What was the outcome of Tenancy Tribunal case 4666588?

The tribunal order states: Emma Jo-Anne Kirkwood must pay D & M Properties 2006 Limited As Agent

How much money was awarded in case 4666588?

Cleaning: $510.00 awarded to landlord; Cleaning: $157.50 awarded to landlord; Cleaning: $293.91 awarded to landlord; Filing Fee: $20.44 awarded to landlord; Lawns and Garden Work: $105.00 awarded to landlord; Property Damage: $700.00 awarded to landlord; Property Damage: $184.00 awarded to landlord; Rubbish Removal: $299.72 awarded to landlord

What type of tenancy dispute was case 4666588?

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

Where can I read the official tribunal order for case 4666588?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/9582192-Tenancy_Tribunal_Order.pdf.

What was the outcome of Tenancy Tribunal case 4666588?

The tribunal order states: Emma Jo-Anne Kirkwood must pay D & M Properties 2006 Limited As Agent

How much money was awarded in case 4666588?

Cleaning: $510.00 awarded to landlord; Cleaning: $157.50 awarded to landlord; Cleaning: $293.91 awarded to landlord; Filing Fee: $20.44 awarded to landlord; Lawns and Garden Work: $105.00 awarded to landlord; Property Damage: $700.00 awarded to landlord; Property Damage: $184.00 awarded to landlord; Rubbish Removal: $299.72 awarded to landlord

What type of tenancy dispute was case 4666588?

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

Where can I read the official tribunal order for case 4666588?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/9582192-Tenancy_Tribunal_Order.pdf.

9A Rathmore Street, West End, Timaru 7910 Tenancy Tribunal Case 4666588 — Cleanliness

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9A Rathmore Street, West End, Timaru 7910 Tenancy Tribunal Case 4666588 — 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 4666588 — net $2,270.57 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Carpet Cleaning	$510.00	Carpet Cleaning
Cleaning	$157.50	Cleaning
Cleaning: Curtains	$293.91	Cleaning: Curtains
Lawns and Garden work	$105.00	Lawns and Garden work
Rubbish removal	$299.72	Rubbish removal
Lock/key replacement	$700.00	Lock/key replacement
Heat Pump Repair	$184.00	Heat Pump Repair
Filing fee reimbursement	$20.44	Filing fee reimbursement
Net award	$2,270.57
Total payable by Tenant to Landlord	$2,270.57

Claims and awards for application 4666588 — net $2,270.57 NZD. Verify on MoJ.

Carpet Cleaning

Amount: $510.00
Awarded to: Landlord
Reason: Carpet Cleaning

Cleaning

Amount: $157.50
Awarded to: Landlord
Reason: Cleaning

Cleaning: Curtains

Amount: $293.91
Awarded to: Landlord
Reason: Cleaning: Curtains

Lawns and Garden work

Amount: $105.00
Awarded to: Landlord
Reason: Lawns and Garden work

Rubbish removal

Amount: $299.72
Awarded to: Landlord
Reason: Rubbish removal

Lock/key replacement

Claim types — money lines allowed on this order

Carpet Cleaning Cleanliness Filing Fee Lawns And Garden Work Property damage Rubbish Removal

Order

Emma Jo-Anne Kirkwood must pay D & M Properties 2006 Limited As Agent For J Ramsay $2,270.57 immediately, calculated as shown in table below. DescriptionLandlord Carpet Cleaning$510.00 Cleaning$157.50 Cleaning: Curtains$293.91 Lawns and Garden work$105.00 Rubbish removal$299.72 Lock/key replacement$700.00 Heat Pump Repair$184.00 Filing fee reimbursement$20.44 Total award$2,270.57 Total payable by Tenant to Landlord$2,270.57

Reasons

A representative of the landlord attended the hearing. The tenant did not attend.
The landlord has applied for rent arrears, compensation, refund of the bond, and reimbursement of the filing fee following the end of the tenancy.
The Tribunal file records that the claim for rent has been resolved and the bond released to the landlord. I did not hear any claim in relation to rent or the bond.

