What was the outcome of Tenancy Tribunal case 4895940?

The tribunal order states: Nathan Gear-Kimura must pay Nw Property Management Limited As Agent For

How much money was awarded in case 4895940?

Bed Linen (50% Depreciation Applied: $72.50 awarded to landlord; Charges For Pick Up, Delivery & Asse…: $150.00 awarded to landlord; Cleaning: $350.00 awarded to landlord; Filing Fee: $20.44 awarded to landlord; Lock Change: $275.00 awarded to landlord; Mattress (50% Depreciation Applied: $99.00 awarded to landlord; Previous Order Application 4844271 D…: $633.30 awarded to landlord; Tall Boy Drawer: $159.00 awarded to landlord

What type of tenancy dispute was case 4895940?

The primary dispute was Cleanliness.

Where can I read the official tribunal order for case 4895940?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/10641958-Tenancy_Tribunal_Order.pdf.

What was the outcome of Tenancy Tribunal case 4895940?

The tribunal order states: Nathan Gear-Kimura must pay Nw Property Management Limited As Agent For

How much money was awarded in case 4895940?

Bed Linen (50% Depreciation Applied: $72.50 awarded to landlord; Charges For Pick Up, Delivery & Asse…: $150.00 awarded to landlord; Cleaning: $350.00 awarded to landlord; Filing Fee: $20.44 awarded to landlord; Lock Change: $275.00 awarded to landlord; Mattress (50% Depreciation Applied: $99.00 awarded to landlord; Previous Order Application 4844271 D…: $633.30 awarded to landlord; Tall Boy Drawer: $159.00 awarded to landlord

What type of tenancy dispute was case 4895940?

The primary dispute was Cleanliness.

Where can I read the official tribunal order for case 4895940?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/10641958-Tenancy_Tribunal_Order.pdf.

Unit/Flat 8, 277 East Tamaki Road, Otara, Auckland 2023 Tenancy Tribunal Case 4895940 — Cleanliness

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Unit/Flat 8, 277 East Tamaki Road, Otara, Auckland 2023 Tenancy Tribunal Case 4895940 — 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 4895940 — net $1,759.24 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Previous order application 4844271 dated 29/04/2024	$633.30	Previous order application 4844271 dated 29/04/2024
Cleaning	$350.00	Cleaning
Lock change	$275.00	Lock change
Mattress (50% depreciation applied	$99.00	Mattress (50% depreciation applied
Bed linen (50% depreciation applied	$72.50	Bed linen (50% depreciation applied
Tall boy drawer	$159.00	Tall boy drawer
Charges for pick up, delivery & assembly of the tall boy drawer	$150.00	Charges for pick up, delivery & assembly of the tall boy drawer
Filing fee reimbursement	$20.44	Filing fee reimbursement
Net award	$1,759.24
Total payable by Tenant to Landlord	$1,759.24

Claims and awards for application 4895940 — net $1,759.24 NZD. Verify on MoJ.

Previous order application 4844271 dated 29/04/2024

Amount: $633.30
Awarded to: Landlord
Reason: Previous order application 4844271 dated 29/04/2024

Cleaning

Amount: $350.00
Awarded to: Landlord
Reason: Cleaning

Lock change

Amount: $275.00
Awarded to: Landlord
Reason: Lock change

Mattress (50% depreciation applied

Amount: $99.00
Awarded to: Landlord
Reason: Mattress (50% depreciation applied

Bed linen (50% depreciation applied

Amount: $72.50
Awarded to: Landlord
Reason: Bed linen (50% depreciation applied

Claim types — money lines allowed on this order

Cleanliness Filing Fee

Order

Nathan Gear-Kimura must pay Nw Property Management Limited As Agent For Travama Trust Ltd $1,759.24 immediately, calculated as shown in table below.
This order incorporates the Tribunal order made on 29 April 2024 under application 4844271.

