What was the outcome of Tenancy Tribunal case 5147431?

The tribunal order states: Zharday Dellow and Toa Kupa must pay Oxygen.Co.Nz Limited As Agent For

How much money was awarded in case 5147431?

Cleaning: $320.00 awarded to landlord; Cleaning: $856.75 awarded to landlord; Filing Fee: $27.00 awarded to landlord; Lawns and Garden Work: $155.25 awarded to landlord; Property Damage: $150.00 awarded to landlord; Smoke Alarms: $500.00 awarded to landlord

What type of tenancy dispute was case 5147431?

The primary dispute was Cleanliness. Related themes: Smoke alarms, Property damage.

Where can I read the official tribunal order for case 5147431?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/11900881-Tenancy_Tribunal_Order.pdf.

What was the outcome of Tenancy Tribunal case 5147431?

The tribunal order states: Zharday Dellow and Toa Kupa must pay Oxygen.Co.Nz Limited As Agent For

How much money was awarded in case 5147431?

Cleaning: $320.00 awarded to landlord; Cleaning: $856.75 awarded to landlord; Filing Fee: $27.00 awarded to landlord; Lawns and Garden Work: $155.25 awarded to landlord; Property Damage: $150.00 awarded to landlord; Smoke Alarms: $500.00 awarded to landlord

What type of tenancy dispute was case 5147431?

The primary dispute was Cleanliness. Related themes: Smoke alarms, Property damage.

Where can I read the official tribunal order for case 5147431?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/11900881-Tenancy_Tribunal_Order.pdf.

16A Holmes Place, Flaxmere, Hastings 4120 Tenancy Tribunal Case 5147431 — Cleanliness

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16A Holmes Place, Flaxmere, Hastings 4120 Tenancy Tribunal Case 5147431 — 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 5147431 — net $49.00 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Lawns and Garden work	$155.25	Lawns and Garden work
Lock/key replacement	$150.00	Lock/key replacement
Cleaning	$856.75	Cleaning
Carpet Cleaning	$320.00	Carpet Cleaning
Repairs: walls, including replacement of missing light bulbs and missing smoke alarm	$500.00	Repairs: walls, including replacement of missing light bulbs and missing smoke alarm
Filing fee reimbursement	$27.00	Filing fee reimbursement
Net award	$49.00
Total payable by Tenant to Landlord	$49.00

Claims and awards for application 5147431 — net $49.00 NZD. Verify on MoJ.

Lawns and Garden work

Amount: $155.25
Awarded to: Landlord
Reason: Lawns and Garden work

Lock/key replacement

Amount: $150.00
Awarded to: Landlord
Reason: Lock/key replacement

Cleaning

Amount: $856.75
Awarded to: Landlord
Reason: Cleaning

Carpet Cleaning

Amount: $320.00
Awarded to: Landlord
Reason: Carpet Cleaning

Repairs: walls, including replacement of missing light bulbs and missing smoke alarm

Amount: $500.00
Awarded to: Landlord
Reason: Repairs: walls, including replacement of missing light bulbs and missing smoke alarm

Claim types — money lines allowed on this order

Carpet Cleaning Cleanliness Filing Fee Lawns And Garden Work Property damage Replace Smoke Alarms

Order

Zharday Dellow and Toa Kupa must pay Oxygen.Co.Nz Limited As Agent For Eckils Investments Ltd $49.00 immediately, calculated as shown in table below:
The Bond Centre is to pay the bond of $1,960.00 (3313652-005) to Oxygen.Co.Nz Limited As Agent For Eckils Investments Ltd immediately.

Reasons

Both parties attended the hearing.
The landlord has applied for compensation, refund of the bond, 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?

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 tenant did not leave the premises reasonably clean and tidy, and did not remove all rubbish.
The tenant did not return the keys.
The landlord had to replace smoke alarms and light bulbs.
The amounts ordered are proved.

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. Further, tenants are only liable for the actions of people at the premises with their permission. See sections 40(2)(a), 41 and 49B RTA.
To that extent, the tenant cannot be held liable for the actions of intruders who broke into the premises in the middle of the night causing damage to the premises as the intruders were not guests of the tenants.
The walls were damaged during the tenancy. The damage is more than fair wear and tear, and the tenant has not disproved liability for the damage.
Only the amounts ordered are proved.
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, I have taken into account the age and condition of the items at the start of the tenancy and their likely useful lifespan.

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 5147431 — net $49.00 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Lawns and Garden work	$155.25	Lawns and Garden work
Lock/key replacement	$150.00	Lock/key replacement
Cleaning	$856.75	Cleaning
Carpet Cleaning	$320.00	Carpet Cleaning
Repairs: walls, including replacement of missing light bulbs and missing smoke alarm	$500.00	Repairs: walls, including replacement of missing light bulbs and missing smoke alarm
Filing fee reimbursement	$27.00	Filing fee reimbursement
Net award	$49.00
Total payable by Tenant to Landlord	$49.00

Claims and awards for application 5147431 — net $49.00 NZD. Verify on MoJ.

Lawns and Garden work

Amount: $155.25
Awarded to: Landlord
Reason: Lawns and Garden work

Lock/key replacement

Amount: $150.00
Awarded to: Landlord
Reason: Lock/key replacement

Cleaning

Amount: $856.75
Awarded to: Landlord
Reason: Cleaning

Carpet Cleaning

Amount: $320.00
Awarded to: Landlord
Reason: Carpet Cleaning

Repairs: walls, including replacement of missing light bulbs and missing smoke alarm

Amount: $500.00
Awarded to: Landlord
Reason: Repairs: walls, including replacement of missing light bulbs and missing smoke alarm

Claim types — money lines allowed on this order

Carpet Cleaning Cleanliness Filing Fee Lawns And Garden Work Property damage Replace Smoke Alarms

Order

Zharday Dellow and Toa Kupa must pay Oxygen.Co.Nz Limited As Agent For Eckils Investments Ltd $49.00 immediately, calculated as shown in table below:
The Bond Centre is to pay the bond of $1,960.00 (3313652-005) to Oxygen.Co.Nz Limited As Agent For Eckils Investments Ltd immediately.

Reasons

Both parties attended the hearing.
The landlord has applied for compensation, refund of the bond, 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?

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 tenant did not leave the premises reasonably clean and tidy, and did not remove all rubbish.
The tenant did not return the keys.
The landlord had to replace smoke alarms and light bulbs.
The amounts ordered are proved.

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. Further, tenants are only liable for the actions of people at the premises with their permission. See sections 40(2)(a), 41 and 49B RTA.
To that extent, the tenant cannot be held liable for the actions of intruders who broke into the premises in the middle of the night causing damage to the premises as the intruders were not guests of the tenants.
The walls were damaged during the tenancy. The damage is more than fair wear and tear, and the tenant has not disproved liability for the damage.
Only the amounts ordered are proved.
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, I have taken into account the age and condition of the items at the start of the tenancy and their likely useful lifespan.

Tenancy Tribunal case 5147431 — Cleanliness at 16A Holmes Place, Flaxmere, Hastings 4120

At a glance

Tenancy Tribunal case 5147431 — Cleanliness at 16A Holmes Place, Flaxmere, Hastings 4120

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