What was the outcome of Tenancy Tribunal case 4805860?

The tribunal order states: Ngakai Ruiha Cummings-Hakaraia must pay Team Group Rentals Limited

How much money was awarded in case 4805860?

Cleaning: $717.20 awarded to landlord; Cleaning: $600.00 awarded to landlord; Filing Fee: $20.44 awarded to landlord; Property Damage: $302.91 awarded to landlord; Property Damage: $185.89 awarded to landlord; Rubbish Removal: $1,783.80 awarded to landlord; Water Rates: $139.23 awarded to landlord

What type of tenancy dispute was case 4805860?

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

Where can I read the official tribunal order for case 4805860?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/10240948-Tribunal_Order.pdf.

What was the outcome of Tenancy Tribunal case 4805860?

The tribunal order states: Ngakai Ruiha Cummings-Hakaraia must pay Team Group Rentals Limited

How much money was awarded in case 4805860?

Cleaning: $717.20 awarded to landlord; Cleaning: $600.00 awarded to landlord; Filing Fee: $20.44 awarded to landlord; Property Damage: $302.91 awarded to landlord; Property Damage: $185.89 awarded to landlord; Rubbish Removal: $1,783.80 awarded to landlord; Water Rates: $139.23 awarded to landlord

What type of tenancy dispute was case 4805860?

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

Where can I read the official tribunal order for case 4805860?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/10240948-Tribunal_Order.pdf.

147 Main Highway, Otaki, Otaki 5512 Tenancy Tribunal Case 4805860 — Cleanliness

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147 Main Highway, Otaki, Otaki 5512 Tenancy Tribunal Case 4805860 — 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 4805860 — net $1,029.47 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Water rates	$139.23	Water rates
Lock/key replacement	$302.91	Lock/key replacement
Window repairs	$185.89	Window repairs
Rubbish removal: incl tip fees and vehicle charges	$1,783.80	Rubbish removal: incl tip fees and vehicle charges
Cleaning	$600.00	Cleaning
Carpet cleaning and repairs	$717.20	Carpet cleaning and repairs
Filing fee reimbursement	$20.44	cause the landlord has been wholly successful with the claim, the filing fee of $20.44 is ordered. B Smallbone Monday, 22 April 2024 __________________________…
Net award	$1,029.47
Total payable by Tenant to Landlord	$1,029.47

Claims and awards for application 4805860 — net $1,029.47 NZD. Verify on MoJ.

Water rates

Amount: $139.23
Awarded to: Landlord
Reason: Water rates

Lock/key replacement

Amount: $302.91
Awarded to: Landlord
Reason: Lock/key replacement

Window repairs

Amount: $185.89
Awarded to: Landlord
Reason: Window repairs

Rubbish removal: incl tip fees and vehicle charges

Amount: $1,783.80
Awarded to: Landlord
Reason: Rubbish removal: incl tip fees and vehicle charges

Cleaning

Amount: $600.00
Awarded to: Landlord
Reason: Cleaning

Claim types — money lines allowed on this order

Carpet Cleaning Cleanliness Filing Fee Property damage Rubbish Removal Water Rates

Order

(Correction - the application did not include a claim for rent arrears)

Ngakai Ruiha Cummings-Hakaraia must pay Team Group Rentals Limited $1,029.47 immediately, calculated as shown in table below.
The Bond Centre is to pay the bond of $2,720.00 (5979487-005) to Team Group Rentals Limited immediately. DescriptionLandlord Water rates$139.23 Lock/key replacement$302.91 Window repairs$185.89 Rubbish removal: incl tip fees and vehicle charges $1,783.80 Cleaning$600.00 Carpet cleaning and repairs$717.20 Filing fee reimbursement$20.44 Total award$3,749.47 Bond$2,720.00 Total payable by Tenant to Landlord$1,029.47

Reasons

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

Is money owed for water rates?