Reasons

The landlord attended the hearing which was held by teleconference. The other party did not attend. The Tribunal was unable to contact the other party on the contact number provided in the application. The Tribunal was satisfied that adequate service of the hearing notice had been completed and proceeded with the hearing in the other party’s absence.
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 and are they responsible for damage caused during 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.
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.
The tenant did not leave the premises reasonably clean and tidy, and did not return the swipe card or room/rubbish bin keys at the end of the tenancy.
The bed linen was missing at the end of the tenancy.
The mattress was heavily stained and the wardrobe was damaged during the tenancy. The damage is more than fair wear and tear, and the tenant has not disproved liability for the damage.
The landlord relied on the property inspection report from the start of the tenancy, photographs of the premises at the end of the tenancy and invoices.
The amounts ordered are proved. I note the damaged wardrobe was replaced with the tall boy drawer which is a cheaper option and therefore allowed in full.
I have taken into account betterment and depreciation. The landlord should be returned to the position they would have been in had the tenant not breached their obligations, and should not be better or worse off. In calculating depreciation in terms of the mattress and bed linen, I have taken into account the age and condition of the items at the start of the tenancy and their likely useful lifespan. Incorporating the previous order
On 29 April 2024, the Tribunal made an order relating to this tenancy, ordering the tenant to pay the sum of $633.30 to the landlord. The previous order is incorporated into this order for enforcement purposes. Filing fee
As the landlord has wholly succeeded with the claim, I must order the other party to reimburse the filing fee.

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 4895940 — net $1,759.24 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Previous order application 4844271 dated 29/04/2024	$633.30	Previous order application 4844271 dated 29/04/2024
Cleaning	$350.00	Cleaning
Lock change	$275.00	Lock change
Mattress (50% depreciation applied	$99.00	Mattress (50% depreciation applied
Bed linen (50% depreciation applied	$72.50	Bed linen (50% depreciation applied
Tall boy drawer	$159.00	Tall boy drawer
Charges for pick up, delivery & assembly of the tall boy drawer	$150.00	Charges for pick up, delivery & assembly of the tall boy drawer
Filing fee reimbursement	$20.44	Filing fee reimbursement
Net award	$1,759.24
Total payable by Tenant to Landlord	$1,759.24

Claims and awards for application 4895940 — net $1,759.24 NZD. Verify on MoJ.

Previous order application 4844271 dated 29/04/2024

Amount: $633.30
Awarded to: Landlord
Reason: Previous order application 4844271 dated 29/04/2024

Cleaning

Amount: $350.00
Awarded to: Landlord
Reason: Cleaning

Lock change

Amount: $275.00
Awarded to: Landlord
Reason: Lock change

Mattress (50% depreciation applied

Amount: $99.00
Awarded to: Landlord
Reason: Mattress (50% depreciation applied

Bed linen (50% depreciation applied

Amount: $72.50
Awarded to: Landlord
Reason: Bed linen (50% depreciation applied

Claim types — money lines allowed on this order

Cleanliness Filing Fee

Order

Nathan Gear-Kimura must pay Nw Property Management Limited As Agent For Travama Trust Ltd $1,759.24 immediately, calculated as shown in table below.
This order incorporates the Tribunal order made on 29 April 2024 under application 4844271.

Reasons

The landlord attended the hearing which was held by teleconference. The other party did not attend. The Tribunal was unable to contact the other party on the contact number provided in the application. The Tribunal was satisfied that adequate service of the hearing notice had been completed and proceeded with the hearing in the other party’s absence.
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 and are they responsible for damage caused during 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.
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.
The tenant did not leave the premises reasonably clean and tidy, and did not return the swipe card or room/rubbish bin keys at the end of the tenancy.
The bed linen was missing at the end of the tenancy.
The mattress was heavily stained and the wardrobe was damaged during the tenancy. The damage is more than fair wear and tear, and the tenant has not disproved liability for the damage.
The landlord relied on the property inspection report from the start of the tenancy, photographs of the premises at the end of the tenancy and invoices.
The amounts ordered are proved. I note the damaged wardrobe was replaced with the tall boy drawer which is a cheaper option and therefore allowed in full.
I have taken into account betterment and depreciation. The landlord should be returned to the position they would have been in had the tenant not breached their obligations, and should not be better or worse off. In calculating depreciation in terms of the mattress and bed linen, I have taken into account the age and condition of the items at the start of the tenancy and their likely useful lifespan. Incorporating the previous order
On 29 April 2024, the Tribunal made an order relating to this tenancy, ordering the tenant to pay the sum of $633.30 to the landlord. The previous order is incorporated into this order for enforcement purposes. Filing fee
As the landlord has wholly succeeded with the claim, I must order the other party to reimburse the filing fee.

Tenancy Tribunal case 4895940 — Cleanliness at Unit/Flat 8, 277 East Tamaki Road, Otara, Auckland 2023

At a glance

Tenancy Tribunal case 4895940 — Cleanliness at Unit/Flat 8, 277 East Tamaki Road, Otara, Auckland 2023

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