What was Tenancy Tribunal case 5466529 about?

The tribunal order states: [The tenant/s] tenant/s] must pay Property Brokers Limited As Agent For Phillip

How much money was awarded in case 5466529?

Cleaning: $875.00 awarded to landlord; Filing Fee: $28.00 awarded to landlord; Property Damage: $182.56 awarded to landlord; Pest Control: $649.07 awarded to landlord; Property Damage: $746.66 awarded to landlord; Rent Arrears: $384.49 awarded to tenant; Rubbish Removal: $4,325.15 awarded to landlord; Property Damage: $176.53 awarded to landlord

What type of tenancy dispute was case 5466529?

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

Where can I read the official tribunal order for case 5466529?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/14018821-Tenancy_Tribunal_Order.pdf.

What was Tenancy Tribunal case 5466529 about?

The tribunal order states: [The tenant/s] tenant/s] must pay Property Brokers Limited As Agent For Phillip

How much money was awarded in case 5466529?

Cleaning: $875.00 awarded to landlord; Filing Fee: $28.00 awarded to landlord; Property Damage: $182.56 awarded to landlord; Pest Control: $649.07 awarded to landlord; Property Damage: $746.66 awarded to landlord; Rent Arrears: $384.49 awarded to tenant; Rubbish Removal: $4,325.15 awarded to landlord; Property Damage: $176.53 awarded to landlord

What type of tenancy dispute was case 5466529?

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

Where can I read the official tribunal order for case 5466529?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/14018821-Tenancy_Tribunal_Order.pdf.

Unit/Flat 3, 36A Billah Street, Tokoroa, Tokoroa 3420 Tenancy Tribunal Case 5466529 — Property damage

Tenantcheck Insights

Unit/Flat 3, 36A Billah Street, Tokoroa, Tokoroa 3420 Tenancy Tribunal Case 5466529 — 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 5466529 — net $6,598.48 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Tenant	Reason
Replacement toilet	$746.66		Replacement toilet
Lock/key replacement: back door only	$182.56		Lock/key replacement: back door only
Pest control: 2 x cockroach treatments	$649.07		Pest control: 2 x cockroach treatments
Rubbish removal: 14 x tandem trailer loads to the dump and labour	$4,325.15		Rubbish removal: 14 x tandem trailer loads to the dump and labour
Window repairs: lounge window	$176.53		Window repairs: lounge window
Cleaning	$875.00		Cleaning
Filing fee reimbursement	$28.00		Filing fee reimbursement
Amount of bond left after paying the rent arrears		$384.49	Amount of bond left after paying the rent arrears
Total award	$6,982.97	$384.49
Net award	$6,598.48
Total payable by Tenant to Landlord	$6,598.48

Claims and awards for application 5466529 — net $6,598.48 NZD. Verify on MoJ.

Replacement toilet

Amount: $746.66
Awarded to: Landlord
Reason: Replacement toilet

Lock/key replacement: back door only

Amount: $182.56
Awarded to: Landlord
Reason: Lock/key replacement: back door only

Pest control: 2 x cockroach treatments

Amount: $649.07
Awarded to: Landlord
Reason: Pest control: 2 x cockroach treatments

Rubbish removal: 14 x tandem trailer loads to the dump and labour

Amount: $4,325.15
Awarded to: Landlord
Reason: Rubbish removal: 14 x tandem trailer loads to the dump and labour

Window repairs: lounge window

Amount: $176.53
Awarded to: Landlord
Reason

Dismissed claims

Other Claims — All other claims dismissed

Claim types — money lines allowed on this order

Cleanliness Filing Fee Property damage Pest Control Rent arrears Rubbish Removal

Order

[The tenant/s] tenant/s] must pay Property Brokers Limited As Agent For Phillip Westwood $6,598.48 immediately, calculated as shown in table below.
All other claims are dismissed.

Reasons

The landlord attended the hearing. I called both phone numbers I had for the tenant and there was no answer.
I have made orders against one tenant because only one tenant signed the tenancy agreement.
The landlord has applied for compensation and reimbursement of the filing fee following the end of the tenancy.
The bond has been refunded to the landlord and used to pay the rent owing at the end of the tenancy. The balance has been used to reduce the amount ordered after today’s hearing.

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, remove their rubbish and return all the keys 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.
The landlord provided me with good photos taken at the end of the tenancy. I can see the house was not left in a reasonably clean and tidy condition. The house needed to be treated twice to eliminate cockroaches. Significant cleaning was required. I have reduced the claim for cleaning because I find cleaning the ceilings between tenancies to be a landlord maintenance job, even with the cockroaches.
Rubbish and old furniture were left inside the house, inside the garage, and around the section. I find the amount claimed is reasonable.
The tenant did not return the back door key. The amount ordered is proved.

Is the tenant responsible for the damage to the premises?

