What was the outcome of Tenancy Tribunal case 4773787?

The tribunal order states: Amelia Croawell - Schiavi must pay Andrea Heiliger $1,505.25 immediately,

How much money was awarded in case 4773787?

Individual award amounts are in the official MoJ PDF. Claim amounts appear on this page when claims and net totals reconcile.

What type of tenancy dispute was case 4773787?

The primary dispute was Cleanliness. Related themes: Rent arrears.

Where can I read the official tribunal order for case 4773787?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/10297113-Tenancy_Tribunal_Order.pdf.

What was the outcome of Tenancy Tribunal case 4773787?

The tribunal order states: Amelia Croawell - Schiavi must pay Andrea Heiliger $1,505.25 immediately,

How much money was awarded in case 4773787?

Individual award amounts are in the official MoJ PDF. Claim amounts appear on this page when claims and net totals reconcile.

What type of tenancy dispute was case 4773787?

The primary dispute was Cleanliness. Related themes: Rent arrears.

Where can I read the official tribunal order for case 4773787?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/10297113-Tenancy_Tribunal_Order.pdf.

122F Argyle Street, Mosgiel, Mosgiel 9024 Tenancy Tribunal Case 4773787 — Cleanliness

Order

Amelia Croawell - Schiavi must pay Andrea Heiliger $1,505.25 immediately, calculated as shown in table below. DescriptionLandlord Rent arrears to 22 December 2023$1,157.14 Carpet Cleaning$327.67 Cleaning, rubbish and repairs$1,800.00 Filing fee reimbursement$20.44 Total award$3,305.25 Bond-$1,800.00 Total payable by Tenant to Landlord$1,505.25
Andrea Heiliger must take any personal documents belonging to the tenant, that have been left at the premises, to the nearest Police station and obtain a receipt for them.
The landlord shall dispose of the other goods left at the premises by the tenant by: a. selling all goods with a saleable value by public auction or by private contract at a reasonable market price, and b. disposing of all goods with no saleable value as the landlord sees fit.
The amount owing to the applicant out of the proceeds of any sale is $1,505.25.
Andrea Heiliger must pay the proceeds of any sale, less the amount owing, to the Bond Centre together with a copy of this order.

Reasons

Only the landlord attended the hearing.
The landlord has applied for rent arrears, compensation, refund of the bond, and reimbursement of the filing fee following the end of the tenancy.

How much is owed for rent?

The tenancy ended on 22 December 2023. The landlord provided rent records which prove the amount owing at the end of the tenancy.

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. The tenant is required to replace worn out smoke alarm batteries during the tenancy.
The tenant did not leave the premises reasonably clean and tidy and did not remove all rubbish.
I am satisfied that the presence of a dog at the premises, with the associated fur and odour makes reimbursement of the carpet cleaning costs appropriate.
The amounts ordered are proved.

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.
Where the damage is careless and is not covered by the landlord's insurance, the tenant's liability is limited to four weeks' rent (or market rent). See section 49B(3)(b) RTA. Where insurance money is irrecoverable because of the tenant's conduct, the property is treated as if it is not insured against the damage. See section 49B(3A)(a) RTA.
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. See section 49B(1) RTA.
Damage is intentional where a person intends to cause damage and takes the necessary steps to achieve that purpose. Damage is also intentional where a person does something, or allows a situation to continue, knowing that damage is a certainty. See Guo v Korck [2019] NZHC 1541.
The following damage was caused during the tenancy: a. Damage to walls and doors.
The damage is more than fair wear and tear, and the tenant has not disproved liability for the damage.
The amounts ordered are proved. Disposal of goods
The landlord has applied for the disposal of goods that the tenant left at the premises at the end of the tenancy.
The landlord is unable to contact the tenant.
It is not practicable for the landlord to the return the goods to the tenant. Some of the goods have a value above the cost of storing, transporting and selling them. The landlord must sell these goods at a reasonable market price.
The landlord may deduct any amount owing from the sale proceeds and must pay the balance to the Bond Centre. See sections 62(3)(b), 62B(2),(3) and (4), 62C(1)(b),(2) and (3) Residential Tenancies Act 1986).
The landlord may dispose of any goods that have no saleable value. Filing fee
Because Andrea Heiliger has wholly succeeded with the claim I must reimburse the filing fee.

