What was Tenancy Tribunal case 4589229 about?

The tribunal order states: The Tribunal orders suppression of [The tenant/s] name and identifying details.

How much money was awarded in case 4589229?

Cleaning: $140.00 awarded to landlord; Cleaning: $475.00 awarded to landlord; Filing Fee: $20.44 awarded to landlord; Painting Three Doors: $275.00 awarded to landlord; Property Damage: $10.80 awarded to landlord; Property Damage: $275.00 awarded to landlord; Rekey Front Door Lock / Replace Dead…: $275.00 awarded to landlord; Rent: $2,754.98 awarded to landlord; Tidy Lawns And Removal Garden Waste: $375.00 awarded to landlord

What type of tenancy dispute was case 4589229?

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

Where can I read the official tribunal order for case 4589229?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/9215499-Tribunal_Order_Redacted.pdf.

What was Tenancy Tribunal case 4589229 about?

The tribunal order states: The Tribunal orders suppression of [The tenant/s] name and identifying details.

How much money was awarded in case 4589229?

Cleaning: $140.00 awarded to landlord; Cleaning: $475.00 awarded to landlord; Filing Fee: $20.44 awarded to landlord; Painting Three Doors: $275.00 awarded to landlord; Property Damage: $10.80 awarded to landlord; Property Damage: $275.00 awarded to landlord; Rekey Front Door Lock / Replace Dead…: $275.00 awarded to landlord; Rent: $2,754.98 awarded to landlord; Tidy Lawns And Removal Garden Waste: $375.00 awarded to landlord

What type of tenancy dispute was case 4589229?

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

Where can I read the official tribunal order for case 4589229?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/9215499-Tribunal_Order_Redacted.pdf.

38B Bell Road, Western Heights, Rotorua 3015 Tenancy Tribunal Case 4589229 — Cleanliness

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38B Bell Road, Western Heights, Rotorua 3015 Tenancy Tribunal Case 4589229 — 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 4589229 — net $4,601.22 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent to 4 May 2023 and one week’s rent	$2,754.98	Rent to 4 May 2023 and one week’s rent
Internal cleaning	$475.00	Internal cleaning
Carpet clean	$140.00	Carpet clean
Tidy lawns and removal garden waste	$375.00	Tidy lawns and removal garden waste
Rekey front door lock / replace deadlock rear door	$275.00	Rekey front door lock / replace deadlock rear door
Replacement light shades	$10.80	Replacement light shades
General damage repair (para 25(a	$275.00	General damage repair (para 25(a
Painting three doors	$275.00	Painting three doors
Application filing fee	$20.44	Application filing fee
Net award	$4,601.22
Total payable by Tenant to Landlord	$4,601.22

Claims and awards for application 4589229 — net $4,601.22 NZD. Verify on MoJ.

Rent to 4 May 2023 and one week’s rent

Amount: $2,754.98
Awarded to: Landlord
Reason: Rent to 4 May 2023 and one week’s rent

Internal cleaning

Amount: $475.00
Awarded to: Landlord
Reason: Internal cleaning

Carpet clean

Amount: $140.00
Awarded to: Landlord
Reason: Carpet clean

Tidy lawns and removal garden waste

Amount: $375.00
Awarded to: Landlord
Reason: Tidy lawns and removal garden waste

Rekey front door lock / replace deadlock rear door

Amount: $275.00
Awarded to: Landlord
Reason: Rekey front door lock / replace deadlock rear door

Claim types — money lines allowed on this order

Carpet Cleaning Cleanliness Filing Fee Property damage

Order

The Tribunal orders suppression of [The tenant/s] name and identifying details.
[The tenant/s] to pay Inspire Real Estate Limited $4,601.22 immediately, calculates as follows: DescriptionLandlord Rent to 4 May 2023 and one week’s rent$2,754.98 Internal cleaning$475.00 Carpet clean$140.00 Tidy lawns and removal garden waste$375.00 Rekey front door lock / replace deadlock rear door$275.00 Replacement light shades$10.80 General damage repair (para 25(a))$275.00 Painting three doors$275.00 Application filing fee$20.44 Total award$4,601.22

Reasons

Both parties attended the hearing.
The Landlord has applied for compensation, refund of the bond, and reimbursement of the filing fee following the end of the tenancy.
The Tenant failed to quit the premises after his rehearing application was declined.
The Landlord has claimed the $200.00 bailiff’s fee, but this must be claimed through the District Court.
The Landlord also sought exemplary damages for the Tenant’s failure to vacate the premises. I indicated I was inclined to award the Landlord its actual loss for the Tenant’s failure to vacate, which I estimate to be one week’s rent, on top of the rent arrears it is claiming, which the Landlord required to get the home ready for re-tenanting.
I note, for the purposes of s 109, the Tenant continued to pay his weekly rent from 4 April to 5 May and was trying his best to keep the tenancy alive.

