What was the outcome of Tenancy Tribunal case 4985205?

The tribunal order states: Jack Tattley-Hutchings must pay Bronwyn Kay Agency Limited $2,765.14

How much money was awarded in case 4985205?

Cleaning: $870.00 awarded to landlord; Filing Fee: $27.00 awarded to landlord; Rubbish Removal: $1,868.14 awarded to landlord

What type of tenancy dispute was case 4985205?

The primary dispute was Cleanliness.

Where can I read the official tribunal order for case 4985205?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/10964230-Tenancy_Tribunal_Order.pdf.

What was the outcome of Tenancy Tribunal case 4985205?

The tribunal order states: Jack Tattley-Hutchings must pay Bronwyn Kay Agency Limited $2,765.14

How much money was awarded in case 4985205?

Cleaning: $870.00 awarded to landlord; Filing Fee: $27.00 awarded to landlord; Rubbish Removal: $1,868.14 awarded to landlord

What type of tenancy dispute was case 4985205?

The primary dispute was Cleanliness.

Where can I read the official tribunal order for case 4985205?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/10964230-Tenancy_Tribunal_Order.pdf.

22 Tolerton Avenue, Elgin, Gisborne 4010 Tenancy Tribunal Case 4985205 — Cleanliness

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22 Tolerton Avenue, Elgin, Gisborne 4010 Tenancy Tribunal Case 4985205 — 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 4985205 — net $2,765.14 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Cleaning	$870.00	Cleaning
Rubbish removal	$1,868.14	Rubbish removal
Filing fee reimbursement	$27.00	Filing fee reimbursement
Net award	$2,765.14
Total payable by Tenant to Landlord	$2,765.14

Claims and awards for application 4985205 — net $2,765.14 NZD. Verify on MoJ.

Cleaning

Amount: $870.00
Awarded to: Landlord
Reason: Cleaning

Rubbish removal

Amount: $1,868.14
Awarded to: Landlord
Reason: Rubbish removal

Filing fee reimbursement

Amount: $27.00
Awarded to: Landlord
Reason: Filing fee reimbursement

Net award

Landlord $2,765.14

Total payable by Tenant to Landlord

Landlord $2,765.14

Claim types — money lines allowed on this order

Cleanliness Filing Fee Rubbish Removal

Order

Jack Tattley-Hutchings must pay Bronwyn Kay Agency Limited $2,765.14 immediately, calculated as shown in the table below.

Reasons

The hearing was conducted by telephone. Ms Whitt attended for the landlord. The tenant did not attend. The call to his mobile telephone number at the time of the hearing went straight to voicemail.
The landlord has applied for compensation and reimbursement of the filing fee following the end of the tenancy. The bond has been paid to the landlord under a previous Tribunal order.
At the end of the tenancy the tenant must, among other things, leave the premises reasonably clean and tidy and remove all rubbish.
The tenant did not leave the premises reasonably clean and tidy and did not remove all his rubbish.
The landlord produced good evidence in support of the claims including ingoing and outgoing reports and photographs and invoices for the costs of cleaning and rubbish removal.
I was not satisfied that the rubbish under the house was the tenant’s responsibility. There was no ingoing photograph showing the space under the house but a photograph showing an outside edge of the space showed some rubbish already there. The outgoing photograph showed rubbish well under the house and what looked like builder’s rubble that had been there for longer than the tenancy.
The tenant left a substantial amount of rubbish all around the premises and it seems unlikely that he would go to the trouble of putting some items of rubbish well under the house.
I have therefore deducted the cost of removing and dumping the rubbish under the house. The claim is $2,146.24 and the disallowed cost is $278.10 leaving an award of $1,868.14.
I also queried two items on the cleaning invoice. One is the cost of cleaning the exterior of the windows. That is not usually the tenant’s responsibility, and I was not given any reason to make an exception in this case. The deduction is $80.
The other item is the cost of cleaning the ceilings. I accept that the kitchen, bathroom and laundry ceilings required cleaning but not other ceilings in the house. I have therefore made another deduction of $80.
The cleaning claim is $1030 less $160 gives an award of $870. I gave Ms Whitt a slightly different amount because I neglected to deduct for the ceilings in my calculation made during the hearing.
I note that there was no discussion of the landlord’s claim for exemplary damages. The claim relates to the tenant’s failure to comply with his end of tenancy obligations to leave the premises clean and tidy and to remove rubbish. They are breaches of the Act but they are not made unlawful acts and so the Tribunal cannot award exemplary damages in respect of them.
The landlord has been largely successful and so I have awarded 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 4985205 — net $2,765.14 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Cleaning	$870.00	Cleaning
Rubbish removal	$1,868.14	Rubbish removal
Filing fee reimbursement	$27.00	Filing fee reimbursement
Net award	$2,765.14
Total payable by Tenant to Landlord	$2,765.14

