How much money was awarded in case 4617009?

Cleaning: $101.49 awarded to landlord; Filing Fee: $20.44 awarded to landlord

What type of tenancy dispute was case 4617009?

The primary dispute was Cleanliness.

Where can I read the official tribunal order for case 4617009?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/9531627-Tenancy_Tribunal_Order.pdf.

How much money was awarded in case 4617009?

Cleaning: $101.49 awarded to landlord; Filing Fee: $20.44 awarded to landlord

What type of tenancy dispute was case 4617009?

The primary dispute was Cleanliness.

Where can I read the official tribunal order for case 4617009?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/9531627-Tenancy_Tribunal_Order.pdf.

Unit/Flat 8, 13 Cameron Road, Hamilton East, Hamilton Tenancy Tribunal Case 4617009 — Cleanliness

Q: What was the outcome of Tenancy Tribunal case 4617009?

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 4617009 — net $121.93 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Carpet Cleaning	$101.49	Carpet Cleaning
Filing fee reimbursement	$20.44	Filing fee reimbursement
Net award	$121.93
Total payable by Tenant to Landlord	$121.93

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

Tapper Property Management Group Limited T/A TPM Group Limited as Agent for Garry Tapper & Leonie Tapper 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.

Jasminleo Patuwai must pay Tapper Property Management Group Limited T/A TPM Group Limited as Agent for Garry Tapper & Leonie Tapper $121.93 immediately, calculated as shown in table below.

Reasons

Ms Brunel appeared for the landlord. There was no appearance by the tenant. The tenancy ended on 21 March 2023; the application was filed on 17 July 2023.

Applications made more than two months after the end of the tenancy must be served either personally on the tenant, on someone over the age of 16 living at an address where the tenant now lives, or by post to an address provided by the tenant within two months before the application was made. See section 91A (2) Residential Tenancies Act 1986 (The “Act”)

If the landlord cannot locate the tenant, despite making all reasonable efforts to do so, the landlord may apply to the Tribunal for a direction that the application is to be served by some other means likely to bring it to the tenant’s notice. Alternatively, the landlord may apply to the Tribunal for a direction that service be dispensed with. See section 91B of the Act.

Ms Brunel states that around Christmas / New Year 2023, she visited the property and spoke with an occupant, who was not the tenant, and was informed that the tenant was temporarily unable to return to the property. Since that advice and despite numerous attempts, Ms Brunel states that she has been unable to locate the tenant. The occupant is also unreachable. I am satisfied that the landlord has made reasonable efforts to locate the tenant. The application has proceeded in the tenant’s absence.

The landlord has applied for compensation for cleaning, carpet cleaning, disposal of goods, and reimbursement of the filing fee.

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

The landlord claims that the tenant failed to leave the property reasonably clean and tidy , including the carpet. The landlord is seeking $320.00 for cleaning and $101.49 to clean the carpet.

At the end of the tenancy the tenant must leave the premises reasonably clean and tidy. See section 40(1)(e)(ii)-(v) of the Act.

Whether or not the tenant has failed to leave the property reasonably clean and tidy will require an objective assessment. There are no photographs showing the uncleanliness of the property. There is insufficient evidence to make an objective assessment. The claim for cleaning is dismissed. Regarding the claim for carpet cleaning. Ms Brunel states that the carpet was 4 years old at the commencement of the tenancy and had no stains or soiling. The photographs taken at the end of the tenancy, which were taken of the goods for disposal, show staining to the carpet in the lounge and bedroom. Unlike the claim for general cleaning, in this case, I can make an objective assessment. I am satisfied that the tenant has failed to leave the carpet in at least the same condition it was at the commencement of the tenancy. The claim for carpet cleaning is proven, and the compensation sought is awarded. Disposal of goods

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

The landlord is unable to contact the tenant. The landlord has provided photographs, and a description of the goods concerned. I am satisfied that they have little or no value.

It is not practicable for the landlord to 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) of the Act. Costs

Because Tapper Property Management Group Limited T/A TPM Group Limited as Agent for Garry Tapper & Leonie Tapper has substantially succeeded with the claim I have reimbursed the filing fee. Name suppression

Although the landlord has been substantially successful, and therefore entitled to do so, they do not seek name suppression. See section 95A(1) of the Act.

