What was Tenancy Tribunal case 4573931 about?

The tribunal order states: Julianne Cunningham must pay [The landlord/s] $3,703.41 immediately,

How much money was awarded in case 4573931?

Cleaning: $207.00 awarded to landlord; Cleaning: $560.00 awarded to landlord; Filing Fee: $20.44 awarded to landlord; Lawns and Garden Work: $130.00 awarded to landlord; Property Damage: $320.00 awarded to landlord; Property Damage: $218.50 awarded to landlord; Rent Arrears: $3,928.57 awarded to landlord; Rubbish Removal: $506.00 awarded to landlord; Water Rates: $12.90 awarded to landlord

What type of tenancy dispute was case 4573931?

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

Where can I read the official tribunal order for case 4573931?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/9835179-Tribunal_Order_Redacted.pdf.

What was Tenancy Tribunal case 4573931 about?

The tribunal order states: Julianne Cunningham must pay [The landlord/s] $3,703.41 immediately,

How much money was awarded in case 4573931?

Cleaning: $207.00 awarded to landlord; Cleaning: $560.00 awarded to landlord; Filing Fee: $20.44 awarded to landlord; Lawns and Garden Work: $130.00 awarded to landlord; Property Damage: $320.00 awarded to landlord; Property Damage: $218.50 awarded to landlord; Rent Arrears: $3,928.57 awarded to landlord; Rubbish Removal: $506.00 awarded to landlord; Water Rates: $12.90 awarded to landlord

What type of tenancy dispute was case 4573931?

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

Where can I read the official tribunal order for case 4573931?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/9835179-Tribunal_Order_Redacted.pdf.

Unit/Flat 2, 191 Don Buck Road, Massey, Auckland 0614 Tenancy Tribunal Case 4573931 — Rent arrears

Claims and awards in Tenancy Tribunal application 4573931 — net $3,703.41 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears as of end of tenancy	$3,928.57	Rent arrears as of end of tenancy
Water rates	$12.90	Water rates
Cleaning	$560.00	Cleaning
Carpet Cleaning	$207.00	Carpet Cleaning
Rubbish removal	$506.00	Rubbish removal
Lawns and Garden work	$130.00	Lawns and Garden work
Wall and door repairs	$320.00	Wall and door repairs
Lock/key replacement	$218.50	Lock/key replacement
Filing fee reimbursement	$20.44	Filing fee reimbursement
Net award	$3,703.41
Total payable by Tenant to Landlord	$3,703.41

Order

Julianne Cunningham must pay [The landlord/s] $3,703.41 immediately, calculated as shown in table below: DescriptionLandlord Rent arrears as of end of tenancy$3,928.57 Water rates$12.90 Cleaning$560.00 Carpet Cleaning$207.00 Rubbish removal$506.00 Lawns and Garden work$130.00 Wall and door repairs$320.00 Lock/key replacement$218.50 Filing fee reimbursement$20.44 Total award$5,903.41 Minus bond- $2,200.00 Total payable by Tenant to Landlord$3,703.41
The Bond Centre is to pay the bond of $2,200.00 ([Bond number suppressed]) to [The landlord/s] immediately.

Reasons

The Tribunal must consider an application filed by the landlord seeking compensation for this tenancy which has now ended.
Only the landlord appeared at the hearing. 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.

BACKGROUND

The tenancy commenced with two joint tenants, but during the tenancy Ms Cunningham took over as the sole tenant.
Ultimately the rent fell behind, and the tenancy came to an end. The landlord now seeks a range of orders for compensation at the end of the tenancy.

RELEVANT LEGAL CONSIDERATIONS

The relevant law that applies is found in the Residential Tenancies Act 1986 (“RTA”).
With any claim before the Tenancy Tribunal, the Tribunal applies the usual civil law standards and expectations.
That includes a requirement that the party bringing the claim (the applicant), establish their claims “on the balance of probabilities”. The balance of probabilities means more likely than un-likely, or in mathematical terms, has a fractionally more than 50% likelihood. The Tribunal does not need to be certain or very sure about any claim, only that what is claimed is likely.

RENT AND WATER ARREARS

The landlord has applied for an order that the tenant pay rent arrears of $3,928.57, being arrears as of the date the tenancy ended - 24 March 2023.
The landlord has also claimed for volumetric water charges of $12.90, which again is supported in documentation provided to the Tribunal.
I have no reason to consider these documentary records to be incorrect.
The landlord has established that the tenant is in arrears for rent and water to the amounts claimed, and those are ordered in full.

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.
The landlord has filed the following claims: a. Cleaning $560.00. b. Carpet cleaning $207.00 c. Rubbish removal $506.00 d. Lawn mowing $130.00.
The landlord has provided photographs taken at the start of the tenancy, which show that the premises were in a clean and tidy condition. The photographs taken when Ms Cunningham returned the tenancy after she had moved out, confirmed that there was extensive rubbish and belongings on the tenancy, the tenancy was very dirty. There was rubbish and goods on the exterior of the tenancy and the lawns were very long. The premises were far from being returned in a reasonably clean and tidy state. The above claims are all supported on the evidence, and the amounts are reasonable given the work that would have been needed by the landlord.
These claims are established, and ordered in full.

COMPENSATION

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 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, knowing that damage is a certainty. See the High Court decision of Guo v Korck [2019] NZHC 1541.
In this case I accept there was damage to walls and doors at the end of the tenancy. The landlord has claimed $320.00 for repair costs. The damage in the photographs is not fair wear and tear, and the tenant has not proven this damage would not be careless or intentional damage. This claim is established, and is ordered in full.
The landlord has also claimed $218.50 for replacement of the ranch slider door lock. During the tenancy the lock went missing. Again this is not likely fair wear and tear, and the tenant has not proven the damage is anything other than fair wear and tear. This claim is established, and is ordered in full.

