What was the outcome of Tenancy Tribunal case 4720829?

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

How much money was awarded in case 4720829?

Cleaning: $900.00 awarded to landlord; Cleaning: $483.00 awarded to landlord; Filing Fee: $20.44 awarded to landlord; Lawns and Garden Work: $295.00 awarded to landlord; Rubbish Removal: $722.20 awarded to landlord

What type of tenancy dispute was case 4720829?

The primary dispute was Cleanliness.

Where can I read the official tribunal order for case 4720829?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/9847995-Tenancy_Tribunal_Order.pdf.

What was the outcome of Tenancy Tribunal case 4720829?

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

How much money was awarded in case 4720829?

Cleaning: $900.00 awarded to landlord; Cleaning: $483.00 awarded to landlord; Filing Fee: $20.44 awarded to landlord; Lawns and Garden Work: $295.00 awarded to landlord; Rubbish Removal: $722.20 awarded to landlord

What type of tenancy dispute was case 4720829?

The primary dispute was Cleanliness.

Where can I read the official tribunal order for case 4720829?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/9847995-Tenancy_Tribunal_Order.pdf.

Unit/Flat A, 15 van Dyke Place, West Harbour, Auckland Tenancy Tribunal Case 4720829 — Cleanliness

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Unit/Flat A, 15 van Dyke Place, West Harbour, Auckland Tenancy Tribunal Case 4720829 — 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 4720829 — net $780.64 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Exit cleaning	$483.00	Exit cleaning
Rubbish removal	$722.20	Rubbish removal
Lawns and Garden work: Repairing damage	$295.00	Lawns and Garden work: Repairing damage
Carpet Cleaning: Replacing carpet	$900.00	Carpet Cleaning: Replacing carpet
Filing fee reimbursement	$20.44	Filing fee reimbursement
Net award	$780.64
Total payable by Tenant to Landlord	$780.64

Claims and awards for application 4720829 — net $780.64 NZD. Verify on MoJ.

Exit cleaning

Amount: $483.00
Awarded to: Landlord
Reason: Exit cleaning

Rubbish removal

Amount: $722.20
Awarded to: Landlord
Reason: Rubbish removal

Lawns and Garden work: Repairing damage

Amount: $295.00
Awarded to: Landlord
Reason: Lawns and Garden work: Repairing damage

Carpet Cleaning: Replacing carpet

Amount: $900.00
Awarded to: Landlord
Reason: Carpet Cleaning: Replacing carpet

Filing fee reimbursement

Amount: $20.44
Awarded to: Landlord
Reason: Filing fee reimbursement

Claim types — money lines allowed on this order

Carpet Cleaning Cleanliness Filing Fee Lawns And Garden Work Rubbish Removal

Order

No application for suppression has been made in this case and no suppression orders apply around publication of this decision.
The tenant’s application for rehearing is dismissed.
The Bond Centre is to pay the bond of $1,640.00 (6476225-003) to Razia Nisa as Agent For Rohan Wijeratne immediately.
Raewyn Martha Bennett must pay Razia Nisa as Agent For Rohan Wijeratne $780.64 immediately, calculated as shown in table below.

Reasons

The landlord attended the hearing. The tenant did not.
As the tenant did not attend the hearing despite the tenant applying for the rehearing of application 4626010 in relation to the order dated 28 th August 2023, the tenant’s application for rehearing is dismissed. The order dated 28 th August 2023 stands.
For the record, I note that the tenant was given an opportunity to attend via teleconference if she wished when she called the Tenancy Tribunal approximately 30 minutes prior to the scheduled hearing time. The tenant declined to attend at all.
The landlord has applied for compensation, refund of the bond, and reimbursement of the filing fee following 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. See section 40(1)(e) Residential Tenancies Act 1986 (“RTA”).
Having seen the photos and the invoices, I find that the tenant did not leave the premises reasonably clean and tidy, and did not remove all rubbish.
The amounts ordered above are proved.

Is the tenant responsible for the damage to the premises?

