What was the outcome of Tenancy Tribunal case 4942336?

The tribunal order states: Jason Bradshaw must pay Te Ahuru Mowai Limited Partnership $3,671.18

How much money was awarded in case 4942336?

Cleaning: $931.15 awarded to landlord; Property Damage: $257.28 awarded to landlord; Rubbish Removal: $3,208.15 awarded to landlord

What type of tenancy dispute was case 4942336?

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

Where can I read the official tribunal order for case 4942336?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/10972459-Tenancy_Tribunal_Order.pdf.

What was the outcome of Tenancy Tribunal case 4942336?

The tribunal order states: Jason Bradshaw must pay Te Ahuru Mowai Limited Partnership $3,671.18

How much money was awarded in case 4942336?

Cleaning: $931.15 awarded to landlord; Property Damage: $257.28 awarded to landlord; Rubbish Removal: $3,208.15 awarded to landlord

What type of tenancy dispute was case 4942336?

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

Where can I read the official tribunal order for case 4942336?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/10972459-Tenancy_Tribunal_Order.pdf.

33 Roberts Street, Tawa, Wellington 5028 Tenancy Tribunal Case 4942336 — Cleanliness

Order

Claims and awards in Tenancy Tribunal application 4942336 — net $4,186.58 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rubbish removal	$3,208.15	Rubbish removal
Cleaning	$931.15	Cleaning
Repairs	$257.28	Repairs
Net award	$4,186.58
Total payable by Tenant to Landlord	$4,186.58

Jason Bradshaw must pay Te Ahuru Mowai Limited Partnership $3,671.18 immediately being $4,186.58 as shown in the table below, less an amount of $515.40 held in credit by the landlord.

The Bond Centre is to pay the bond of $210.00 (3111075-007) to Te Ahuru Mowai Limited Partnership immediately. DescriptionLandlord Rubbish removal$3,208.15 Cleaning$931.15 Repairs$257.28 Total award$4,396.58 Bond$210.00 Total payable by Tenant to Landlord$4,186.58

Reasons

Both parties attended the hearing by telephone.

The landlord has applied for compensation and refund of the bond following 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, and remove all rubbish. See section 40(1)(e)(ii)-(v) Residential Tenancies Act 1986.

The landlord provided comprehensive photographic evidence that tenant did not leave the premises reasonably clean and tidy, and did not remove all rubbish.

The tenant advised that he was forced from the property and did not have the opportunity or ability to clean the property adequately. This does not alter his legal obligation to do so.

The amounts ordered are proved.

Is the tenant responsible for the damage to the premises?

The landlord provided extensive photographic evidence of damage caused to the property during the tenancy. The landlord also provided an entry report from when the tenancy started.

The landlord provided evidence of the substantial costs incurred. It has determined that it is not seeking the total amount from the tenant. It confirmed that it has decided to limit its claim to $4,396.58 in total.

It is not therefore necessary to consider all the alleged damage, only sufficient to reach the amount claimed by the landlord. After the deduction of the rubbish removal cost of $3,208.15 and cleaning costs of $931.15 (totalling $4,139.30), this leaves an amount of $257.28.

The tenant claimed that none of the extensive damage was caused by him. He claimed that some of the damage was caused by the landlord’s contractors, but did not provide any evidence to support his claim. Alternatively, he claimed that it was caused by fair wear and tear.

The tenant’s explanations lacked credibility and any supporting evidence. The landlord’s photographic evidence is that the property was in a good state of repair at the start of the tenancy but was left in a damaged and poor state at its end.

The landlord has proven on the balance of probabilities, supported by cogent evidence, that the tenant has damaged the property during the tenancy. The Tribunal accepts that the tenant has caused the following damage: a window in the property was broken, there were a number holes in the walls and a door was damaged during the tenancy. None of these matters were fair wear and tear as claimed by the tenant. By their nature and extent, they were caused intentionally.

The landlord is entitled to the amount claimed so that the tenant’s total liability will be $4,396.58. The Tribunal accepts on the evidence before it that his liability could exceed this sum by a substantial sum. Because the amount claimed for repair of $257.28 is significantly less than the amount for which the landlord has provided evidence, it is not necessary to consider depreciation and betterment.

Claims and awards in Tenancy Tribunal application 4942336 — net $4,186.58 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rubbish removal	$3,208.15	Rubbish removal
Cleaning	$931.15	Cleaning
Repairs	$257.28	Repairs
Net award	$4,186.58
Total payable by Tenant to Landlord	$4,186.58

Order

Jason Bradshaw must pay Te Ahuru Mowai Limited Partnership $3,671.18 immediately being $4,186.58 as shown in the table below, less an amount of $515.40 held in credit by the landlord.
The Bond Centre is to pay the bond of $210.00 (3111075-007) to Te Ahuru Mowai Limited Partnership immediately. DescriptionLandlord Rubbish removal$3,208.15 Cleaning$931.15 Repairs$257.28 Total award$4,396.58 Bond$210.00 Total payable by Tenant to Landlord$4,186.58

Reasons

Both parties attended the hearing by telephone.
The landlord has applied for compensation and refund of the bond following 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, and remove all rubbish. See section 40(1)(e)(ii)-(v) Residential Tenancies Act 1986.
The landlord provided comprehensive photographic evidence that tenant did not leave the premises reasonably clean and tidy, and did not remove all rubbish.
The tenant advised that he was forced from the property and did not have the opportunity or ability to clean the property adequately. This does not alter his legal obligation to do so.
The amounts ordered are proved.

Is the tenant responsible for the damage to the premises?

The landlord provided extensive photographic evidence of damage caused to the property during the tenancy. The landlord also provided an entry report from when the tenancy started.
The landlord provided evidence of the substantial costs incurred. It has determined that it is not seeking the total amount from the tenant. It confirmed that it has decided to limit its claim to $4,396.58 in total.
It is not therefore necessary to consider all the alleged damage, only sufficient to reach the amount claimed by the landlord. After the deduction of the rubbish removal cost of $3,208.15 and cleaning costs of $931.15 (totalling $4,139.30), this leaves an amount of $257.28.
The tenant claimed that none of the extensive damage was caused by him. He claimed that some of the damage was caused by the landlord’s contractors, but did not provide any evidence to support his claim. Alternatively, he claimed that it was caused by fair wear and tear.
The tenant’s explanations lacked credibility and any supporting evidence. The landlord’s photographic evidence is that the property was in a good state of repair at the start of the tenancy but was left in a damaged and poor state at its end.
The landlord has proven on the balance of probabilities, supported by cogent evidence, that the tenant has damaged the property during the tenancy. The Tribunal accepts that the tenant has caused the following damage: a window in the property was broken, there were a number holes in the walls and a door was damaged during the tenancy. None of these matters were fair wear and tear as claimed by the tenant. By their nature and extent, they were caused intentionally.
The landlord is entitled to the amount claimed so that the tenant’s total liability will be $4,396.58. The Tribunal accepts on the evidence before it that his liability could exceed this sum by a substantial sum. Because the amount claimed for repair of $257.28 is significantly less than the amount for which the landlord has provided evidence, it is not necessary to consider depreciation and betterment.

Tenancy Tribunal case 4942336 — Cleanliness at 33 Roberts Street, Tawa, Wellington 5028

At a glance

Tenancy Tribunal case 4942336 — Cleanliness at 33 Roberts Street, Tawa, Wellington 5028

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