What was the outcome of Tenancy Tribunal case 4911934?

The tribunal order states: Paula Williams must pay Otautahi Community Housing Trust $2,242.58

How much money was awarded in case 4911934?

Cleaning: $115.00 awarded to landlord; Cleaning: $332.70 awarded to landlord; Cleaning: $660.20 awarded to landlord; Filing Fee: $20.44 awarded to landlord; Rent Credit: $224.28 awarded to tenant; Property Damage: $117.52 awarded to landlord; Rubbish Removal: $1,725.00 awarded to landlord

What type of tenancy dispute was case 4911934?

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

Where can I read the official tribunal order for case 4911934?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/10756969-Tenancy_Tribunal_Order.pdf.

What was the outcome of Tenancy Tribunal case 4911934?

The tribunal order states: Paula Williams must pay Otautahi Community Housing Trust $2,242.58

How much money was awarded in case 4911934?

Cleaning: $115.00 awarded to landlord; Cleaning: $332.70 awarded to landlord; Cleaning: $660.20 awarded to landlord; Filing Fee: $20.44 awarded to landlord; Rent Credit: $224.28 awarded to tenant; Property Damage: $117.52 awarded to landlord; Rubbish Removal: $1,725.00 awarded to landlord

What type of tenancy dispute was case 4911934?

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

Where can I read the official tribunal order for case 4911934?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/10756969-Tenancy_Tribunal_Order.pdf.

Unit/Flat 5, 29 Lesley Keast Place, Hornby, Christchurch Tenancy Tribunal Case 4911934 — Cleanliness

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Unit/Flat 5, 29 Lesley Keast Place, Hornby, Christchurch Tenancy Tribunal Case 4911934 — 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 4911934 — net $2,242.58 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Tenant	Reason
Oven/stove cleaning	$115.00		Oven/stove cleaning
Cleaning: Additional cleaning hours for walls	$332.70		Cleaning: Additional cleaning hours for walls
Cleaning: Extensive clean of whole house	$660.20		Cleaning: Extensive clean of whole house
Rubbish removal: Soft furnishings and other abandoned	$1,725.00		Rubbish removal: Soft furnishings and other abandoned
Repairs: Prepare and paint damaged door	$117.52		Repairs: Prepare and paint damaged door
Filing fee reimbursement	$20.44		Filing fee reimbursement
Rent credit		$224.28	Rent credit
Total award	$2,970.86	$224.28
Net award	$2,242.58
Total payable by Tenant to Landlord	$2,242.58

Claims and awards for application 4911934 — net $2,242.58 NZD. Verify on MoJ.

Oven/stove cleaning

Amount: $115.00
Awarded to: Landlord
Reason: Oven/stove cleaning

Cleaning: Additional cleaning hours for walls

Amount: $332.70
Awarded to: Landlord
Reason: Cleaning: Additional cleaning hours for walls

Cleaning: Extensive clean of whole house

Amount: $660.20
Awarded to: Landlord
Reason: Cleaning: Extensive clean of whole house

Rubbish removal: Soft furnishings and other abandoned

Amount: $1,725.00
Awarded to: Landlord
Reason: Rubbish removal: Soft furnishings and other abandoned

Repairs: Prepare and paint damaged door

Amount: $117.52
Awarded to: Landlord

Claim types — money lines allowed on this order

Cleanliness Filing Fee Property damage Rubbish Removal

Order

Paula Williams must pay Otautahi Community Housing Trust $2,242.58 immediately, calculated as shown in table below.

Reasons

Mr Waters, Ms Newton and Mr Trustum attended on behalf of the landlord.
The tenant did not attend.
The tenancy agreement provided to the Tribunal in relation to this tenancy shows Leezha Stirling as the tenant with the other respondents named as additional occupants.
The landlord gave oral evidence that Leezha and Lilly Stirling had been released from their obligations some years before this tenancy ended and that Ms Williams had taken over as sole tenant.
This was supported by additional evidence provided by the landlord after the hearing which showed that Leeza Stirling was formally released from her obligations and Ms Williams took over on 9 September 2020. Lilly Stirling was never named as a tenant.
The landlord has applied for compensation and reimbursement of the filing fee following the end of the tenancy.
The tenancy ended on18 April 2024.
The tenant had overpaid rent in the sum of $224.28.
The bond ($504.00) has already been paid to the landlord.
Both amounts have been credited against the amounts ordered.

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 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.
The landlord paid two sums for cleaning being, $660.20 for a thorough general clean and $332.70 for additional hours for the cleaning of particularly dirty walls.
The landlord provided invoices and photographs to prove the amounts owning.
The tenant did not clean the oven.
The landlord provided an invoice for oven cleaning for $190.81 but reduced the charge to the tenant to $115.00 as is this landlord’s practise in some cases.
The tenant did not remove all rubbish and personal belongings at the end of the tenancy.
The landlord provided an invoice in the sum of $3567.30 for disposal of the soft furnishings and other property abandoned by the tenant at the end of the tenancy. The amount claimed was reduced to $1725.00 as is this landlord’s practise in some cases.
The amounts ordered are proved as against Ms Williams.

