How much money was awarded in case 4531396?

Cleaning: $874.00 awarded to landlord; Filing Fee: $20.44 awarded to landlord; Rent Arrears: $161.63 awarded to landlord; Property Damage: $179.68 awarded to landlord; Rubbish Removal: $586.73 awarded to landlord; Water Rates: $43.90 awarded to landlord

What type of tenancy dispute was case 4531396?

The primary dispute was Cleanliness. Related themes: Property damage, Rent arrears.

Where can I read the official tribunal order for case 4531396?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/9224801-Tenancy_Tribunal_Order.pdf.

How much money was awarded in case 4531396?

Cleaning: $874.00 awarded to landlord; Filing Fee: $20.44 awarded to landlord; Rent Arrears: $161.63 awarded to landlord; Property Damage: $179.68 awarded to landlord; Rubbish Removal: $586.73 awarded to landlord; Water Rates: $43.90 awarded to landlord

What type of tenancy dispute was case 4531396?

The primary dispute was Cleanliness. Related themes: Property damage, Rent arrears.

Where can I read the official tribunal order for case 4531396?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/9224801-Tenancy_Tribunal_Order.pdf.

11A Nogat Avenue, Papatoetoe, Auckland 2024 Tenancy Tribunal Case 4531396 — Cleanliness

Q: What was the outcome of Tenancy Tribunal case 4531396?

The tribunal order states: No application for suppression has been made in this case and no suppression

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Order

Claims and awards in Tenancy Tribunal application 4531396 — net $1,866.38 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears	$161.63	Rent arrears
Filing fee reimbursement	$20.44	Filing fee reimbursement
Water rates	$43.90	Water rates
Cleaning	$874.00	Cleaning
Replace furnishings: Replacement curtains- depreciation	$179.68	Replace furnishings: Replacement curtains- depreciation
Rubbish removal	$586.73	Rubbish removal
Net award	$1,866.38
Total payable by Tenant to Landlord	$1,866.38

No application for suppression has been made in this case and no suppression

Robins Tapusoa and Peteri Tapusoa to pay The Rent Shop Limited $1,866.38 from the bond, calculated as shown in table below.

The Bond Centre is to pay the bond of $1,866.38 (5865786-001) to The Rent Shop Limited immediately. The Bond Centre is to pay the bond of $373.62 (5865786-001) to Robins Tapusoa and Peteri Tapusoa immediately.

I am dismissing the landlord’s claim for the ensuite floor replacement.

Reasons

The landlord attended the hearing, the tenants did not attend.

The landlord has claimed for rent arrears, water bill, cleaning costs, curtain replacement, rubbish removal, damage to an ensuite floor and reimbursement of the filing fee. Rent arrears:

The landlord has applied for rent arrears and has provided rent records which prove the amount of $161.63 owing at the end of the tenancy on 22 January 2023.

I am satisfied that the landlord has proven their claim for rent arrears. How much is owed for water rates]?

The tenancy ended on 22 January 2023. The landlord provided water rates invoices which prove the amount of $43.90 owing at the end of the tenancy. The invoice covers the period the tenants were residing at the property.

I am satisfied that the landlord has proven their claim for water bills.

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. The tenant is required to replace worn out smoke alarm batteries during the tenancy. See section 40(1) (ca) Residential Tenancies Act 1986. The tenant must also replace standard light bulbs.

The tenant did not leave the premises reasonably clean and tidy and did not remove all rubbish.

The landlord has provided photographs and a pre let inspection report dated 22 June 2016, which prove the high standard of cleanliness before the start of the tenancy.

The tenants left the property on 22 January 2023 and an exit report and photos were taken on 23 January 2023.

The photos prove that the property was not left in a reasonably clean and tidy condition. Most of the rooms in the house had dust and spiderwebs throughout. Some cupboards were dirty and still containing rubbish. The tenant left rubbish inside and outside of the property. The landlord provided an invoice for $874.00 from Emerald Cleaning dated 26 January 2023 for the cleaning and $586.73 from Green Gorilla dated 12 February 2023 for a rubbish skip bin.

The landlord initially claimed $195.50 for rubbish removal but has not provided an invoice for this. I cannot consider the claim without proof.

I am satisfied that the landlord has proven their claim for the cleaning and rubbish removal costs.

The landlord has claimed for the replacement of the curtains and provided an invoice from RTR dated 8 February 2023 for $1437.50. The landlord has also provided photos of the condition of the curtains at the end of the tenancy. The curtains were mouldy and dirty. I do find that the landlord has been successful in their claim for the replacement of curtains, however the curtains had been in the house since 2016.

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.

I have considered depreciation and find that in general furnishing have a life expectancy of 10 years. The tenant is to pay $179.68 towards the cost of replacement of the curtains.

I am dismissing the landlords claim for the ensuite. The landlord has not proven their claim.

The bond is to be used to pay the cost of the debt owed by the tenant to the landlord. The remainder is to be refunded to the tenant.

Because The Rent Shop Limited has substantially succeeded with the claim I have reimbursed the filing fee.

Order

Claims and awards in Tenancy Tribunal application 4531396 — net $1,866.38 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears	$161.63	Rent arrears
Filing fee reimbursement	$20.44	Filing fee reimbursement
Water rates	$43.90	Water rates
Cleaning	$874.00	Cleaning
Replace furnishings: Replacement curtains- depreciation	$179.68	Replace furnishings: Replacement curtains- depreciation
Rubbish removal	$586.73	Rubbish removal
Net award	$1,866.38
Total payable by Tenant to Landlord	$1,866.38