What was the outcome of Tenancy Tribunal case 4776317?

The tribunal order states: Jeremy Fenn must pay Otautahi Community Housing Trust $2,223.16

How much money was awarded in case 4776317?

Cleaning: $57.50 awarded to landlord; Cleaning: $460.00 awarded to landlord; Filing Fee: $20.44 awarded to landlord; Overpayment Of Rent: $97.28 awarded to tenant; Property Damage: $172.50 awarded to landlord; Lounge Wall: $115.00 awarded to landlord; Property Damage: $57.50 awarded to landlord; Rubbish Removal: $230.00 awarded to landlord; Rubbish Removal: $1,150.00 awarded to landlord; Smoke Alarms: $57.50 awarded to landlord

What type of tenancy dispute was case 4776317?

The primary dispute was Cleanliness. Related themes: Property damage, Smoke alarms.

Where can I read the official tribunal order for case 4776317?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/10147132-Tenancy_Tribunal_Order.pdf.

What was the outcome of Tenancy Tribunal case 4776317?

The tribunal order states: Jeremy Fenn must pay Otautahi Community Housing Trust $2,223.16

How much money was awarded in case 4776317?

Cleaning: $57.50 awarded to landlord; Cleaning: $460.00 awarded to landlord; Filing Fee: $20.44 awarded to landlord; Overpayment Of Rent: $97.28 awarded to tenant; Property Damage: $172.50 awarded to landlord; Lounge Wall: $115.00 awarded to landlord; Property Damage: $57.50 awarded to landlord; Rubbish Removal: $230.00 awarded to landlord; Rubbish Removal: $1,150.00 awarded to landlord; Smoke Alarms: $57.50 awarded to landlord

What type of tenancy dispute was case 4776317?

The primary dispute was Cleanliness. Related themes: Property damage, Smoke alarms.

Where can I read the official tribunal order for case 4776317?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/10147132-Tenancy_Tribunal_Order.pdf.

Flat 5, 14 Bridge Street, New Brighton, Christchurch 8061, Tenancy Tribunal Case 4776317 — Cleanliness

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Flat 5, 14 Bridge Street, New Brighton, Christchurch 8061, Tenancy Tribunal Case 4776317 — 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 4776317 — net $2,223.16 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Tenant	Reason
Cleaning: cupboards	$57.50		Cleaning: cupboards
Cleaning: interior	$460.00		Cleaning: interior
Rubbish removal: exterior	$230.00		Rubbish removal: exterior
Rubbish removal: interior (10.5cubic metres	$1,150.00		Rubbish removal: interior (10.5cubic metres
Repairs: removal of indoor sign and repairs	$57.50		Repairs: removal of indoor sign and repairs
Repairs: lounge wall	$115.00		Repairs: lounge wall
Replace smoke alarms	$57.50		Replace smoke alarms
Lock/key replacement	$172.50		Lock/key replacement
Filing fee reimbursement	$20.44		Filing fee reimbursement
Overpayment of rent		$97.28	Overpayment of rent
Total award	$2,320.44	$97.28
Net award	$2,223.16
Total payable by Tenant to Landlord	$2,223.16

Claims and awards for application 4776317 — net $2,223.16 NZD. Verify on MoJ.

Cleaning: cupboards

Amount: $57.50
Awarded to: Landlord
Reason: Cleaning: cupboards

Cleaning: interior

Amount: $460.00
Awarded to: Landlord
Reason: Cleaning: interior

Rubbish removal: exterior

Amount: $230.00
Awarded to: Landlord
Reason: Rubbish removal: exterior

Rubbish removal: interior (10.5cubic metres

Amount: $1,150.00
Awarded to: Landlord
Reason: Rubbish removal: interior (10.5cubic metres

Repairs: removal of indoor sign and repairs

Amount: $57.50
Awarded to: Landlord
Reason: Repairs: removal of indoor sign and repairs

Claim types — money lines allowed on this order

Cleanliness Filing Fee Property damage Rubbish Removal Replace Smoke Alarms

Order

Jeremy Fenn must pay Otautahi Community Housing Trust $2,223.16 immediately, calculated as shown in table below.

