What was the outcome of Tenancy Tribunal case 4724974?

The tribunal order states: Sasha Sutton must pay Shelley Mitchell and Gordon Molesworth $3,123.08

How much money was awarded in case 4724974?

Cleaning: $150.00 awarded to landlord; Cleaning: $250.00 awarded to landlord; Clothes Drier: $225.00 awarded to landlord; Door Stoppers: $25.00 awarded to landlord; Filing Fee: $20.44 awarded to landlord; Kitchen Tap: $209.27 awarded to landlord; Laundry Cabinet: $599.00 awarded to landlord; Lightbulbs: $23.92 awarded to landlord; Property Damage: $341.25 awarded to landlord; Property Damage: $650.00 awarded to landlord; Meter Box: $435.00 awarded to landlord; Rubbish Removal: $57.66 awarded to landlord; Sink Mixer: $123.54 awarded to landlord; Sink Waste: $13.00 awarded to landlord

What type of tenancy dispute was case 4724974?

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

Where can I read the official tribunal order for case 4724974?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/10061186-Tenancy_Tribunal_Order.pdf.

What was the outcome of Tenancy Tribunal case 4724974?

The tribunal order states: Sasha Sutton must pay Shelley Mitchell and Gordon Molesworth $3,123.08

How much money was awarded in case 4724974?

Cleaning: $150.00 awarded to landlord; Cleaning: $250.00 awarded to landlord; Clothes Drier: $225.00 awarded to landlord; Door Stoppers: $25.00 awarded to landlord; Filing Fee: $20.44 awarded to landlord; Kitchen Tap: $209.27 awarded to landlord; Laundry Cabinet: $599.00 awarded to landlord; Lightbulbs: $23.92 awarded to landlord; Property Damage: $341.25 awarded to landlord; Property Damage: $650.00 awarded to landlord; Meter Box: $435.00 awarded to landlord; Rubbish Removal: $57.66 awarded to landlord; Sink Mixer: $123.54 awarded to landlord; Sink Waste: $13.00 awarded to landlord

What type of tenancy dispute was case 4724974?

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

Where can I read the official tribunal order for case 4724974?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/10061186-Tenancy_Tribunal_Order.pdf.

221 Henderson Valley Road, Henderson, Auckland 0612 Tenancy Tribunal Case 4724974 — Property damage

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221 Henderson Valley Road, Henderson, Auckland 0612 Tenancy Tribunal Case 4724974 — Property damage | 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 4724974 — net $3,123.08 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Cleaning: Exterior	$150.00	Cleaning: Exterior
Rubbish removal	$57.66	Rubbish removal
Window repairs	$341.25	Window repairs
Door stoppers	$25.00	Door stoppers
Sink waste	$13.00	Sink waste
Repairs: Meter box	$435.00	Repairs: Meter box
Light bulbs/batteries	$23.92	Light bulbs/batteries
Laundry cabinet	$599.00	Laundry cabinet
Kitchen tap	$209.27	Kitchen tap
Sink mixer	$123.54	Sink mixer
Clothes drier	$225.00	Clothes drier
Cleaning: Interior	$250.00	Cleaning: Interior
Fridge insurance excess	$650.00	Fridge insurance excess
Filing fee reimbursement	$20.44	Filing fee reimbursement
Net award	$3,123.08
Total payable by Tenant to Landlord	$3,123.08

Claims and awards for application 4724974 — net $3,123.08 NZD. Verify on MoJ.

Cleaning: Exterior

Amount: $150.00
Awarded to: Landlord
Reason: Cleaning: Exterior

Rubbish removal

Amount: $57.66
Awarded to: Landlord
Reason: Rubbish removal

Window repairs

Amount: $341.25
Awarded to: Landlord
Reason: Window repairs

Door stoppers

Amount: $25.00
Awarded to: Landlord
Reason: Door stoppers

Sink waste

Amount: $13.00
Awarded to: Landlord
Reason: Sink waste

Repairs: Meter box

Claim types — money lines allowed on this order

Cleanliness Filing Fee Property damage Rubbish Removal

Order

Sasha Sutton must pay Shelley Mitchell and Gordon Molesworth $3,123.08 immediately, calculated as shown in table below.

