to proceed in the absence of [the tenant/s].

Did the tenants breach their obligations?

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. They must also, during the tenancy, replace worn-out smoke alarm batteries. See section 40(1)(e)(ii)-(v) Residential Tenancies Act 1986 (RTA).

Where damage to the premises is alleged, the landlord must prove that the damage occurred during the tenancy and that it is more than fair wear and tear. If that is established, the onus shifts to the tenant to prove that the damage was not caused carelessly or intentionally. See sections 40(2)(a), 41 and 49B RTA. Tenants are also liable for the actions of others who occupy the premises with their consent.

The landlord claimed the following: rubbish removal ($141.45), lawns mowed ($200.00), cleaning and carpet cleaning ($768.20), replacement smoke alarms ($40.00), repair broken window ($174.25), supply and fit replacement curtain and rail for the middle bedroom ($345.00).

This was a joint tenancy, and the tenants are jointly and severally liable for obligations under the tenancy agreement and the RTA. However, [the tenant/s] attended the hearing and effectively consented to the majority of the claims made by the landlord.

All of the above landlord’s claims were agreed by consent. Two claims were adjusted: a. Rubbish Removal - $106.00 awarded The landlord originally claimed $141.45 for rubbish removal, which included disposal of a lawnmower and trampoline. The tenant gave oral evidence that the lawnmower was present at the start of the tenancy and therefore should not be the tenants’ responsibility. The landlord accepted this and agreed to reduce the claim to $106.00, which is considered reasonable. b. Replacement Curtain and Curtain Rail – $300.00 awarded The landlord claimed $345 to supply and fit a replacement curtain and curtain rail in the middle bedroom. However, compensation for replacement of items must take into account depreciation due to fair wear and tear. Based on an estimated useful life of 7 years for curtains, and the landlord’s evidence that the curtain was 2–3 years old, I find it appropriate to apply a depreciation deduction of $45. Accordingly, compensation is awarded at $300.00.

The landlord advised the Tribunal that the tenants have a credit balance of $640, which will be applied to reduce the outstanding debt. The Tribunal records this as agreed and directs that the amount owing under this order shall be offset by this credit. Filing fee

As the landlord has substantially succeeded with the claim, I consider it reasonable to order the other party to reimburse the filing fee. Suppression

The landlord does not seek a suppression order. [The tenant/s] attended the hearing and agreed to the majority of the landlord’s claims. As this is effectively a consent order, it is appropriate in the circumstances to suppress [the tenant/s] name and identifying details under section 95A of the RTA. No suppression is granted in relation to [the tenant/s].

Claims and awards in Tenancy Tribunal application 5243473 — net $975.45 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Tenant	Reason
Rubbish removal (adjusted	$106.00		Rubbish removal (adjusted
Lawnmowing	$200.00		Lawnmowing
Cleaning & carpet cleaning	$768.20		Cleaning & carpet cleaning
Replacement of smoke alarms	$40.00		Replacement of smoke alarms
Repair of broken window	$174.25		Repair of broken window
Replacement curtain & curtain rail (adjusted for	$300.00		Replacement curtain & curtain rail (adjusted for
Filing fee reimbursement	$27.00		Filing fee reimbursement
Rent credit		$640.00	Rent credit
Total award	$1,615.45	$640.00
Net award	$975.45
Total payable by Tenant to Landlord	$975.45

Order

An application for suppression has been made in this case, and the Tribunal orders suppression of [the tenant/s] name and identifying details.
[The tenant/s] must pay Property Brokers Manawatu Limited As Agent For Maureen Thomson $975.45 from the bond immediately, calculated in the table below:
The Bond Centre is to pay the bond of $975.45 ([Bond number suppressed]) to Property Brokers Manawatu Limited As Agent For Maureen Thomson immediately. The Bond Centre is to pay the bond of $944.55 ([Bond number suppressed]) to [The tenant/s] immediately.

Reasons

A hearing was held via video conference to consider the landlord’s application for compensation, refund of the bond, and reimbursement of the filing fee following the end of the tenancy. The landlord attended the hearing, though due to technical audio issues, appeared by teleconference. [The tenant/s] attended and participated. [The tenant/s] did not attend.
The Tribunal is satisfied that proper service of the hearing notice was completed on both tenants. As such, the Tribunal considers it reasonable to proceed in the absence of [the tenant/s].

Did the tenants breach their obligations?

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. They must also, during the tenancy, replace worn-out smoke alarm batteries. See section 40(1)(e)(ii)-(v) Residential Tenancies Act 1986 (RTA).
Where damage to the premises is alleged, the landlord must prove that the damage occurred during the tenancy and that it is more than fair wear and tear. If that is established, the onus shifts to the tenant to prove that the damage was not caused carelessly or intentionally. See sections 40(2)(a), 41 and 49B RTA. Tenants are also liable for the actions of others who occupy the premises with their consent.
The landlord claimed the following: rubbish removal ($141.45), lawns mowed ($200.00), cleaning and carpet cleaning ($768.20), replacement smoke alarms ($40.00), repair broken window ($174.25), supply and fit replacement curtain and rail for the middle bedroom ($345.00).
This was a joint tenancy, and the tenants are jointly and severally liable for obligations under the tenancy agreement and the RTA. However, [the tenant/s] attended the hearing and effectively consented to the majority of the claims made by the landlord.
All of the above landlord’s claims were agreed by consent. Two claims were adjusted: a. Rubbish Removal - $106.00 awarded The landlord originally claimed $141.45 for rubbish removal, which included disposal of a lawnmower and trampoline. The tenant gave oral evidence that the lawnmower was present at the start of the tenancy and therefore should not be the tenants’ responsibility. The landlord accepted this and agreed to reduce the claim to $106.00, which is considered reasonable. b. Replacement Curtain and Curtain Rail – $300.00 awarded The landlord claimed $345 to supply and fit a replacement curtain and curtain rail in the middle bedroom. However, compensation for replacement of items must take into account depreciation due to fair wear and tear. Based on an estimated useful life of 7 years for curtains, and the landlord’s evidence that the curtain was 2–3 years old, I find it appropriate to apply a depreciation deduction of $45. Accordingly, compensation is awarded at $300.00.
The landlord advised the Tribunal that the tenants have a credit balance of $640, which will be applied to reduce the outstanding debt. The Tribunal records this as agreed and directs that the amount owing under this order shall be offset by this credit. Filing fee
As the landlord has substantially succeeded with the claim, I consider it reasonable to order the other party to reimburse the filing fee. Suppression
The landlord does not seek a suppression order. [The tenant/s] attended the hearing and agreed to the majority of the landlord’s claims. As this is effectively a consent order, it is appropriate in the circumstances to suppress [the tenant/s] name and identifying details under section 95A of the RTA. No suppression is granted in relation to [the tenant/s].

Tenancy Tribunal case 5243473 — Cleanliness

At a glance

Tenancy Tribunal case 5243473 — Cleanliness

At a glance

Award balance

Claims & awards

Order

Reasons

Did the tenants breach their obligations?

Topics & place

Residential Tenancies Act sections

Key findings

Frequently asked questions

Award balance

Claims & awards

Order

Reasons

Did the tenants breach their obligations?

Topics & place

Residential Tenancies Act sections

Key findings

Frequently asked questions