What was the outcome of Tenancy Tribunal case 4773795?

The tribunal order states: Christian James Edwards must pay Realty 2000 Limited T/A LJ Hooker as

How much money was awarded in case 4773795?

Lawns and Garden Work: $200.00 awarded to landlord; Rubbish Removal: $306.36 awarded to landlord

What type of tenancy dispute was case 4773795?

The dispute type was not classified.

Where can I read the official tribunal order for case 4773795?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/10754013-Tribunal_Order.pdf.

What was the outcome of Tenancy Tribunal case 4773795?

The tribunal order states: Christian James Edwards must pay Realty 2000 Limited T/A LJ Hooker as

How much money was awarded in case 4773795?

Lawns and Garden Work: $200.00 awarded to landlord; Rubbish Removal: $306.36 awarded to landlord

What type of tenancy dispute was case 4773795?

The dispute type was not classified.

Where can I read the official tribunal order for case 4773795?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/10754013-Tribunal_Order.pdf.

87 Carnoustie Drive, Wattle Downs, Auckland 2103 Tenancy Tribunal Case 4773795 — Tenancy dispute

Reasons

Claims and awards in Tenancy Tribunal application 4773795 — net $506.36 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rubbish removal	$306.36	Rubbish removal
Lawns and Garden work	$200.00	Lawns and Garden work
Net award	$506.36
Total payable by Tenant to Landlord	$506.36

Both parties attended the hearing on 20 August 2024. The hearing was scheduled to determine the landlord’s remaining claims for rubbish removal, garden work and repairs following an earlier hearing. The claim for repairs ($1,915.00) was withdrawn by the landlord at the hearing.

The landlord’s exit inspection report was available but not the ingoing report. The tenant wanted to provide the Tribunal with photographs from the beginning of the tenancy. No photographs have been provided by Friday 23 August 2024 as directed.

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 tenancy was from 31 August 2017 to 31 October 2023. The landlord’s exit inspection report on 3 November 2023 identified that the lawns needed to be mown and the gardens trimmed. There was reference to some personal items left in the kitchen. The report commented: “Some personal items need to be removed, back steps, kitchen cupboards, hallway cupboard, garden shed, rubbish from the driveway, speaker from front deck”.

The tenant accepted that a large orange rubbish bin on the driveway was his. The photographs also show an outdoor speaker. There were a few items in the kitchen cupboards and items in the shed. The tenant said a lot of the items in the shed were there when he moved in. The landlord responded that these items were not included in the rubbish removal claim. Overall, there was not a great deal of rubbish but there would have been some cost involved in disposing of the orange rubbish bin and the speaker.

The invoice for rubbish removal included $135.00 for labour, tip fees of $95.00 and mileage of $95.00 (all plus GST) for a total of $373.75 including GST. I consider the labour and tip fees are reasonable. However, in my view the travel costs are excessive. The rubbish removal firm has travelled from Pukekohe to the tenancy address (about 35 kms) and from there to the tip and charged $109.25 for travel. The IRD mileage rate is currently $1.04 per km. I allow the travel charges in the sum of $41.86 including GST (35x$1.04 plus GST) and award $306.36 for rubbish removal.

The tenant disputed the garden tidy up costs of $287.00. He noted that the tenancy address backs onto a reserve. Several of the photographs were said to show this area. The landlord identified photographs said to show the garden (numbers 28-33 and 36, and I would add some of the photographs starting at 74). Publicly available information on the internet indicates that the property has a relatively large section of about 900m². The garden invoice states that a “general tidy up” of the lawns and gardens were performed, including weeding, and mowing of lawns. Green waste was removed. The lawns required mowing several times “to get down to an acceptable level”.

Some of the garden work may have gone beyond what was strictly necessary to return the property to a reasonably tidy condition, and I have assumed that the work was limited to the grounds and did not encroach onto the reserve. However, the relatively large size of the section is a factor. I also accept, based on the invoice, that the lawn needed mowing more than once and the waste would need to be removed. I award $200.00. Filing fee and suppression

The filing fee has already been awarded.

The landlord requested name suppression. The claim for repairs was withdrawn at the hearing and I have not awarded the full amount claimed for the other items. I decline to grant suppression.

Claims and awards in Tenancy Tribunal application 4773795 — net $506.36 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rubbish removal	$306.36	Rubbish removal
Lawns and Garden work	$200.00	Lawns and Garden work
Net award	$506.36
Total payable by Tenant to Landlord	$506.36

Order

Christian James Edwards must pay Realty 2000 Limited T/A LJ Hooker as Agent for C & A Management $506.36 immediately, calculated as shown in the table below.

Reasons

Both parties attended the hearing on 20 August 2024. The hearing was scheduled to determine the landlord’s remaining claims for rubbish removal, garden work and repairs following an earlier hearing. The claim for repairs ($1,915.00) was withdrawn by the landlord at the hearing.
The landlord’s exit inspection report was available but not the ingoing report. The tenant wanted to provide the Tribunal with photographs from the beginning of the tenancy. No photographs have been provided by Friday 23 August 2024 as directed.
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 tenancy was from 31 August 2017 to 31 October 2023. The landlord’s exit inspection report on 3 November 2023 identified that the lawns needed to be mown and the gardens trimmed. There was reference to some personal items left in the kitchen. The report commented: “Some personal items need to be removed, back steps, kitchen cupboards, hallway cupboard, garden shed, rubbish from the driveway, speaker from front deck”.
The tenant accepted that a large orange rubbish bin on the driveway was his. The photographs also show an outdoor speaker. There were a few items in the kitchen cupboards and items in the shed. The tenant said a lot of the items in the shed were there when he moved in. The landlord responded that these items were not included in the rubbish removal claim. Overall, there was not a great deal of rubbish but there would have been some cost involved in disposing of the orange rubbish bin and the speaker.
The invoice for rubbish removal included $135.00 for labour, tip fees of $95.00 and mileage of $95.00 (all plus GST) for a total of $373.75 including GST. I consider the labour and tip fees are reasonable. However, in my view the travel costs are excessive. The rubbish removal firm has travelled from Pukekohe to the tenancy address (about 35 kms) and from there to the tip and charged $109.25 for travel. The IRD mileage rate is currently $1.04 per km. I allow the travel charges in the sum of $41.86 including GST (35x$1.04 plus GST) and award $306.36 for rubbish removal.
The tenant disputed the garden tidy up costs of $287.00. He noted that the tenancy address backs onto a reserve. Several of the photographs were said to show this area. The landlord identified photographs said to show the garden (numbers 28-33 and 36, and I would add some of the photographs starting at 74). Publicly available information on the internet indicates that the property has a relatively large section of about 900m². The garden invoice states that a “general tidy up” of the lawns and gardens were performed, including weeding, and mowing of lawns. Green waste was removed. The lawns required mowing several times “to get down to an acceptable level”.
Some of the garden work may have gone beyond what was strictly necessary to return the property to a reasonably tidy condition, and I have assumed that the work was limited to the grounds and did not encroach onto the reserve. However, the relatively large size of the section is a factor. I also accept, based on the invoice, that the lawn needed mowing more than once and the waste would need to be removed. I award $200.00. Filing fee and suppression
The filing fee has already been awarded.
The landlord requested name suppression. The claim for repairs was withdrawn at the hearing and I have not awarded the full amount claimed for the other items. I decline to grant suppression.

Tenancy Tribunal case 4773795 — Tenancy dispute at 87 Carnoustie Drive, Wattle Downs, Auckland 2103

At a glance

Tenancy Tribunal case 4773795 — Tenancy dispute at 87 Carnoustie Drive, Wattle Downs, Auckland 2103

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