Reasons

Both parties attended the hearing.
The parties had attended mediation in December 2023 where agreement was reached in relation to all but three of the landlord’s claim. This order records the agreement reached.
The outstanding matters in dispute are the interior cleaning, replacement of a shelf in the kitchen and the insurance excess due to damage to the fridge. Cleaning
The landlord seeks $496.47 for interior cleaning. That amount is made up of $480.00 for time spent cleaning and $16.47 for cleaning supplies.
Section 40(1)(e)(iii) Residential Services Act states that the tenant shall on termination of the tenancy leave the premises in a reasonably clean and reasonably tidy condition.
The landlord produced photographs in support of the claim.
It is clear from the photographs that some extra cleaning was required for the premises to be reasonably clean. However, the amount of cleaning carried out appears to be more than what was necessary for the premises to be reasonably clean. I have assessed the amount of cleaning required and order $250.00 accordingly. Shelf replacement
There are two shelves in the kitchen. They are covered with what appears to be a black vinyl or plastic wrap. On one corner of one of the shelves the wrap has lifted.
The landlord says that the shelves were new when the tenancy began so are therefore four years old.
It is not clear that the damage to the shelf was intentionally done or caused by a careless act or omission by the tenant. It seems that the damage to the shelf is more likely fair wear and tear that the tenant is not responsible for (see section 49A(2) Residential Tenancies Act).
I also note that it is not clear that the shelf requires replacement and instead a repair of the wrap may have sufficed.
The landlord’s claim in respect of the shelf is dismissed. Fridge
The landlord seeks that the tenant pays the insurance excess in relation to the damaged fridge. The insurance excess is $650.00.
The landlord produced photographs showing the fridge at the beginning of the tenancy and the end of the tenancy. The fridge has been damaged during the tenancy.
The tenant is liable for the insurance excess as claimed.
Because Shelley Mitchell, Gordon Molesworth 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 4724974 — net $3,123.08 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Cleaning: Exterior	$150.00	Cleaning: Exterior
Rubbish removal	$57.66	Rubbish removal
Window repairs	$341.25	Window repairs
Door stoppers	$25.00	Door stoppers
Sink waste	$13.00	Sink waste
Repairs: Meter box	$435.00	Repairs: Meter box
Light bulbs/batteries	$23.92	Light bulbs/batteries
Laundry cabinet	$599.00	Laundry cabinet
Kitchen tap	$209.27	Kitchen tap
Sink mixer	$123.54	Sink mixer
Clothes drier	$225.00	Clothes drier
Cleaning: Interior	$250.00	Cleaning: Interior
Fridge insurance excess	$650.00	Fridge insurance excess
Filing fee reimbursement	$20.44	Filing fee reimbursement
Net award	$3,123.08
Total payable by Tenant to Landlord	$3,123.08

Claims and awards for application 4724974 — net $3,123.08 NZD. Verify on MoJ.

Cleaning: Exterior

Amount: $150.00
Awarded to: Landlord
Reason: Cleaning: Exterior

Rubbish removal

Amount: $57.66
Awarded to: Landlord
Reason: Rubbish removal

Window repairs

Amount: $341.25
Awarded to: Landlord
Reason: Window repairs

Door stoppers

Amount: $25.00
Awarded to: Landlord
Reason: Door stoppers

Sink waste

Amount: $13.00
Awarded to: Landlord
Reason: Sink waste

Repairs: Meter box

Claim types — money lines allowed on this order

Cleanliness Filing Fee Property damage Rubbish Removal

Order

Sasha Sutton must pay Shelley Mitchell and Gordon Molesworth $3,123.08 immediately, calculated as shown in table below.

Reasons

Both parties attended the hearing.
The parties had attended mediation in December 2023 where agreement was reached in relation to all but three of the landlord’s claim. This order records the agreement reached.
The outstanding matters in dispute are the interior cleaning, replacement of a shelf in the kitchen and the insurance excess due to damage to the fridge. Cleaning
The landlord seeks $496.47 for interior cleaning. That amount is made up of $480.00 for time spent cleaning and $16.47 for cleaning supplies.
Section 40(1)(e)(iii) Residential Services Act states that the tenant shall on termination of the tenancy leave the premises in a reasonably clean and reasonably tidy condition.
The landlord produced photographs in support of the claim.
It is clear from the photographs that some extra cleaning was required for the premises to be reasonably clean. However, the amount of cleaning carried out appears to be more than what was necessary for the premises to be reasonably clean. I have assessed the amount of cleaning required and order $250.00 accordingly. Shelf replacement
There are two shelves in the kitchen. They are covered with what appears to be a black vinyl or plastic wrap. On one corner of one of the shelves the wrap has lifted.
The landlord says that the shelves were new when the tenancy began so are therefore four years old.
It is not clear that the damage to the shelf was intentionally done or caused by a careless act or omission by the tenant. It seems that the damage to the shelf is more likely fair wear and tear that the tenant is not responsible for (see section 49A(2) Residential Tenancies Act).
I also note that it is not clear that the shelf requires replacement and instead a repair of the wrap may have sufficed.
The landlord’s claim in respect of the shelf is dismissed. Fridge
The landlord seeks that the tenant pays the insurance excess in relation to the damaged fridge. The insurance excess is $650.00.
The landlord produced photographs showing the fridge at the beginning of the tenancy and the end of the tenancy. The fridge has been damaged during the tenancy.
The tenant is liable for the insurance excess as claimed.
Because Shelley Mitchell, Gordon Molesworth has substantially succeeded with the claim I have reimbursed the filing fee.

Tenancy Tribunal case 4724974 — Property damage at 221 Henderson Valley Road, Henderson, Auckland 0612

At a glance

Tenancy Tribunal case 4724974 — Property damage at 221 Henderson Valley Road, Henderson, Auckland 0612

At a glance

Award balance

Claims & awards

Order

Reasons

Topics & place

Residential Tenancies Act sections

Key findings

Frequently asked questions

Award balance

Claims & awards

Order

Reasons

Topics & place

Residential Tenancies Act sections

Key findings

Frequently asked questions