What was the outcome of Tenancy Tribunal case 4686929?

The tribunal order states: Wenchao Diwu must pay Gralin Property Management (Auckland East) Limited

How much money was awarded in case 4686929?

Cleaning: $1,725.00 awarded to landlord; Eviction Cost: $200.00 awarded to landlord; Filing Fee: $20.44 awarded to landlord; Previous Order Application 4631449 D…: $1,859.41 awarded to landlord; Property Damage: $345.00 awarded to landlord; Rent Arrears: $1,100.00 awarded to landlord; Rubbish Removal: $18,055.00 awarded to landlord

What type of tenancy dispute was case 4686929?

The primary dispute was Cleanliness. Related themes: Rent arrears, Property damage.

Where can I read the official tribunal order for case 4686929?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/9762723-Tenancy_Tribunal_Order.pdf.

What was the outcome of Tenancy Tribunal case 4686929?

The tribunal order states: Wenchao Diwu must pay Gralin Property Management (Auckland East) Limited

How much money was awarded in case 4686929?

Cleaning: $1,725.00 awarded to landlord; Eviction Cost: $200.00 awarded to landlord; Filing Fee: $20.44 awarded to landlord; Previous Order Application 4631449 D…: $1,859.41 awarded to landlord; Property Damage: $345.00 awarded to landlord; Rent Arrears: $1,100.00 awarded to landlord; Rubbish Removal: $18,055.00 awarded to landlord

What type of tenancy dispute was case 4686929?

The primary dispute was Cleanliness. Related themes: Rent arrears, Property damage.

Where can I read the official tribunal order for case 4686929?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/9762723-Tenancy_Tribunal_Order.pdf.

22 Red Hill Road, Red Hill, Papakura 2110 Tenancy Tribunal Case 4686929 — Cleanliness

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22 Red Hill Road, Red Hill, Papakura 2110 Tenancy Tribunal Case 4686929 — 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 4686929 — net $23,304.85 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears (1 – 11 August 2023	$1,100.00	Rent arrears (1 – 11 August 2023
Previous order application 4631449 dated 28/07/2023	$1,859.41	Previous order application 4631449 dated 28/07/2023
Cleaning	$1,725.00	Cleaning
Repairs and rubbish removal	$18,055.00	Repairs and rubbish removal
Eviction cost	$200.00	Eviction cost
Lock/key replacement	$345.00	Lock/key replacement
Filing fee reimbursement	$20.44	Filing fee reimbursement
Net award	$23,304.85
Total payable by Tenant to Landlord	$23,304.85

Claims and awards for application 4686929 — net $23,304.85 NZD. Verify on MoJ.

Rent arrears (1 – 11 August 2023

Amount: $1,100.00
Awarded to: Landlord
Reason: Rent arrears (1 – 11 August 2023

Previous order application 4631449 dated 28/07/2023

Amount: $1,859.41
Awarded to: Landlord
Reason: Previous order application 4631449 dated 28/07/2023

Cleaning

Amount: $1,725.00
Awarded to: Landlord
Reason: Cleaning

Repairs and rubbish removal

Amount: $18,055.00
Awarded to: Landlord
Reason: Repairs and rubbish removal

Eviction cost

Amount: $200.00
Awarded to: Landlord
Reason: Eviction cost

Claim types — money lines allowed on this order

Cleanliness Filing Fee Property damage Rent arrears Rubbish Removal

Order

Wenchao Diwu must pay Gralin Property Management (Auckland East) Limited As Agent For Yitao Wang $23,304.85 immediately, calculated as shown in table below:
This order incorporates the Tribunal order made on 28 July 2023 under application 4631449, so only this order should be enforced.

Reasons

The Tribunal must consider an application filed by the landlord. DescriptionLandlord Rent arrears (1 – 11 August 2023)$1,100.00 Previous order application 4631449 dated 28/07/2023$1,859.41 Cleaning$1,725.00 Repairs and rubbish removal$18,055.00 Eviction cost$200.00 Lock/key replacement$345.00 Filing fee reimbursement$20.44 Total payable by Tenant to Landlord$23,304.85
Only the landlord appeared at the hearing. I am satisfied that the tenant has been property notified of the hearing, and therefore I will proceed to consider the claim in their absence.
The landlord seeks compensation and rent arrears following the tenant being evicted from the premises.

