What was Tenancy Tribunal case 4472350 about?

The tribunal order states: The Tribunal orders suppression of the tenant’s name and identifying details for

How much money was awarded in case 4472350?

Cleaning: $288.07 awarded to landlord; Cleaning: $64.00 awarded to landlord; Filing Fee: $20.44 awarded to landlord; Rent Arrears: $2,410.00 awarded to landlord

What type of tenancy dispute was case 4472350?

The primary dispute was Rent arrears. Related themes: Cleanliness.

Where can I read the official tribunal order for case 4472350?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/8723842-Tribunal_Order_Redacted.pdf.

What was Tenancy Tribunal case 4472350 about?

The tribunal order states: The Tribunal orders suppression of the tenant’s name and identifying details for

How much money was awarded in case 4472350?

Cleaning: $288.07 awarded to landlord; Cleaning: $64.00 awarded to landlord; Filing Fee: $20.44 awarded to landlord; Rent Arrears: $2,410.00 awarded to landlord

What type of tenancy dispute was case 4472350?

The primary dispute was Rent arrears. Related themes: Cleanliness.

Where can I read the official tribunal order for case 4472350?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/8723842-Tribunal_Order_Redacted.pdf.

New Zealand Tenancy Tribunal Case 4472350 — Rent arrears

Tenantcheck Insights

Reasons

given by the Tribunal in its order dated 16 January 2023.

Claims and awards in Tenancy Tribunal application 4472350 — net $1,382.51 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears	$2,410.00	Rent arrears
Cleaning including carpet cleaning	$288.07	Cleaning including carpet cleaning
Clean oven; reassemble bunks	$64.00	Clean oven; reassemble bunks
Filing fee reimbursement	$20.44	Filing fee reimbursement
Net award	$1,382.51
Total payable by Tenant to Landlord	$1,382.51

[The tenant/s] must pay Property Brokers West Coast Limited As Agent For Hokitika Angling Club $1,382.51 immediately, calculated as shown in table below: Description LandlordTenant Rent arrears$2,410.00 Cleaning including carpet cleaning$288.07 Clean oven; reassemble bunks$64.00 Filing fee reimbursement$20.44 Total award$2,782.51 Bond$1,400.00 Total payable by Tenant to Landlord$1,382.51

The Bond Centre is to pay the bond of $1,400.00 ([Bond number suppressed]) to Property Brokers West Coast Limited As Agent For Hokitika Angling Club immediately.

The application for oven cleaning costs is dismissed.

The application for compensation for damage to a wall is dismissed.

The application for a disposal of goods order and for a break lease fee is withdrawn. Reasons:

Both parties attended the hearing. Ms Tomlinson and Ms Calder represented the landlord. [The tenant/s], with approval, attended for the tenant by phone.

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 tenancy ended on 16 January 2023. [The tenant/s] applied unsuccessfully to have the term of her fixed term tenancy reduced. She remains liable for rent to the end of the term of the tenancy.

[The tenant/s] said the landlord failed to find a new tenant before the tenancy ended. A landlord is not required to find a new tenant. A fixed term tenancy is a contract for a defined term. It can only be changed by agreement between the parties or by Tribunal order. Neither happened in this case.

I accept that the landlord tried, but failed, to obtain a new tenant before the tenancy ended. It has withdrawn its claim for a break lease fee given that a new tenant could not be found. That is appropriate. But the tenant remains liable for rent to the end of the fixed term.

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 is required to replace worn out smoke alarm batteries during the tenancy. See section 40(1)(ca) Residential Tenancies Act 1986. The tenant must also replace standard light bulbs.

Claims for cleaning are not decided on the subjective opinion of either party. The Tribunal views the available evidence objectively.

While [The tenant/s] said the tenant left the premises reasonably clean, the photos produced by the landlord show that further cleaning was reasonably required. As was carpet cleaning.

The tenant kept a cat inside the premises. When that happens, the Tribunal considers is reasonable for the landlord to have the carpets professionally cleaned if the tenant has failed to do so.

The photographic evidence is not enough for the Tribunal to find that the oven required further cleaning. I dismiss that claim for lack of proof.

