What was the outcome of Tenancy Tribunal case 4627011?

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

How much money was awarded in case 4627011?

Cleaning: $60.00 awarded to landlord; Cleaning: $280.00 awarded to landlord; Filing Fee: $20.44 awarded to landlord; Pest Control: $197.50 awarded to landlord; Property Damage: $100.00 awarded to landlord; Rubbish Removal: $258.01 awarded to landlord; Smoke Alarms: $200.00 awarded to landlord

What type of tenancy dispute was case 4627011?

The primary dispute was Cleanliness. Related themes: Smoke alarms, Property damage.

Where can I read the official tribunal order for case 4627011?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/9409917-Tenancy_Tribunal_Order.pdf.

What was the outcome of Tenancy Tribunal case 4627011?

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

How much money was awarded in case 4627011?

Cleaning: $60.00 awarded to landlord; Cleaning: $280.00 awarded to landlord; Filing Fee: $20.44 awarded to landlord; Pest Control: $197.50 awarded to landlord; Property Damage: $100.00 awarded to landlord; Rubbish Removal: $258.01 awarded to landlord; Smoke Alarms: $200.00 awarded to landlord

What type of tenancy dispute was case 4627011?

The primary dispute was Cleanliness. Related themes: Smoke alarms, Property damage.

Where can I read the official tribunal order for case 4627011?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/9409917-Tenancy_Tribunal_Order.pdf.

Flat 22, 21 Te Aroha Street, Hamilton East, Hamilton 3216 Tenancy Tribunal Case 4627011 — Cleanliness

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Flat 22, 21 Te Aroha Street, Hamilton East, Hamilton 3216 Tenancy Tribunal Case 4627011 — 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 4627011 — net $1,115.95 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Carpet Cleaning	$60.00	Carpet Cleaning
Cleaning	$280.00	Cleaning
Pest control: unit 22	$197.50	Pest control: unit 22
Rubbish removal	$258.01	Rubbish removal
Lock/key replacement	$100.00	Lock/key replacement
Exemplary damages for removing smoke alarm	$200.00	Exemplary damages for removing smoke alarm
Filing fee reimbursement	$20.44	Filing fee reimbursement
Net award	$1,115.95
Total payable by Tenant to Landlord	$1,115.95

Claims and awards for application 4627011 — net $1,115.95 NZD. Verify on MoJ.

Carpet Cleaning

Amount: $60.00
Awarded to: Landlord
Reason: Carpet Cleaning

Cleaning

Amount: $280.00
Awarded to: Landlord
Reason: Cleaning

Pest control: unit 22

Amount: $197.50
Awarded to: Landlord
Reason: Pest control: unit 22

Rubbish removal

Amount: $258.01
Awarded to: Landlord
Reason: Rubbish removal

Lock/key replacement

Amount: $100.00
Awarded to: Landlord
Reason: Lock/key replacement

Exemplary damages for removing smoke alarm

Claim types — money lines allowed on this order

Carpet Cleaning Cleanliness Filing Fee Pest Control Property damage Rubbish Removal Replace Smoke Alarms

Order

No application for suppression has been made in this case and no suppression orders apply around publication of this decision.
Allan Brent John Quigley and Kylie Marie Wookey must pay L&H Holding Limited $1,115.95 immediately, calculated as shown in table below.

Reasons

The landlord’s representative attended the hearing today.
The landlord has applied for compensation for costs incurred after the end of the tenancy.
I list the claims below and my decisions on each:- a. Cleaning and carpet cleaning: photographs prove that the premises were not left reasonably clean and tidy. This work was done by an employee of the landlord. No invoice was provided however I accept that the work needed to be done. I award $60.00 for carpet cleaning and $280.00 for labour (8 hours at $35.00 per hour). b. Disposal of rubbish bags, old couch, other unwanted items: the need to do this work was proven from the photographs. Receipts for dump fees ($83.01) and trailer hire ($35.00) were provided. I award $140.00 for labour (4 hours at $35.00 per hour). This is a total of $258.01. c. The landlord says no keys were returned and that the lock was replaced from stock on hand and labour by an employee. I award $100.00. d. There was evidence that a cat had been kept in the flat and flea treatment was required. The invoice is for the cost of treatment of two flats, so I award half of the amount. e. The landlord claims for the cost of damaged chattels that were provided as part of the tenancy (microwave, 2-seater sofa, near new double mattress and good condition base, dining table and two chairs, small tv cabinet). The photographs do not show damage (the bed and sofa are upside down and I cannot see their condition, the tv cabinet is facing the wall). The landlord’s oral evidence is that the microwave was not working, and the other items were too dirty to be kept. The employee who did the clean-up was not present to give direct evidence. Weighing all of this up, I have decided that there is not enough evidence to prove these items were damaged. I dismiss these claims.
Removal of smoke alarm: the landlord says the smoke alarm was taken down and turned off. A photograph shows the alarm lying on the floor upside down. It is a breach of the Residential Tenancies Act 1986 and an “unlawful act” to remove or tamper with a smoke alarm. I award the claim for a fine of $200.00 because it is very important that tenants understand that it is a risk to life and to property to tamper with smoke alarms.
I award the filing fee.

