What was Tenancy Tribunal case 5304012 about?

The tribunal order states: [The tenant/s] tenant/s] must pay Precision Property Management Limited As

How much money was awarded in case 5304012?

Cleaning: $260.00 awarded to landlord; Cleaning: $1,000.00 awarded to landlord; Filing Fee: $28.00 awarded to landlord; Lawns and Garden Work: $166.75 awarded to landlord; 6 Walls: $696.50 awarded to landlord; Replace furnishings: heat pump remot…: $120.00 awarded to landlord; Smoke Alarms: $132.05 awarded to landlord; Rubbish Removal: $1,347.11 awarded to landlord

What type of tenancy dispute was case 5304012?

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

Where can I read the official tribunal order for case 5304012?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/12535403-Tenancy_Tribunal_Order.pdf.

What was Tenancy Tribunal case 5304012 about?

The tribunal order states: [The tenant/s] tenant/s] must pay Precision Property Management Limited As

How much money was awarded in case 5304012?

Cleaning: $260.00 awarded to landlord; Cleaning: $1,000.00 awarded to landlord; Filing Fee: $28.00 awarded to landlord; Lawns and Garden Work: $166.75 awarded to landlord; 6 Walls: $696.50 awarded to landlord; Replace furnishings: heat pump remot…: $120.00 awarded to landlord; Smoke Alarms: $132.05 awarded to landlord; Rubbish Removal: $1,347.11 awarded to landlord

What type of tenancy dispute was case 5304012?

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

Where can I read the official tribunal order for case 5304012?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/12535403-Tenancy_Tribunal_Order.pdf.

59A Pohutukawa Drive, Owhata, Rotorua 3010 Tenancy Tribunal Case 5304012 — Cleanliness

Reasons

Claims and awards in Tenancy Tribunal application 5304012 — net $3,750.41 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Cleaning	$1,000.00	Cleaning
Rubbish removal	$1,347.11	Rubbish removal
Carpet Cleaning	$260.00	Carpet Cleaning
Lawns and Garden work	$166.75	Lawns and Garden work
Repairs: 6 walls	$696.50	Repairs: 6 walls
Replace furnishings: toilet seat & 1 smoke alarm	$132.05	Replace furnishings: toilet seat & 1 smoke alarm
Replace furnishings: heat pump remote	$120.00	Replace furnishings: heat pump remote
Filing fee reimbursement	$28.00	Filing fee reimbursement
Net award	$3,750.41
Total payable by Tenant to Landlord	$3,750.41

The landlord attended the hearing represented by Ms Newson.

The tenant did not attend the hearing. She had been notified of the hearing by email and text, accordingly pursuant to section 92 of the Residential Tenancies Act 1986 (RTA) the hearing continued in her absence.

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

Did the tenant comply with their obligations at the end of the tenancy?

The landlord claims compensation for having to clean the property, remove rubbish, mow the lawns and clean the carpets.

Pursuant to section 40(1)(e)(ii)-(v) RTA, 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.

Having considered the evidence I am satisfied that the landlord has established that the tenant did not leave the premises reasonably clean and tidy and did not remove all rubbish. The house was extremely dirty with faeces rubbed into the carpet, oil on the floors and surfaces, significant mould, dirt, and mouse poo. The cleaner spent in excess of 20 hours cleaning the property and the landlord undertook a further clean before the new tenants moved in which has not been charged.

There were also a number of belongings left including whiteware and scrap metal. The tenant had given the landlord authorisation to dispose of the left belongings. The items disposed of totalled 1580kg.

The landlord also provided evidence that the lawns were significantly overgrown and required cutting and weed spraying.

The landlord has further established in evidence that the heat pump remote that was provided with the tenancy had been removed from the property.

The amounts ordered are proven in evidence and considered reasonable in the circumstances.

Is the tenant responsible for the damage to the premises?

The landlord claims compensation for having to repair the following damage: a. A broken toilet seat. b. A smashed smoke alarm. c. Significant holes on 6 walls inside the property.

To be successful in such claims, the 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.

Having assessed the evidence I am satisfied that all damage is more than fair wear and tear, and is predominantly intentional damage. Accordingly, the tenant is liable for the repairs.

In making this order 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.

Because Precision Property Management Limited As Agent For Natalie Bedggood has wholly succeeded with the claim I must reimburse the filing fee.

Claims and awards in Tenancy Tribunal application 5304012 — net $3,750.41 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Cleaning	$1,000.00	Cleaning
Rubbish removal	$1,347.11	Rubbish removal
Carpet Cleaning	$260.00	Carpet Cleaning
Lawns and Garden work	$166.75	Lawns and Garden work
Repairs: 6 walls	$696.50	Repairs: 6 walls
Replace furnishings: toilet seat & 1 smoke alarm	$132.05	Replace furnishings: toilet seat & 1 smoke alarm
Replace furnishings: heat pump remote	$120.00	Replace furnishings: heat pump remote
Filing fee reimbursement	$28.00	Filing fee reimbursement
Net award	$3,750.41
Total payable by Tenant to Landlord	$3,750.41

Order

[The tenant/s] tenant/s] must pay Precision Property Management Limited As Agent For Natalie Bedggood $3,750.41 immediately, calculated as shown in table below.

Reasons

The landlord attended the hearing represented by Ms Newson.
The tenant did not attend the hearing. She had been notified of the hearing by email and text, accordingly pursuant to section 92 of the Residential Tenancies Act 1986 (RTA) the hearing continued in her absence.
The landlord has applied for rent compensation and reimbursement of the filing fee following the end of the tenancy.

Did the tenant comply with their obligations at the end of the tenancy?

The landlord claims compensation for having to clean the property, remove rubbish, mow the lawns and clean the carpets.
Pursuant to section 40(1)(e)(ii)-(v) RTA, 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.
Having considered the evidence I am satisfied that the landlord has established that the tenant did not leave the premises reasonably clean and tidy and did not remove all rubbish. The house was extremely dirty with faeces rubbed into the carpet, oil on the floors and surfaces, significant mould, dirt, and mouse poo. The cleaner spent in excess of 20 hours cleaning the property and the landlord undertook a further clean before the new tenants moved in which has not been charged.
There were also a number of belongings left including whiteware and scrap metal. The tenant had given the landlord authorisation to dispose of the left belongings. The items disposed of totalled 1580kg.
The landlord also provided evidence that the lawns were significantly overgrown and required cutting and weed spraying.
The landlord has further established in evidence that the heat pump remote that was provided with the tenancy had been removed from the property.
The amounts ordered are proven in evidence and considered reasonable in the circumstances.

Is the tenant responsible for the damage to the premises?

The landlord claims compensation for having to repair the following damage: a. A broken toilet seat. b. A smashed smoke alarm. c. Significant holes on 6 walls inside the property.
To be successful in such claims, the 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.
Having assessed the evidence I am satisfied that all damage is more than fair wear and tear, and is predominantly intentional damage. Accordingly, the tenant is liable for the repairs.
In making this order 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.
Because Precision Property Management Limited As Agent For Natalie Bedggood has wholly succeeded with the claim I must reimburse the filing fee.

Tenancy Tribunal case 5304012 — Cleanliness at 59A Pohutukawa Drive, Owhata, Rotorua 3010

At a glance

Tenancy Tribunal case 5304012 — Cleanliness at 59A Pohutukawa Drive, Owhata, Rotorua 3010

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

Reduce avoidable tribunal risk with proper tenant checks.

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

Reduce avoidable tribunal risk with proper tenant checks.