What was Tenancy Tribunal case 4587000 about?

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

How much money was awarded in case 4587000?

Verified claim lines are listed on this page.

What type of tenancy dispute was case 4587000?

The primary dispute was Rent arrears. Related themes: Cleanliness, Mould & damp.

Where can I read the official tribunal order for case 4587000?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/10301018-Tribunal_Order_Redacted.pdf.

What was Tenancy Tribunal case 4587000 about?

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

How much money was awarded in case 4587000?

Verified claim lines are listed on this page.

What type of tenancy dispute was case 4587000?

The primary dispute was Rent arrears. Related themes: Cleanliness, Mould & damp.

Where can I read the official tribunal order for case 4587000?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/10301018-Tribunal_Order_Redacted.pdf.

480 Chapel Road, East Tamaki, Auckland 2016 Tenancy Tribunal Case 4587000 — Rent arrears

Order

An application for suppression has been made in this case, and the Tribunal orders suppression of the Landlord’s name and identifying details.
Haley-Belle Fatialofa must pay [the Landlord] $3,013.48 immediately, as calculated as shown in the table below:

Reasons

Only the landlord attended the hearing, represented by [property manager]. I am satisfied that the tenant is aware of these proceedings as she sought an adjournment of the last hearing and was sent a notice of hearing advising her of the details of the hearing today. The hearing therefore proceeded in the tenant’s absence.
The landlord has applied for rent arrears, compensation and reimbursement of the filing fee following the end of the tenancy.

How much is owed for rent and water rates?

The tenancy began on 9 December 2021 and ended on 2 March 2023. This was a large five bedroom, three bathroom, home.
[property manager] explained that at the end of the tenancy the rent arrears was $5,600. However the tenant agreed to release the bond of $3,520 to the landlord and so the remaining arrears are now $2,080.
The landlord provided rent records proving the amount owing.
The landlord also provided copies of outstanding water invoices as follows (2 Jan 2023 - $125.71, 9 Feb 2023 - $211.52, 23 March 2023 - $142.23 and 30 March 2023 (final reading) - $73.38).
The claims for rent arrears and outstanding water are proved.

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. See section 40(1)(e)(ii)-(v) Residential Tenancies Act 1986.
The landlord says that the tenant did not leave the property reasonably clean and tidy. They produced both entry and exit inspection photos showing the condition of the property at the start and end of the tenancy. The photos show some mould in the bathroom, that the stove was not wiped down, and that there were some kitchen items left in the cupboards and some debris left on the carpet. The window sills had not been wiped down. The carpet in one room shows some small stains.
The landlord produced the following invoices: a. Invoice from Jenny Liu dated 30 March 2023 for “All House Cleaning” for $690; b. Invoice from Jenny Liu dated 30 March 2023 for “Wipe the wall, Wipe the Door, Clean the ceiling light” for $230; and c. Invoice from 5 Stars Carpet Cleaning Ltd for “carpet cleaning” for $264.50.
While a tenant must leave a property reasonably clean and tidy they do not need to leave the property in perfect condition, ready for a new tenant to move into. It is to be expected that landlords will need to do some cleaning in between tenancies.
I have carefully reviewed the photos. In my view some additional cleaning was required to bring the property up to the “reasonably clean and tidy” standard, particularly in the kitchen and bathrooms. I consider that an award of $260 adequately covers the cleaning that would have been required. The tenant should not have to pay for the additional cleaning required to get the property into a condition ready to be re-let.
I do not have any evidence before me showing why the tenant should be responsible for carpet cleaning beyond the photos showing some stains in one of the rooms. It is reasonably common for landlords to clean carpet between tenancies. Because one of the rooms has stains that occurred during the tenancy I am prepared to award the landlord the sum of $100 for carpet cleaning to cover this staining.

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.
The landlord provided photos from the start and the end of the tenancy showing a large 40cm hole/dent in one of the walls and areas on another wall where posters or similar have been removed, taking paint with them.
The landlord provided a “draft quote” for the repair of the damage in the amount of $1,760.65 but at the hearing confirmed that the work had not been done and that a new tenant had moved in. The landlord has apparently attached some jib over the dent. As I explained at the hearing, I am not able to order compensation as the repair work has not in fact taken place. In any event, some depreciation would have been likely, as if the work had proceeded the landlord would now have newly painted walls.
Because [The applicant/s] has substantially succeeded with the claim I have reimbursed the filing fee.
The landlord sought name suppression. As the successful party the landlord is entitled to an order for name suppression pursuant to section 95A(1) RTA and so I order accordingly.

