How much money was awarded in case 4805478?

Cleaning: $250.00 awarded to landlord; Filing Fee: $20.44 awarded to landlord; Lawns and Garden Work: $143.75 awarded to landlord; Property Damage: $111.00 awarded to landlord; Property Damage: $138.00 awarded to landlord; Property Damage: $220.77 awarded to landlord; Rubbish Removal: $250.00 awarded to landlord; Water Rates: $172.60 awarded to landlord

What type of tenancy dispute was case 4805478?

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

Where can I read the official tribunal order for case 4805478?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/11314319-Tribunal_Order.pdf.

How much money was awarded in case 4805478?

Cleaning: $250.00 awarded to landlord; Filing Fee: $20.44 awarded to landlord; Lawns and Garden Work: $143.75 awarded to landlord; Property Damage: $111.00 awarded to landlord; Property Damage: $138.00 awarded to landlord; Property Damage: $220.77 awarded to landlord; Rubbish Removal: $250.00 awarded to landlord; Water Rates: $172.60 awarded to landlord

What type of tenancy dispute was case 4805478?

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

Where can I read the official tribunal order for case 4805478?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/11314319-Tribunal_Order.pdf.

5A Shamrock Lane, Te Atatu Peninsula, Auckland 0610 Tenancy Tribunal Case 4805478 — Property damage

Q: What was the outcome of Tenancy Tribunal case 4805478?

The tribunal order states: Allie Renae Stroobant Smith must pay Aspire Property Services Limited as

Order

Allie Renae Stroobant Smith must pay Aspire Property Services Limited as agent for Athen & Liana Ltd $1,306.56 immediately, calculated as shown in table below. DescriptionLandlord Water rates$172.60 Cleaning$250.00 Rubbish removal$250.00 Lawns and garden work$143.75 Wall repairs$111.00 Water tank repair$138.00 Window repair$220.77 Filing fee reimbursement$20.44 Total award$1,306.56

Reasons

Claims and awards in Tenancy Tribunal application 4805478. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Water rates	$172.60	Water rates
Cleaning	$250.00	bbish around the outside of the premises. The Tribunal orders the tenant to pay $250.00 for the cost of removing those items.
Rubbish removal	$250.00	bbish around the outside of the premises. The Tribunal orders the tenant to pay $250.00 for the cost of removing those items.
Lawns and garden work	$143.75	Lawns and garden work
Wall repairs	$111.00	Wall repairs
Water tank repair	$138.00	Water tank repair
Window repair	$220.77	Window repair
Filing fee reimbursement	$20.44	Filing fee reimbursement

Matte Srhoj attended the hearing for the landlord.

Ms Smith attended the hearing in person.

The tenancy began on 15 June 2019 and ended on 12 November 2023, although the landlord gave the tenant 5:00pm on 14 November 2023 to move out.

The landlord has applied for water arrears, compensation, and reimbursement of the filing fee.

How much is owed for water rates?

The landlord provided water rates invoices which prove the amount owing for water.

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 and remove all rubbish. 1

The tenant did not leave the premises reasonably clean and tidy and did not remove all rubbish.

The tenant denied liability for a lot of the cost of rubbish removal. The exit photographs relied on do not greatly assist because they were taken the day before the tenant’s delayed final move-out. I am, however, satisfied that the tenant left behind a Junk Sack of items and some other rubbish around the outside of the premises. The Tribunal orders the tenant to pay $250.00 for the cost of removing those items.

The landlord claims for a detailed cleaning invoice for $2,248.25. The tenant says the house was in a poor condition and contractors were actively refurbishing the house when she moved out. She believes she cleaned to a reasonable standard in those circumstances. It is difficult to discern what a reasonable state of cleanliness is in the circumstances. The tenant did not clean all the garage other areas as well as they should have been, albeit it may have been confusing to know how well to clean when contractors working in the premises when she moved out. 1 Residential Tenancies Act 1986 (RTA), s 40(1)(e).

The Tribunal orders the tenant to pay the landlord $250.00 for the cost of cleaning in the circumstances.

The lawns required mowing.

