What was the outcome of Tenancy Tribunal case 4757680?

The tribunal order states: Matthew Simpson Smith must pay Kech Property Management Limited Trading

How much money was awarded in case 4757680?

Cleaning: $309.35 awarded to landlord; Cleaning: $316.25 awarded to landlord; Filing Fee: $20.44 awarded to landlord; Lawns and Garden Work: $862.50 awarded to landlord; Property Damage: $395.51 awarded to landlord; Removal Of Belongings To Storage: $713.00 awarded to landlord

What type of tenancy dispute was case 4757680?

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

Where can I read the official tribunal order for case 4757680?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/10204661-Tenancy_Tribunal_Order.pdf.

What was the outcome of Tenancy Tribunal case 4757680?

The tribunal order states: Matthew Simpson Smith must pay Kech Property Management Limited Trading

How much money was awarded in case 4757680?

Cleaning: $309.35 awarded to landlord; Cleaning: $316.25 awarded to landlord; Filing Fee: $20.44 awarded to landlord; Lawns and Garden Work: $862.50 awarded to landlord; Property Damage: $395.51 awarded to landlord; Removal Of Belongings To Storage: $713.00 awarded to landlord

What type of tenancy dispute was case 4757680?

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

Where can I read the official tribunal order for case 4757680?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/10204661-Tenancy_Tribunal_Order.pdf.

14 Darwin Street, Karori, Wellington 6012 Tenancy Tribunal Case 4757680 — Cleanliness

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14 Darwin Street, Karori, Wellington 6012 Tenancy Tribunal Case 4757680 — 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 4757680 — net $1,942.49 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Lawns and Garden work	$862.50	Lawns and Garden work
Cleaning and repairs	$316.25	Cleaning and repairs
Lock/key replacement	$395.51	Lock/key replacement
Removal of belongings to storage	$713.00	Removal of belongings to storage
Carpet Cleaning	$309.35	Carpet Cleaning
Filing fee reimbursement	$20.44	Filing fee reimbursement
Net award	$1,942.49
Total payable by Tenant to Landlord	$1,942.49

Claims and awards for application 4757680 — net $1,942.49 NZD. Verify on MoJ.

Lawns and Garden work

Amount: $862.50
Awarded to: Landlord
Reason: Lawns and Garden work

Cleaning and repairs

Amount: $316.25
Awarded to: Landlord
Reason: Cleaning and repairs

Lock/key replacement

Amount: $395.51
Awarded to: Landlord
Reason: Lock/key replacement

Removal of belongings to storage

Amount: $713.00
Awarded to: Landlord
Reason: Removal of belongings to storage

Carpet Cleaning

Amount: $309.35
Awarded to: Landlord
Reason: Carpet Cleaning

Claim types — money lines allowed on this order

Carpet Cleaning Cleanliness Filing Fee Lawns And Garden Work Property damage

Order

Matthew Simpson Smith must pay Kech Property Management Limited Trading As Quinovic Property Management As Agent For E Bishop $1,942.49 immediately, calculated as shown in table below.
The Bond Centre is to pay the bond of $674.56 (3739647-007) to Kech Property Management Limited Trading As Quinovic Property Management As Agent For E Bishop immediately.
Kech Property Management Limited Trading As Quinovic Property Management As Agent For E Bishop must take any of the tenant’s personal documents that have been left at the premises to the nearest Police station and obtain a receipt for them and may dispose of the other goods left at the premises by the tenant as the landlord sees fit.

