What was Tenancy Tribunal case 5424964 about?

The tribunal order states: [The tenant/s] must pay Kāinga Ora–Homes And Communities $792.31

How much money was awarded in case 5424964?

Cleaning: $86.44 awarded to landlord; Cleaning: $50.50 awarded to landlord; Cleaning: $485.04 awarded to landlord; Credit In Tenant'S Account: $362.29 awarded to tenant; Property Damage: $244.39 awarded to landlord; Property Damage: $45.45 awarded to landlord; Property Damage: $45.45 awarded to landlord; Property Damage: $60.98 awarded to landlord; Property Damage: $45.45 awarded to landlord; Property Damage: $45.45 awarded to landlord; Property Damage: $45.45 awarded to landlord

What type of tenancy dispute was case 5424964?

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

Where can I read the official tribunal order for case 5424964?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/13425808-Tenancy_Tribunal_Order.pdf.

What was Tenancy Tribunal case 5424964 about?

The tribunal order states: [The tenant/s] must pay Kāinga Ora–Homes And Communities $792.31

How much money was awarded in case 5424964?

Cleaning: $86.44 awarded to landlord; Cleaning: $50.50 awarded to landlord; Cleaning: $485.04 awarded to landlord; Credit In Tenant'S Account: $362.29 awarded to tenant; Property Damage: $244.39 awarded to landlord; Property Damage: $45.45 awarded to landlord; Property Damage: $45.45 awarded to landlord; Property Damage: $60.98 awarded to landlord; Property Damage: $45.45 awarded to landlord; Property Damage: $45.45 awarded to landlord; Property Damage: $45.45 awarded to landlord

What type of tenancy dispute was case 5424964?

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

Where can I read the official tribunal order for case 5424964?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/13425808-Tenancy_Tribunal_Order.pdf.

28A McLeavey Drive, Kelvin Grove, Palmerston North 4414 Tenancy Tribunal Case 5424964 — Cleanliness

Tenantcheck Insights

28A McLeavey Drive, Kelvin Grove, Palmerston North 4414 Tenancy Tribunal Case 5424964 — Cleanliness | 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 5424964 — net $792.31 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Tenant	Reason
Cleaning: rangehood	$50.50		Cleaning: rangehood
Cleaning: inside oven	$86.44		Cleaning: inside oven
Replacement door bedroom 1	$244.39		Replacement door bedroom 1
Repair wall hole bedroom 1	$45.45		Repair wall hole bedroom 1
Cleaning: whole house	$485.04		Cleaning: whole house
Repair hole toilet wall	$45.45		Repair hole toilet wall
Repair toilet door (as shown on scope document	$60.98		Repair toilet door (as shown on scope document
Repair hole lounge wall	$45.45		Repair hole lounge wall
Repair hole garage wall	$45.45		Repair hole garage wall
Repair hole laundry wall	$45.45		Repair hole laundry wall
Credit in tenant's account		$362.29	Credit in tenant's account
Total award	$1,154.60	$362.29
Net award	$792.31
Total payable by Tenant to Landlord	$792.31

Claims and awards for application 5424964 — net $792.31 NZD. Verify on MoJ.

Cleaning: rangehood

Amount: $50.50
Awarded to: Landlord
Reason: Cleaning: rangehood

Cleaning: inside oven

Amount: $86.44
Awarded to: Landlord
Reason: Cleaning: inside oven

Replacement door bedroom 1

Amount: $244.39
Awarded to: Landlord
Reason: Replacement door bedroom 1

Repair wall hole bedroom 1

Amount: $45.45
Awarded to: Landlord
Reason: Repair wall hole bedroom 1

Cleaning: whole house

Amount: $485.04
Awarded to: Landlord
Reason: Cleaning: whole house

Claim types — money lines allowed on this order

Cleanliness Property damage

Order

[The tenant/s] must pay Kāinga Ora–Homes And Communities $792.31 immediately, calculated as shown in table below.

Reasons

The landlord attended the hearing. The tenant did not answer the call I made to his phone.
The landlord has applied for compensation following the end of the tenancy. Some of the landlord’s claims were withdrawn at the hearing.
There was a credit in the tenant’s rent account at the end of the tenancy and the tenant has been making payments of $10 each week. This money is shown as a credit in the table.

