What was the outcome of Tenancy Tribunal case 4605629?

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

How much money was awarded in case 4605629?

Cleaning: $189.00 awarded to landlord; Cleaning: $230.00 awarded to landlord; Filing Fee: $20.44 awarded to landlord; Previous Order Application 4550481 D…: $1,870.42 awarded to landlord; Window: $294.52 awarded to landlord; Rubbish Removal: $250.00 awarded to landlord

What type of tenancy dispute was case 4605629?

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

Where can I read the official tribunal order for case 4605629?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/9271419-Tenancy_Tribunal_Order.pdf.

What was the outcome of Tenancy Tribunal case 4605629?

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

How much money was awarded in case 4605629?

Cleaning: $189.00 awarded to landlord; Cleaning: $230.00 awarded to landlord; Filing Fee: $20.44 awarded to landlord; Previous Order Application 4550481 D…: $1,870.42 awarded to landlord; Window: $294.52 awarded to landlord; Rubbish Removal: $250.00 awarded to landlord

What type of tenancy dispute was case 4605629?

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

Where can I read the official tribunal order for case 4605629?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/9271419-Tenancy_Tribunal_Order.pdf.

53A Tawhai Street, Stokes Valley, Lower Hutt 5019 Tenancy Tribunal Case 4605629 — Cleanliness

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53A Tawhai Street, Stokes Valley, Lower Hutt 5019 Tenancy Tribunal Case 4605629 — Cleanliness | 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 4605629 — net $2,854.38 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Previous order application 4550481 dated 30/05/2023	$1,870.42	Previous order application 4550481 dated 30/05/2023
Repairs: Window	$294.52	Repairs: Window
Cleaning	$230.00	Cleaning
Rubbish removal	$250.00	Rubbish removal
Carpet Cleaning	$189.00	Carpet Cleaning
Filing fee reimbursement	$20.44	cause the landlord has been wholly successful with the claim, the filing fee of $20.44 is ordered. B Smallbone 08 August 2023 _________________________________…
Net award	$2,854.38
Total payable by Tenant to Landlord	$2,854.38

Claims and awards for application 4605629 — net $2,854.38 NZD. Verify on MoJ.

Previous order application 4550481 dated 30/05/2023

Amount: $1,870.42
Awarded to: Landlord
Reason: Previous order application 4550481 dated 30/05/2023

Repairs: Window

Amount: $294.52
Awarded to: Landlord
Reason: Repairs: Window

Cleaning

Amount: $230.00
Awarded to: Landlord
Reason: Cleaning

Rubbish removal

Amount: $250.00
Awarded to: Landlord
Reason: Rubbish removal

Carpet Cleaning

Amount: $189.00
Awarded to: Landlord
Reason: Carpet Cleaning

Claim types — money lines allowed on this order

Carpet Cleaning Cleanliness Filing Fee Property damage Rubbish Removal

Order

No application for suppression has been made in this case and no suppression orders apply around publication of this decision.
Christina Wilson must pay Oxygen.Co.Nz Limited As Agent For Lynsey Earl $2,854.38 immediately, calculated as shown in table below. DescriptionLandlord Previous order application 4550481 dated 30/05/2023$1,870.42 Repairs: Window$294.52 Cleaning$230.00 Rubbish removal$250.00 Carpet Cleaning$189.00 Filing fee reimbursement$20.44 Total payable by Tenant to Landlord$2,854.38
This order incorporates the Tribunal order made on 30 May 2023 under application 4550481.

Reasons

Christina Wilson 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 her 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 did not leave the premises reasonably clean and tidy, and did not remove all rubbish. The landlord provided photographs of the carpet, the rubbish left at the property and the areas required cleaning. The amounts claimed are reasonable.
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.
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.
The following damage was caused during the tenancy. A window was deliberately broken. The landlord referred to CCTV footage showing the tenant breaking the window with a small hammer. The damage is more than fair wear and tear, and the tenant has not disproved liability for the damage.
The previous order is incorporated into this order for enforcement purposes. Filing Fee
Because the landlord has been wholly successful with the claim, the filing fee of $20.44 is ordered.

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 4605629 — net $2,854.38 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Previous order application 4550481 dated 30/05/2023	$1,870.42	Previous order application 4550481 dated 30/05/2023
Repairs: Window	$294.52	Repairs: Window
Cleaning	$230.00	Cleaning
Rubbish removal	$250.00	Rubbish removal
Carpet Cleaning	$189.00	Carpet Cleaning
Filing fee reimbursement	$20.44	cause the landlord has been wholly successful with the claim, the filing fee of $20.44 is ordered. B Smallbone 08 August 2023 _________________________________…
Net award	$2,854.38
Total payable by Tenant to Landlord	$2,854.38

Claims and awards for application 4605629 — net $2,854.38 NZD. Verify on MoJ.

Previous order application 4550481 dated 30/05/2023

Amount: $1,870.42
Awarded to: Landlord
Reason: Previous order application 4550481 dated 30/05/2023

Repairs: Window

Amount: $294.52
Awarded to: Landlord
Reason: Repairs: Window

Cleaning

Amount: $230.00
Awarded to: Landlord
Reason: Cleaning

Rubbish removal

Amount: $250.00
Awarded to: Landlord
Reason: Rubbish removal

Carpet Cleaning

Amount: $189.00
Awarded to: Landlord
Reason: Carpet Cleaning

Claim types — money lines allowed on this order

Carpet Cleaning Cleanliness Filing Fee Property damage Rubbish Removal

Order

No application for suppression has been made in this case and no suppression orders apply around publication of this decision.
Christina Wilson must pay Oxygen.Co.Nz Limited As Agent For Lynsey Earl $2,854.38 immediately, calculated as shown in table below. DescriptionLandlord Previous order application 4550481 dated 30/05/2023$1,870.42 Repairs: Window$294.52 Cleaning$230.00 Rubbish removal$250.00 Carpet Cleaning$189.00 Filing fee reimbursement$20.44 Total payable by Tenant to Landlord$2,854.38
This order incorporates the Tribunal order made on 30 May 2023 under application 4550481.

Reasons

Christina Wilson 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 her 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 did not leave the premises reasonably clean and tidy, and did not remove all rubbish. The landlord provided photographs of the carpet, the rubbish left at the property and the areas required cleaning. The amounts claimed are reasonable.
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.
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.
The following damage was caused during the tenancy. A window was deliberately broken. The landlord referred to CCTV footage showing the tenant breaking the window with a small hammer. The damage is more than fair wear and tear, and the tenant has not disproved liability for the damage.
The previous order is incorporated into this order for enforcement purposes. Filing Fee
Because the landlord has been wholly successful with the claim, the filing fee of $20.44 is ordered.

Tenancy Tribunal case 4605629 — Cleanliness at 53A Tawhai Street, Stokes Valley, Lower Hutt 5019

At a glance

Tenancy Tribunal case 4605629 — Cleanliness at 53A Tawhai Street, Stokes Valley, Lower Hutt 5019

At a glance

Award balance

Claims & awards

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

Award balance

Claims & awards

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