The tenant has proved the amounts ordered for cleaning, rubbish removal, and lawn mowing.

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.

The tenant accepts liability for a broken window, a hole in the wall due to moving furniture, and for her children denting the garden water tank when they were playing.

Another wall’s damage was due to ordinary wear and tear. The landlord did not prove damage to another wall.

The amounts ordered for damage are proved. Contractor denied entry

The landlord claimed for the tenant denying entry to a contractor to repair the floor.

However, the tenant denies she refused entry to the contractor and the landlord could not prove it had issued the tenant with a notice for the repairs and did not call the contractor to given evidence to refute the tenant’s version of events.

This claim is dismissed. Filing fee

The tenant must reimburse the landlord for the filing fee. 2 2 RTA, s 102(4)(b).

Claims and awards in Tenancy Tribunal application 4805478. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Water rates	$172.60	Water rates
Cleaning	$250.00	bbish around the outside of the premises. The Tribunal orders the tenant to pay $250.00 for the cost of removing those items.
Rubbish removal	$250.00	bbish around the outside of the premises. The Tribunal orders the tenant to pay $250.00 for the cost of removing those items.
Lawns and garden work	$143.75	Lawns and garden work
Wall repairs	$111.00	Wall repairs
Water tank repair	$138.00	Water tank repair
Window repair	$220.77	Window repair
Filing fee reimbursement	$20.44	Filing fee reimbursement

Order

Reasons

Matte Srhoj attended the hearing for the landlord.
Ms Smith attended the hearing in person.
The tenancy began on 15 June 2019 and ended on 12 November 2023, although the landlord gave the tenant 5:00pm on 14 November 2023 to move out.
The landlord has applied for water arrears, compensation, and reimbursement of the filing fee.

How much is owed for water rates?

The landlord provided water rates invoices which prove the amount owing for water.

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 and remove all rubbish. 1
The tenant did not leave the premises reasonably clean and tidy and did not remove all rubbish.
The tenant denied liability for a lot of the cost of rubbish removal. The exit photographs relied on do not greatly assist because they were taken the day before the tenant’s delayed final move-out. I am, however, satisfied that the tenant left behind a Junk Sack of items and some other rubbish around the outside of the premises. The Tribunal orders the tenant to pay $250.00 for the cost of removing those items.
The landlord claims for a detailed cleaning invoice for $2,248.25. The tenant says the house was in a poor condition and contractors were actively refurbishing the house when she moved out. She believes she cleaned to a reasonable standard in those circumstances. It is difficult to discern what a reasonable state of cleanliness is in the circumstances. The tenant did not clean all the garage other areas as well as they should have been, albeit it may have been confusing to know how well to clean when contractors working in the premises when she moved out. 1 Residential Tenancies Act 1986 (RTA), s 40(1)(e).
The Tribunal orders the tenant to pay the landlord $250.00 for the cost of cleaning in the circumstances.
The lawns required mowing.
The tenant has proved the amounts ordered for cleaning, rubbish removal, and lawn mowing.

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.
The tenant accepts liability for a broken window, a hole in the wall due to moving furniture, and for her children denting the garden water tank when they were playing.
Another wall’s damage was due to ordinary wear and tear. The landlord did not prove damage to another wall.
The amounts ordered for damage are proved. Contractor denied entry
The landlord claimed for the tenant denying entry to a contractor to repair the floor.
However, the tenant denies she refused entry to the contractor and the landlord could not prove it had issued the tenant with a notice for the repairs and did not call the contractor to given evidence to refute the tenant’s version of events.
This claim is dismissed. Filing fee
The tenant must reimburse the landlord for the filing fee. 2 2 RTA, s 102(4)(b).

Tenancy Tribunal case 4805478 — Property damage at 5A Shamrock Lane, Te Atatu Peninsula, Auckland 0610

At a glance

Tenancy Tribunal case 4805478 — Property damage at 5A Shamrock Lane, Te Atatu Peninsula, Auckland 0610

At a glance

Claims & awards

Order

Reasons

How much is owed for water rates?

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

Claims & awards

Order

Reasons

How much is owed for water rates?

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