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 careless, and occurs after 27 August 2019, section 49B RTA applies. If the landlord becomes aware of the damage after 27 August, the damage is presumed to have occurred after that date unless the tenant proves otherwise.

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.

Where the damage is careless and is not covered by the landlord's insurance, the tenant's liability is limited to four weeks' rent (or market rent). See section 49B(3)(b) RTA. Where insurance money is irrecoverable because of the tenant's conduct, the property is treated as if it is not insured against the damage. See section 49B(3A)(a) RTA.

The following damage was caused during the tenancy: there was a hole in the wall in bedroom one, behind the door.

[The tenant/s] said the hole was not there when his daughter vacated the tenancy. He said the photos seemed to show it was caused when the door was opened further than usual. He said his daughter had a bookshelf behind the door when she lived there.

Ms Tomlinson said she was unaware of there being a door stop; [The tenant/s] said there was none. I find it probable that the damage was caused by the door being opened with no door stop to prevent it hitting the wall.

This claim fails for lack of proof of careless damage caused by the tenant. That damage occurs during a tenancy (and that has not been proved here; the damage might have happened afterwards) does not necessarily mean the tenant is liable.

The tenant disassembled the bunks. The landlord has claimed the cost of reassembling them. [The tenant/s] said he thought it enough that the bunks were left there.

It is objectively reasonable for the tenant to have returned the bunks to assembled state they were in at the start of the tenancy. Why should the landlord be expected to bear the cost of that? I find this claim proved.

The tenant will pay the landlord’s Tribunal filing fee on the mostly successful application.

The Tribunal made a name suppression order for the tenant when it made its order dismissing the application to reduce the term of the tenancy. I have made another order for the same reasons as set out in the earlier order. Result

The bond will be paid to the landlord. The tenant will pay the landlord $1,382.51.

Reasons

given by the Tribunal in its order dated 16 January 2023.

Claims and awards in Tenancy Tribunal application 4472350 — net $1,382.51 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears	$2,410.00	Rent arrears
Cleaning including carpet cleaning	$288.07	Cleaning including carpet cleaning
Clean oven; reassemble bunks	$64.00	Clean oven; reassemble bunks
Filing fee reimbursement	$20.44	Filing fee reimbursement
Net award	$1,382.51
Total payable by Tenant to Landlord	$1,382.51

The Bond Centre is to pay the bond of $1,400.00 ([Bond number suppressed]) to Property Brokers West Coast Limited As Agent For Hokitika Angling Club immediately.

The application for oven cleaning costs is dismissed.

The application for compensation for damage to a wall is dismissed.

The application for a disposal of goods order and for a break lease fee is withdrawn. Reasons:

Both parties attended the hearing. Ms Tomlinson and Ms Calder represented the landlord. [The tenant/s], with approval, attended for the tenant by phone.

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 tenancy ended on 16 January 2023. [The tenant/s] applied unsuccessfully to have the term of her fixed term tenancy reduced. She remains liable for rent to the end of the term of the tenancy.

Did the tenant comply with their obligations at the end of the tenancy?

Claims for cleaning are not decided on the subjective opinion of either party. The Tribunal views the available evidence objectively.

While [The tenant/s] said the tenant left the premises reasonably clean, the photos produced by the landlord show that further cleaning was reasonably required. As was carpet cleaning.

The tenant kept a cat inside the premises. When that happens, the Tribunal considers is reasonable for the landlord to have the carpets professionally cleaned if the tenant has failed to do so.

The photographic evidence is not enough for the Tribunal to find that the oven required further cleaning. I dismiss that claim for lack of proof.

Is the tenant responsible for the damage to the premises?

The following damage was caused during the tenancy: there was a hole in the wall in bedroom one, behind the door.

The tenant disassembled the bunks. The landlord has claimed the cost of reassembling them. [The tenant/s] said he thought it enough that the bunks were left there.

The tenant will pay the landlord’s Tribunal filing fee on the mostly successful application.

The bond will be paid to the landlord. The tenant will pay the landlord $1,382.51.

Tenancy Tribunal case 4472350 — Rent arrears

At a glance

Tenancy Tribunal case 4472350 — Rent arrears

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

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

Frequently asked questions