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 4627011 — net $1,115.95 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Carpet Cleaning	$60.00	Carpet Cleaning
Cleaning	$280.00	Cleaning
Pest control: unit 22	$197.50	Pest control: unit 22
Rubbish removal	$258.01	Rubbish removal
Lock/key replacement	$100.00	Lock/key replacement
Exemplary damages for removing smoke alarm	$200.00	Exemplary damages for removing smoke alarm
Filing fee reimbursement	$20.44	Filing fee reimbursement
Net award	$1,115.95
Total payable by Tenant to Landlord	$1,115.95

Claims and awards for application 4627011 — net $1,115.95 NZD. Verify on MoJ.

Carpet Cleaning

Amount: $60.00
Awarded to: Landlord
Reason: Carpet Cleaning

Cleaning

Amount: $280.00
Awarded to: Landlord
Reason: Cleaning

Pest control: unit 22

Amount: $197.50
Awarded to: Landlord
Reason: Pest control: unit 22

Rubbish removal

Amount: $258.01
Awarded to: Landlord
Reason: Rubbish removal

Lock/key replacement

Amount: $100.00
Awarded to: Landlord
Reason: Lock/key replacement

Exemplary damages for removing smoke alarm

Claim types — money lines allowed on this order

Carpet Cleaning Cleanliness Filing Fee Pest Control Property damage Rubbish Removal Replace Smoke Alarms

Order

No application for suppression has been made in this case and no suppression orders apply around publication of this decision.
Allan Brent John Quigley and Kylie Marie Wookey must pay L&H Holding Limited $1,115.95 immediately, calculated as shown in table below.

Reasons

The landlord’s representative attended the hearing today.
The landlord has applied for compensation for costs incurred after the end of the tenancy.
I list the claims below and my decisions on each:- a. Cleaning and carpet cleaning: photographs prove that the premises were not left reasonably clean and tidy. This work was done by an employee of the landlord. No invoice was provided however I accept that the work needed to be done. I award $60.00 for carpet cleaning and $280.00 for labour (8 hours at $35.00 per hour). b. Disposal of rubbish bags, old couch, other unwanted items: the need to do this work was proven from the photographs. Receipts for dump fees ($83.01) and trailer hire ($35.00) were provided. I award $140.00 for labour (4 hours at $35.00 per hour). This is a total of $258.01. c. The landlord says no keys were returned and that the lock was replaced from stock on hand and labour by an employee. I award $100.00. d. There was evidence that a cat had been kept in the flat and flea treatment was required. The invoice is for the cost of treatment of two flats, so I award half of the amount. e. The landlord claims for the cost of damaged chattels that were provided as part of the tenancy (microwave, 2-seater sofa, near new double mattress and good condition base, dining table and two chairs, small tv cabinet). The photographs do not show damage (the bed and sofa are upside down and I cannot see their condition, the tv cabinet is facing the wall). The landlord’s oral evidence is that the microwave was not working, and the other items were too dirty to be kept. The employee who did the clean-up was not present to give direct evidence. Weighing all of this up, I have decided that there is not enough evidence to prove these items were damaged. I dismiss these claims.
Removal of smoke alarm: the landlord says the smoke alarm was taken down and turned off. A photograph shows the alarm lying on the floor upside down. It is a breach of the Residential Tenancies Act 1986 and an “unlawful act” to remove or tamper with a smoke alarm. I award the claim for a fine of $200.00 because it is very important that tenants understand that it is a risk to life and to property to tamper with smoke alarms.
I award the filing fee.

Tenancy Tribunal case 4627011 — Cleanliness at Flat 22, 21 Te Aroha Street, Hamilton East, Hamilton 3216

At a glance

Tenancy Tribunal case 4627011 — Cleanliness at Flat 22, 21 Te Aroha Street, Hamilton East, Hamilton 3216

At a glance

Award balance

Claims & awards

Order

Reasons

Topics & place

Key findings

Property management

Frequently asked questions

Award balance

Claims & awards

Order

Reasons

Topics & place

Key findings

Property management

Frequently asked questions