What was the outcome of Tenancy Tribunal case 4756190?

The tribunal order states: Varun Vaish and Maneesha Hewage to pay 360 Property Management Limited

How much money was awarded in case 4756190?

Cleaning: $402.50 awarded to landlord; Filing Fee: $20.44 awarded to landlord; Lawns and Garden Work: $407.50 awarded to landlord; Property Damage: $663.00 awarded to landlord; Rubbish Removal: $200.00 awarded to landlord

What type of tenancy dispute was case 4756190?

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

Where can I read the official tribunal order for case 4756190?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/10019419-Tenancy_Tribunal_Order.pdf.

What was the outcome of Tenancy Tribunal case 4756190?

The tribunal order states: Varun Vaish and Maneesha Hewage to pay 360 Property Management Limited

How much money was awarded in case 4756190?

Cleaning: $402.50 awarded to landlord; Filing Fee: $20.44 awarded to landlord; Lawns and Garden Work: $407.50 awarded to landlord; Property Damage: $663.00 awarded to landlord; Rubbish Removal: $200.00 awarded to landlord

What type of tenancy dispute was case 4756190?

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

Where can I read the official tribunal order for case 4756190?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/10019419-Tenancy_Tribunal_Order.pdf.

Unit/Flat 2, 12 Skelton Avenue, Randwick Park, Auckland Tenancy Tribunal Case 4756190 — Property damage

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Order

Claims and awards in Tenancy Tribunal application 4756190 — net $1,693.44 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Cleaning	$402.50	Cleaning
Rubbish removal	$200.00	Rubbish removal
Lawns and Garden work	$407.50	Lawns and Garden work
Repairs to walls and ceilings	$663.00	Repairs to walls and ceilings
Filing fee reimbursement	$20.44	Filing fee reimbursement
Net award	$1,693.44
Bond	$1,800.00
Total payable by Tenant to Landlord	$1,693.44

Varun Vaish and Maneesha Hewage to pay 360 Property Management Limited As Agent For Kelly Soorty $1,693.44 from the bond, calculated as shown in the table below.

The Bond Centre is to pay the bond of $1,800.00 (6047985-009) immediately apportioned as follows: 360 Property Management Limited As Agent For Kelly Soorty: $1,693.44 Varun Vaish and Maneesha Hewage: $106.56

Reasons

Both parties attended the hearing on 27 February 2024.

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

The tenancy ran from 3 September 2019 to 21 September 2023. Cleaning, Rubbish Removal, Garden

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 landlord claimed $402.50 for cleaning. The landlord said there was a need for cleaning to the kitchen doors, toilet, and there were stains in the lounge. The tenant essentially submitted that the claim was excessive.

There was a need for some cleaning, as might be expected after a 4-year tenancy. It is not easy to identify this in the landlord’s photographs. There was some staining to the lounge carpet and marks on the lounge walls. The oven and some cupboards would have needed wiping, but otherwise the kitchen was left reasonably clean. There was some staining to the carpets in bedrooms 1 and 2.

Tenants are not liable for the cost of professional cleaning to bring premises to a standard suitable for letting; the premises need only be reasonably clean. I find that the toilet, kitchen cupboards, oven, and some of the carpets did not meet the reasonably clean standard. The claim for cleaning was $287.50 which appears reasonable. The claim for carpet cleaning was $115.00 which again does not appear excessive. I award the amounts claimed for cleaning.

The landlord claimed $448.50 for rubbish removal. The landlord’s photographs do not show much rubbish. The landlord said he also had photographs of furniture on the carport roof, but these were not provided. The Tribunal was shown photographs of the garden which appeared to show bits of plastic or paper caught in the overgrowth. The tenant said that the landlord was claiming disposal costs in respect of rubbish that would have been taken as part of the regular Council collection the following week. The landlord responded that the tenant’s obligation was to remove rubbish at the end of the tenancy, and this was not done.

The Residential Tenancies Act 1986 (the Act) imposes on tenants an obligation to remove all rubbish at the end of the tenancy, or to arrange for its removal (section 40(1)(e)(iii)). Landlords have a duty to mitigate their loss. I consider the tenant “arranged” for the removal of the rubbish by filling up the red- and yellow- lidded Council bins (for general refuse and recycling). Even if that is not correct, the landlord could reasonably have mitigated a significant part of the loss by leaving the rubbish bins for the Council’s collection. I award $200.00 for disposal of the remaining rubbish.

The lawns were very overgrown at the end of the tenancy. The tenant did not dispute the gardening cost which I find to be reasonable ($407.50). Repair Costs

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.

Where the damage is careless and is not covered by the landlord's insurance, the tenant's liability is limited to 4 weeks’ rent. I was told that the landlord does not have insurance. The weekly rent was $475.00.

The landlord claimed repair costs totalling $663.00.

There was damage to a windowsill during the tenancy. There was a large hole in the lounge wall. The ceilings of 2 rooms had to be repainted due to stickers being affixed. I did not understand the tenant to dispute the repair costs. The damage is more than fair wear and tear, and the tenant has not disproved liability for the damage. Filing fee

The landlord’s claim has been largely successful. I award the filing fee.

Order

Claims and awards in Tenancy Tribunal application 4756190 — net $1,693.44 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Cleaning	$402.50	Cleaning
Rubbish removal	$200.00	Rubbish removal
Lawns and Garden work	$407.50	Lawns and Garden work
Repairs to walls and ceilings	$663.00	Repairs to walls and ceilings
Filing fee reimbursement	$20.44	Filing fee reimbursement
Net award	$1,693.44
Bond	$1,800.00
Total payable by Tenant to Landlord	$1,693.44

Varun Vaish and Maneesha Hewage to pay 360 Property Management Limited As Agent For Kelly Soorty $1,693.44 from the bond, calculated as shown in the table below.

Reasons

Both parties attended the hearing on 27 February 2024.

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

The tenancy ran from 3 September 2019 to 21 September 2023. Cleaning, Rubbish Removal, Garden

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 lawns were very overgrown at the end of the tenancy. The tenant did not dispute the gardening cost which I find to be reasonable ($407.50). Repair Costs

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 landlord claimed repair costs totalling $663.00.

The landlord’s claim has been largely successful. I award the filing fee.

Tenancy Tribunal case 4756190 — Property damage at Unit/Flat 2, 12 Skelton Avenue, Randwick Park, Auckland

At a glance

Tenancy Tribunal case 4756190 — Property damage at Unit/Flat 2, 12 Skelton Avenue, Randwick Park, Auckland

At a glance

Award balance

Claims & awards

Order

Reasons

Topics & place

Residential Tenancies Act sections

Key findings

Property management

Frequently asked questions

Award balance

Claims & awards

Order

Reasons

Topics & place

Residential Tenancies Act sections

Key findings

Property management

Frequently asked questions