How much is owed for rent?

The tenancy ended on 4 April 2023. The tenant sought a rehearing, which I declined on 24 April 2023.
The Tenant did not leave the premises until a Court bailiff attended on 4 May 2023 to evict him.
The landlord provided rent records which prove the amount owing on 4 May 2023, and I award this amount, plus an additional week of rent: $2,754.98

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.
Two skip bins were hired by the Landlord, at a cost of $640.00, to remove rubbish from the premises. Both bins were filled. The Landlord’s photographs show the full extent of the rubbish left behind by the tenant.
The entire home required a deep clean and carpet cleaning, with animal waste left on the carpet, dirt and other organic material on most surfaces throughout the home. A professional cleaner was engaged to clean the premises at a cost of $475.00.
The carpet was also professionally cleaned at a cost of $140.00.
The gardens and yard required tidying and weeding, and the lawns had not been mowed in some time and were overgrown. The cost of removing and disposing of green waste and tidying the outside surrounds of the premises came to $375.00.
The tenant did not return the keys. The front door lock required rekeying and the deadbolt lock on the back door required removal and replacement. The costs of the locksmith came to $275.00.
There were damaged or missing lampshades which required replacement also, and these came to $10.80.
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 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.
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. See section 49B(1) RTA.
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 Guo v Korck [2019] NZHC 1541.
The following damage was caused during the tenancy: a. Broken cupboard doors, kitchen bench burnt, and a broken hall cupboard door. These repairs were essential and went beyond mere maintenance, the Landlord says. The cost of these repairs came to $275.00. The Landlord has supplied a paid invoice. b. Three doors significantly scratched by the dogs. The cost of repairing and repainting the doors came to $275.00. The Landlord has supplied a paid invoice.
The damage is more than fair wear and tear, and the tenant has not come to the hearing to disprove liability for the damage. The Landlord’s evidence proceeds unchallenged.
The amounts ordered are proved.
The Landlord has wholly succeeded with the claim I must reimburse the filing fee.
The Tenant has faced difficult circumstances, setbacks, and challenges with his mental health. Despite the termination of his tenancy, he made a genuine effort to pay his rent on time, even after being notified of the termination. Considering the Tenant's current situation and evident determination to improve, I believe that revealing his name in the decision could adversely affect his chances of finding new rental accommodation. It is crucial to provide him with an opportunity to rebuild his life and work towards wellness. I grant the Tenant name suppression.

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 4589229 — net $4,601.22 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent to 4 May 2023 and one week’s rent	$2,754.98	Rent to 4 May 2023 and one week’s rent
Internal cleaning	$475.00	Internal cleaning
Carpet clean	$140.00	Carpet clean
Tidy lawns and removal garden waste	$375.00	Tidy lawns and removal garden waste
Rekey front door lock / replace deadlock rear door	$275.00	Rekey front door lock / replace deadlock rear door
Replacement light shades	$10.80	Replacement light shades
General damage repair (para 25(a	$275.00	General damage repair (para 25(a
Painting three doors	$275.00	Painting three doors
Application filing fee	$20.44	Application filing fee
Net award	$4,601.22
Total payable by Tenant to Landlord	$4,601.22

Claims and awards for application 4589229 — net $4,601.22 NZD. Verify on MoJ.