The landlord also claimed for damaged lawn due to the tenant parking her car in an area not designed for parking, and for damaged carpet due to cat urine and faeces.
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.
Where the damage is caused carelessly, and is covered by the landlord's insurance, the tenant's liability is limited to the lesser of the insurance excess or four weeks' rent. See section 49B(3)(a) RTA.
Where the damage is careless and is not covered by the landlord's insurance, the tenant's liability is limited to four weeks' rent.
I find that the damage to the lawn and the carpet is more than fair wear and tear, and the tenant has not disproved liability for the damage. 4720829, 46260103
I find that the damages were carelessly caused.
I have taken into account betterment and depreciation. The landlord should be returned to the position they would have been in had the tenant not breached their obligations, and should not be better or worse off. In calculating depreciation, I have taken into account the age and condition of the items at the start of the tenancy and their likely useful lifespan.
The amounts ordered above are proved.
Because the landlord has wholly succeeded with the claim, the tenant must reimburse the filing fee also.

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 4720829 — net $780.64 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Exit cleaning	$483.00	Exit cleaning
Rubbish removal	$722.20	Rubbish removal
Lawns and Garden work: Repairing damage	$295.00	Lawns and Garden work: Repairing damage
Carpet Cleaning: Replacing carpet	$900.00	Carpet Cleaning: Replacing carpet
Filing fee reimbursement	$20.44	Filing fee reimbursement
Net award	$780.64
Total payable by Tenant to Landlord	$780.64

Claims and awards for application 4720829 — net $780.64 NZD. Verify on MoJ.

Exit cleaning

Amount: $483.00
Awarded to: Landlord
Reason: Exit cleaning

Rubbish removal

Amount: $722.20
Awarded to: Landlord
Reason: Rubbish removal

Lawns and Garden work: Repairing damage

Amount: $295.00
Awarded to: Landlord
Reason: Lawns and Garden work: Repairing damage

Carpet Cleaning: Replacing carpet

Amount: $900.00
Awarded to: Landlord
Reason: Carpet Cleaning: Replacing carpet

Filing fee reimbursement

Amount: $20.44
Awarded to: Landlord
Reason: Filing fee reimbursement

Claim types — money lines allowed on this order

Carpet Cleaning Cleanliness Filing Fee Lawns And Garden Work Rubbish Removal

Order

No application for suppression has been made in this case and no suppression orders apply around publication of this decision.
The tenant’s application for rehearing is dismissed.
The Bond Centre is to pay the bond of $1,640.00 (6476225-003) to Razia Nisa as Agent For Rohan Wijeratne immediately.
Raewyn Martha Bennett must pay Razia Nisa as Agent For Rohan Wijeratne $780.64 immediately, calculated as shown in table below.

Reasons

The landlord attended the hearing. The tenant did not.
As the tenant did not attend the hearing despite the tenant applying for the rehearing of application 4626010 in relation to the order dated 28 th August 2023, the tenant’s application for rehearing is dismissed. The order dated 28 th August 2023 stands.
For the record, I note that the tenant was given an opportunity to attend via teleconference if she wished when she called the Tenancy Tribunal approximately 30 minutes prior to the scheduled hearing time. The tenant declined to attend at all.
The landlord has applied for compensation, refund of the bond, and reimbursement of the filing fee following 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. See section 40(1)(e) Residential Tenancies Act 1986 (“RTA”).
Having seen the photos and the invoices, I find that the tenant did not leave the premises reasonably clean and tidy, and did not remove all rubbish.
The amounts ordered above are proved.

Is the tenant responsible for the damage to the premises?

The landlord also claimed for damaged lawn due to the tenant parking her car in an area not designed for parking, and for damaged carpet due to cat urine and faeces.
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.
Where the damage is caused carelessly, and is covered by the landlord's insurance, the tenant's liability is limited to the lesser of the insurance excess or four weeks' rent. See section 49B(3)(a) RTA.
Where the damage is careless and is not covered by the landlord's insurance, the tenant's liability is limited to four weeks' rent.
I find that the damage to the lawn and the carpet is more than fair wear and tear, and the tenant has not disproved liability for the damage. 4720829, 46260103
I find that the damages were carelessly caused.
I have taken into account betterment and depreciation. The landlord should be returned to the position they would have been in had the tenant not breached their obligations, and should not be better or worse off. In calculating depreciation, I have taken into account the age and condition of the items at the start of the tenancy and their likely useful lifespan.
The amounts ordered above are proved.
Because the landlord has wholly succeeded with the claim, the tenant must reimburse the filing fee also.

Tenancy Tribunal case 4720829 — Cleanliness at Unit/Flat A, 15 van Dyke Place, West Harbour, Auckland

At a glance

Tenancy Tribunal case 4720829 — Cleanliness at Unit/Flat A, 15 van Dyke Place, West Harbour, Auckland

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

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

Frequently asked questions