There are claims for damage. 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 replacing the toilet because of a crack around the base that could not be repaired. The landlord has proved the damage was caused during the tenancy. I find the damage was more than fair wear and tear, and the tenant has not disproved liability for the damage. The amounts ordered are proved.
There is a claim for repairing a broken window. It seems most likely to me the window was broken during the tenancy. I find the damage was more than fair wear and tear and I have not heard from the tenant. The claim is proved and allowed.
There is a claim for repairing the back door handle. I have considered the photos and it seems most likely to me the damage was fair wear and tear. This claim is dismissed.
There is a claim for removing the carpet and lino and for replacing these. It makes sense to me that this was required to effectively treat the cockroaches. However, when deciding compensation the landlord should be returned to the position they would have been in had the tenant not breached her obligations, and should not be better or worse off. Given the age of the carpet and lino it seems most likely to me that these were due for replacement anyway. This means I cannot make an order the tenant pays because she would be paying for an improvement. 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 5466529 — net $6,598.48 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Tenant	Reason
Replacement toilet	$746.66		Replacement toilet
Lock/key replacement: back door only	$182.56		Lock/key replacement: back door only
Pest control: 2 x cockroach treatments	$649.07		Pest control: 2 x cockroach treatments
Rubbish removal: 14 x tandem trailer loads to the dump and labour	$4,325.15		Rubbish removal: 14 x tandem trailer loads to the dump and labour
Window repairs: lounge window	$176.53		Window repairs: lounge window
Cleaning	$875.00		Cleaning
Filing fee reimbursement	$28.00		Filing fee reimbursement
Amount of bond left after paying the rent arrears		$384.49	Amount of bond left after paying the rent arrears
Total award	$6,982.97	$384.49
Net award	$6,598.48
Total payable by Tenant to Landlord	$6,598.48

Claims and awards for application 5466529 — net $6,598.48 NZD. Verify on MoJ.

Replacement toilet

Amount: $746.66
Awarded to: Landlord
Reason: Replacement toilet

Lock/key replacement: back door only

Amount: $182.56
Awarded to: Landlord
Reason: Lock/key replacement: back door only

Pest control: 2 x cockroach treatments

Amount: $649.07
Awarded to: Landlord
Reason: Pest control: 2 x cockroach treatments

Rubbish removal: 14 x tandem trailer loads to the dump and labour

Amount: $4,325.15
Awarded to: Landlord
Reason: Rubbish removal: 14 x tandem trailer loads to the dump and labour

Window repairs: lounge window

Amount: $176.53
Awarded to: Landlord
Reason

Dismissed claims

Other Claims — All other claims dismissed

Claim types — money lines allowed on this order

Cleanliness Filing Fee Property damage Pest Control Rent arrears Rubbish Removal

Order

[The tenant/s] tenant/s] must pay Property Brokers Limited As Agent For Phillip Westwood $6,598.48 immediately, calculated as shown in table below.
All other claims are dismissed.

Reasons

The landlord attended the hearing. I called both phone numbers I had for the tenant and there was no answer.
I have made orders against one tenant because only one tenant signed the tenancy agreement.
The landlord has applied for compensation and reimbursement of the filing fee following the end of the tenancy.
The bond has been refunded to the landlord and used to pay the rent owing at the end of the tenancy. The balance has been used to reduce the amount ordered after today’s hearing.

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, remove their rubbish and return all the keys 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.
The landlord provided me with good photos taken at the end of the tenancy. I can see the house was not left in a reasonably clean and tidy condition. The house needed to be treated twice to eliminate cockroaches. Significant cleaning was required. I have reduced the claim for cleaning because I find cleaning the ceilings between tenancies to be a landlord maintenance job, even with the cockroaches.
Rubbish and old furniture were left inside the house, inside the garage, and around the section. I find the amount claimed is reasonable.
The tenant did not return the back door key. The amount ordered is proved.

Is the tenant responsible for the damage to the premises?

There are claims for damage. 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 replacing the toilet because of a crack around the base that could not be repaired. The landlord has proved the damage was caused during the tenancy. I find the damage was more than fair wear and tear, and the tenant has not disproved liability for the damage. The amounts ordered are proved.
There is a claim for repairing a broken window. It seems most likely to me the window was broken during the tenancy. I find the damage was more than fair wear and tear and I have not heard from the tenant. The claim is proved and allowed.
There is a claim for repairing the back door handle. I have considered the photos and it seems most likely to me the damage was fair wear and tear. This claim is dismissed.
There is a claim for removing the carpet and lino and for replacing these. It makes sense to me that this was required to effectively treat the cockroaches. However, when deciding compensation the landlord should be returned to the position they would have been in had the tenant not breached her obligations, and should not be better or worse off. Given the age of the carpet and lino it seems most likely to me that these were due for replacement anyway. This means I cannot make an order the tenant pays because she would be paying for an improvement. Filing fee
Because the landlord has substantially succeeded with the claim I have reimbursed the filing fee.

Tenancy Tribunal case 5466529 — Property damage at Unit/Flat 3, 36A Billah Street, Tokoroa, Tokoroa 3420

At a glance

Tenancy Tribunal case 5466529 — Property damage at Unit/Flat 3, 36A Billah Street, Tokoroa, Tokoroa 3420

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

Reduce avoidable tribunal risk with proper tenant checks.

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

Reduce avoidable tribunal risk with proper tenant checks.