Order

An application for suppression has been made in this case, and the Tribunal orders suppression of the Landlord’s name and identifying details.
Haley-Belle Fatialofa must pay [the Landlord] $3,013.48 immediately, as calculated as shown in the table below:

Reasons

Only the landlord attended the hearing, represented by [property manager]. I am satisfied that the tenant is aware of these proceedings as she sought an adjournment of the last hearing and was sent a notice of hearing advising her of the details of the hearing today. The hearing therefore proceeded in the tenant’s absence.
The landlord has applied for rent arrears, compensation and reimbursement of the filing fee following the end of the tenancy.

How much is owed for rent and water rates?

The tenancy began on 9 December 2021 and ended on 2 March 2023. This was a large five bedroom, three bathroom, home.
[property manager] explained that at the end of the tenancy the rent arrears was $5,600. However the tenant agreed to release the bond of $3,520 to the landlord and so the remaining arrears are now $2,080.
The landlord provided rent records proving the amount owing.
The landlord also provided copies of outstanding water invoices as follows (2 Jan 2023 - $125.71, 9 Feb 2023 - $211.52, 23 March 2023 - $142.23 and 30 March 2023 (final reading) - $73.38).
The claims for rent arrears and outstanding water are proved.

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. See section 40(1)(e)(ii)-(v) Residential Tenancies Act 1986.
The landlord says that the tenant did not leave the property reasonably clean and tidy. They produced both entry and exit inspection photos showing the condition of the property at the start and end of the tenancy. The photos show some mould in the bathroom, that the stove was not wiped down, and that there were some kitchen items left in the cupboards and some debris left on the carpet. The window sills had not been wiped down. The carpet in one room shows some small stains.
The landlord produced the following invoices: a. Invoice from Jenny Liu dated 30 March 2023 for “All House Cleaning” for $690; b. Invoice from Jenny Liu dated 30 March 2023 for “Wipe the wall, Wipe the Door, Clean the ceiling light” for $230; and c. Invoice from 5 Stars Carpet Cleaning Ltd for “carpet cleaning” for $264.50.
While a tenant must leave a property reasonably clean and tidy they do not need to leave the property in perfect condition, ready for a new tenant to move into. It is to be expected that landlords will need to do some cleaning in between tenancies.
I have carefully reviewed the photos. In my view some additional cleaning was required to bring the property up to the “reasonably clean and tidy” standard, particularly in the kitchen and bathrooms. I consider that an award of $260 adequately covers the cleaning that would have been required. The tenant should not have to pay for the additional cleaning required to get the property into a condition ready to be re-let.
I do not have any evidence before me showing why the tenant should be responsible for carpet cleaning beyond the photos showing some stains in one of the rooms. It is reasonably common for landlords to clean carpet between tenancies. Because one of the rooms has stains that occurred during the tenancy I am prepared to award the landlord the sum of $100 for carpet cleaning to cover this staining.

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.
The landlord provided photos from the start and the end of the tenancy showing a large 40cm hole/dent in one of the walls and areas on another wall where posters or similar have been removed, taking paint with them.
The landlord provided a “draft quote” for the repair of the damage in the amount of $1,760.65 but at the hearing confirmed that the work had not been done and that a new tenant had moved in. The landlord has apparently attached some jib over the dent. As I explained at the hearing, I am not able to order compensation as the repair work has not in fact taken place. In any event, some depreciation would have been likely, as if the work had proceeded the landlord would now have newly painted walls.
Because [The applicant/s] has substantially succeeded with the claim I have reimbursed the filing fee.
The landlord sought name suppression. As the successful party the landlord is entitled to an order for name suppression pursuant to section 95A(1) RTA and so I order accordingly.

Tenancy Tribunal case 4587000 — Rent arrears at 480 Chapel Road, East Tamaki, Auckland 2016

At a glance

Tenancy Tribunal case 4587000 — Rent arrears at 480 Chapel Road, East Tamaki, Auckland 2016

At a glance

Claims & awards

Order

Reasons

How much is owed for rent and water rates?

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

Claims & awards

Order

Reasons

How much is owed for rent and water rates?

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