What was the outcome of Tenancy Tribunal case 4754511?

The tribunal order states: Kelly Wairaka Tumai must pay Lodge City Rentals Limited as Agent for Bentley

How much money was awarded in case 4754511?

Cleaning: $552.00 awarded to landlord; Filing Fee: $20.44 awarded to landlord; Install TV: $105.23 awarded to landlord; Bedroom Walls: $517.50 awarded to landlord; Replace furnishings: bedside cupboar…: $99.00 awarded to landlord; Replace Furnishings: Microwave: $177.10 awarded to landlord; Replace Furnishings: TV: $349.00 awarded to landlord

What type of tenancy dispute was case 4754511?

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

Where can I read the official tribunal order for case 4754511?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/10316184-Tenancy_Tribunal_Order.pdf.

What was the outcome of Tenancy Tribunal case 4754511?

The tribunal order states: Kelly Wairaka Tumai must pay Lodge City Rentals Limited as Agent for Bentley

How much money was awarded in case 4754511?

Cleaning: $552.00 awarded to landlord; Filing Fee: $20.44 awarded to landlord; Install TV: $105.23 awarded to landlord; Bedroom Walls: $517.50 awarded to landlord; Replace furnishings: bedside cupboar…: $99.00 awarded to landlord; Replace Furnishings: Microwave: $177.10 awarded to landlord; Replace Furnishings: TV: $349.00 awarded to landlord

What type of tenancy dispute was case 4754511?

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

Where can I read the official tribunal order for case 4754511?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/10316184-Tenancy_Tribunal_Order.pdf.

Unit/Flat 4B, 11 Ingram Street, Papakura, Papakura 2110 Tenancy Tribunal Case 4754511 — Cleanliness

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Unit/Flat 4B, 11 Ingram Street, Papakura, Papakura 2110 Tenancy Tribunal Case 4754511 — 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 4754511 — net $1,820.27 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Replace furnishings: TV	$349.00	Replace furnishings: TV
Install TV	$105.23	Install TV
Cleaning	$552.00	Cleaning
Repairs: bedroom walls	$517.50	Repairs: bedroom walls
Replace furnishings: microwave	$177.10	Replace furnishings: microwave
Replace furnishings: bedside cupboard	$99.00	Replace furnishings: bedside cupboard
Filing fee reimbursement	$20.44	Filing fee reimbursement
Net award	$1,820.27
Total payable by Tenant to Landlord	$1,820.27

Claims and awards for application 4754511 — net $1,820.27 NZD. Verify on MoJ.

Replace furnishings: TV

Amount: $349.00
Awarded to: Landlord
Reason: Replace furnishings: TV

Install TV

Amount: $105.23
Awarded to: Landlord
Reason: Install TV

Cleaning

Amount: $552.00
Awarded to: Landlord
Reason: Cleaning

Repairs: bedroom walls

Amount: $517.50
Awarded to: Landlord
Reason: Repairs: bedroom walls

Replace furnishings: microwave

Amount: $177.10
Awarded to: Landlord
Reason: Replace furnishings: microwave

Claim types — money lines allowed on this order

Cleanliness Filing Fee Property damage

Order

Kelly Wairaka Tumai must pay Lodge City Rentals Limited as Agent for Bentley Studios Ltd $1,820.27 immediately, calculated as shown in the table below.

Reasons

The landlord attended the hearing today.
The landlord has applied for compensation and reimbursement of the filing fee following the end of the tenancy on 15 November 2023, pursuant to the Tribunal’s order.

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.
The tenant did not leave the premises reasonably clean and tidy and did not remove all rubbish. The walls and floors of the premises had to be cleaned throughout because the tenant had left lots of personal belongings behind, which had to be removed ($552.00).
The microwave was missing at the end of the tenancy. It is shown in the ingoing inspection report. The cost of replacement was $177.10.