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 did not leave the premises reasonably clean and tidy and did not remove all rubbish. The landlord provided photographs and receipts to prove its claims. The amounts ordered are proved.
The tenant did not return the keys. The landlord claimed $979 for key and lock replacement. The invoice reports that some locks could not be rekeyed because they were too old. The need to replace locks is a combination of the tenant’s failure to return the keys and a landlord maintenance obligation. I award $700 for this claim.

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.
The heat pump was damaged during the tenancy. The damage is more than fair wear and tear, and the tenant has not disproved liability for the damage.
The landlord provided photographs and a receipt in support if its claim. The amounts ordered are proved.
As the landlord was the successful party, I have awarded reimbursement of the Tribunal 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 4666588 — net $2,270.57 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Carpet Cleaning	$510.00	Carpet Cleaning
Cleaning	$157.50	Cleaning
Cleaning: Curtains	$293.91	Cleaning: Curtains
Lawns and Garden work	$105.00	Lawns and Garden work
Rubbish removal	$299.72	Rubbish removal
Lock/key replacement	$700.00	Lock/key replacement
Heat Pump Repair	$184.00	Heat Pump Repair
Filing fee reimbursement	$20.44	Filing fee reimbursement
Net award	$2,270.57
Total payable by Tenant to Landlord	$2,270.57

Claims and awards for application 4666588 — net $2,270.57 NZD. Verify on MoJ.

Carpet Cleaning

Amount: $510.00
Awarded to: Landlord
Reason: Carpet Cleaning

Cleaning

Amount: $157.50
Awarded to: Landlord
Reason: Cleaning

Cleaning: Curtains

Amount: $293.91
Awarded to: Landlord
Reason: Cleaning: Curtains

Lawns and Garden work

Amount: $105.00
Awarded to: Landlord
Reason: Lawns and Garden work

Rubbish removal

Amount: $299.72
Awarded to: Landlord
Reason: Rubbish removal

Lock/key replacement

Claim types — money lines allowed on this order

Carpet Cleaning Cleanliness Filing Fee Lawns And Garden Work Property damage Rubbish Removal

Order

Emma Jo-Anne Kirkwood must pay D & M Properties 2006 Limited As Agent For J Ramsay $2,270.57 immediately, calculated as shown in table below. DescriptionLandlord Carpet Cleaning$510.00 Cleaning$157.50 Cleaning: Curtains$293.91 Lawns and Garden work$105.00 Rubbish removal$299.72 Lock/key replacement$700.00 Heat Pump Repair$184.00 Filing fee reimbursement$20.44 Total award$2,270.57 Total payable by Tenant to Landlord$2,270.57

Reasons

A representative of the landlord attended the hearing. The tenant did not attend.
The landlord has applied for rent arrears, compensation, refund of the bond, and reimbursement of the filing fee following the end of the tenancy.
The Tribunal file records that the claim for rent has been resolved and the bond released to the landlord. I did not hear any claim in relation to rent or the bond.

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 did not leave the premises reasonably clean and tidy and did not remove all rubbish. The landlord provided photographs and receipts to prove its claims. The amounts ordered are proved.
The tenant did not return the keys. The landlord claimed $979 for key and lock replacement. The invoice reports that some locks could not be rekeyed because they were too old. The need to replace locks is a combination of the tenant’s failure to return the keys and a landlord maintenance obligation. I award $700 for this claim.

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.
The heat pump was damaged during the tenancy. The damage is more than fair wear and tear, and the tenant has not disproved liability for the damage.
The landlord provided photographs and a receipt in support if its claim. The amounts ordered are proved.
As the landlord was the successful party, I have awarded reimbursement of the Tribunal filing fee.

Tenancy Tribunal case 4666588 — Cleanliness at 9A Rathmore Street, West End, Timaru 7910

At a glance

Tenancy Tribunal case 4666588 — Cleanliness at 9A Rathmore Street, West End, Timaru 7910

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