Claims and awards in Tenancy Tribunal application 4617009 — net $121.93 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Carpet Cleaning	$101.49	Carpet Cleaning
Filing fee reimbursement	$20.44	Filing fee reimbursement
Net award	$121.93
Total payable by Tenant to Landlord	$121.93

Order

No application for suppression has been made in this case and no suppression orders apply around publication of this decision.
Tapper Property Management Group Limited T/A TPM Group Limited as Agent for Garry Tapper & Leonie Tapper 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.
Jasminleo Patuwai must pay Tapper Property Management Group Limited T/A TPM Group Limited as Agent for Garry Tapper & Leonie Tapper $121.93 immediately, calculated as shown in table below.

Reasons

Ms Brunel appeared for the landlord. There was no appearance by the tenant. The tenancy ended on 21 March 2023; the application was filed on 17 July 2023.
Applications made more than two months after the end of the tenancy must be served either personally on the tenant, on someone over the age of 16 living at an address where the tenant now lives, or by post to an address provided by the tenant within two months before the application was made. See section 91A (2) Residential Tenancies Act 1986 (The “Act”)
If the landlord cannot locate the tenant, despite making all reasonable efforts to do so, the landlord may apply to the Tribunal for a direction that the application is to be served by some other means likely to bring it to the tenant’s notice. Alternatively, the landlord may apply to the Tribunal for a direction that service be dispensed with. See section 91B of the Act.
Ms Brunel states that around Christmas / New Year 2023, she visited the property and spoke with an occupant, who was not the tenant, and was informed that the tenant was temporarily unable to return to the property. Since that advice and despite numerous attempts, Ms Brunel states that she has been unable to locate the tenant. The occupant is also unreachable. I am satisfied that the landlord has made reasonable efforts to locate the tenant. The application has proceeded in the tenant’s absence.
The landlord has applied for compensation for cleaning, carpet cleaning, disposal of goods, and reimbursement of the filing fee.

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

The landlord claims that the tenant failed to leave the property reasonably clean and tidy , including the carpet. The landlord is seeking $320.00 for cleaning and $101.49 to clean the carpet.
At the end of the tenancy the tenant must leave the premises reasonably clean and tidy. See section 40(1)(e)(ii)-(v) of the Act.
Whether or not the tenant has failed to leave the property reasonably clean and tidy will require an objective assessment. There are no photographs showing the uncleanliness of the property. There is insufficient evidence to make an objective assessment. The claim for cleaning is dismissed. Regarding the claim for carpet cleaning. Ms Brunel states that the carpet was 4 years old at the commencement of the tenancy and had no stains or soiling. The photographs taken at the end of the tenancy, which were taken of the goods for disposal, show staining to the carpet in the lounge and bedroom. Unlike the claim for general cleaning, in this case, I can make an objective assessment. I am satisfied that the tenant has failed to leave the carpet in at least the same condition it was at the commencement of the tenancy. The claim for carpet cleaning is proven, and the compensation sought is awarded. Disposal of goods
The landlord has applied for an order for the disposal of goods the tenant left at the premises at the end of the tenancy.
The landlord is unable to contact the tenant. The landlord has provided photographs, and a description of the goods concerned. I am satisfied that they have little or no value.
It is not practicable for the landlord to 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) of the Act. Costs
Because Tapper Property Management Group Limited T/A TPM Group Limited as Agent for Garry Tapper & Leonie Tapper has substantially succeeded with the claim I have reimbursed the filing fee. Name suppression
Although the landlord has been substantially successful, and therefore entitled to do so, they do not seek name suppression. See section 95A(1) of the Act.

Tenancy Tribunal case 4617009 — Cleanliness at Unit/Flat 8, 13 Cameron Road, Hamilton East, Hamilton

At a glance

Tenancy Tribunal case 4617009 — Cleanliness at Unit/Flat 8, 13 Cameron Road, Hamilton East, Hamilton

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