What was the outcome of Tenancy Tribunal case 5417712?

The tribunal order states: Ian Richards must pay Jade Rental Properties Limited, as agent for Kim Winter,

How much money was awarded in case 5417712?

Cleaning: $224.00 awarded to landlord; Cleaning: $1,285.00 awarded to landlord; Cleaning: $718.75 awarded to landlord; Filing Fee: $28.00 awarded to landlord; Lawns Work: $120.00 awarded to landlord; Property Damage: $361.13 awarded to landlord; Property Damage: $1,600.00 awarded to landlord; Rent Arrears: $531.00 awarded to landlord; Rubbish Removal: $172.50 awarded to landlord

What type of tenancy dispute was case 5417712?

The primary dispute was Cleanliness. Related themes: Property damage, Rent arrears.

Where can I read the official tribunal order for case 5417712?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/13383938-Tenancy_Tribunal_Order.pdf.

What was the outcome of Tenancy Tribunal case 5417712?

The tribunal order states: Ian Richards must pay Jade Rental Properties Limited, as agent for Kim Winter,

How much money was awarded in case 5417712?

Cleaning: $224.00 awarded to landlord; Cleaning: $1,285.00 awarded to landlord; Cleaning: $718.75 awarded to landlord; Filing Fee: $28.00 awarded to landlord; Lawns Work: $120.00 awarded to landlord; Property Damage: $361.13 awarded to landlord; Property Damage: $1,600.00 awarded to landlord; Rent Arrears: $531.00 awarded to landlord; Rubbish Removal: $172.50 awarded to landlord

What type of tenancy dispute was case 5417712?

The primary dispute was Cleanliness. Related themes: Property damage, Rent arrears.

Where can I read the official tribunal order for case 5417712?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/13383938-Tenancy_Tribunal_Order.pdf.

16B Marere Avenue, Paraparaumu 5032 Tenancy Tribunal Case 5417712 — Cleanliness

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16B Marere Avenue, Paraparaumu 5032 Tenancy Tribunal Case 5417712 — 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 5417712 — net $2,560.38 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears	$531.00	Rent arrears
Cleaning and cleaning products	$1,285.00	Cleaning and cleaning products
Curtain/track remedial work and cleaning	$718.75	Curtain/track remedial work and cleaning
Lawns work	$120.00	Lawns work
Carpet Cleaning	$224.00	Carpet Cleaning
Curtain replacement depreciated 25	$361.13	Curtain replacement depreciated 25
Rubbish removal	$172.50	Rubbish removal
Four insurance excesses	$1,600.00	Four insurance excesses
Filing fee reimbursement	$28.00	Filing fee reimbursement
Net award	$2,560.38
Total payable by Tenant to Landlord	$2,560.38

Claims and awards for application 5417712 — net $2,560.38 NZD. Verify on MoJ.

Rent arrears

Amount: $531.00
Awarded to: Landlord
Reason: Rent arrears

Cleaning and cleaning products

Amount: $1,285.00
Awarded to: Landlord
Reason: Cleaning and cleaning products

Curtain/track remedial work and cleaning

Amount: $718.75
Awarded to: Landlord
Reason: Curtain/track remedial work and cleaning

Lawns work

Amount: $120.00
Awarded to: Landlord
Reason: Lawns work

Carpet Cleaning

Amount: $224.00
Awarded to: Landlord
Reason: Carpet Cleaning

Claim types — money lines allowed on this order

Carpet Cleaning Cleanliness Filing Fee Property damage Rent arrears Rubbish Removal

Order

Ian Richards must pay Jade Rental Properties Limited, as agent for Kim Winter, $2,560.38 immediately, calculated as shown in table below. DescriptionLandlord Rent arrears$531.00 Cleaning and cleaning products$1,285.00 Curtain/track remedial work and cleaning$718.75 Lawns work$120.00 Carpet Cleaning$224.00 Curtain replacement depreciated 25%$361.13 Rubbish removal$172.50 Four insurance excesses$1,600.00 Filing fee reimbursement$28.00 Total award$5,040.38 Bond$2,480.00 Total payable by Tenant to Landlord$2,560.38
The Bond Centre is to pay the bond of $2,480.00 (BN-10098725) to Jade Rental Properties Limited as agent for Kim Winter immediately

Reasons

Both parties attended the hearing.
The landlord has applied for rent arrears, compensation, refund of the bond, and reimbursement of the filing fee following the end of the tenancy.

How much is owed for rent?

