What was the outcome of Tenancy Tribunal case 5403823?

The tribunal order states: Lyric Wairere Parrish’s Anne-Marie Clarke, Santos Fernandez Wiremu Harris

How much money was awarded in case 5403823?

Cleaning: $400.00 awarded to landlord; Filing Fee: $28.00 awarded to landlord; Property Damage: $235.75 awarded to landlord; Property Damage: $428.00 awarded to landlord

What type of tenancy dispute was case 5403823?

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

Where can I read the official tribunal order for case 5403823?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/13371394-Tenancy_Tribunal_Order.pdf.

What was the outcome of Tenancy Tribunal case 5403823?

The tribunal order states: Lyric Wairere Parrish’s Anne-Marie Clarke, Santos Fernandez Wiremu Harris

How much money was awarded in case 5403823?

Cleaning: $400.00 awarded to landlord; Filing Fee: $28.00 awarded to landlord; Property Damage: $235.75 awarded to landlord; Property Damage: $428.00 awarded to landlord

What type of tenancy dispute was case 5403823?

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

Where can I read the official tribunal order for case 5403823?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/13371394-Tenancy_Tribunal_Order.pdf.

54 Church Street, Awapuni, Palmerston North 4412 Tenancy Tribunal Case 5403823 — Property damage

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54 Church Street, Awapuni, Palmerston North 4412 Tenancy Tribunal Case 5403823 — Property damage | 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 5403823 — net $1,091.75 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Cleaning	$400.00	Cleaning
Repairs (weatherboards	$235.75	Repairs (weatherboards
Lock/key replacement	$428.00	Lock/key replacement
Filing fee reimbursement	$28.00	Filing fee reimbursement
Net award	$1,091.75
Total payable by Tenant to Landlord	$1,091.75

Claims and awards for application 5403823 — net $1,091.75 NZD. Verify on MoJ.

Cleaning

Amount: $400.00
Awarded to: Landlord
Reason: Cleaning

Repairs (weatherboards

Amount: $235.75
Awarded to: Landlord
Reason: Repairs (weatherboards

Lock/key replacement

Amount: $428.00
Awarded to: Landlord
Reason: Lock/key replacement

Filing fee reimbursement

Amount: $28.00
Awarded to: Landlord
Reason: Filing fee reimbursement

Net award

Landlord $1,091.75

Total payable by Tenant to Landlord

Landlord $1,091.75

Claim types — money lines allowed on this order

Cleanliness Filing Fee Property damage

Order

Lyric Wairere Parrish’s Anne-Marie Clarke, Santos Fernandez Wiremu Harris and Maea Wiremu Himiona-Kawana must pay Property Brokers Manawatu Limited as Agent for Shirley Groucott Barkhuizen $1,091.75 from their bond, calculated below.

The Bond Centre is to pay the bond of $2,160.00 (6376186-005) immediately apportioned as follows: Property Brokers Manawatu Limited as Agent for Shirley Groucott Barkhuizen: $1,091.75 Lyric Wairere Parrish’s Anne-Marie Clarke, Santos Fernandez Wiremu Harris and Maea Wiremu Himiona-Kawana: $1,068.25

Reasons

The landlord attended the hearing which was held by videoconference. The tenants did not attend. Two calls were made to the phone numbers given in the Notice of Hearing for each of the tenants. All calls went to answerphone
The landlord has applied for compensation from 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 tenants 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.
Exit inspection photographs provided by the landlord show that in some respects the tenants did not leave the premises reasonably clean and tidy and rubbish was left.
The tenants did not return the keys.
The amounts claimed are proved by the invoices provided.
The tenants’ responsibility is to leave the premises reasonably clean and tidy, not to leave it turnkey ready for the next occupancy. The amount ordered is less than the amount of the cleaning invoice paid by the landlord, for that reason.

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. See sections 40(2)(a), 41 and 49B RTA.
A comparison of the entry and inspection photographs shows that during the tenant same damage was caused to exterior cladding. The property manager’s evidence is that the tenants acknowledged having backed into the house, causing the damage.
The repair cost paid by the landlord is proved by the invoice provided.
Because Property Brokers Manawatu Limited as Agent for Shirley Groucott Barkhuizen has 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 5403823 — net $1,091.75 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Cleaning	$400.00	Cleaning
Repairs (weatherboards	$235.75	Repairs (weatherboards
Lock/key replacement	$428.00	Lock/key replacement
Filing fee reimbursement	$28.00	Filing fee reimbursement
Net award	$1,091.75
Total payable by Tenant to Landlord	$1,091.75

Claims and awards for application 5403823 — net $1,091.75 NZD. Verify on MoJ.

Cleaning

Amount: $400.00
Awarded to: Landlord
Reason: Cleaning

Repairs (weatherboards

Amount: $235.75
Awarded to: Landlord
Reason: Repairs (weatherboards

Lock/key replacement

Amount: $428.00
Awarded to: Landlord
Reason: Lock/key replacement

Filing fee reimbursement

Amount: $28.00
Awarded to: Landlord
Reason: Filing fee reimbursement

Net award

Landlord $1,091.75

Total payable by Tenant to Landlord

Landlord $1,091.75

Claim types — money lines allowed on this order

Cleanliness Filing Fee Property damage

Order

Lyric Wairere Parrish’s Anne-Marie Clarke, Santos Fernandez Wiremu Harris and Maea Wiremu Himiona-Kawana must pay Property Brokers Manawatu Limited as Agent for Shirley Groucott Barkhuizen $1,091.75 from their bond, calculated below.

The Bond Centre is to pay the bond of $2,160.00 (6376186-005) immediately apportioned as follows: Property Brokers Manawatu Limited as Agent for Shirley Groucott Barkhuizen: $1,091.75 Lyric Wairere Parrish’s Anne-Marie Clarke, Santos Fernandez Wiremu Harris and Maea Wiremu Himiona-Kawana: $1,068.25

Reasons

The landlord attended the hearing which was held by videoconference. The tenants did not attend. Two calls were made to the phone numbers given in the Notice of Hearing for each of the tenants. All calls went to answerphone
The landlord has applied for compensation from 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 tenants 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.
Exit inspection photographs provided by the landlord show that in some respects the tenants did not leave the premises reasonably clean and tidy and rubbish was left.
The tenants did not return the keys.
The amounts claimed are proved by the invoices provided.
The tenants’ responsibility is to leave the premises reasonably clean and tidy, not to leave it turnkey ready for the next occupancy. The amount ordered is less than the amount of the cleaning invoice paid by the landlord, for that reason.

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. See sections 40(2)(a), 41 and 49B RTA.
A comparison of the entry and inspection photographs shows that during the tenant same damage was caused to exterior cladding. The property manager’s evidence is that the tenants acknowledged having backed into the house, causing the damage.
The repair cost paid by the landlord is proved by the invoice provided.
Because Property Brokers Manawatu Limited as Agent for Shirley Groucott Barkhuizen has succeeded with the claim, I must reimburse the filing fee.

Tenancy Tribunal case 5403823 — Property damage at 54 Church Street, Awapuni, Palmerston North 4412

At a glance

Tenancy Tribunal case 5403823 — Property damage at 54 Church Street, Awapuni, Palmerston North 4412

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