What was Tenancy Tribunal case 5357601 about?

The tribunal order states: [The tenant/s] and [The tenant/s] must pay Eight Points Limited $747.00

How much money was awarded in case 5357601?

Cleaning: $150.00 awarded to landlord; Filing Fee: $28.00 awarded to landlord; Property Damage: $69.00 awarded to landlord; to walls estimated for laundry area…: $500.00 awarded to landlord

What type of tenancy dispute was case 5357601?

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

Where can I read the official tribunal order for case 5357601?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/12879339-Tenancy_Tribunal_Order.pdf.

What was Tenancy Tribunal case 5357601 about?

The tribunal order states: [The tenant/s] and [The tenant/s] must pay Eight Points Limited $747.00

How much money was awarded in case 5357601?

Cleaning: $150.00 awarded to landlord; Filing Fee: $28.00 awarded to landlord; Property Damage: $69.00 awarded to landlord; to walls estimated for laundry area…: $500.00 awarded to landlord

What type of tenancy dispute was case 5357601?

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

Where can I read the official tribunal order for case 5357601?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/12879339-Tenancy_Tribunal_Order.pdf.

Unit/Flat Unit 104, 1 Enfield Street, Mount Eden, Auckland Tenancy Tribunal Case 5357601 — Property damage

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Unit/Flat Unit 104, 1 Enfield Street, Mount Eden, Auckland Tenancy Tribunal Case 5357601 — 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 5357601 — net $747.00 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Repairs: to walls estimated for laundry area and wardrobe	$500.00	Repairs: to walls estimated for laundry area and wardrobe
Lock/key replacement: Missing fob	$69.00	Lock/key replacement: Missing fob
Cleaning: Fridge and oven	$150.00	Cleaning: Fridge and oven
Filing fee reimbursement	$28.00	Filing fee reimbursement
Net award	$747.00
Total payable by Tenant to Landlord	$747.00

Claims and awards for application 5357601 — net $747.00 NZD. Verify on MoJ.

Repairs: to walls estimated for laundry area and wardrobe

Amount: $500.00
Awarded to: Landlord
Reason: Repairs: to walls estimated for laundry area and wardrobe

Lock/key replacement: Missing fob

Amount: $69.00
Awarded to: Landlord
Reason: Lock/key replacement: Missing fob

Cleaning: Fridge and oven

Amount: $150.00
Awarded to: Landlord
Reason: Cleaning: Fridge and oven

Filing fee reimbursement

Amount: $28.00
Awarded to: Landlord
Reason: Filing fee reimbursement

Net award

Landlord $747.00

Total payable by Tenant to Landlord

Landlord $747.00

Dismissed claims

Other Claims — All other claims dismissed

Claim types — money lines allowed on this order

Cleanliness Filing Fee Property damage

Order

[The tenant/s] and [The tenant/s] must pay Eight Points Limited $747.00 immediately, calculated as shown in table below.
All other claims are dismissed.

Reasons

The landlord attended the hearing. The tenant did not answer the calls I made to the updated phone number.
The landlord has applied for rent arrears, compensation, refund of the bond, and reimbursement of the filing fee following the end of the tenancy.
The rent arrears claim was resolved at mediation and paid from the bond refund.

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

At the end of the tenancy tenants 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).
The tenants did not return the fob. The amount ordered is proved. The landlord has not paid for new keys so this claim is dismissed.
Tenants must return the premises in a reasonably clean and tidy state and remove their rubbish at the end of the tenancy. 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.
The landlord provided photos of the fridge and oven taken after the tenants went back and cleaned. I find the $150 claimed for additional cleaning is reasonable.

Are the tenants responsible for the damage to the premises?