RENT ARREARS

The landlord has applied for an order that the tenant pay further rent arrears, for the days between the previous Tribunal rent arrears order, and the tenant being evicted from the tenancy, being a period of 11 days.
The tenant is liable for rent for any days the tenant is in possession of the premises. The further rent claim is ordered.

CLEANING AND RUBBISH REMOVAL

The Residential Tenancies Act 1986 (RTA) requires that the landlord provide the premises to the tenant at the start of the tenancy in a reasonable state of cleanliness (s45(1)(a)), and there is an equivalent obligation on the tenant to return the premises: ...in a reasonably clean and reasonably tidy condition, and remove or arrange for the removal from the premises of all rubbish.
It is important to note that the RTA does not require the premises to be provided / returned in an immaculate condition, only in a reasonably clean and tidy state. There is no scientific way to determine what is ‘reasonably’ clean and tidy, what is required is for the Tribunal to evaluate the evidence available (particularly photographs presented), and then to determine whether the premises would be reasonably clean.
At the end of the tenancy the premises were very dirty, and there was extensive rubbish on the premises. The landlord’s claim is high, but commensurate with the work the landlord would have undertaken to return the premises to a state of being reasonably clean and tidy. The cleaning and rubbish removal claims are ordered in full.

COMPENSATION

With any claim for compensation, to receive an order the party must incur a loss. In short the compensation is intended as best money can do, to compensate for the actual loss incurred.
Where a landlord claims compensation for damage caused by a tenant, the landlord must firstly prove the damage 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.
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.
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 the High Court decision of Guo v Korck [2019] NZHC 1541.
In this case the premises have been returned to the landlord with extreme damage. The floorboards have been stolen and there is extensive damage to the interior of the premises including walls, doors and windows. The landlords repair claim is commensurate with the work necessary to repair the damage.
The amounts ordered are proved.

LOCK AND KEY REPLACEMENT

The landlord has claimed compensation for lock and key replacement. Section 40 of the RTA sets out the tenants responsibilities, and that includes that at the end of the tenancy the tenant must “return to the landlord all keys, and security or pass cards or other such devices, provided by the landlord for use of the tenant”.
The keys were not returned, so the tenant is liable for the lock replacement costs.

EVICTION COSTS

The landlord incurred a $200.00 fee in evicting the tenant. That cost arises from a breach on the part of the tenant and is ordered to be paid to the landlord.

FILING FEE

Because the applicant has been wholly successful in their application, I must award the filing paid to commence the proceeding in the Tribunal, which is $20.44.

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 4686929 — net $23,304.85 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears (1 – 11 August 2023	$1,100.00	Rent arrears (1 – 11 August 2023
Previous order application 4631449 dated 28/07/2023	$1,859.41	Previous order application 4631449 dated 28/07/2023
Cleaning	$1,725.00	Cleaning
Repairs and rubbish removal	$18,055.00	Repairs and rubbish removal
Eviction cost	$200.00	Eviction cost
Lock/key replacement	$345.00	Lock/key replacement
Filing fee reimbursement	$20.44	Filing fee reimbursement
Net award	$23,304.85
Total payable by Tenant to Landlord	$23,304.85

Claims and awards for application 4686929 — net $23,304.85 NZD. Verify on MoJ.

Rent arrears (1 – 11 August 2023

Amount: $1,100.00
Awarded to: Landlord
Reason: Rent arrears (1 – 11 August 2023

Previous order application 4631449 dated 28/07/2023

Amount: $1,859.41
Awarded to: Landlord
Reason: Previous order application 4631449 dated 28/07/2023

Cleaning

Amount: $1,725.00
Awarded to: Landlord
Reason: Cleaning

Repairs and rubbish removal

Amount: $18,055.00
Awarded to: Landlord
Reason: Repairs and rubbish removal

Eviction cost

Amount: $200.00
Awarded to: Landlord
Reason: Eviction cost

Claim types — money lines allowed on this order

Cleanliness Filing Fee Property damage Rent arrears Rubbish Removal

Order

Wenchao Diwu must pay Gralin Property Management (Auckland East) Limited As Agent For Yitao Wang $23,304.85 immediately, calculated as shown in table below:
This order incorporates the Tribunal order made on 28 July 2023 under application 4631449, so only this order should be enforced.