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

Tenants must return the premises in a reasonably clean and tidy state and remove their rubbish at the end of the tenancy. See section 40(1)(c) and (e)(iii) Residential Tenancies Act (RTA).
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.
This is the landlord’s claim to prove. The landlord provided me with good photos taken at the end of the tenancy. I can see the house was not left reasonably clean and tidy. The amounts ordered seem reasonable to me.

Is the tenant responsible for the damage to the premises?

There are claims for repairs. 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 landlord has proved there was damage to walls and doors during the tenancy. The damage is more than fair wear and tear, and the tenant has not disproved liability for the damage. The amounts ordered are proved. I note the only change I have made to the claim is a reduced amount for repairing the toilet door. I have allowed the amount showing on the vacated scope.

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 5424964 — net $792.31 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Tenant	Reason
Cleaning: rangehood	$50.50		Cleaning: rangehood
Cleaning: inside oven	$86.44		Cleaning: inside oven
Replacement door bedroom 1	$244.39		Replacement door bedroom 1
Repair wall hole bedroom 1	$45.45		Repair wall hole bedroom 1
Cleaning: whole house	$485.04		Cleaning: whole house
Repair hole toilet wall	$45.45		Repair hole toilet wall
Repair toilet door (as shown on scope document	$60.98		Repair toilet door (as shown on scope document
Repair hole lounge wall	$45.45		Repair hole lounge wall
Repair hole garage wall	$45.45		Repair hole garage wall
Repair hole laundry wall	$45.45		Repair hole laundry wall
Credit in tenant's account		$362.29	Credit in tenant's account
Total award	$1,154.60	$362.29
Net award	$792.31
Total payable by Tenant to Landlord	$792.31

Claims and awards for application 5424964 — net $792.31 NZD. Verify on MoJ.

Cleaning: rangehood

Amount: $50.50
Awarded to: Landlord
Reason: Cleaning: rangehood

Cleaning: inside oven

Amount: $86.44
Awarded to: Landlord
Reason: Cleaning: inside oven

Replacement door bedroom 1

Amount: $244.39
Awarded to: Landlord
Reason: Replacement door bedroom 1

Repair wall hole bedroom 1

Amount: $45.45
Awarded to: Landlord
Reason: Repair wall hole bedroom 1

Cleaning: whole house

Amount: $485.04
Awarded to: Landlord
Reason: Cleaning: whole house

Claim types — money lines allowed on this order

Cleanliness Property damage

Order

[The tenant/s] must pay Kāinga Ora–Homes And Communities $792.31 immediately, calculated as shown in table below.

Reasons

The landlord attended the hearing. The tenant did not answer the call I made to his phone.
The landlord has applied for compensation following the end of the tenancy. Some of the landlord’s claims were withdrawn at the hearing.
There was a credit in the tenant’s rent account at the end of the tenancy and the tenant has been making payments of $10 each week. This money is shown as a credit in the table.

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

Tenants must return the premises in a reasonably clean and tidy state and remove their rubbish at the end of the tenancy. See section 40(1)(c) and (e)(iii) Residential Tenancies Act (RTA).
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.
This is the landlord’s claim to prove. The landlord provided me with good photos taken at the end of the tenancy. I can see the house was not left reasonably clean and tidy. The amounts ordered seem reasonable to me.

Is the tenant responsible for the damage to the premises?

There are claims for repairs. 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 landlord has proved there was damage to walls and doors during the tenancy. The damage is more than fair wear and tear, and the tenant has not disproved liability for the damage. The amounts ordered are proved. I note the only change I have made to the claim is a reduced amount for repairing the toilet door. I have allowed the amount showing on the vacated scope.

Tenancy Tribunal case 5424964 — Cleanliness at 28A McLeavey Drive, Kelvin Grove, Palmerston North 4414

At a glance

Tenancy Tribunal case 5424964 — Cleanliness at 28A McLeavey Drive, Kelvin Grove, Palmerston North 4414

At a glance

Award balance

Claims & awards

Order

Reasons

Did the tenant comply with his 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 his 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