Rent to 4 May 2023 and one week’s rent

Amount: $2,754.98
Awarded to: Landlord
Reason: Rent to 4 May 2023 and one week’s rent

Internal cleaning

Amount: $475.00
Awarded to: Landlord
Reason: Internal cleaning

Carpet clean

Amount: $140.00
Awarded to: Landlord
Reason: Carpet clean

Tidy lawns and removal garden waste

Amount: $375.00
Awarded to: Landlord
Reason: Tidy lawns and removal garden waste

Rekey front door lock / replace deadlock rear door

Amount: $275.00
Awarded to: Landlord
Reason: Rekey front door lock / replace deadlock rear door

Claim types — money lines allowed on this order

Carpet Cleaning Cleanliness Filing Fee Property damage

Order

The Tribunal orders suppression of [The tenant/s] name and identifying details.
[The tenant/s] to pay Inspire Real Estate Limited $4,601.22 immediately, calculates as follows: DescriptionLandlord Rent to 4 May 2023 and one week’s rent$2,754.98 Internal cleaning$475.00 Carpet clean$140.00 Tidy lawns and removal garden waste$375.00 Rekey front door lock / replace deadlock rear door$275.00 Replacement light shades$10.80 General damage repair (para 25(a))$275.00 Painting three doors$275.00 Application filing fee$20.44 Total award$4,601.22

Reasons

Both parties attended the hearing.
The Landlord has applied for compensation, refund of the bond, and reimbursement of the filing fee following the end of the tenancy.
The Tenant failed to quit the premises after his rehearing application was declined.
The Landlord has claimed the $200.00 bailiff’s fee, but this must be claimed through the District Court.
The Landlord also sought exemplary damages for the Tenant’s failure to vacate the premises. I indicated I was inclined to award the Landlord its actual loss for the Tenant’s failure to vacate, which I estimate to be one week’s rent, on top of the rent arrears it is claiming, which the Landlord required to get the home ready for re-tenanting.
I note, for the purposes of s 109, the Tenant continued to pay his weekly rent from 4 April to 5 May and was trying his best to keep the tenancy alive.

How much is owed for rent?

The tenancy ended on 4 April 2023. The tenant sought a rehearing, which I declined on 24 April 2023.
The Tenant did not leave the premises until a Court bailiff attended on 4 May 2023 to evict him.
The landlord provided rent records which prove the amount owing on 4 May 2023, and I award this amount, plus an additional week of rent: $2,754.98

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.
Two skip bins were hired by the Landlord, at a cost of $640.00, to remove rubbish from the premises. Both bins were filled. The Landlord’s photographs show the full extent of the rubbish left behind by the tenant.
The entire home required a deep clean and carpet cleaning, with animal waste left on the carpet, dirt and other organic material on most surfaces throughout the home. A professional cleaner was engaged to clean the premises at a cost of $475.00.
The carpet was also professionally cleaned at a cost of $140.00.
The gardens and yard required tidying and weeding, and the lawns had not been mowed in some time and were overgrown. The cost of removing and disposing of green waste and tidying the outside surrounds of the premises came to $375.00.
The tenant did not return the keys. The front door lock required rekeying and the deadbolt lock on the back door required removal and replacement. The costs of the locksmith came to $275.00.
There were damaged or missing lampshades which required replacement also, and these came to $10.80.
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 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.
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. See section 49B(1) RTA.
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 Guo v Korck [2019] NZHC 1541.
The following damage was caused during the tenancy: a. Broken cupboard doors, kitchen bench burnt, and a broken hall cupboard door. These repairs were essential and went beyond mere maintenance, the Landlord says. The cost of these repairs came to $275.00. The Landlord has supplied a paid invoice. b. Three doors significantly scratched by the dogs. The cost of repairing and repainting the doors came to $275.00. The Landlord has supplied a paid invoice.
The damage is more than fair wear and tear, and the tenant has not come to the hearing to disprove liability for the damage. The Landlord’s evidence proceeds unchallenged.
The amounts ordered are proved.
The Landlord has wholly succeeded with the claim I must reimburse the filing fee.
The Tenant has faced difficult circumstances, setbacks, and challenges with his mental health. Despite the termination of his tenancy, he made a genuine effort to pay his rent on time, even after being notified of the termination. Considering the Tenant's current situation and evident determination to improve, I believe that revealing his name in the decision could adversely affect his chances of finding new rental accommodation. It is crucial to provide him with an opportunity to rebuild his life and work towards wellness. I grant the Tenant name suppression.

Tenancy Tribunal case 4589229 — Cleanliness at 38B Bell Road, Western Heights, Rotorua 3015

At a glance

Tenancy Tribunal case 4589229 — Cleanliness at 38B Bell Road, Western Heights, Rotorua 3015

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