Reasons

The Tribunal must consider an application filed by the landlord. DescriptionLandlord Rent arrears (1 – 11 August 2023)$1,100.00 Previous order application 4631449 dated 28/07/2023$1,859.41 Cleaning$1,725.00 Repairs and rubbish removal$18,055.00 Eviction cost$200.00 Lock/key replacement$345.00 Filing fee reimbursement$20.44 Total payable by Tenant to Landlord$23,304.85
Only the landlord appeared at the hearing. I am satisfied that the tenant has been property notified of the hearing, and therefore I will proceed to consider the claim in their absence.
The landlord seeks compensation and rent arrears following the tenant being evicted from the premises.

RENT ARREARS

The landlord has applied for an order that the tenant pay further rent arrears, for the days between the previous Tribunal rent arrears order, and the tenant being evicted from the tenancy, being a period of 11 days.
The tenant is liable for rent for any days the tenant is in possession of the premises. The further rent claim is ordered.

CLEANING AND RUBBISH REMOVAL

The Residential Tenancies Act 1986 (RTA) requires that the landlord provide the premises to the tenant at the start of the tenancy in a reasonable state of cleanliness (s45(1)(a)), and there is an equivalent obligation on the tenant to return the premises: ...in a reasonably clean and reasonably tidy condition, and remove or arrange for the removal from the premises of all rubbish.
It is important to note that the RTA does not require the premises to be provided / returned in an immaculate condition, only in a reasonably clean and tidy state. There is no scientific way to determine what is ‘reasonably’ clean and tidy, what is required is for the Tribunal to evaluate the evidence available (particularly photographs presented), and then to determine whether the premises would be reasonably clean.
At the end of the tenancy the premises were very dirty, and there was extensive rubbish on the premises. The landlord’s claim is high, but commensurate with the work the landlord would have undertaken to return the premises to a state of being reasonably clean and tidy. The cleaning and rubbish removal claims are ordered in full.

COMPENSATION

With any claim for compensation, to receive an order the party must incur a loss. In short the compensation is intended as best money can do, to compensate for the actual loss incurred.
Where a landlord claims compensation for damage caused by a tenant, the landlord must firstly prove the damage 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.
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.
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 the High Court decision of Guo v Korck [2019] NZHC 1541.
In this case the premises have been returned to the landlord with extreme damage. The floorboards have been stolen and there is extensive damage to the interior of the premises including walls, doors and windows. The landlords repair claim is commensurate with the work necessary to repair the damage.
The amounts ordered are proved.

LOCK AND KEY REPLACEMENT

The landlord has claimed compensation for lock and key replacement. Section 40 of the RTA sets out the tenants responsibilities, and that includes that at the end of the tenancy the tenant must “return to the landlord all keys, and security or pass cards or other such devices, provided by the landlord for use of the tenant”.
The keys were not returned, so the tenant is liable for the lock replacement costs.

EVICTION COSTS

The landlord incurred a $200.00 fee in evicting the tenant. That cost arises from a breach on the part of the tenant and is ordered to be paid to the landlord.

FILING FEE

Because the applicant has been wholly successful in their application, I must award the filing paid to commence the proceeding in the Tribunal, which is $20.44.

Tenancy Tribunal case 4686929 — Cleanliness at 22 Red Hill Road, Red Hill, Papakura 2110

At a glance

Tenancy Tribunal case 4686929 — Cleanliness at 22 Red Hill Road, Red Hill, Papakura 2110

At a glance

Award balance

Claims & awards

Order

Reasons

RENT ARREARS

CLEANING AND RUBBISH REMOVAL

COMPENSATION

LOCK AND KEY REPLACEMENT

EVICTION COSTS

FILING FEE

Topics & place

Residential Tenancies Act sections

Key findings

Property management

Frequently asked questions

Award balance

Claims & awards

Order

Reasons

RENT ARREARS

CLEANING AND RUBBISH REMOVAL

COMPENSATION

LOCK AND KEY REPLACEMENT

EVICTION COSTS

FILING FEE

Topics & place

Residential Tenancies Act sections

Key findings

Property management

Frequently asked questions