Reasons

The landlord attended the hearing. There was no appearance for the tenant however as I am satisfied that he had been served with the notice of hearing, it went ahead in his absence. He had sought an adjournment of the earlier hearing on the matter however did not attend today’s hearing that had been rescheduled on his application.
The landlord has applied for compensation, refund of the bond, and reimbursement of the filing fee following 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 (RTA).
The landlord has established that the tenant did not leave the premises reasonably clean and tidy, did not remove all belongings and rubbish and did not return the keys. The photos show a house that has not been cleaned, gardens that had not been mown for some time and a number of belongings left in the property. There were dog faeces all over the deck which justifies the landlord’s water blasting of the deck. There were smells of animal and marijuana in the carpet that took two months and a carpet clean to dissipate.
The amounts ordered are proven in evidence and considered just in the circumstances; the tenant had left the property in a disgusting state.
The landlord has also applied for the disposal of goods the tenant left at the premises at the end of the tenancy. They have stored his items for him, at no charge since November 2023. They have advised him where the items are and given him opportunity to collect them, which he has not availed of.
Accordingly, I am satisfied that it is not practicable nor just for the landlord to the return the goods to the tenant now. The value of the goods is below the cost of storing, transporting and selling them. Therefore, the landlord may dispose of the goods. See sections 62(3)(b), 62B(2) and (3) RTA.
Because Kech Property Management Limited Trading As Quinovic Property Management As Agent For E Bishop has wholly succeeded with the claim I must reimburse 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 4757680 — net $1,942.49 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Lawns and Garden work	$862.50	Lawns and Garden work
Cleaning and repairs	$316.25	Cleaning and repairs
Lock/key replacement	$395.51	Lock/key replacement
Removal of belongings to storage	$713.00	Removal of belongings to storage
Carpet Cleaning	$309.35	Carpet Cleaning
Filing fee reimbursement	$20.44	Filing fee reimbursement
Net award	$1,942.49
Total payable by Tenant to Landlord	$1,942.49

Claims and awards for application 4757680 — net $1,942.49 NZD. Verify on MoJ.

Lawns and Garden work

Amount: $862.50
Awarded to: Landlord
Reason: Lawns and Garden work

Cleaning and repairs

Amount: $316.25
Awarded to: Landlord
Reason: Cleaning and repairs

Lock/key replacement

Amount: $395.51
Awarded to: Landlord
Reason: Lock/key replacement

Removal of belongings to storage

Amount: $713.00
Awarded to: Landlord
Reason: Removal of belongings to storage

Carpet Cleaning

Amount: $309.35
Awarded to: Landlord
Reason: Carpet Cleaning

Claim types — money lines allowed on this order

Carpet Cleaning Cleanliness Filing Fee Lawns And Garden Work Property damage

Order

Matthew Simpson Smith must pay Kech Property Management Limited Trading As Quinovic Property Management As Agent For E Bishop $1,942.49 immediately, calculated as shown in table below.
The Bond Centre is to pay the bond of $674.56 (3739647-007) to Kech Property Management Limited Trading As Quinovic Property Management As Agent For E Bishop immediately.
Kech Property Management Limited Trading As Quinovic Property Management As Agent For E Bishop must take any of the tenant’s personal documents that have been left at the premises to the nearest Police station and obtain a receipt for them and may dispose of the other goods left at the premises by the tenant as the landlord sees fit.

Reasons

The landlord attended the hearing. There was no appearance for the tenant however as I am satisfied that he had been served with the notice of hearing, it went ahead in his absence. He had sought an adjournment of the earlier hearing on the matter however did not attend today’s hearing that had been rescheduled on his application.
The landlord has applied for compensation, refund of the bond, and reimbursement of the filing fee following 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 (RTA).
The landlord has established that the tenant did not leave the premises reasonably clean and tidy, did not remove all belongings and rubbish and did not return the keys. The photos show a house that has not been cleaned, gardens that had not been mown for some time and a number of belongings left in the property. There were dog faeces all over the deck which justifies the landlord’s water blasting of the deck. There were smells of animal and marijuana in the carpet that took two months and a carpet clean to dissipate.
The amounts ordered are proven in evidence and considered just in the circumstances; the tenant had left the property in a disgusting state.
The landlord has also applied for the disposal of goods the tenant left at the premises at the end of the tenancy. They have stored his items for him, at no charge since November 2023. They have advised him where the items are and given him opportunity to collect them, which he has not availed of.
Accordingly, I am satisfied that it is not practicable nor just for the landlord to the return the goods to the tenant now. The value of the goods is below the cost of storing, transporting and selling them. Therefore, the landlord may dispose of the goods. See sections 62(3)(b), 62B(2) and (3) RTA.
Because Kech Property Management Limited Trading As Quinovic Property Management As Agent For E Bishop has wholly succeeded with the claim I must reimburse the filing fee.

Tenancy Tribunal case 4757680 — Cleanliness at 14 Darwin Street, Karori, Wellington 6012

At a glance

Tenancy Tribunal case 4757680 — Cleanliness at 14 Darwin Street, Karori, Wellington 6012

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