How much money was awarded in case 4593670?

Cleaning: $73.09 awarded to landlord; Cleaning: $680.00 awarded to landlord; Compensation: $2,080.00 awarded to landlord; Filing Fee: $20.44 awarded to landlord; Lawns and Garden Work: $75.00 awarded to landlord; Previous Order Application 4593670 D…: $4,440.44 awarded to landlord; Removal And Storage Of Tenant'S Good…: $185.00 awarded to landlord; Rubbish Removal: $308.50 awarded to landlord

What type of tenancy dispute was case 4593670?

The primary dispute was Cleanliness.

Where can I read the official tribunal order for case 4593670?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/9439014-Tenancy_Tribunal_Order.pdf.

How much money was awarded in case 4593670?

Cleaning: $73.09 awarded to landlord; Cleaning: $680.00 awarded to landlord; Compensation: $2,080.00 awarded to landlord; Filing Fee: $20.44 awarded to landlord; Lawns and Garden Work: $75.00 awarded to landlord; Previous Order Application 4593670 D…: $4,440.44 awarded to landlord; Removal And Storage Of Tenant'S Good…: $185.00 awarded to landlord; Rubbish Removal: $308.50 awarded to landlord

What type of tenancy dispute was case 4593670?

The primary dispute was Cleanliness.

Where can I read the official tribunal order for case 4593670?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/9439014-Tenancy_Tribunal_Order.pdf.

29B Avenue Road, Foxton, Foxton 4814 Tenancy Tribunal Case 4593670 — Cleanliness

Q: What was the outcome of Tenancy Tribunal case 4593670?

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 4593670 — net $7,862.47 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent compensation	$2,080.00	Rent compensation
Previous order application 4593670 dated 25/07/2023	$4,440.44	Previous order application 4593670 dated 25/07/2023
Cleaning: including repairs and lock replacement	$680.00	Cleaning: including repairs and lock replacement
Rubbish removal	$308.50	Rubbish removal
Carpet Cleaning	$73.09	Carpet Cleaning
Removal and storage of tenant's goods	$185.00	Removal and storage of tenant's goods
Lawns and Garden work	$75.00	Lawns and Garden work
Filing fee reimbursement	$20.44	Filing fee reimbursement
Net award	$7,862.47
Total payable by Tenant to Landlord	$7,862.47

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

Tekoa Trust As Agent For Calalea Trust must take any of the tenant’s personal documents that have been left at the premises to the nearest Police station and obtain a receipt for them.

The landlord may dispose of the other goods left at the premises by the tenant as the landlord sees fit.

Harry Toho must pay Tekoa Trust As Agent For Calalea Trust $7,862.47 immediately, calculated as shown in the table below. DescriptionLandlord Rent compensation$2,080.00 Previous order application 4593670 dated 25/07/2023 $4,440.44 Cleaning: including repairs and lock replacement$680.00 Rubbish removal$308.50 Carpet Cleaning$73.09 Removal and storage of tenant's goods$185.00 Lawns and Garden work$75.00 Carpet Cleaning$0.00 Filing fee reimbursement$20.44 Total award$7,862.47 Total payable by Tenant to Landlord$7,862.47

Reasons

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

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

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 landlord provided photographic evidence that the tenant did not leave the premises reasonably clean and tidy and did not remove all rubbish. It appeared as if the tenant took what he wanted, left everything else behind and made no attempt to clean the property.

The tenant did not return the keys.

The amounts ordered are proved.

Is the tenant responsible for the damage to the premises?

A 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.

Where the damage is caused carelessly, and is covered by the landlord's insurance, the tenant's liability is limited to the lesser of the insurance excess or four weeks' rent (or four weeks' market rent in the case of a tenant paying income-related rent). See section 49B(3)(a) RTA.

Where the damage is careless and is not covered by the landlord's insurance, the tenant's liability is limited to four weeks' rent (or market rent). See section 49B(3)(b) RTA. Where insurance money is irrecoverable because of the tenant's conduct, the property is treated as if it is not insured against the damage. See section 49B(3A)(a) RTA.

Tenants are liable for the cost of repairing damage that is intentional or which results from any activity at the premises that is an imprisonable offence. This applies to anything the tenant does and anything done by a person they are responsible for. See section 49B(1) RTA.

Damage is intentional where a person intends to cause damage and takes the necessary steps to achieve that purpose. Damage is also intentional where a person does something, or allows a situation to continue, knowing that damage is a certainty. See Guo v Korck [2019] NZHC 1541.

The following damage was caused during the tenancy: holes in walls, broken light switch and light shade. The damage is more than fair wear and tear and the tenant has not disproved liability for the damage.

The amounts ordered are proved.

The landlord provided evidence that he was unable to rent out the property for five weeks from the date the tenancy was terminated. He claimed five weeks’ rent and the costs of advertising for new tenants. The landlord has persuaded the Tribunal that because of the need to clean and repair the property due to the tenant’s breaches of the RTA, he is entitled to compensation for lost rent.

As discussed at the hearing, it is to be anticipated that in the usual course of the landlord’s business that the property may be vacant for a week between tenancies. It is appropriate to award the landlord an amount equivalent to four weeks of lost rent.

The landlord claimed for the costs of advertising for a new tenant. This is a cost that is incidental to the business of the landlord in running the landlord’s business as a provider of residential accommodation and would have been incurred however the tenancy ended. The landlord’s claim for reimbursement is dismissed.

