How much money was awarded in case 4543471?

Cleaning: $150.00 awarded to landlord; Filing Fee: $20.44 awarded to landlord; Remove Tyres: $70.00 awarded to landlord; plaster and repaint walls/window fra…: $771.65 awarded to landlord; Replace furnishings: Replace blinds…: $287.50 awarded to landlord

What type of tenancy dispute was case 4543471?

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

Where can I read the official tribunal order for case 4543471?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/9301109-Tenancy_Tribunal_Order.pdf.

How much money was awarded in case 4543471?

Cleaning: $150.00 awarded to landlord; Filing Fee: $20.44 awarded to landlord; Remove Tyres: $70.00 awarded to landlord; plaster and repaint walls/window fra…: $771.65 awarded to landlord; Replace furnishings: Replace blinds…: $287.50 awarded to landlord

What type of tenancy dispute was case 4543471?

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

Where can I read the official tribunal order for case 4543471?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/9301109-Tenancy_Tribunal_Order.pdf.

1 Tiari Place, Mangere East, Auckland 2024 Tenancy Tribunal Case 4543471 — Property damage

Q: What was the outcome of Tenancy Tribunal case 4543471?

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

Order

Claims and awards in Tenancy Tribunal application 4543471 — net $1,299.59 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Carpet Cleaning	$150.00	Carpet Cleaning
Repairs: plaster and repaint walls/window frame and replace shower door rollers	$771.65	Repairs: plaster and repaint walls/window frame and replace shower door rollers
Replace furnishings: Replace blinds missing	$287.50	Replace furnishings: Replace blinds missing
Remove tyres	$70.00	Remove tyres
Filing fee reimbursement	$20.44	Filing fee reimbursement
Net award	$1,299.59
Total payable by Tenant to Landlord	$1,299.59

No application for suppression has been made in this case and no suppression orders apply around publication of this decision.

Loralee Levi must pay Barfoot & Thompson Limited As Agent For Sohail Salman Mohammed & Ban Sedqi Khalil Naddaf $1,299.59 immediately, calculated as shown in table below. DescriptionLandlord Carpet Cleaning$150.00 Repairs: plaster and repaint walls/window frame and replace shower door rollers $771.65 Replace furnishings: Replace blinds missing$287.50 Remove tyres$70.00 Filing fee reimbursement$20.44 Total award$1,299.59 Total payable by Tenant to Landlord$1,299.59

Reasons

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

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

The tenancy ended on 26 January 2023. There has been a previous order number 4455066 dated 1 February 2023 where the tenant was ordered to pay $848.54 in rent arrears and filing fee. The debt was paid from the bond.

In my earlier order I asked that the remaining bond of $1351.46 be retained at the bond centre until the final vacated invoices were paid. If the remaining bond is still at the bond centre, then the debt is to be deducted from the bond. Otherwise, if the tenant has received the bond back then the tenant must pay this debt directly to the landlord.

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 landlord says that the tenant did not leave the premises reasonably clean and tidy and did not remove all rubbish.

The landlord has provided photographs of the property at the end of the tenancy and invoices for the following repairs and clean up: -Repairs to plaster and paint walls and frames and replacing the shower rollers from Masta Handyman Ltd dated 22 February 2023 for $771.65 -Wash N Clean dated 27 January 2023 for cleaning, carpet cleaning and rubbish removal for $609.50 -Removal of tyres $70.00 -Replacement blinds $287.50

The landlord provided photos of the stained dirty carpet, damage to the paint work on the walls, doors and window frame, missing rollers on the shower door and the tyres left in the garden.

I am satisfied that the landlord has proven their claim for the tyre removal, and repairs to the walls and carpet cleaning.

The landlord provided photos of the window with the missing blinds in the bedroom. The property had been renovated at the start of the tenancy. The blinds were new. At the end of the tenancy the blinds in a bedroom were missing.

I am satisfied that the landlord has proven their claim for the missing blinds.

The landlord sought to claim for the cost of rubbish removal and cleaning. However, the landlord has not provided proof of the dirty house and rubbish left at the property. I gave the landlord a chance to provide photographs to support their claim. The landlord has not provided this information and therefore I cannot order cleaning costs and rubbish removal and I dismiss these claims.

