How much money was awarded in case 4570109?

Cleaning: $494.50 awarded to landlord; Carpet Inspection Costs: $138.00 awarded to landlord; Cleaning: $500.00 awarded to landlord; Dishwasher Unblocking: $200.00 awarded to landlord; Filing Fee: $20.44 awarded to landlord; Property Damage: $3,191.97 awarded to landlord; Rubbish Removal: $370.00 awarded to landlord

What type of tenancy dispute was case 4570109?

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

Where can I read the official tribunal order for case 4570109?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/9422832-Tribunal_Order_Redacted.pdf.

How much money was awarded in case 4570109?

Cleaning: $494.50 awarded to landlord; Carpet Inspection Costs: $138.00 awarded to landlord; Cleaning: $500.00 awarded to landlord; Dishwasher Unblocking: $200.00 awarded to landlord; Filing Fee: $20.44 awarded to landlord; Property Damage: $3,191.97 awarded to landlord; Rubbish Removal: $370.00 awarded to landlord

What type of tenancy dispute was case 4570109?

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

Where can I read the official tribunal order for case 4570109?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/9422832-Tribunal_Order_Redacted.pdf.

New Zealand Tenancy Tribunal Case 4570109 — Property damage

Q: What was Tenancy Tribunal case 4570109 about?

The tribunal order states: An application for suppression has been made in this case, and the Tribunal

Tenantcheck Insights

Order

Claims and awards in Tenancy Tribunal application 4570109 — net $4,914.91 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Carpet replacement	$3,191.97	Carpet replacement
Carpet inspection costs	$138.00	Carpet inspection costs
Rubbish removal	$370.00	Rubbish removal
Dishwasher unblocking	$200.00	Dishwasher unblocking
Cleaning	$500.00	Cleaning
Carpet Cleaning	$494.50	Carpet Cleaning
Filing fee reimbursement	$20.44	Filing fee reimbursement
Net award	$4,914.91
Total payable by Tenant to Landlord	$4,914.91

An application for suppression has been made in this case, and the Tribunal orders suppression of the landlords name and identifying details.

Ashlee June Nicola Martin-Leef must pay [The landlord/s] $4,914.91 immediately, calculated as shown in table below. DescriptionLandlord Carpet replacement$3,191.97 Carpet inspection costs$138.00 Rubbish removal$370.00 Dishwasher unblocking$200.00 Cleaning$500.00 Carpet Cleaning$494.50 Filing fee reimbursement$20.44 Total award$4,914.91 Total payable by Tenant to Landlord$4,914.91

Reasons

The Tribunal must consider an application filed by the landlord, and the relevant law that applies is found in the Residential Tenancies Act 1986 (“RTA”).

I note the tenant contacted the Tribunal on the morning of the hearing stating that she has not received notice of the hearing, or the application documents. I have reviewed the records on the Tribunal’s file, and I am not persuaded that the tenant has not been notified. I note that: a. The application and hearing notice was sent to the tenant by email at the same email address recorded by the tenant on the tenancy agreement. b. Email reminders of the hearing have also been sent to the tenant at that same address. c. The application and hearing notice has been sent to the tenant at the tenancy address, which the tenant requested as a service address on the tenancy agreement. I note that section 91A(1) deems service to such a service address as effective service. d. A text message was sent to the tenant advising of the hearing date, time and location on 6 September 2023. e. Further text message reminders were sent to the tenant on 13 September 2023, and finally on 15 September 2023.

I am satisfied that the tenant has been property notified of the hearing, and therefore I will proceed to consider the claim in her absence.

The tenancy in this case commenced on 24 March 2022. The tenancy agreement records that the carpets were in good condition.

The tenancy has ended, and possession has been returned to the landlord.

When the premises were returned, the landlord found the carpets to be extensively stained, that is supported on the photographs provided to the Tribunal. The landlord reports the premises smelt like pet urine.

The landlord had the carpets commercially cleaned, but that did not resolve the odour. A further commercial cleaner recommended that carpets be replaced, as further cleaning would be ineffective.

The carpets were subsequently replaced.

The landlord seeks orders in relation to the carpet cleaning, replacement, cleaning and unblocking the dishwasher and replacing a door stop.

I note that the onus for establishing the claim, sits with the person making it. If the landlord is seeking to recover costs for cleaning and rubbish removal for example, it is the landlord who must prove that the tenant has breached their obligations under the RTA with how the premises were returned at the end of the tenancy. If the landlord does not establish a breach to the balance of probability, then their claim will be dismissed.

CLEANING AND RUBBISH REMOVAL

The Residential Tenancies Act 1986 (RTA) requires that the landlord provide the premises to the tenant at the start of the tenancy in a reasonable state of cleanliness (s45(1)(a)), and there is an equivalent obligation on the tenant to return the premises: ...in a reasonably clean and reasonably tidy condition, and remove or arrange for the removal from the premises of all rubbish.

It is important to note that the RTA does not require the premises to be provided / returned in an immaculate condition, only in a reasonably clean and tidy state. There is no scientific way to determine what is ‘reasonably’ clean and tidy, what is required is for the Tribunal to evaluate the evidence available (particularly photographs presented), and then to determine whether the premises would be reasonably clean.

