What was Tenancy Tribunal case 5325196 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 5325196?

Cleaning: $125.00 awarded to landlord; Filing Fee: $28.00 awarded to landlord; Property Damage: $177.41 awarded to landlord; Property Damage: $375.00 awarded to landlord; Rubbish Removal: $310.50 awarded to landlord; Rubbish Removal: $460.00 awarded to landlord

What type of tenancy dispute was case 5325196?

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

Where can I read the official tribunal order for case 5325196?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/12588936-Tribunal_Order_Redacted.pdf.

What was Tenancy Tribunal case 5325196 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 5325196?

Cleaning: $125.00 awarded to landlord; Filing Fee: $28.00 awarded to landlord; Property Damage: $177.41 awarded to landlord; Property Damage: $375.00 awarded to landlord; Rubbish Removal: $310.50 awarded to landlord; Rubbish Removal: $460.00 awarded to landlord

What type of tenancy dispute was case 5325196?

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

Where can I read the official tribunal order for case 5325196?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/12588936-Tribunal_Order_Redacted.pdf.

178C Coronation Road, Hillcrest, Auckland 0627 Tenancy Tribunal Case 5325196 — Property damage

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178C Coronation Road, Hillcrest, Auckland 0627 Tenancy Tribunal Case 5325196 — 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 5325196 — net $1,475.91 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Lock/key replacement	$177.41	Lock/key replacement
Rubbish removal: skip bin	$460.00	Rubbish removal: skip bin
Rubbish removal: labour to load the bin	$310.50	Rubbish removal: labour to load the bin
Window repairs	$375.00	Window repairs
Cleaning: 5 hours labour	$125.00	Cleaning: 5 hours labour
Filing fee reimbursement	$28.00	Filing fee reimbursement
Net award	$1,475.91
Total payable by Tenant to Landlord	$1,475.91

Claims and awards for application 5325196 — net $1,475.91 NZD. Verify on MoJ.

Lock/key replacement

Amount: $177.41
Awarded to: Landlord
Reason: Lock/key replacement

Rubbish removal: skip bin

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

Rubbish removal: labour to load the bin

Amount: $310.50
Awarded to: Landlord
Reason: Rubbish removal: labour to load the bin

Window repairs

Amount: $375.00
Awarded to: Landlord
Reason: Window repairs

Cleaning: 5 hours labour

Amount: $125.00
Awarded to: Landlord
Reason: Cleaning: 5 hours labour

Dismissed claims

Other Claims — All other claims dismissed
Property Damage — The photos do not clearly show the damage and the invoice does not specifically state there was damage. Other orders

Claim types — money lines allowed on this order

Cleanliness Filing Fee Property damage Rubbish Removal

Order

An application for suppression has been made in this case, and the Tribunal orders suppression of the landlord’s name and identifying details.
Jessica Nicola Powell must pay [The landlord/s] $1,475.91 immediately, calculated as shown in table below.
All other claims are dismissed.

Reasons

The landlord attended the hearing. The tenant did not join the video hearing or answer the call to her phone.
The landlord has applied for compensation and reimbursement of the filing fee following the end of the tenancy. The tenant did not pay a bond.

Did the tenant comply with her 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 (RTA).
There is a claim for cleaning and rubbish removal. The RTA does not require the premises to be provided or returned in a spotless or an immaculate condition. The standard is based on what an average bystander would consider reasonable, not on the subjective opinions of the landlord and tenant. There is no scientific way to determine what is reasonably clean and tidy, and the Tribunal must evaluate the evidence available, and in particular inspection reports and photographs.
These are the landlord’s claims to prove. I have been provided with photos taken at the end of the tenancy. I can see the tenant left rubbish, belongings, furniture and appliances. The claims for the skip bin and for loading the skip are proved and allowed.
Five hours of cleaning is allowed for the landlord’s time getting the lounge, kitchen and bathroom to a reasonable condition. I do not have photos of the other rooms. The labour is allowed at a standard Tribunal rate of $25 and hour. The claim for carpet cleaning is not allowed because I do not have any photos of the stains.

Is the tenant responsible for the damage to the premises?

