What was the outcome of Tenancy Tribunal case 4928135?

The tribunal order states: Euan Sapwell to pay Home 365 Property Management Ltd $937.66 from the

How much money was awarded in case 4928135?

Cleaning: $205.85 awarded to landlord; Garage Remotes: $457.70 awarded to landlord; Water Rates: $274.11 awarded to landlord

What type of tenancy dispute was case 4928135?

The primary dispute was Cleanliness.

Where can I read the official tribunal order for case 4928135?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/10546802-Tenancy_Tribunal_Order.pdf.

What was the outcome of Tenancy Tribunal case 4928135?

The tribunal order states: Euan Sapwell to pay Home 365 Property Management Ltd $937.66 from the

How much money was awarded in case 4928135?

Cleaning: $205.85 awarded to landlord; Garage Remotes: $457.70 awarded to landlord; Water Rates: $274.11 awarded to landlord

What type of tenancy dispute was case 4928135?

The primary dispute was Cleanliness.

Where can I read the official tribunal order for case 4928135?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/10546802-Tenancy_Tribunal_Order.pdf.

79 Lake Road, Devonport, Auckland 0622 Tenancy Tribunal Case 4928135 — Cleanliness

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79 Lake Road, Devonport, Auckland 0622 Tenancy Tribunal Case 4928135 — 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 4928135 — net $937.66 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Water rates	$274.11	Water rates
Garage remotes	$457.70	Garage remotes
Cleaning	$205.85	Cleaning
Net award	$937.66
Bond	$3,840.00
Total payable by Tenant to Landlord	$937.66

Claims and awards for application 4928135 — net $937.66 NZD. Verify on MoJ.

Water rates

Amount: $274.11
Awarded to: Landlord
Reason: Water rates

Garage remotes

Amount: $457.70
Awarded to: Landlord
Reason: Garage remotes

Cleaning

Amount: $205.85
Awarded to: Landlord
Reason: Cleaning

Net award

Landlord $937.66

Bond

Landlord $3,840.00

Total payable by Tenant to Landlord

Landlord $937.66

Claim types — money lines allowed on this order

Cleanliness Water Rates

Order

Euan Sapwell to pay Home 365 Property Management Ltd $937.66 from the bond, calculated as shown in table below.
The Bond Centre is to pay the bond of $3,840.00 (5834891-001) immediately apportioned as follows: Home 365 Property Management Ltd: $937.66 Euan Sapwell: $2,902.34

Reasons

Both parties attended the hearing.
The tenant has applied for refund of the bond.
The landlord has applied for water rates, compensation and refund of the bond.

How much is owed for water rates?

The tenancy ended on 7 May 2024. The landlord provided water rates invoices for the last four months of the tenancy.
While there was a suggestion that one of the invoices was sent to the tenant later than it should have been, on balance I accept that the tenant has not paid the water rates which are ordered. At the hearing the tenant did not provide any evidence that he had paid any of these invoices.

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 landlord sought costs for cleaning. Photographs were produced showing that there were carpet stains in a room other than that occupied by Mr Sapwell. I mention this because an earlier Tribunal order made a work order in respect of the carpet in Mr Sapwell’s room.
On the evidence I accept that the carpet in the particular room was not reasonably clean, and the claim is ordered.
The landlord claims that two garage remotes were not returned at the end of the tenancy. The tenant says that he left them in the premises, but I prefer the evidence of the landlord. Reimbursement for the garage remotes is ordered.
The landlord sought reimbursement in respect of a payment made to the tenant for a Healthy Homes report. The tenant had requested the report, but the contents of the report was of benefit to the landlord because at the very least it informed the landlord that there was no ground vapour barrier at the premises.
The invoice for the report was in the name of the tenant. The landlord says that the tenant was reimbursed in error.
I am not satisfied that the landlord should be reimbursed in the circumstances. That part of the landlord’s claim is dismissed.
As both parties have had some success with their respective applications, I make no order for reimbursement of 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 4928135 — net $937.66 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Water rates	$274.11	Water rates
Garage remotes	$457.70	Garage remotes
Cleaning	$205.85	Cleaning
Net award	$937.66
Bond	$3,840.00
Total payable by Tenant to Landlord	$937.66

Claims and awards for application 4928135 — net $937.66 NZD. Verify on MoJ.

Water rates

Amount: $274.11
Awarded to: Landlord
Reason: Water rates

Garage remotes

Amount: $457.70
Awarded to: Landlord
Reason: Garage remotes

Cleaning

Amount: $205.85
Awarded to: Landlord
Reason: Cleaning

Net award

Landlord $937.66

Bond

Landlord $3,840.00

Total payable by Tenant to Landlord

Landlord $937.66

Claim types — money lines allowed on this order

Cleanliness Water Rates

Order

Euan Sapwell to pay Home 365 Property Management Ltd $937.66 from the bond, calculated as shown in table below.
The Bond Centre is to pay the bond of $3,840.00 (5834891-001) immediately apportioned as follows: Home 365 Property Management Ltd: $937.66 Euan Sapwell: $2,902.34

Reasons

Both parties attended the hearing.
The tenant has applied for refund of the bond.
The landlord has applied for water rates, compensation and refund of the bond.

How much is owed for water rates?

The tenancy ended on 7 May 2024. The landlord provided water rates invoices for the last four months of the tenancy.
While there was a suggestion that one of the invoices was sent to the tenant later than it should have been, on balance I accept that the tenant has not paid the water rates which are ordered. At the hearing the tenant did not provide any evidence that he had paid any of these invoices.

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 landlord sought costs for cleaning. Photographs were produced showing that there were carpet stains in a room other than that occupied by Mr Sapwell. I mention this because an earlier Tribunal order made a work order in respect of the carpet in Mr Sapwell’s room.
On the evidence I accept that the carpet in the particular room was not reasonably clean, and the claim is ordered.
The landlord claims that two garage remotes were not returned at the end of the tenancy. The tenant says that he left them in the premises, but I prefer the evidence of the landlord. Reimbursement for the garage remotes is ordered.
The landlord sought reimbursement in respect of a payment made to the tenant for a Healthy Homes report. The tenant had requested the report, but the contents of the report was of benefit to the landlord because at the very least it informed the landlord that there was no ground vapour barrier at the premises.
The invoice for the report was in the name of the tenant. The landlord says that the tenant was reimbursed in error.
I am not satisfied that the landlord should be reimbursed in the circumstances. That part of the landlord’s claim is dismissed.
As both parties have had some success with their respective applications, I make no order for reimbursement of the filing fee.

Tenancy Tribunal case 4928135 — Cleanliness at 79 Lake Road, Devonport, Auckland 0622

At a glance

Tenancy Tribunal case 4928135 — Cleanliness at 79 Lake Road, Devonport, Auckland 0622

At a glance

Award balance

Claims & awards

Order

Reasons

How much is owed for water rates?

Did the tenant comply with their obligations at the end of the tenancy?

Topics & place

Residential Tenancies Act sections

Key findings

Property management

Frequently asked questions

Award balance

Claims & awards

Order

Reasons

How much is owed for water rates?

Did the tenant comply with their obligations at the end of the tenancy?

Topics & place

Residential Tenancies Act sections

Key findings

Property management

Frequently asked questions