What was the outcome of Tenancy Tribunal case 4698130?

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

How much money was awarded in case 4698130?

Cleaning: $388.39 awarded to landlord; Filing Fee: $20.44 awarded to landlord; Property Damage: $183.94 awarded to landlord; Rent Owed: $1,310.00 awarded to landlord; Replace Bifold Doors: $820.98 awarded to landlord; Rubbish Removal: $1,517.69 awarded to landlord; Water Rates: $163.03 awarded to landlord

What type of tenancy dispute was case 4698130?

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

Where can I read the official tribunal order for case 4698130?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/9528148-Tenancy_Tribunal_Order.pdf.

What was the outcome of Tenancy Tribunal case 4698130?

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

How much money was awarded in case 4698130?

Cleaning: $388.39 awarded to landlord; Filing Fee: $20.44 awarded to landlord; Property Damage: $183.94 awarded to landlord; Rent Owed: $1,310.00 awarded to landlord; Replace Bifold Doors: $820.98 awarded to landlord; Rubbish Removal: $1,517.69 awarded to landlord; Water Rates: $163.03 awarded to landlord

What type of tenancy dispute was case 4698130?

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

Where can I read the official tribunal order for case 4698130?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/9528148-Tenancy_Tribunal_Order.pdf.

36 Matene Street, Otaki, Otaki 5512 Tenancy Tribunal Case 4698130 — Cleanliness

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36 Matene Street, Otaki, Otaki 5512 Tenancy Tribunal Case 4698130 — 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 4698130 — net $3,564.47 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent owed to 26 August 2023	$1,310.00	Rent owed to 26 August 2023
Water rates	$163.03	Water rates
Lock/key replacement	$183.94	Lock/key replacement
Replace bifold doors	$820.98	Replace bifold doors
Cleaning	$388.39	Cleaning
Rubbish removal	$1,517.69	Rubbish removal
Filing fee reimbursement	$20.44	Filing fee reimbursement
Net award	$3,564.47
Total payable by Tenant to Landlord	$3,564.47

Claims and awards for application 4698130 — net $3,564.47 NZD. Verify on MoJ.

Rent owed to 26 August 2023

Amount: $1,310.00
Awarded to: Landlord
Reason: Rent owed to 26 August 2023

Water rates

Amount: $163.03
Awarded to: Landlord
Reason: Water rates

Lock/key replacement

Amount: $183.94
Awarded to: Landlord
Reason: Lock/key replacement

Replace bifold doors

Amount: $820.98
Awarded to: Landlord
Reason: Replace bifold doors

Cleaning

Amount: $388.39
Awarded to: Landlord
Reason: Cleaning

Dismissed claims

Property Damage — This is because there is no evidence the door was undamaged at the start of the tenancy.

Claim types — money lines allowed on this order

Cleanliness Filing Fee Property damage Rubbish Removal Water Rates

Order

No application for suppression has been made in this case and no suppression orders apply around publication of this decision.
The claim for the replacement door is dismissed.
Filiafa Frank Faumuina must pay Team Group Rentals Limited Trading As Harcourts $3,564.47 immediately, calculated as shown in table below.
The Bond Centre is to pay the bond of $840.00 (5859297-003) to Team Group Rentals Limited Trading As Harcourts immediately.

Reasons

The landlord attended the hearing.
The landlord has applied for rent arrears, compensation, refund of the bond, and reimbursement of the filing fee following the end of the tenancy.

How much is owed for rent and water rates?

The tenancy ended on 26 August 2023. The landlord provided rent records and water rates invoices which prove the amount owing at the end of the tenancy.

