What was Tenancy Tribunal case 5426452 about?

The tribunal order states: [The tenant/s] must pay Te Ahuru Mowai Limited Partnership $3,828.00

How much money was awarded in case 5426452?

Filing Fee: $28.00 awarded to landlord; Rubbish Removal: $3,200.00 awarded to landlord; Rubbish Removal: $600.00 awarded to landlord

What type of tenancy dispute was case 5426452?

The dispute type was not classified.

Where can I read the official tribunal order for case 5426452?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/13846477-Tenancy_Tribunal_Order.pdf.

What was Tenancy Tribunal case 5426452 about?

The tribunal order states: [The tenant/s] must pay Te Ahuru Mowai Limited Partnership $3,828.00

How much money was awarded in case 5426452?

Filing Fee: $28.00 awarded to landlord; Rubbish Removal: $3,200.00 awarded to landlord; Rubbish Removal: $600.00 awarded to landlord

What type of tenancy dispute was case 5426452?

The dispute type was not classified.

Where can I read the official tribunal order for case 5426452?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/13846477-Tenancy_Tribunal_Order.pdf.

64 Kotuku Street, Elsdon, Porirua 5022 Tenancy Tribunal Case 5426452 — Tenancy dispute

Reasons

Claims and awards in Tenancy Tribunal application 5426452 — net $3,828.00 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rubbish removal from inside the house	$3,200.00	Rubbish removal from inside the house
Section clearing and rubbish removal	$600.00	Section clearing and rubbish removal
Filing fee reimbursement	$28.00	Filing fee reimbursement
Net award	$3,828.00
Total payable by Tenant to Landlord	$3,828.00

The landlord attended the hearing. The tenant was served with an email address used by the tenant during the tenancy.

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

Did the tenant comply with her 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.

There are two claims for removing rubbish. One is for all the rubbish and items left inside the house at the end of the tenancy. I have seen photos taken at the end of the tenancy. I find that the claim for carrying the items from the house to the four tandem trailers and the fees to dispose of the rubbish is reasonable.

The claim for clearing the section and removing the rubbish from outside and under the house is not allowed in full. The landlord has only provided me with two photos and I have estimated a reasonable amount based on these.

Is the tenant responsible for the damage to the premises?

There is a claim for around $4,200 for repairs because of damage to the house. 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 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.

This tenancy started in 2002. The landlord took over the management of the house from Kainga Ora in October 2020. I was not provided with a property condition report from the start of the tenancy. I was provided with a report that showed there was contamination by methamphetamine at the end of the tenancy.

The landlord has claimed the cost of repairing four holes. The landlord has not proved the damage happened during the tenancy. This claim is dismissed.

The landlord has claimed the cost of getting one of the bedrooms ready for painting. This bedroom had a high reading for methamphetamine and the landlord thinks the tenant should pay because she is responsible for people in the house with her permission.

This claim is not allowed for two reasons. There was no baseline test establishing if there was existing contamination in 2002. I find the landlord has not proved the contamination happened during this tenancy and the tenant does not have to pay for the cost of stripping the room. I also have to take betterment and depreciation into account. I find there was no value in the wallpaper after a 20 year tenancy. Repairing this bedroom to a reasonable condition is a landlord maintenance obligation. This claim is dismissed. Other orders

Because the landlord has substantially succeeded with the claim I have reimbursed the filing fee.

The landlord has made an application for suppression. Section 95A RTA provides that the Tribunal may, on the application of any party to proceedings or on its own initiative, order that the name of a party not be published, having regard to the interests of the parties and to the public interest.

The landlord’s name will not be suppressed because there is public interest in the management of social housing. The tenant’s name will be published because there is public interest when tenants owe money at the end of the tenancy.

Claims and awards in Tenancy Tribunal application 5426452 — net $3,828.00 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rubbish removal from inside the house	$3,200.00	Rubbish removal from inside the house
Section clearing and rubbish removal	$600.00	Section clearing and rubbish removal
Filing fee reimbursement	$28.00	Filing fee reimbursement
Net award	$3,828.00
Total payable by Tenant to Landlord	$3,828.00

Order

[The tenant/s] must pay Te Ahuru Mowai Limited Partnership $3,828.00 immediately, calculated as shown in table below.
All other claims are dismissed.

Reasons

The landlord attended the hearing. The tenant was served with an email address used by the tenant during the tenancy.
The landlord has applied for compensation and reimbursement of the filing fee following the end of the tenancy.

Did the tenant comply with her 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.
There are two claims for removing rubbish. One is for all the rubbish and items left inside the house at the end of the tenancy. I have seen photos taken at the end of the tenancy. I find that the claim for carrying the items from the house to the four tandem trailers and the fees to dispose of the rubbish is reasonable.
The claim for clearing the section and removing the rubbish from outside and under the house is not allowed in full. The landlord has only provided me with two photos and I have estimated a reasonable amount based on these.

Is the tenant responsible for the damage to the premises?

There is a claim for around $4,200 for repairs because of damage to the house. 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 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.
This tenancy started in 2002. The landlord took over the management of the house from Kainga Ora in October 2020. I was not provided with a property condition report from the start of the tenancy. I was provided with a report that showed there was contamination by methamphetamine at the end of the tenancy.
The landlord has claimed the cost of repairing four holes. The landlord has not proved the damage happened during the tenancy. This claim is dismissed.
The landlord has claimed the cost of getting one of the bedrooms ready for painting. This bedroom had a high reading for methamphetamine and the landlord thinks the tenant should pay because she is responsible for people in the house with her permission.
This claim is not allowed for two reasons. There was no baseline test establishing if there was existing contamination in 2002. I find the landlord has not proved the contamination happened during this tenancy and the tenant does not have to pay for the cost of stripping the room. I also have to take betterment and depreciation into account. I find there was no value in the wallpaper after a 20 year tenancy. Repairing this bedroom to a reasonable condition is a landlord maintenance obligation. This claim is dismissed. Other orders
Because the landlord has substantially succeeded with the claim I have reimbursed the filing fee.
The landlord has made an application for suppression. Section 95A RTA provides that the Tribunal may, on the application of any party to proceedings or on its own initiative, order that the name of a party not be published, having regard to the interests of the parties and to the public interest.
The landlord’s name will not be suppressed because there is public interest in the management of social housing. The tenant’s name will be published because there is public interest when tenants owe money at the end of the tenancy.

Tenancy Tribunal case 5426452 — Tenancy dispute at 64 Kotuku Street, Elsdon, Porirua 5022

At a glance

Tenancy Tribunal case 5426452 — Tenancy dispute at 64 Kotuku Street, Elsdon, Porirua 5022

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

Property management

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

Property management

Frequently asked questions