FILING FEE

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.

BOND

The bond is ordered to be released to the landlord in full, to go toward the amounts I have ordered today.

NAME SUPPRESSION

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

Claims and awards in Tenancy Tribunal application 4573931 — net $3,703.41 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears as of end of tenancy	$3,928.57	Rent arrears as of end of tenancy
Water rates	$12.90	Water rates
Cleaning	$560.00	Cleaning
Carpet Cleaning	$207.00	Carpet Cleaning
Rubbish removal	$506.00	Rubbish removal
Lawns and Garden work	$130.00	Lawns and Garden work
Wall and door repairs	$320.00	Wall and door repairs
Lock/key replacement	$218.50	Lock/key replacement
Filing fee reimbursement	$20.44	Filing fee reimbursement
Net award	$3,703.41
Total payable by Tenant to Landlord	$3,703.41

Order

Julianne Cunningham must pay [The landlord/s] $3,703.41 immediately, calculated as shown in table below: DescriptionLandlord Rent arrears as of end of tenancy$3,928.57 Water rates$12.90 Cleaning$560.00 Carpet Cleaning$207.00 Rubbish removal$506.00 Lawns and Garden work$130.00 Wall and door repairs$320.00 Lock/key replacement$218.50 Filing fee reimbursement$20.44 Total award$5,903.41 Minus bond- $2,200.00 Total payable by Tenant to Landlord$3,703.41
The Bond Centre is to pay the bond of $2,200.00 ([Bond number suppressed]) to [The landlord/s] immediately.

Reasons

The Tribunal must consider an application filed by the landlord seeking compensation for this tenancy which has now ended.
Only the landlord appeared at the hearing. 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.

BACKGROUND

The tenancy commenced with two joint tenants, but during the tenancy Ms Cunningham took over as the sole tenant.
Ultimately the rent fell behind, and the tenancy came to an end. The landlord now seeks a range of orders for compensation at the end of the tenancy.

RELEVANT LEGAL CONSIDERATIONS

The relevant law that applies is found in the Residential Tenancies Act 1986 (“RTA”).
With any claim before the Tenancy Tribunal, the Tribunal applies the usual civil law standards and expectations.
That includes a requirement that the party bringing the claim (the applicant), establish their claims “on the balance of probabilities”. The balance of probabilities means more likely than un-likely, or in mathematical terms, has a fractionally more than 50% likelihood. The Tribunal does not need to be certain or very sure about any claim, only that what is claimed is likely.

RENT AND WATER ARREARS

The landlord has applied for an order that the tenant pay rent arrears of $3,928.57, being arrears as of the date the tenancy ended - 24 March 2023.
The landlord has also claimed for volumetric water charges of $12.90, which again is supported in documentation provided to the Tribunal.
I have no reason to consider these documentary records to be incorrect.
The landlord has established that the tenant is in arrears for rent and water to the amounts claimed, and those are ordered in full.

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.
The landlord has filed the following claims: a. Cleaning $560.00. b. Carpet cleaning $207.00 c. Rubbish removal $506.00 d. Lawn mowing $130.00.
The landlord has provided photographs taken at the start of the tenancy, which show that the premises were in a clean and tidy condition. The photographs taken when Ms Cunningham returned the tenancy after she had moved out, confirmed that there was extensive rubbish and belongings on the tenancy, the tenancy was very dirty. There was rubbish and goods on the exterior of the tenancy and the lawns were very long. The premises were far from being returned in a reasonably clean and tidy state. The above claims are all supported on the evidence, and the amounts are reasonable given the work that would have been needed by the landlord.
These claims are established, and ordered in full.

COMPENSATION

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 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, knowing that damage is a certainty. See the High Court decision of Guo v Korck [2019] NZHC 1541.
In this case I accept there was damage to walls and doors at the end of the tenancy. The landlord has claimed $320.00 for repair costs. The damage in the photographs is not fair wear and tear, and the tenant has not proven this damage would not be careless or intentional damage. This claim is established, and is ordered in full.
The landlord has also claimed $218.50 for replacement of the ranch slider door lock. During the tenancy the lock went missing. Again this is not likely fair wear and tear, and the tenant has not proven the damage is anything other than fair wear and tear. This claim is established, and is ordered in full.

FILING FEE

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.

BOND

The bond is ordered to be released to the landlord in full, to go toward the amounts I have ordered today.

NAME SUPPRESSION

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

Tenancy Tribunal case 4573931 — Rent arrears at Unit/Flat 2, 191 Don Buck Road, Massey, Auckland 0614

At a glance

Tenancy Tribunal case 4573931 — Rent arrears at Unit/Flat 2, 191 Don Buck Road, Massey, Auckland 0614

At a glance

Award balance

Claims & awards

Order

Reasons

BACKGROUND

RELEVANT LEGAL CONSIDERATIONS

RENT AND WATER ARREARS

CLEANING AND RUBBISH REMOVAL

COMPENSATION

FILING FEE

BOND

NAME SUPPRESSION

Topics & place

Residential Tenancies Act sections

Key findings

Frequently asked questions

Award balance

Claims & awards

Order

Reasons

BACKGROUND

RELEVANT LEGAL CONSIDERATIONS

RENT AND WATER ARREARS

CLEANING AND RUBBISH REMOVAL

COMPENSATION

FILING FEE

BOND

NAME SUPPRESSION

Topics & place

Residential Tenancies Act sections

Key findings

Frequently asked questions