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.
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 4 weeks' rent. The insurance excess was $650.00.
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.
The wall-mounted TV was smashed at the end of the tenancy and had to be disposed of and replaced. There was damage to the walls of a bedroom and to the drawer of a bedroom cupboard. The landlord claimed $690.00 for the wall damage. This seems a little excessive for the damage visible in the photographs (I note the landlord said the photographs did not show all the damage). The walls were about 3 years’ old and in near-new condition at the start of the tenancy. Although painting costs can be very expensive currently, some allowance should be made for depreciation. I award 75% of the painting cost ($517.50).
The bedside cupboard was replaced at a cost of $99.00. The damage visible in the photographs (which are small) seems quite minor. However, the tracks of the bottom door were broken. Repair of the areas affected may not have been a more cost-effective option. I award the cost of a replacement cupboard.
The damage is more than fair wear and tear, and the tenant has not disproved liability for the damage. Filing fee
The landlord’s application has succeeded. I award 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 4754511 — net $1,820.27 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Replace furnishings: TV	$349.00	Replace furnishings: TV
Install TV	$105.23	Install TV
Cleaning	$552.00	Cleaning
Repairs: bedroom walls	$517.50	Repairs: bedroom walls
Replace furnishings: microwave	$177.10	Replace furnishings: microwave
Replace furnishings: bedside cupboard	$99.00	Replace furnishings: bedside cupboard
Filing fee reimbursement	$20.44	Filing fee reimbursement
Net award	$1,820.27
Total payable by Tenant to Landlord	$1,820.27

Claims and awards for application 4754511 — net $1,820.27 NZD. Verify on MoJ.

Replace furnishings: TV

Amount: $349.00
Awarded to: Landlord
Reason: Replace furnishings: TV

Install TV

Amount: $105.23
Awarded to: Landlord
Reason: Install TV

Cleaning

Amount: $552.00
Awarded to: Landlord
Reason: Cleaning

Repairs: bedroom walls

Amount: $517.50
Awarded to: Landlord
Reason: Repairs: bedroom walls

Replace furnishings: microwave

Amount: $177.10
Awarded to: Landlord
Reason: Replace furnishings: microwave

Claim types — money lines allowed on this order

Cleanliness Filing Fee Property damage

Order

Kelly Wairaka Tumai must pay Lodge City Rentals Limited as Agent for Bentley Studios Ltd $1,820.27 immediately, calculated as shown in the table below.

Reasons

The landlord attended the hearing today.
The landlord has applied for compensation and reimbursement of the filing fee following the end of the tenancy on 15 November 2023, pursuant to the Tribunal’s order.

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.
The tenant did not leave the premises reasonably clean and tidy and did not remove all rubbish. The walls and floors of the premises had to be cleaned throughout because the tenant had left lots of personal belongings behind, which had to be removed ($552.00).
The microwave was missing at the end of the tenancy. It is shown in the ingoing inspection report. The cost of replacement was $177.10.

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.
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 4 weeks' rent. The insurance excess was $650.00.
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.
The wall-mounted TV was smashed at the end of the tenancy and had to be disposed of and replaced. There was damage to the walls of a bedroom and to the drawer of a bedroom cupboard. The landlord claimed $690.00 for the wall damage. This seems a little excessive for the damage visible in the photographs (I note the landlord said the photographs did not show all the damage). The walls were about 3 years’ old and in near-new condition at the start of the tenancy. Although painting costs can be very expensive currently, some allowance should be made for depreciation. I award 75% of the painting cost ($517.50).
The bedside cupboard was replaced at a cost of $99.00. The damage visible in the photographs (which are small) seems quite minor. However, the tracks of the bottom door were broken. Repair of the areas affected may not have been a more cost-effective option. I award the cost of a replacement cupboard.
The damage is more than fair wear and tear, and the tenant has not disproved liability for the damage. Filing fee
The landlord’s application has succeeded. I award the filing fee.

Tenancy Tribunal case 4754511 — Cleanliness at Unit/Flat 4B, 11 Ingram Street, Papakura, Papakura 2110

At a glance

Tenancy Tribunal case 4754511 — Cleanliness at Unit/Flat 4B, 11 Ingram Street, Papakura, Papakura 2110

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

Key findings

Property management

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

Key findings

Property management

Frequently asked questions