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 occurs after 27 August 2019, section 49B of the Act applies. If the landlord becomes aware of the damage after 27 August, the damage is presumed to have occurred after that date unless the tenant proves otherwise.
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.
Damage is intentional where a person intends to cause damage and takes the necessary steps to achieve that purpose. Damage is also intentional where a person does something, or allows a situation to continue, knowing that damage is a certainty (see Guo v Korck [2019] NZHC 1541).
The front door at the property was damaged during the tenancy and required repainting.
The landlord provided photographs and an invoice to prove the amount owing.
The amounts ordered are proved as against Ms Williams.
As Otautahi Community Housing Trust has wholly succeeded with the claim I must 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 4911934 — net $2,242.58 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Tenant	Reason
Oven/stove cleaning	$115.00		Oven/stove cleaning
Cleaning: Additional cleaning hours for walls	$332.70		Cleaning: Additional cleaning hours for walls
Cleaning: Extensive clean of whole house	$660.20		Cleaning: Extensive clean of whole house
Rubbish removal: Soft furnishings and other abandoned	$1,725.00		Rubbish removal: Soft furnishings and other abandoned
Repairs: Prepare and paint damaged door	$117.52		Repairs: Prepare and paint damaged door
Filing fee reimbursement	$20.44		Filing fee reimbursement
Rent credit		$224.28	Rent credit
Total award	$2,970.86	$224.28
Net award	$2,242.58
Total payable by Tenant to Landlord	$2,242.58

Claims and awards for application 4911934 — net $2,242.58 NZD. Verify on MoJ.

Oven/stove cleaning

Amount: $115.00
Awarded to: Landlord
Reason: Oven/stove cleaning

Cleaning: Additional cleaning hours for walls

Amount: $332.70
Awarded to: Landlord
Reason: Cleaning: Additional cleaning hours for walls

Cleaning: Extensive clean of whole house

Amount: $660.20
Awarded to: Landlord
Reason: Cleaning: Extensive clean of whole house

Rubbish removal: Soft furnishings and other abandoned

Amount: $1,725.00
Awarded to: Landlord
Reason: Rubbish removal: Soft furnishings and other abandoned

Repairs: Prepare and paint damaged door

Amount: $117.52
Awarded to: Landlord

Claim types — money lines allowed on this order

Cleanliness Filing Fee Property damage Rubbish Removal

Order

Paula Williams must pay Otautahi Community Housing Trust $2,242.58 immediately, calculated as shown in table below.

Reasons

Mr Waters, Ms Newton and Mr Trustum attended on behalf of the landlord.
The tenant did not attend.
The tenancy agreement provided to the Tribunal in relation to this tenancy shows Leezha Stirling as the tenant with the other respondents named as additional occupants.
The landlord gave oral evidence that Leezha and Lilly Stirling had been released from their obligations some years before this tenancy ended and that Ms Williams had taken over as sole tenant.
This was supported by additional evidence provided by the landlord after the hearing which showed that Leeza Stirling was formally released from her obligations and Ms Williams took over on 9 September 2020. Lilly Stirling was never named as a tenant.
The landlord has applied for compensation and reimbursement of the filing fee following the end of the tenancy.
The tenancy ended on18 April 2024.
The tenant had overpaid rent in the sum of $224.28.
The bond ($504.00) has already been paid to the landlord.
Both amounts have been credited against the amounts ordered.

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 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.
The landlord paid two sums for cleaning being, $660.20 for a thorough general clean and $332.70 for additional hours for the cleaning of particularly dirty walls.
The landlord provided invoices and photographs to prove the amounts owning.
The tenant did not clean the oven.
The landlord provided an invoice for oven cleaning for $190.81 but reduced the charge to the tenant to $115.00 as is this landlord’s practise in some cases.
The tenant did not remove all rubbish and personal belongings at the end of the tenancy.
The landlord provided an invoice in the sum of $3567.30 for disposal of the soft furnishings and other property abandoned by the tenant at the end of the tenancy. The amount claimed was reduced to $1725.00 as is this landlord’s practise in some cases.
The amounts ordered are proved as against Ms Williams.

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 occurs after 27 August 2019, section 49B of the Act applies. If the landlord becomes aware of the damage after 27 August, the damage is presumed to have occurred after that date unless the tenant proves otherwise.
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.
Damage is intentional where a person intends to cause damage and takes the necessary steps to achieve that purpose. Damage is also intentional where a person does something, or allows a situation to continue, knowing that damage is a certainty (see Guo v Korck [2019] NZHC 1541).
The front door at the property was damaged during the tenancy and required repainting.
The landlord provided photographs and an invoice to prove the amount owing.
The amounts ordered are proved as against Ms Williams.
As Otautahi Community Housing Trust has wholly succeeded with the claim I must reimburse the filing fee.

Tenancy Tribunal case 4911934 — Cleanliness at Unit/Flat 5, 29 Lesley Keast Place, Hornby, Christchurch

At a glance

Tenancy Tribunal case 4911934 — Cleanliness at Unit/Flat 5, 29 Lesley Keast Place, Hornby, Christchurch

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