What was the outcome of Tenancy Tribunal case 4757856?

The tribunal order states: Maliu Fifita must pay Oaks Property Management Limited $80.00 from the

How much money was awarded in case 4757856?

Cleaning: $80.00 awarded to landlord

What type of tenancy dispute was case 4757856?

The primary dispute was Cleanliness.

Where can I read the official tribunal order for case 4757856?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/10083000-Tenancy_Tribunal_Order.pdf.

What was the outcome of Tenancy Tribunal case 4757856?

The tribunal order states: Maliu Fifita must pay Oaks Property Management Limited $80.00 from the

How much money was awarded in case 4757856?

Cleaning: $80.00 awarded to landlord

What type of tenancy dispute was case 4757856?

The primary dispute was Cleanliness.

Where can I read the official tribunal order for case 4757856?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/10083000-Tenancy_Tribunal_Order.pdf.

22B Rimu Road, Manurewa, Auckland 2102 Tenancy Tribunal Case 4757856 — Cleanliness

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22B Rimu Road, Manurewa, Auckland 2102 Tenancy Tribunal Case 4757856 — 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 4757856 — net $80.00 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Oven Cleaning	$80.00	Oven Cleaning
Net award	$80.00
Bond	$2,320.00
Total payable by Tenant to Landlord	$80.00

Claims and awards for application 4757856 — net $80.00 NZD. Verify on MoJ.

Oven Cleaning

Amount: $80.00
Awarded to: Landlord
Reason: Oven Cleaning

Net award

Landlord $80.00

Bond

Landlord $2,320.00

Total payable by Tenant to Landlord

Landlord $80.00

Dismissed claims

Filing Fee — 1 Residential Tenancies Act 1986 (RTA), s 40(1)(e). 2 RTA, ss 40(2)(a), 41 and 49B.

Claim types — money lines allowed on this order

Cleanliness Filing Fee

Order

Maliu Fifita must pay Oaks Property Management Limited $80.00 from the bond, calculated as shown in table below.
The Bond Centre is to pay the bond of $2,320.00 immediately apportioned as follows: Oaks Property Management Limited: $80.00 Maliu Fifita: $2,240.00

Reasons

Both parties attended the hearing which was conducted by telephone.
The landlord has applied for compensation and payment out from the bond, and reimbursement of the filing fee following the end of the tenancy.
After the tenancy ended on 6 October 2023, the landlord paid a contractor $160.00 to replace a toilet roll holder and clean the oven.

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. 1
Having viewed the entry and exit photographs I find it proven that the oven was not left reasonably clean.
I order the tenant to pay the landlord $80.00 for this.

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. 2
Mr Fifita said the toilet roll holder stopped staying on after his son tried to replace a toilet roll.
It is not entirely clear what the problem with the toilet roll holder is, but in any event the tenancy was for more than four years. Items like this routinely wear out in about five years. It is likely this item was becoming faulty due to ordinary wear and tear and its value was fully depreciated.
Accordingly, this part of the landlord’s claim is dismissed. 1 Residential Tenancies Act 1986 (RTA), s 40(1)(e). 2 RTA, ss 40(2)(a), 41 and 49B. Filing fee
Each party having had some success in the application, no order is made as to the filing fee. Bond
The amount ordered in favour of the landlord is to come from the bond. The remainder is to be returned to the tenant.

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 4757856 — net $80.00 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Oven Cleaning	$80.00	Oven Cleaning
Net award	$80.00
Bond	$2,320.00
Total payable by Tenant to Landlord	$80.00

Claims and awards for application 4757856 — net $80.00 NZD. Verify on MoJ.

Oven Cleaning

Amount: $80.00
Awarded to: Landlord
Reason: Oven Cleaning

Net award

Landlord $80.00

Bond

Landlord $2,320.00

Total payable by Tenant to Landlord

Landlord $80.00

Dismissed claims

Filing Fee — 1 Residential Tenancies Act 1986 (RTA), s 40(1)(e). 2 RTA, ss 40(2)(a), 41 and 49B.

Claim types — money lines allowed on this order

Cleanliness Filing Fee

Order

Maliu Fifita must pay Oaks Property Management Limited $80.00 from the bond, calculated as shown in table below.
The Bond Centre is to pay the bond of $2,320.00 immediately apportioned as follows: Oaks Property Management Limited: $80.00 Maliu Fifita: $2,240.00

Reasons

Both parties attended the hearing which was conducted by telephone.
The landlord has applied for compensation and payment out from the bond, and reimbursement of the filing fee following the end of the tenancy.
After the tenancy ended on 6 October 2023, the landlord paid a contractor $160.00 to replace a toilet roll holder and clean the oven.

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. 1
Having viewed the entry and exit photographs I find it proven that the oven was not left reasonably clean.
I order the tenant to pay the landlord $80.00 for this.

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. 2
Mr Fifita said the toilet roll holder stopped staying on after his son tried to replace a toilet roll.
It is not entirely clear what the problem with the toilet roll holder is, but in any event the tenancy was for more than four years. Items like this routinely wear out in about five years. It is likely this item was becoming faulty due to ordinary wear and tear and its value was fully depreciated.
Accordingly, this part of the landlord’s claim is dismissed. 1 Residential Tenancies Act 1986 (RTA), s 40(1)(e). 2 RTA, ss 40(2)(a), 41 and 49B. Filing fee
Each party having had some success in the application, no order is made as to the filing fee. Bond
The amount ordered in favour of the landlord is to come from the bond. The remainder is to be returned to the tenant.

Tenancy Tribunal case 4757856 — Cleanliness at 22B Rimu Road, Manurewa, Auckland 2102

At a glance

Tenancy Tribunal case 4757856 — Cleanliness at 22B Rimu Road, Manurewa, Auckland 2102

At a glance

Award balance

Claims & awards

Dismissed claims

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

Residential Tenancies Act sections

Key findings

Property management

Frequently asked questions

Award balance

Claims & awards

Dismissed claims

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

Residential Tenancies Act sections

Key findings

Property management

Frequently asked questions