How much money was awarded in case 4578771?

Smoke Alarms: $197.58 awarded to landlord

What type of tenancy dispute was case 4578771?

The primary dispute was Smoke alarms.

Where can I read the official tribunal order for case 4578771?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/9335610-Tenancy_Tribunal_Order.pdf.

How much money was awarded in case 4578771?

Smoke Alarms: $197.58 awarded to landlord

What type of tenancy dispute was case 4578771?

The primary dispute was Smoke alarms.

Where can I read the official tribunal order for case 4578771?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/9335610-Tenancy_Tribunal_Order.pdf.

33 Wales Street, Roslyn, Dunedin 9010 Tenancy Tribunal Case 4578771 — Smoke alarms

Q: What was the outcome of Tenancy Tribunal case 4578771?

The tribunal order states: An application for suppression has been made in this case, but the Tribunal

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Order

Claims and awards in Tenancy Tribunal application 4578771 — net $197.58 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Replacement smoke alarm and removal garden waste	$197.58	Replacement smoke alarm and removal garden waste
Net award	$197.58
Bond	$1,140.00
Total payable by Tenant to Landlord	$197.58

An application for suppression has been made in this case, but the Tribunal declines to order suppression.

Vaishnaavi Gnanasampanthan to pay Liza Ann Bishop $197.58 from the bond, calculated as shown in table below.

The Bond Centre is to pay the bond of $1,140.00 (4024543-019) immediately apportioned as follows: Liza Ann Bishop: $197.58 Vaishnaavi Gnanasampanthan: $942.42

Reasons

Both parties attended the hearing.

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

The tenancy was for a fixed term from 14/8/2021 to 31/3/2023 at $380.00 rent per week.

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 landlord claimed compensation of $463.20 as follows: a. $281.75 estimate for removal of green waste b. $47.58 for replacement of a smoke alarm c. $12.59 for replacement of a door stop d. $6.28 replacement bath plug e. $115.00 estimate for cleaning

In support of the claim the landlord provided photographs taken on 1/4/2023, a receipt and estimates of costs.

On the other hand, the tenant disputed that the premises were not left reasonably clean and reasonably tidy.

The tenant provided a copy of the property inspection report of 13/1/2023, a letter in support from the property manager and emails about the lawn and garden.

Further the tenant agreed that she had taken down the smoke alarms to replace the batteries but due to the ceiling height was unable to put the smoke alarms back up.

I am persuaded by the evidence that the tenant did leave the premises reasonably clean and tidy and did remove all rubbish, except for garden waste.

The claim for replacement of the door stop and bath plug fails as I consider these normal wear and tear costs associated with the business of renting premises.

The claim for cleaning also fails.

However, an award has been made for the new smoke alarm purchased by the landlord and a contribution towards removal of the garden waste.

No filing fee is awarded because the landlord was only partly successful with the claim.

Suppression is not granted under section 95A because the landlord only succeeded in part of the claim.

Order

Claims and awards in Tenancy Tribunal application 4578771 — net $197.58 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Replacement smoke alarm and removal garden waste	$197.58	Replacement smoke alarm and removal garden waste
Net award	$197.58
Bond	$1,140.00
Total payable by Tenant to Landlord	$197.58