There are claims for damage to a window and the blinds in the lounge. Landlords 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 she 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 landlord has proved a window was chipped at the end of the tenancy and there is an invoice for the repair. I am persuaded the damage was caused during the tenancy. The damage is more than fair wear and tear, and the tenant has not disproved liability for the damage.
The claim for repairing the blinds is dismissed. The photos do not clearly show the damage and the invoice does not specifically state there was damage. Other orders
Because the landlord has substantially succeeded with the claim I have reimbursed the filing fee.
The landlord’s application for suppression is allowed for the same reason. See section 95A RTA.

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 5325196 — net $1,475.91 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Lock/key replacement	$177.41	Lock/key replacement
Rubbish removal: skip bin	$460.00	Rubbish removal: skip bin
Rubbish removal: labour to load the bin	$310.50	Rubbish removal: labour to load the bin
Window repairs	$375.00	Window repairs
Cleaning: 5 hours labour	$125.00	Cleaning: 5 hours labour
Filing fee reimbursement	$28.00	Filing fee reimbursement
Net award	$1,475.91
Total payable by Tenant to Landlord	$1,475.91

Claims and awards for application 5325196 — net $1,475.91 NZD. Verify on MoJ.

Lock/key replacement

Amount: $177.41
Awarded to: Landlord
Reason: Lock/key replacement

Rubbish removal: skip bin

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

Rubbish removal: labour to load the bin

Amount: $310.50
Awarded to: Landlord
Reason: Rubbish removal: labour to load the bin

Window repairs

Amount: $375.00
Awarded to: Landlord
Reason: Window repairs

Cleaning: 5 hours labour

Amount: $125.00
Awarded to: Landlord
Reason: Cleaning: 5 hours labour

Dismissed claims

Other Claims — All other claims dismissed
Property Damage — The photos do not clearly show the damage and the invoice does not specifically state there was damage. Other orders

Claim types — money lines allowed on this order

Cleanliness Filing Fee Property damage Rubbish Removal

Order

An application for suppression has been made in this case, and the Tribunal orders suppression of the landlord’s name and identifying details.
Jessica Nicola Powell must pay [The landlord/s] $1,475.91 immediately, calculated as shown in table below.
All other claims are dismissed.

Reasons

The landlord attended the hearing. The tenant did not join the video hearing or answer the call to her phone.
The landlord has applied for compensation and reimbursement of the filing fee following the end of the tenancy. The tenant did not pay a bond.

Did the tenant comply with her 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 (RTA).
There is a claim for cleaning and rubbish removal. The RTA does not require the premises to be provided or returned in a spotless or an immaculate condition. The standard is based on what an average bystander would consider reasonable, not on the subjective opinions of the landlord and tenant. There is no scientific way to determine what is reasonably clean and tidy, and the Tribunal must evaluate the evidence available, and in particular inspection reports and photographs.
These are the landlord’s claims to prove. I have been provided with photos taken at the end of the tenancy. I can see the tenant left rubbish, belongings, furniture and appliances. The claims for the skip bin and for loading the skip are proved and allowed.
Five hours of cleaning is allowed for the landlord’s time getting the lounge, kitchen and bathroom to a reasonable condition. I do not have photos of the other rooms. The labour is allowed at a standard Tribunal rate of $25 and hour. The claim for carpet cleaning is not allowed because I do not have any photos of the stains.

Is the tenant responsible for the damage to the premises?

There are claims for damage to a window and the blinds in the lounge. Landlords 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 she 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 landlord has proved a window was chipped at the end of the tenancy and there is an invoice for the repair. I am persuaded the damage was caused during the tenancy. The damage is more than fair wear and tear, and the tenant has not disproved liability for the damage.
The claim for repairing the blinds is dismissed. The photos do not clearly show the damage and the invoice does not specifically state there was damage. Other orders
Because the landlord has substantially succeeded with the claim I have reimbursed the filing fee.
The landlord’s application for suppression is allowed for the same reason. See section 95A RTA.

Tenancy Tribunal case 5325196 — Property damage at 178C Coronation Road, Hillcrest, Auckland 0627

At a glance

Tenancy Tribunal case 5325196 — Property damage at 178C Coronation Road, Hillcrest, Auckland 0627

At a glance

Award balance

Claims & awards

Dismissed claims

Order

Reasons

Did the tenant comply with her 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 her 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