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 (RTA).
The tenant did not leave the premises reasonably clean and tidy and did not remove all rubbish. I have seen photos and the amounts claimed seem reasonable to me. The tenant left a number of appliances, mattresses and couches which is why the rubbish claim is so high.
The tenant did not return the keys.
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.
The claim for a replacement door in the lounge is dismissed. This is because there is no evidence the door was undamaged at the start of the tenancy.
The claim for the bifold doors is allowed. The property manager at the hearing heard the tenant discuss the damage with the owner so I find there is supporting evidence the doors were damaged during the tenancy. I find the tenant removed the doors and did not inform the landlord. Only two of three doors could be found at the end of the tenancy, so all the doors had to be replaced. The damage is more than fair wear and tear, and the tenant has not disproved liability for the damage. The amounts ordered are proved. Other orders
Because the landlord has substantially succeeded with the claim I have reimbursed 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 4698130 — net $3,564.47 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent owed to 26 August 2023	$1,310.00	Rent owed to 26 August 2023
Water rates	$163.03	Water rates
Lock/key replacement	$183.94	Lock/key replacement
Replace bifold doors	$820.98	Replace bifold doors
Cleaning	$388.39	Cleaning
Rubbish removal	$1,517.69	Rubbish removal
Filing fee reimbursement	$20.44	Filing fee reimbursement
Net award	$3,564.47
Total payable by Tenant to Landlord	$3,564.47

Claims and awards for application 4698130 — net $3,564.47 NZD. Verify on MoJ.

Rent owed to 26 August 2023

Amount: $1,310.00
Awarded to: Landlord
Reason: Rent owed to 26 August 2023

Water rates

Amount: $163.03
Awarded to: Landlord
Reason: Water rates

Lock/key replacement

Amount: $183.94
Awarded to: Landlord
Reason: Lock/key replacement

Replace bifold doors

Amount: $820.98
Awarded to: Landlord
Reason: Replace bifold doors

Cleaning

Amount: $388.39
Awarded to: Landlord
Reason: Cleaning

Dismissed claims

Property Damage — This is because there is no evidence the door was undamaged at the start of the tenancy.

Claim types — money lines allowed on this order

Cleanliness Filing Fee Property damage Rubbish Removal Water Rates

Order

No application for suppression has been made in this case and no suppression orders apply around publication of this decision.
The claim for the replacement door is dismissed.
Filiafa Frank Faumuina must pay Team Group Rentals Limited Trading As Harcourts $3,564.47 immediately, calculated as shown in table below.
The Bond Centre is to pay the bond of $840.00 (5859297-003) to Team Group Rentals Limited Trading As Harcourts immediately.

Reasons

The landlord attended the hearing.
The landlord has applied for rent arrears, compensation, refund of the bond, and reimbursement of the filing fee following the end of the tenancy.

How much is owed for rent and water rates?

The tenancy ended on 26 August 2023. The landlord provided rent records and water rates invoices which prove the amount owing at the end of the tenancy.

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 (RTA).
The tenant did not leave the premises reasonably clean and tidy and did not remove all rubbish. I have seen photos and the amounts claimed seem reasonable to me. The tenant left a number of appliances, mattresses and couches which is why the rubbish claim is so high.
The tenant did not return the keys.
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.
The claim for a replacement door in the lounge is dismissed. This is because there is no evidence the door was undamaged at the start of the tenancy.
The claim for the bifold doors is allowed. The property manager at the hearing heard the tenant discuss the damage with the owner so I find there is supporting evidence the doors were damaged during the tenancy. I find the tenant removed the doors and did not inform the landlord. Only two of three doors could be found at the end of the tenancy, so all the doors had to be replaced. The damage is more than fair wear and tear, and the tenant has not disproved liability for the damage. The amounts ordered are proved. Other orders
Because the landlord has substantially succeeded with the claim I have reimbursed the filing fee.

Tenancy Tribunal case 4698130 — Cleanliness at 36 Matene Street, Otaki, Otaki 5512

At a glance

Tenancy Tribunal case 4698130 — Cleanliness at 36 Matene Street, Otaki, Otaki 5512

At a glance

Award balance

Claims & awards

Dismissed claims

Order

Reasons

How much is owed for rent and water rates?

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

Dismissed claims

Order

Reasons

How much is owed for rent and water rates?

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