Order

Amelia Croawell - Schiavi must pay Andrea Heiliger $1,505.25 immediately, calculated as shown in table below. DescriptionLandlord Rent arrears to 22 December 2023$1,157.14 Carpet Cleaning$327.67 Cleaning, rubbish and repairs$1,800.00 Filing fee reimbursement$20.44 Total award$3,305.25 Bond-$1,800.00 Total payable by Tenant to Landlord$1,505.25
Andrea Heiliger must take any personal documents belonging to the tenant, that have been left at the premises, to the nearest Police station and obtain a receipt for them.
The landlord shall dispose of the other goods left at the premises by the tenant by: a. selling all goods with a saleable value by public auction or by private contract at a reasonable market price, and b. disposing of all goods with no saleable value as the landlord sees fit.
The amount owing to the applicant out of the proceeds of any sale is $1,505.25.
Andrea Heiliger must pay the proceeds of any sale, less the amount owing, to the Bond Centre together with a copy of this order.

Reasons

Only the landlord attended the hearing.
The landlord has applied for rent arrears, compensation, refund of the bond, and reimbursement of the filing fee following the end of the tenancy.

How much is owed for rent?

The tenancy ended on 22 December 2023. The landlord provided rent records which prove the amount owing at the end of the tenancy.

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. The tenant is required to replace worn out smoke alarm batteries during the tenancy.
The tenant did not leave the premises reasonably clean and tidy and did not remove all rubbish.
I am satisfied that the presence of a dog at the premises, with the associated fur and odour makes reimbursement of the carpet cleaning costs appropriate.
The amounts ordered are proved.

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.
Where the damage is careless and is not covered by the landlord's insurance, the tenant's liability is limited to four weeks' rent (or market rent). See section 49B(3)(b) RTA. Where insurance money is irrecoverable because of the tenant's conduct, the property is treated as if it is not insured against the damage. See section 49B(3A)(a) RTA.
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. See section 49B(1) RTA.
Damage is intentional where a person intends to cause damage and takes the necessary steps to achieve that purpose. Damage is also intentional where a person does something, or allows a situation to continue, knowing that damage is a certainty. See Guo v Korck [2019] NZHC 1541.
The following damage was caused during the tenancy: a. Damage to walls and doors.
The damage is more than fair wear and tear, and the tenant has not disproved liability for the damage.
The amounts ordered are proved. Disposal of goods
The landlord has applied for the disposal of goods that the tenant left at the premises at the end of the tenancy.
The landlord is unable to contact the tenant.
It is not practicable for the landlord to the return the goods to the tenant. Some of the goods have a value above the cost of storing, transporting and selling them. The landlord must sell these goods at a reasonable market price.
The landlord may deduct any amount owing from the sale proceeds and must pay the balance to the Bond Centre. See sections 62(3)(b), 62B(2),(3) and (4), 62C(1)(b),(2) and (3) Residential Tenancies Act 1986).
The landlord may dispose of any goods that have no saleable value. Filing fee
Because Andrea Heiliger has wholly succeeded with the claim I must reimburse the filing fee.

Tenancy Tribunal case 4773787 — Cleanliness at 122F Argyle Street, Mosgiel, Mosgiel 9024

Tenancy Tribunal case 4773787 — Cleanliness at 122F Argyle Street, Mosgiel, Mosgiel 9024

Order

Reasons

How much is owed for rent?

Did the tenant comply with their obligations at the end of the tenancy?

Is the tenant responsible for the damage to the premises?

Order

Reasons

How much is owed for rent?

Did the tenant comply with their obligations at the end of the tenancy?

Is the tenant responsible for the damage to the premises?