Reasons

Mr Waters and Mr Uden attended the hearing on behalf of the landlord. The tenant did not attend.
The landlord has applied for compensation and reimbursement of the filing fee following 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 under section 40(1)(e)(ii)-(v) of the Residential Tenancies Act 1986 (the Act).
The tenant did not leave the premises reasonably clean and tidy and did not remove all rubbish.
The tenant did not return the keys.
The smoke alarms were missing at the end of the tenancy and had to be replaced.
The landlord provided invoices and photographs to prove the amounts owing for cleaning, rubbish removal, smoke alarm replacement and changing locks.
The landlord, being a social housing provider, discounts the amount claimed from the tenant for each item. The invoices provided show the full amounts and in each case the landlord has claimed a lesser sum.
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 under sections 40(2)(a), 41 and 49B of the Act.
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) under section 49B(3)(b) of the Act.
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 under section 49B(1) of the Act.
The tenant caused damage to the kitchen wall by affixing a sign. The sign was removed, and the area repaired.
The tenant caused damage to the lounge wall which required repair.
The landlord provided photographs and invoices to prove the amounts owing.
The landlord, being a social housing provider, discounts the amount claimed from the tenant for each item. The invoices provided show the full amounts and in each case the landlord has claimed a lesser sum.
The amounts ordered are proved.
The landlord was wholly successful in the claim, so the filing fee has been reimbursed.

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 4776317 — net $2,223.16 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Tenant	Reason
Cleaning: cupboards	$57.50		Cleaning: cupboards
Cleaning: interior	$460.00		Cleaning: interior
Rubbish removal: exterior	$230.00		Rubbish removal: exterior
Rubbish removal: interior (10.5cubic metres	$1,150.00		Rubbish removal: interior (10.5cubic metres
Repairs: removal of indoor sign and repairs	$57.50		Repairs: removal of indoor sign and repairs
Repairs: lounge wall	$115.00		Repairs: lounge wall
Replace smoke alarms	$57.50		Replace smoke alarms
Lock/key replacement	$172.50		Lock/key replacement
Filing fee reimbursement	$20.44		Filing fee reimbursement
Overpayment of rent		$97.28	Overpayment of rent
Total award	$2,320.44	$97.28
Net award	$2,223.16
Total payable by Tenant to Landlord	$2,223.16

Claims and awards for application 4776317 — net $2,223.16 NZD. Verify on MoJ.

Cleaning: cupboards

Amount: $57.50
Awarded to: Landlord
Reason: Cleaning: cupboards

Cleaning: interior

Amount: $460.00
Awarded to: Landlord
Reason: Cleaning: interior

Rubbish removal: exterior

Amount: $230.00
Awarded to: Landlord
Reason: Rubbish removal: exterior

Rubbish removal: interior (10.5cubic metres

Amount: $1,150.00
Awarded to: Landlord
Reason: Rubbish removal: interior (10.5cubic metres

Repairs: removal of indoor sign and repairs

Amount: $57.50
Awarded to: Landlord
Reason: Repairs: removal of indoor sign and repairs

Claim types — money lines allowed on this order

Cleanliness Filing Fee Property damage Rubbish Removal Replace Smoke Alarms

Order

Jeremy Fenn must pay Otautahi Community Housing Trust $2,223.16 immediately, calculated as shown in table below.

Reasons

Mr Waters and Mr Uden attended the hearing on behalf of the landlord. The tenant did not attend.
The landlord has applied for compensation and reimbursement of the filing fee following 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 under section 40(1)(e)(ii)-(v) of the Residential Tenancies Act 1986 (the Act).
The tenant did not leave the premises reasonably clean and tidy and did not remove all rubbish.
The tenant did not return the keys.
The smoke alarms were missing at the end of the tenancy and had to be replaced.
The landlord provided invoices and photographs to prove the amounts owing for cleaning, rubbish removal, smoke alarm replacement and changing locks.
The landlord, being a social housing provider, discounts the amount claimed from the tenant for each item. The invoices provided show the full amounts and in each case the landlord has claimed a lesser sum.
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 under sections 40(2)(a), 41 and 49B of the Act.
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) under section 49B(3)(b) of the Act.
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 under section 49B(1) of the Act.
The tenant caused damage to the kitchen wall by affixing a sign. The sign was removed, and the area repaired.
The tenant caused damage to the lounge wall which required repair.
The landlord provided photographs and invoices to prove the amounts owing.
The landlord, being a social housing provider, discounts the amount claimed from the tenant for each item. The invoices provided show the full amounts and in each case the landlord has claimed a lesser sum.
The amounts ordered are proved.
The landlord was wholly successful in the claim, so the filing fee has been reimbursed.

Tenancy Tribunal case 4776317 — Cleanliness at Flat 5, 14 Bridge Street, New Brighton, Christchurch 8061,

At a glance

Tenancy Tribunal case 4776317 — Cleanliness at Flat 5, 14 Bridge Street, New Brighton, Christchurch 8061,

At a glance

Award balance

Claims & awards

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

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