In this case I accept that the carpets were very likely severely impacted by pet urine. Commercial cleaning would have been the first action any reasonable landlord would have taken. The tenant is liable for that cost, which included the carpet inspection cost claimed.

I also accept, given the photographs, that the tenant did not return the premises generally clean, so is liable for the rubbish removal and general cleaning cost.

The cleaning and rubbish removal costs are all established and ordered in full.

COMPENSATION

With any claim for compensation, to receive an order the party must incur a loss. In short the compensation is intended as best money can do, to compensate for the actual loss incurred.

Where a landlord claims compensation for damage caused by a tenant, the landlord must firstly prove the damage 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.

Where the damage is caused carelessly, the tenant's liability is limited to the lesser of the insurance excess or four weeks' rent.

Tenants are liable for the whole cost of repairing damage that is intentional or which results from any activity at the premises that is an imprisonable offence. This applies to anything the tenant does and anything done by a person they are responsible for.

Damage is intentional where a person intends to cause damage and takes the necessary steps to achieve that purpose. Damage is also intentional where a person does something, or allows a situation to continue (such as animals urinating on the floor), knowing that damage is a certainty. See the High Court decision of Guo v Korck [2019] NZHC 1541.

The evidence supports that the carpets were extensively urine stained and contaminated. It must be the case that the tenant was aware of the urine stating, and allowing that state of affairs to continue, taking the damage into the intentional category (see Guo noted above). That means the tenant is liable for the full cost of the carpet replacement cost, but only to the depreciated level.

The carpet replacement cost was $5,107.15. The carpet was three years old.

I accept that it would be reasonable to assume carpet in a residential tenancy would last 8 years, and I will approach depreciation on that basis. Therefore I order the tenant to pay $3,191.95 toward the carpet replacement cost, being the proportion of the cost for 5 out or 8 years of life from the carpet.

The landlord also seeks costs to replace a broken door stop. This included in the ‘exist clean’ invoice. I have no reason to believe that cost is maintenance, and the tenant has not otherwise proven that the damage was not careless or intentional damage. Similarly the dishwasher was blocked at the end of the tenancy, and for the same reasons find the tenant liable for that. Those amounts are ordered in full.

The amounts ordered are proved.

Because the applicant has been wholly successful in their application, I must award the filing paid to commence the proceeding in the Tribunal, which is $20.44.

The Tribunal can order name suppression when a party has been wholly or substantially successful in the proceeding. In this case the landlord applies for name suppression and given the landlord has been wholly successful, name suppression is ordered.

Order

Claims and awards in Tenancy Tribunal application 4570109 — net $4,914.91 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Carpet replacement	$3,191.97	Carpet replacement
Carpet inspection costs	$138.00	Carpet inspection costs
Rubbish removal	$370.00	Rubbish removal
Dishwasher unblocking	$200.00	Dishwasher unblocking
Cleaning	$500.00	Cleaning
Carpet Cleaning	$494.50	Carpet Cleaning
Filing fee reimbursement	$20.44	Filing fee reimbursement
Net award	$4,914.91
Total payable by Tenant to Landlord	$4,914.91

An application for suppression has been made in this case, and the Tribunal orders suppression of the landlords name and identifying details.

Reasons

The Tribunal must consider an application filed by the landlord, and the relevant law that applies is found in the Residential Tenancies Act 1986 (“RTA”).

I am satisfied that the tenant has been property notified of the hearing, and therefore I will proceed to consider the claim in her absence.

The tenancy in this case commenced on 24 March 2022. The tenancy agreement records that the carpets were in good condition.

The tenancy has ended, and possession has been returned to the landlord.

The landlord had the carpets commercially cleaned, but that did not resolve the odour. A further commercial cleaner recommended that carpets be replaced, as further cleaning would be ineffective.

The carpets were subsequently replaced.

The landlord seeks orders in relation to the carpet cleaning, replacement, cleaning and unblocking the dishwasher and replacing a door stop.

CLEANING AND RUBBISH REMOVAL

I also accept, given the photographs, that the tenant did not return the premises generally clean, so is liable for the rubbish removal and general cleaning cost.

The cleaning and rubbish removal costs are all established and ordered in full.

COMPENSATION

With any claim for compensation, to receive an order the party must incur a loss. In short the compensation is intended as best money can do, to compensate for the actual loss incurred.

Where the damage is caused carelessly, the tenant's liability is limited to the lesser of the insurance excess or four weeks' rent.

The carpet replacement cost was $5,107.15. The carpet was three years old.

The amounts ordered are proved.

Because the applicant has been wholly successful in their application, I must award the filing paid to commence the proceeding in the Tribunal, which is $20.44.

Tenancy Tribunal case 4570109 — Property damage

At a glance

Tenancy Tribunal case 4570109 — Property damage

At a glance

Award balance

Claims & awards

Order

Reasons

CLEANING AND RUBBISH REMOVAL

COMPENSATION

Topics & place

Residential Tenancies Act sections

Key findings

Frequently asked questions

Award balance

Claims & awards

Order

Reasons

CLEANING AND RUBBISH REMOVAL

COMPENSATION

Topics & place

Residential Tenancies Act sections

Key findings

Frequently asked questions