The landlord provided evidence of water rates charges that have not been paid 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 did not leave the premises reasonably clean and tidy.
The landlord has claimed for 60 hours of cleaning time to make the premises reasonably clean. However the photos provided in evidence do not prove that the cleaning needed was extensive. The Tribunal hears many claims for cleaning and sees many cleaning invoices. There is insufficient evidence to justify that number of hours for cleaning this property at the end of the tenancy. I have allowed for 20 hours at the rate requested in the application.
The landlord has claimed $1,894.05 for removing rubbish. The landlord provided photographs in support of the claim. The tenants left a considerable amount of their belongs for the landlord to clear. A contractor was employed. The amount ordered reflects that GST may have been double charged for tip costs.
The locks had to be changed and some repaired at the end of the tenancy. The tenant did not return the keys.
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.
Window damage was caused in one bedroom during the tenancy. The damage is more than fair wear and tear, and the tenant has not disproved liability for the damage.
The carpet was intentionally damaged during the tenancy. Holes were cut that needed repair. The carpet was new at the end of the tenancy. There were stains on the carpet that needed to be removed.
The amounts ordered are proved. Filing Fee
Because the landlord has been wholly successful with the claim, the filing fee of $20.44 is ordered. B Smallbone Monday, 22 April 2024

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 4805860 — net $1,029.47 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Water rates	$139.23	Water rates
Lock/key replacement	$302.91	Lock/key replacement
Window repairs	$185.89	Window repairs
Rubbish removal: incl tip fees and vehicle charges	$1,783.80	Rubbish removal: incl tip fees and vehicle charges
Cleaning	$600.00	Cleaning
Carpet cleaning and repairs	$717.20	Carpet cleaning and repairs
Filing fee reimbursement	$20.44	cause the landlord has been wholly successful with the claim, the filing fee of $20.44 is ordered. B Smallbone Monday, 22 April 2024 __________________________…
Net award	$1,029.47
Total payable by Tenant to Landlord	$1,029.47

Claims and awards for application 4805860 — net $1,029.47 NZD. Verify on MoJ.

Water rates

Amount: $139.23
Awarded to: Landlord
Reason: Water rates

Lock/key replacement

Amount: $302.91
Awarded to: Landlord
Reason: Lock/key replacement

Window repairs

Amount: $185.89
Awarded to: Landlord
Reason: Window repairs

Rubbish removal: incl tip fees and vehicle charges

Amount: $1,783.80
Awarded to: Landlord
Reason: Rubbish removal: incl tip fees and vehicle charges

Cleaning

Amount: $600.00
Awarded to: Landlord
Reason: Cleaning

Claim types — money lines allowed on this order

Carpet Cleaning Cleanliness Filing Fee Property damage Rubbish Removal Water Rates

Order

(Correction - the application did not include a claim for rent arrears)

Ngakai Ruiha Cummings-Hakaraia must pay Team Group Rentals Limited $1,029.47 immediately, calculated as shown in table below.
The Bond Centre is to pay the bond of $2,720.00 (5979487-005) to Team Group Rentals Limited immediately. DescriptionLandlord Water rates$139.23 Lock/key replacement$302.91 Window repairs$185.89 Rubbish removal: incl tip fees and vehicle charges $1,783.80 Cleaning$600.00 Carpet cleaning and repairs$717.20 Filing fee reimbursement$20.44 Total award$3,749.47 Bond$2,720.00 Total payable by Tenant to Landlord$1,029.47

Reasons

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

Is money owed for water rates?

The landlord provided evidence of water rates charges that have not been paid 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 did not leave the premises reasonably clean and tidy.
The landlord has claimed for 60 hours of cleaning time to make the premises reasonably clean. However the photos provided in evidence do not prove that the cleaning needed was extensive. The Tribunal hears many claims for cleaning and sees many cleaning invoices. There is insufficient evidence to justify that number of hours for cleaning this property at the end of the tenancy. I have allowed for 20 hours at the rate requested in the application.
The landlord has claimed $1,894.05 for removing rubbish. The landlord provided photographs in support of the claim. The tenants left a considerable amount of their belongs for the landlord to clear. A contractor was employed. The amount ordered reflects that GST may have been double charged for tip costs.
The locks had to be changed and some repaired at the end of the tenancy. The tenant did not return the keys.
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.
Window damage was caused in one bedroom during the tenancy. The damage is more than fair wear and tear, and the tenant has not disproved liability for the damage.
The carpet was intentionally damaged during the tenancy. Holes were cut that needed repair. The carpet was new at the end of the tenancy. There were stains on the carpet that needed to be removed.
The amounts ordered are proved. Filing Fee
Because the landlord has been wholly successful with the claim, the filing fee of $20.44 is ordered. B Smallbone Monday, 22 April 2024

Tenancy Tribunal case 4805860 — Cleanliness at 147 Main Highway, Otaki, Otaki 5512

At a glance

Tenancy Tribunal case 4805860 — Cleanliness at 147 Main Highway, Otaki, Otaki 5512

At a glance

Award balance

Claims & awards

Order

Reasons

Is money 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

Award balance

Claims & awards

Order

Reasons

Is money 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