There are claims for repairs and replacing a blind. 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.
There is a claim for $300 for repairing the deck to remove a tool box sized rust mark. It seems the deck was cleaned but the mark remained. I have seen a photo. I am not persuaded I should allow this claim. The mark was outside and the deck could still be used. It seems most likely the mark was fair wear and tear. This claim is dismissed.
The landlord has not proved the blind was damaged during the tenancy. This claim is dismissed.
The landlord has proved some of the walls were damaged during the tenancy. There are not many photos from the start of the tenancy but the landlord has proved there was damage to the laundry area and inside a wardrobe. The damage is more than fair wear and tear, and the tenants have not disproved liability for the damage. The invoice for the work is for painting the whole apartment and is not itemised. Rather than dismiss this claim I have estimated an amount for the repairs. Filing fee
Because the landlord 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 5357601 — net $747.00 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Repairs: to walls estimated for laundry area and wardrobe	$500.00	Repairs: to walls estimated for laundry area and wardrobe
Lock/key replacement: Missing fob	$69.00	Lock/key replacement: Missing fob
Cleaning: Fridge and oven	$150.00	Cleaning: Fridge and oven
Filing fee reimbursement	$28.00	Filing fee reimbursement
Net award	$747.00
Total payable by Tenant to Landlord	$747.00

Claims and awards for application 5357601 — net $747.00 NZD. Verify on MoJ.

Repairs: to walls estimated for laundry area and wardrobe

Amount: $500.00
Awarded to: Landlord
Reason: Repairs: to walls estimated for laundry area and wardrobe

Lock/key replacement: Missing fob

Amount: $69.00
Awarded to: Landlord
Reason: Lock/key replacement: Missing fob

Cleaning: Fridge and oven

Amount: $150.00
Awarded to: Landlord
Reason: Cleaning: Fridge and oven

Filing fee reimbursement

Amount: $28.00
Awarded to: Landlord
Reason: Filing fee reimbursement

Net award

Landlord $747.00

Total payable by Tenant to Landlord

Landlord $747.00

Dismissed claims

Other Claims — All other claims dismissed

Claim types — money lines allowed on this order

Cleanliness Filing Fee Property damage

Order

[The tenant/s] and [The tenant/s] must pay Eight Points Limited $747.00 immediately, calculated as shown in table below.
All other claims are dismissed.

Reasons

The landlord attended the hearing. The tenant did not answer the calls I made to the updated phone number.
The landlord has applied for rent arrears, compensation, refund of the bond, and reimbursement of the filing fee following the end of the tenancy.
The rent arrears claim was resolved at mediation and paid from the bond refund.

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

At the end of the tenancy tenants 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).
The tenants did not return the fob. The amount ordered is proved. The landlord has not paid for new keys so this claim is dismissed.
Tenants must return the premises in a reasonably clean and tidy state and remove their rubbish at the end of the tenancy. 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.
The landlord provided photos of the fridge and oven taken after the tenants went back and cleaned. I find the $150 claimed for additional cleaning is reasonable.

Are the tenants responsible for the damage to the premises?

There are claims for repairs and replacing a blind. 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.
There is a claim for $300 for repairing the deck to remove a tool box sized rust mark. It seems the deck was cleaned but the mark remained. I have seen a photo. I am not persuaded I should allow this claim. The mark was outside and the deck could still be used. It seems most likely the mark was fair wear and tear. This claim is dismissed.
The landlord has not proved the blind was damaged during the tenancy. This claim is dismissed.
The landlord has proved some of the walls were damaged during the tenancy. There are not many photos from the start of the tenancy but the landlord has proved there was damage to the laundry area and inside a wardrobe. The damage is more than fair wear and tear, and the tenants have not disproved liability for the damage. The invoice for the work is for painting the whole apartment and is not itemised. Rather than dismiss this claim I have estimated an amount for the repairs. Filing fee
Because the landlord has substantially succeeded with the claim I have reimbursed the filing fee.

Tenancy Tribunal case 5357601 — Property damage at Unit/Flat Unit 104, 1 Enfield Street, Mount Eden, Auckland

At a glance

Tenancy Tribunal case 5357601 — Property damage at Unit/Flat Unit 104, 1 Enfield Street, Mount Eden, Auckland

At a glance

Award balance

Claims & awards

Dismissed claims

Order

Reasons

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

Are the tenants responsible for the damage to the premises?

Topics & place

Residential Tenancies Act sections

Key findings

Property management

Frequently asked questions

Award balance

Claims & awards

Dismissed claims

Order

Reasons

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

Are the tenants responsible for the damage to the premises?

Topics & place

Residential Tenancies Act sections

Key findings

Property management

Frequently asked questions