Claims and awards for application 4985205 — net $2,765.14 NZD. Verify on MoJ.

Cleaning

Amount: $870.00
Awarded to: Landlord
Reason: Cleaning

Rubbish removal

Amount: $1,868.14
Awarded to: Landlord
Reason: Rubbish removal

Filing fee reimbursement

Amount: $27.00
Awarded to: Landlord
Reason: Filing fee reimbursement

Net award

Landlord $2,765.14

Total payable by Tenant to Landlord

Landlord $2,765.14

Claim types — money lines allowed on this order

Cleanliness Filing Fee Rubbish Removal

Order

Jack Tattley-Hutchings must pay Bronwyn Kay Agency Limited $2,765.14 immediately, calculated as shown in the table below.

Reasons

The hearing was conducted by telephone. Ms Whitt attended for the landlord. The tenant did not attend. The call to his mobile telephone number at the time of the hearing went straight to voicemail.
The landlord has applied for compensation and reimbursement of the filing fee following the end of the tenancy. The bond has been paid to the landlord under a previous Tribunal order.
At the end of the tenancy the tenant must, among other things, leave the premises reasonably clean and tidy and remove all rubbish.
The tenant did not leave the premises reasonably clean and tidy and did not remove all his rubbish.
The landlord produced good evidence in support of the claims including ingoing and outgoing reports and photographs and invoices for the costs of cleaning and rubbish removal.
I was not satisfied that the rubbish under the house was the tenant’s responsibility. There was no ingoing photograph showing the space under the house but a photograph showing an outside edge of the space showed some rubbish already there. The outgoing photograph showed rubbish well under the house and what looked like builder’s rubble that had been there for longer than the tenancy.
The tenant left a substantial amount of rubbish all around the premises and it seems unlikely that he would go to the trouble of putting some items of rubbish well under the house.
I have therefore deducted the cost of removing and dumping the rubbish under the house. The claim is $2,146.24 and the disallowed cost is $278.10 leaving an award of $1,868.14.
I also queried two items on the cleaning invoice. One is the cost of cleaning the exterior of the windows. That is not usually the tenant’s responsibility, and I was not given any reason to make an exception in this case. The deduction is $80.
The other item is the cost of cleaning the ceilings. I accept that the kitchen, bathroom and laundry ceilings required cleaning but not other ceilings in the house. I have therefore made another deduction of $80.
The cleaning claim is $1030 less $160 gives an award of $870. I gave Ms Whitt a slightly different amount because I neglected to deduct for the ceilings in my calculation made during the hearing.
I note that there was no discussion of the landlord’s claim for exemplary damages. The claim relates to the tenant’s failure to comply with his end of tenancy obligations to leave the premises clean and tidy and to remove rubbish. They are breaches of the Act but they are not made unlawful acts and so the Tribunal cannot award exemplary damages in respect of them.
The landlord has been largely successful and so I have awarded the filing fee.

Tenancy Tribunal case 4985205 — Cleanliness at 22 Tolerton Avenue, Elgin, Gisborne 4010

At a glance

Tenancy Tribunal case 4985205 — Cleanliness at 22 Tolerton Avenue, Elgin, Gisborne 4010

At a glance

Award balance

Claims & awards

Order

Reasons

Topics & place

Key findings

Property management

Frequently asked questions

Award balance

Claims & awards

Order

Reasons

Topics & place

Key findings

Property management

Frequently asked questions