I am not satisfied that the landlord has proven their claim for rubbish removal and cleaning costs.

As the landlords has been largely successful, I must reimburse the filing fee.

Claims and awards in Tenancy Tribunal application 4543471 — net $1,299.59 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Carpet Cleaning	$150.00	Carpet Cleaning
Repairs: plaster and repaint walls/window frame and replace shower door rollers	$771.65	Repairs: plaster and repaint walls/window frame and replace shower door rollers
Replace furnishings: Replace blinds missing	$287.50	Replace furnishings: Replace blinds missing
Remove tyres	$70.00	Remove tyres
Filing fee reimbursement	$20.44	Filing fee reimbursement
Net award	$1,299.59
Total payable by Tenant to Landlord	$1,299.59

Order

No application for suppression has been made in this case and no suppression orders apply around publication of this decision.
Loralee Levi must pay Barfoot & Thompson Limited As Agent For Sohail Salman Mohammed & Ban Sedqi Khalil Naddaf $1,299.59 immediately, calculated as shown in table below. DescriptionLandlord Carpet Cleaning$150.00 Repairs: plaster and repaint walls/window frame and replace shower door rollers $771.65 Replace furnishings: Replace blinds missing$287.50 Remove tyres$70.00 Filing fee reimbursement$20.44 Total award$1,299.59 Total payable by Tenant to Landlord$1,299.59

Reasons

The landlord attended the hearing, the tenant did not attend.
The landlord has applied for compensation and reimbursement of the filing fee following the end of the tenancy.
The tenancy ended on 26 January 2023. There has been a previous order number 4455066 dated 1 February 2023 where the tenant was ordered to pay $848.54 in rent arrears and filing fee. The debt was paid from the bond.
In my earlier order I asked that the remaining bond of $1351.46 be retained at the bond centre until the final vacated invoices were paid. If the remaining bond is still at the bond centre, then the debt is to be deducted from the bond. Otherwise, if the tenant has received the bond back then the tenant must pay this debt directly to the landlord.

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 landlord says that the tenant did not leave the premises reasonably clean and tidy and did not remove all rubbish.
The landlord has provided photographs of the property at the end of the tenancy and invoices for the following repairs and clean up: -Repairs to plaster and paint walls and frames and replacing the shower rollers from Masta Handyman Ltd dated 22 February 2023 for $771.65 -Wash N Clean dated 27 January 2023 for cleaning, carpet cleaning and rubbish removal for $609.50 -Removal of tyres $70.00 -Replacement blinds $287.50
The landlord provided photos of the stained dirty carpet, damage to the paint work on the walls, doors and window frame, missing rollers on the shower door and the tyres left in the garden.
I am satisfied that the landlord has proven their claim for the tyre removal, and repairs to the walls and carpet cleaning.
The landlord provided photos of the window with the missing blinds in the bedroom. The property had been renovated at the start of the tenancy. The blinds were new. At the end of the tenancy the blinds in a bedroom were missing.
I am satisfied that the landlord has proven their claim for the missing blinds.
The landlord sought to claim for the cost of rubbish removal and cleaning. However, the landlord has not provided proof of the dirty house and rubbish left at the property. I gave the landlord a chance to provide photographs to support their claim. The landlord has not provided this information and therefore I cannot order cleaning costs and rubbish removal and I dismiss these claims.
I am not satisfied that the landlord has proven their claim for rubbish removal and cleaning costs.
As the landlords has been largely successful, I must reimburse the filing fee.

Tenancy Tribunal case 4543471 — Property damage at 1 Tiari Place, Mangere East, Auckland 2024

At a glance

Tenancy Tribunal case 4543471 — Property damage at 1 Tiari Place, Mangere East, Auckland 2024

At a glance

Award balance

Claims & awards

Order

Reasons

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

Topics & place

Residential Tenancies Act sections

Key findings

Property management

Frequently asked questions

Award balance

Claims & awards

Order

Reasons

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

Topics & place

Residential Tenancies Act sections

Key findings

Property management

Frequently asked questions