What was Tenancy Tribunal case 5333242 about?

The tribunal order states: [The tenant/s] and [The tenant/s] must pay Gralin Property Management (

How much money was awarded in case 5333242?

Cleaning: $220.00 awarded to landlord; Filing Fee: $28.00 awarded to landlord; Cleaning: $350.00 awarded to landlord; walls, less fair wear and tear and d…: $1,150.00 awarded to landlord

What type of tenancy dispute was case 5333242?

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

Where can I read the official tribunal order for case 5333242?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/12780783-Tenancy_Tribunal_Order.pdf.

What was Tenancy Tribunal case 5333242 about?

The tribunal order states: [The tenant/s] and [The tenant/s] must pay Gralin Property Management (

How much money was awarded in case 5333242?

Cleaning: $220.00 awarded to landlord; Filing Fee: $28.00 awarded to landlord; Cleaning: $350.00 awarded to landlord; walls, less fair wear and tear and d…: $1,150.00 awarded to landlord

What type of tenancy dispute was case 5333242?

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

Where can I read the official tribunal order for case 5333242?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/12780783-Tenancy_Tribunal_Order.pdf.

10 Puweto Avenue, Takanini, Auckland 2112 Tenancy Tribunal Case 5333242 — Property damage

Tenantcheck Insights

10 Puweto Avenue, Takanini, Auckland 2112 Tenancy Tribunal Case 5333242 — 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 5333242 — net $1,468.11 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Tenant	Reason
General cleaning: to a reasonably clean and tidy condition	$350.00		General cleaning: to a reasonably clean and tidy condition
Carpet Cleaning	$220.00		Carpet Cleaning
Repairs: walls, less fair wear and tear and depreciation	$1,150.00		Repairs: walls, less fair wear and tear and depreciation
Balance of the bond held by the landlord		$279.89	Balance of the bond held by the landlord
Filing fee reimbursement	$28.00		Filing fee reimbursement
Total award	$1,748.00	$279.89
Net award	$1,468.11
Total payable by Tenant to Landlord	$1,468.11

Claims and awards for application 5333242 — net $1,468.11 NZD. Verify on MoJ.

General cleaning: to a reasonably clean and tidy condition

Amount: $350.00
Awarded to: Landlord
Reason: General cleaning: to a reasonably clean and tidy condition

Carpet Cleaning

Amount: $220.00
Awarded to: Landlord
Reason: Carpet Cleaning

Repairs: walls, less fair wear and tear and depreciation

Amount: $1,150.00
Awarded to: Landlord
Reason: Repairs: walls, less fair wear and tear and depreciation

Balance of the bond held by the landlord

Amount: $279.89
Awarded to: Tenant
Reason: Balance of the bond held by the landlord

Filing fee reimbursement

Amount: $28.00
Awarded to: Landlord

Claim types — money lines allowed on this order

Carpet Cleaning Filing Fee Cleanliness Property damage

Order

[The tenant/s] and [The tenant/s] must pay Gralin Property Management ( Auckland East) Limited As Agent For Kiet Nhi Trinh & Yunhui Xu $1,468.11 immediately, calculated as shown in table below.

Reasons

Both parties attended the hearing.
The landlord has applied for compensation, and reimbursement of the filing fee following the end of the tenancy.
After accounting for rent arrears, water rates and carpet repair costs agreed by the parties, a sum of $279.89 is presently held by the landlord from the bond that has been refunded to the landlord. $279.89 will used to offset some of the amounts proved below.

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.
Having regard to the photographs submitted, I find that the tenant did not leave the premises reasonably clean and tidy, including the carpet.
I have moderated the amounts ordered in favour of the landlord based on the reasonably clean and reasonably tidy standard that tenants must leave the tenancy rather than a professional standard of cleaning.
Only 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.
The walls were damaged during the tenancy. Some, but not all, of the damage is more than fair wear and tear, and the tenant has not disproved liability for some of the damage.
Only the amounts ordered are proved.
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 Gralin Property Management ( Auckland East) Limited As Agent For Kiet Nhi Trinh & Yunhui Xu 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 5333242 — net $1,468.11 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Tenant	Reason
General cleaning: to a reasonably clean and tidy condition	$350.00		General cleaning: to a reasonably clean and tidy condition
Carpet Cleaning	$220.00		Carpet Cleaning
Repairs: walls, less fair wear and tear and depreciation	$1,150.00		Repairs: walls, less fair wear and tear and depreciation
Balance of the bond held by the landlord		$279.89	Balance of the bond held by the landlord
Filing fee reimbursement	$28.00		Filing fee reimbursement
Total award	$1,748.00	$279.89
Net award	$1,468.11
Total payable by Tenant to Landlord	$1,468.11

Claims and awards for application 5333242 — net $1,468.11 NZD. Verify on MoJ.

General cleaning: to a reasonably clean and tidy condition

Amount: $350.00
Awarded to: Landlord
Reason: General cleaning: to a reasonably clean and tidy condition

Carpet Cleaning

Amount: $220.00
Awarded to: Landlord
Reason: Carpet Cleaning

Repairs: walls, less fair wear and tear and depreciation

Amount: $1,150.00
Awarded to: Landlord
Reason: Repairs: walls, less fair wear and tear and depreciation

Balance of the bond held by the landlord

Amount: $279.89
Awarded to: Tenant
Reason: Balance of the bond held by the landlord

Filing fee reimbursement

Amount: $28.00
Awarded to: Landlord

Claim types — money lines allowed on this order

Carpet Cleaning Filing Fee Cleanliness Property damage

Order

[The tenant/s] and [The tenant/s] must pay Gralin Property Management ( Auckland East) Limited As Agent For Kiet Nhi Trinh & Yunhui Xu $1,468.11 immediately, calculated as shown in table below.

Reasons

Both parties attended the hearing.
The landlord has applied for compensation, and reimbursement of the filing fee following the end of the tenancy.
After accounting for rent arrears, water rates and carpet repair costs agreed by the parties, a sum of $279.89 is presently held by the landlord from the bond that has been refunded to the landlord. $279.89 will used to offset some of the amounts proved below.

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.
Having regard to the photographs submitted, I find that the tenant did not leave the premises reasonably clean and tidy, including the carpet.
I have moderated the amounts ordered in favour of the landlord based on the reasonably clean and reasonably tidy standard that tenants must leave the tenancy rather than a professional standard of cleaning.
Only 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.
The walls were damaged during the tenancy. Some, but not all, of the damage is more than fair wear and tear, and the tenant has not disproved liability for some of the damage.
Only the amounts ordered are proved.
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 Gralin Property Management ( Auckland East) Limited As Agent For Kiet Nhi Trinh & Yunhui Xu has substantially succeeded with the claim, I have reimbursed the filing fee.

Tenancy Tribunal case 5333242 — Property damage at 10 Puweto Avenue, Takanini, Auckland 2112

At a glance

Tenancy Tribunal case 5333242 — Property damage at 10 Puweto Avenue, Takanini, Auckland 2112

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