What was the outcome of Tenancy Tribunal case 4753009?

The tribunal order states: Jade Bennett must pay Cooper & Co Real Estate Limited - Milford t/a Harcourts

How much money was awarded in case 4753009?

Cleaning: $169.00 awarded to landlord; Cleaning: $300.00 awarded to landlord; Filing Fee: $20.44 awarded to landlord; Outstanding Utility Charges: $1,208.02 awarded to landlord; Property Damage: $705.13 awarded to landlord; Property Damage: $149.50 awarded to landlord

What type of tenancy dispute was case 4753009?

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

Where can I read the official tribunal order for case 4753009?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/9965260-Tenancy_Tribunal_Order.pdf.

What was the outcome of Tenancy Tribunal case 4753009?

The tribunal order states: Jade Bennett must pay Cooper & Co Real Estate Limited - Milford t/a Harcourts

How much money was awarded in case 4753009?

Cleaning: $169.00 awarded to landlord; Cleaning: $300.00 awarded to landlord; Filing Fee: $20.44 awarded to landlord; Outstanding Utility Charges: $1,208.02 awarded to landlord; Property Damage: $705.13 awarded to landlord; Property Damage: $149.50 awarded to landlord

What type of tenancy dispute was case 4753009?

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

Where can I read the official tribunal order for case 4753009?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/9965260-Tenancy_Tribunal_Order.pdf.

Unit/Flat 410, 8 Ronayne Street, Auckland Central, Tenancy Tribunal Case 4753009 — Property damage

Reasons

Claims and awards in Tenancy Tribunal application 4753009 — net $1,272.09 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Outstanding utility charges	$1,208.02	Outstanding utility charges
Window repairs	$705.13	Window repairs
Cleaning	$300.00	Cleaning
Lock/key replacement	$149.50	Lock/key replacement
Carpet Cleaning	$169.00	Carpet Cleaning
Filing fee reimbursement	$20.44	Filing fee reimbursement
Net award	$1,272.09
Total payable by Tenant to Landlord	$1,272.09

The landlord attended the hearing. The tenant did not attend.

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

How much is owed for rent and utilities?

The tenancy ended on 2 November 2023. No rent arrears are owed.

The tenancy agreement requires the tenant to pay charges for gas, electricity and water. These premises are in a complex governed by a body corporate and the utility costs are invoiced to the landlord, who is entitled to reimbursement of the consumption based charges from the tenant.

The landlord provided the tenant Ledger and body corporate invoices which prove the amount owing at the end of the tenancy. The final charge was based on the daily average usage which I accept as a fair calculation of the tenant’s gas and water usage costs.

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.

Photographs from the final inspection show that while for the most part the premises had been emptied and left tidy, in some respects the tenant did not leave the premises reasonably clean. There was accumulated grime and smoke residues on surfaces which needed to be more thoroughly cleaned.

The landlord arranged for commercial cleaning of the premises which was the only cleaning done before the premises were sold. The tenant’s obligation is to leave the premises reasonably clean and tidy, not to indemnify the landlord against all costs associated with having the premises market ready. For that reason, I have awarded compensation in an amount slightly less than the landlord’s cleaning cost.

Evidence provided by the landlord satisfies me that the tenant, in breach of the agreement, smoked inside the premises and the lingering odour required that the carpets be commercially cleaned. The landlord is entitled to be reimbursed their cleaning costs which are approved by the invoice provided.

The tenant did not return the keys and the landlord is entitled to be reimbursed the cost of changing the locks as proved by the invoice provided.

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.

During the tenancy a window in one of the bedrooms was broken. Correspondence between the parties shows that the tenant was responsible for the break and the landlord is entitled to be reimbursed the repair costs, which are proved by the invoice provided. The repair cost is unusually high because of access issues. The landlord has proved that the excess on the landlord’s insurance would be higher than the repair costs claimed.

Because Cooper & Co Real Estate Limited - Milford t/a Harcourts has succeeded with the claim I must reimburse the filing fee.

Claims and awards in Tenancy Tribunal application 4753009 — net $1,272.09 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Outstanding utility charges	$1,208.02	Outstanding utility charges
Window repairs	$705.13	Window repairs
Cleaning	$300.00	Cleaning
Lock/key replacement	$149.50	Lock/key replacement
Carpet Cleaning	$169.00	Carpet Cleaning
Filing fee reimbursement	$20.44	Filing fee reimbursement
Net award	$1,272.09
Total payable by Tenant to Landlord	$1,272.09

Order

Jade Bennett must pay Cooper & Co Real Estate Limited - Milford t/a Harcourts $1,272.09 immediately, calculated as shown in the table below.
The Bond Centre is to pay the bond of $1,280.00 (5350099-006) to Cooper & Co Real Estate Limited - Milford T/As Harcourts immediately.

Reasons

The landlord attended the hearing. The tenant did not attend.
The landlord has applied for compensation, refund of the bond, and reimbursement of the filing fee following the end of the tenancy.

How much is owed for rent and utilities?

The tenancy ended on 2 November 2023. No rent arrears are owed.
The tenancy agreement requires the tenant to pay charges for gas, electricity and water. These premises are in a complex governed by a body corporate and the utility costs are invoiced to the landlord, who is entitled to reimbursement of the consumption based charges from the tenant.
The landlord provided the tenant Ledger and body corporate invoices which prove the amount owing at the end of the tenancy. The final charge was based on the daily average usage which I accept as a fair calculation of the tenant’s gas and water usage costs.

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.
Photographs from the final inspection show that while for the most part the premises had been emptied and left tidy, in some respects the tenant did not leave the premises reasonably clean. There was accumulated grime and smoke residues on surfaces which needed to be more thoroughly cleaned.
The landlord arranged for commercial cleaning of the premises which was the only cleaning done before the premises were sold. The tenant’s obligation is to leave the premises reasonably clean and tidy, not to indemnify the landlord against all costs associated with having the premises market ready. For that reason, I have awarded compensation in an amount slightly less than the landlord’s cleaning cost.
Evidence provided by the landlord satisfies me that the tenant, in breach of the agreement, smoked inside the premises and the lingering odour required that the carpets be commercially cleaned. The landlord is entitled to be reimbursed their cleaning costs which are approved by the invoice provided.
The tenant did not return the keys and the landlord is entitled to be reimbursed the cost of changing the locks as proved by the invoice provided.

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.
During the tenancy a window in one of the bedrooms was broken. Correspondence between the parties shows that the tenant was responsible for the break and the landlord is entitled to be reimbursed the repair costs, which are proved by the invoice provided. The repair cost is unusually high because of access issues. The landlord has proved that the excess on the landlord’s insurance would be higher than the repair costs claimed.
Because Cooper & Co Real Estate Limited - Milford t/a Harcourts has succeeded with the claim I must reimburse the filing fee.

Tenancy Tribunal case 4753009 — Property damage at Unit/Flat 410, 8 Ronayne Street, Auckland Central,

At a glance

Tenancy Tribunal case 4753009 — Property damage at Unit/Flat 410, 8 Ronayne Street, Auckland Central,

At a glance

Award balance

Claims & awards

Order

Reasons

How much is owed for rent and utilities?

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

How much is owed for rent and utilities?

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