The landlord provided rent records which prove the amount owing at 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 cost of cleaning reflects the condition of the property at the end of the tenancy. It was considerably dirty throughout, on all surfaces. The premises was also seriously affected by cigarette smoke throughout.
Lawns need to be mowed.
The applicant has claimed $400.00 for cleaning venetian blinds. There was no invoice supplied to the Tribunal regarding that claim.
The claim for cleaning products, $111.77 has been reduced by $40.00 because it includes an item that can be reused and to cover leftover product from the amount purchased.
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. Tenants are liable for the actions of people at the premises with their permission. See sections 40(2)(a), 41 and 49B RTA.
Where the damage is caused carelessly, and is covered by the landlord's insurance, the tenant's liability is limited to the lesser of the insurance excess or four weeks' rent (or four weeks' market rent in the case of a tenant paying income-related rent). See section 49B(3)(a) RTA.
The carpets in three rooms had to be replaced because of damage from cigarette burns. An excess was applied to the claim for each room. There was damage to the bench top and a further excess was applied.
The damage is more than fair wear and tear, and the tenant has not disproved liability for the damage.
The landlord claimed a further excess for the sink bench damage. No order is made for the excess for that damage. It is unclear that the excess was paid but more importantly, the damage the sink tray evidenced from the photos was not significant enough to warrant its replacement.
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. I have reduced the amount to be paid for net curtains by 25% to take account of the age and life of net curtains. Filing fee
Because the landlord has been successful with the claim the filing fee of $28.00 is ordered to be paid by the tenant.

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 5417712 — net $2,560.38 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears	$531.00	Rent arrears
Cleaning and cleaning products	$1,285.00	Cleaning and cleaning products
Curtain/track remedial work and cleaning	$718.75	Curtain/track remedial work and cleaning
Lawns work	$120.00	Lawns work
Carpet Cleaning	$224.00	Carpet Cleaning
Curtain replacement depreciated 25	$361.13	Curtain replacement depreciated 25
Rubbish removal	$172.50	Rubbish removal
Four insurance excesses	$1,600.00	Four insurance excesses
Filing fee reimbursement	$28.00	Filing fee reimbursement
Net award	$2,560.38
Total payable by Tenant to Landlord	$2,560.38

Claims and awards for application 5417712 — net $2,560.38 NZD. Verify on MoJ.

Rent arrears

Amount: $531.00
Awarded to: Landlord
Reason: Rent arrears

Cleaning and cleaning products

Amount: $1,285.00
Awarded to: Landlord
Reason: Cleaning and cleaning products

Curtain/track remedial work and cleaning

Amount: $718.75
Awarded to: Landlord
Reason: Curtain/track remedial work and cleaning

Lawns work

Amount: $120.00
Awarded to: Landlord
Reason: Lawns work

Carpet Cleaning

Amount: $224.00
Awarded to: Landlord
Reason: Carpet Cleaning

Claim types — money lines allowed on this order

Carpet Cleaning Cleanliness Filing Fee Property damage Rent arrears Rubbish Removal

Order

Ian Richards must pay Jade Rental Properties Limited, as agent for Kim Winter, $2,560.38 immediately, calculated as shown in table below. DescriptionLandlord Rent arrears$531.00 Cleaning and cleaning products$1,285.00 Curtain/track remedial work and cleaning$718.75 Lawns work$120.00 Carpet Cleaning$224.00 Curtain replacement depreciated 25%$361.13 Rubbish removal$172.50 Four insurance excesses$1,600.00 Filing fee reimbursement$28.00 Total award$5,040.38 Bond$2,480.00 Total payable by Tenant to Landlord$2,560.38
The Bond Centre is to pay the bond of $2,480.00 (BN-10098725) to Jade Rental Properties Limited as agent for Kim Winter immediately

Reasons

Both parties attended the hearing.
The landlord has applied for rent arrears, compensation, refund of the bond, and reimbursement of the filing fee following the end of the tenancy.

How much is owed for rent?

The landlord provided rent records which prove the amount owing at 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 cost of cleaning reflects the condition of the property at the end of the tenancy. It was considerably dirty throughout, on all surfaces. The premises was also seriously affected by cigarette smoke throughout.
Lawns need to be mowed.
The applicant has claimed $400.00 for cleaning venetian blinds. There was no invoice supplied to the Tribunal regarding that claim.
The claim for cleaning products, $111.77 has been reduced by $40.00 because it includes an item that can be reused and to cover leftover product from the amount purchased.
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. Tenants are liable for the actions of people at the premises with their permission. See sections 40(2)(a), 41 and 49B RTA.
Where the damage is caused carelessly, and is covered by the landlord's insurance, the tenant's liability is limited to the lesser of the insurance excess or four weeks' rent (or four weeks' market rent in the case of a tenant paying income-related rent). See section 49B(3)(a) RTA.
The carpets in three rooms had to be replaced because of damage from cigarette burns. An excess was applied to the claim for each room. There was damage to the bench top and a further excess was applied.
The damage is more than fair wear and tear, and the tenant has not disproved liability for the damage.
The landlord claimed a further excess for the sink bench damage. No order is made for the excess for that damage. It is unclear that the excess was paid but more importantly, the damage the sink tray evidenced from the photos was not significant enough to warrant its replacement.
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. I have reduced the amount to be paid for net curtains by 25% to take account of the age and life of net curtains. Filing fee
Because the landlord has been successful with the claim the filing fee of $28.00 is ordered to be paid by the tenant.

Tenancy Tribunal case 5417712 — Cleanliness at 16B Marere Avenue, Paraparaumu 5032

At a glance

Tenancy Tribunal case 5417712 — Cleanliness at 16B Marere Avenue, Paraparaumu 5032

At a glance

Award balance

Claims & awards

Order

Reasons

How much is owed for rent?

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

How much is owed for rent?

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