The landlord has applied for the disposal of goods the tenant left at the premises at the end of the tenancy.

The landlord is unable to agree with the tenant on a period for the tenant to collect the goods.

It is not practicable for the landlord to the return the goods to the tenant. The value of the goods is below the cost of storing, transporting and selling them. Therefore the landlord may dispose of the goods. See sections 62(3)(b), 62B(2) and (3) Residential Tenancies Act 1986.

As the landlord has been largely successful in his application, it is appropriate to reimburse him for the filing fee.

Claims and awards in Tenancy Tribunal application 4593670 — net $7,862.47 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent compensation	$2,080.00	Rent compensation
Previous order application 4593670 dated 25/07/2023	$4,440.44	Previous order application 4593670 dated 25/07/2023
Cleaning: including repairs and lock replacement	$680.00	Cleaning: including repairs and lock replacement
Rubbish removal	$308.50	Rubbish removal
Carpet Cleaning	$73.09	Carpet Cleaning
Removal and storage of tenant's goods	$185.00	Removal and storage of tenant's goods
Lawns and Garden work	$75.00	Lawns and Garden work
Filing fee reimbursement	$20.44	Filing fee reimbursement
Net award	$7,862.47
Total payable by Tenant to Landlord	$7,862.47

Order

No application for suppression has been made in this case and no suppression orders apply around publication of this decision.
Tekoa Trust As Agent For Calalea Trust must take any of the tenant’s personal documents that have been left at the premises to the nearest Police station and obtain a receipt for them.
The landlord may dispose of the other goods left at the premises by the tenant as the landlord sees fit.
Harry Toho must pay Tekoa Trust As Agent For Calalea Trust $7,862.47 immediately, calculated as shown in the table below. DescriptionLandlord Rent compensation$2,080.00 Previous order application 4593670 dated 25/07/2023 $4,440.44 Cleaning: including repairs and lock replacement$680.00 Rubbish removal$308.50 Carpet Cleaning$73.09 Removal and storage of tenant's goods$185.00 Lawns and Garden work$75.00 Carpet Cleaning$0.00 Filing fee reimbursement$20.44 Total award$7,862.47 Total payable by Tenant to Landlord$7,862.47

Reasons

The landlord attended the hearing. The tenant did not attend the hearing.
The landlord has applied for compensation and reimbursement of the filing fee following the end of the tenancy.

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 landlord provided photographic evidence that the tenant did not leave the premises reasonably clean and tidy and did not remove all rubbish. It appeared as if the tenant took what he wanted, left everything else behind and made no attempt to clean the property.
The tenant did not return the keys.
The amounts ordered are proved.

Is the tenant responsible for the damage to the premises?

A 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.
Where the damage is caused carelessly, and is covered by the landlord's insurance, the tenant's liability is limited to the lesser of the insurance excess or four weeks' rent (or four weeks' market rent in the case of a tenant paying income-related rent). See section 49B(3)(a) RTA.
Where the damage is careless and is not covered by the landlord's insurance, the tenant's liability is limited to four weeks' rent (or market rent). See section 49B(3)(b) RTA. Where insurance money is irrecoverable because of the tenant's conduct, the property is treated as if it is not insured against the damage. See section 49B(3A)(a) RTA.
Tenants are liable for the cost of repairing damage that is intentional or which results from any activity at the premises that is an imprisonable offence. This applies to anything the tenant does and anything done by a person they are responsible for. See section 49B(1) RTA.
Damage is intentional where a person intends to cause damage and takes the necessary steps to achieve that purpose. Damage is also intentional where a person does something, or allows a situation to continue, knowing that damage is a certainty. See Guo v Korck [2019] NZHC 1541.
The following damage was caused during the tenancy: holes in walls, broken light switch and light shade. The damage is more than fair wear and tear and the tenant has not disproved liability for the damage.
The amounts ordered are proved.
The landlord provided evidence that he was unable to rent out the property for five weeks from the date the tenancy was terminated. He claimed five weeks’ rent and the costs of advertising for new tenants. The landlord has persuaded the Tribunal that because of the need to clean and repair the property due to the tenant’s breaches of the RTA, he is entitled to compensation for lost rent.
As discussed at the hearing, it is to be anticipated that in the usual course of the landlord’s business that the property may be vacant for a week between tenancies. It is appropriate to award the landlord an amount equivalent to four weeks of lost rent.
The landlord claimed for the costs of advertising for a new tenant. This is a cost that is incidental to the business of the landlord in running the landlord’s business as a provider of residential accommodation and would have been incurred however the tenancy ended. The landlord’s claim for reimbursement is dismissed.
The landlord has applied for the disposal of goods the tenant left at the premises at the end of the tenancy.
The landlord is unable to agree with the tenant on a period for the tenant to collect the goods.
It is not practicable for the landlord to the return the goods to the tenant. The value of the goods is below the cost of storing, transporting and selling them. Therefore the landlord may dispose of the goods. See sections 62(3)(b), 62B(2) and (3) Residential Tenancies Act 1986.
As the landlord has been largely successful in his application, it is appropriate to reimburse him for the filing fee.

Tenancy Tribunal case 4593670 — Cleanliness at 29B Avenue Road, Foxton, Foxton 4814

At a glance

Tenancy Tribunal case 4593670 — Cleanliness at 29B Avenue Road, Foxton, Foxton 4814

At a glance

Award balance

Claims & awards

Order

Reasons

Did the tenant comply with their 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

Order

Reasons

Did the tenant comply with their 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