What was the outcome of Tenancy Tribunal case 4593733?

The tribunal order states: No application for suppression has been made in this case and no suppression

How much money was awarded in case 4593733?

Cabinet Hinges: $100.28 awarded to landlord; Cleaning: $650.00 awarded to landlord; Curtains: $830.00 awarded to landlord; Filing Fee: $20.44 awarded to landlord; Oven: $370.00 awarded to landlord; Painting: $3,500.00 awarded to landlord; Rangehood: $187.81 awarded to landlord

What type of tenancy dispute was case 4593733?

The primary dispute was Cleanliness.

Where can I read the official tribunal order for case 4593733?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/9445005-Tenancy_Tribunal_Order.pdf.

What was the outcome of Tenancy Tribunal case 4593733?

The tribunal order states: No application for suppression has been made in this case and no suppression

How much money was awarded in case 4593733?

Cabinet Hinges: $100.28 awarded to landlord; Cleaning: $650.00 awarded to landlord; Curtains: $830.00 awarded to landlord; Filing Fee: $20.44 awarded to landlord; Oven: $370.00 awarded to landlord; Painting: $3,500.00 awarded to landlord; Rangehood: $187.81 awarded to landlord

What type of tenancy dispute was case 4593733?

The primary dispute was Cleanliness.

Where can I read the official tribunal order for case 4593733?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/9445005-Tenancy_Tribunal_Order.pdf.

Unit/Flat Flat 2, 20 Kent Road, Manurewa, Auckland 2102 Tenancy Tribunal Case 4593733 — Cleanliness

Claims and awards in Tenancy Tribunal application 4593733 — net $3,338.53 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Cleaning and carpet cleaning	$650.00	Cleaning and carpet cleaning
Rangehood	$187.81	Rangehood
Oven	$370.00	Oven
Painting	$3,500.00	Painting
Curtains	$830.00	Curtains
Cabinet hinges	$100.28	Cabinet hinges
Filing fee reimbursement	$20.44	Filing fee reimbursement
Net award	$3,338.53
Total payable by Tenant to Landlord	$3,338.53

Order

No application for suppression has been made in this case and no suppression orders apply around publication of this decision.
Parmind Kumar must pay The Rent Shop Limited - as Agent for Wilzek Waldman Ltd $3,338.53 immediately, calculated as shown in the table below.

Reasons

Both parties attended the hearing on 21 September 2023.
The landlord has applied for compensation, refund of the bond, and reimbursement of the filing fee following the end of the tenancy.

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.
The landlord claimed cleaning and carpet cleaning costs. The exit inspection report identified various areas said to need cleaning. All internal doors were identified as dirty. The rangehood needed cleaning (the landlord in fact replaced the rangehood, on the basis that this was cheaper than cleaning it). The oven was identified as rusted, broken, dirty, and in need of replacement. The lounge and dining area were said to be black from smoke and needing cleaning.
The tenant accepted that one of the rooms needed cleaning but otherwise disputed these costs.
The landlord’s photographs show dark staining on the walls and ceiling of the lounge. The kitchen cupboards and floor were not left reasonably clean. There were fly spots on the ceiling of the bathroom. The oven and stove look rusted and the inside of the oven needed cleaning. They were second-hand (albeit newly purchased) at the start of the tenancy. The oven door, however, had become very rusted during the tenancy.
As to the carpet, there are only a few photographs. The lounge looks fine. There were large stains in bedrooms 1 and 2.
The photographs may not convey the levels of uncleanliness that the landlord saw. Overall, the 3-bedroom property appears to be close to a reasonably clean condition, except in the respects identified above. It is not clear that all the carpets needed cleaning. I also note that the cleaning costs were based on a quote. I award $650.00 for cleaning costs ($851.00 was claimed).

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.
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 4 weeks' rent.
Where the damage is careless and is not covered by the landlord's insurance, the tenant's liability is limited to 4 weeks' rent. The property was insured with an excess of $500.00.
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 (Guo v Korck [2019] NZHC 1541).
The carpet, painting, flooring, and kitchen cabinets were newly renovated at the start of the tenancy. The tenant said everything was left in good condition.
As noted above, the oven was damaged and had to be replaced. The rangehood was also considered to be full of grime and beyond cleaning. I accept that the oven was very rusty, and it seems likely that there was inadequate ventilation in the property during the latter part of the tenancy. The landlord commented that the curtains were always closed during inspections. The cost of a replacement rangehood ($187.81) may be about the same as the cost of cleaning. I award the amounts claimed for the replacement oven and rangehood ($557.81 in total).
The landlord claimed $8,652.00 for painting the walls. The painting quote provided by the landlord covered painting in the bedrooms, living room, hallway, kitchen, laundry, bathroom, and all doors, door frames, ceilings, and walls.
The inspection report referred to smoke damage in the living areas. The photographs show widespread minor scratches, scrapes, and cuts to the walls in the entrance, dining room, and the bedrooms. As noted, there were fly spots on the bathroom ceiling and small spots of damage to the bathroom walls, doorframe, and door. The laundry walls show some faint marks in the photographs and the windowsill paint was peeling. Some of the internal doors were damaged along the edge.
The damage is more than the wear and tear that might be expected over a 4- year tenancy (22 November 2019 to 1 May 2023). It is consistent with carelessly caused damage. At the same time, I am not satisfied that every wall and ceiling in the house needed repainting. There must also be some allowance for depreciation, on the basis that the walls were 4-years old by the end of the tenancy. I award the excess for each room to be painted (7 rooms) and award $3,500.00 for painting.
The landlord claimed $1,000.00 for replacement curtains. The exit inspection report identified dirty curtains and drapes in the lounge, kitchen, dining room, and all 3 bedrooms. The exit inspection photographs show mouldy curtains and lace curtains in the lounge, dining room and bedrooms. The lace curtains in bedrooms 1 and 3 do not look beyond cleaning. I award $800.00 for replacement curtains and $30.00 for curtain tracks.
The landlord claimed $100.28 for sealant and hinge replacement in the kitchen cabinets. The landlord said that the hinges were full of food and were rusted due to condensation. The tenant said the house had moisture causing the rust. I note that the property was presented in very good condition at the start of the tenancy, and towards the end there does seem to have been an issue with the tenant ensuring adequate ventilation. The hinges look very dirty and may also be rusted. I award the amount claimed to replace the hinges. Filing fee
The landlord’s application has been largely successful. It is appropriate to award the filing fee.

Claims and awards in Tenancy Tribunal application 4593733 — net $3,338.53 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Cleaning and carpet cleaning	$650.00	Cleaning and carpet cleaning
Rangehood	$187.81	Rangehood
Oven	$370.00	Oven
Painting	$3,500.00	Painting
Curtains	$830.00	Curtains
Cabinet hinges	$100.28	Cabinet hinges
Filing fee reimbursement	$20.44	Filing fee reimbursement
Net award	$3,338.53
Total payable by Tenant to Landlord	$3,338.53

Order

No application for suppression has been made in this case and no suppression orders apply around publication of this decision.
Parmind Kumar must pay The Rent Shop Limited - as Agent for Wilzek Waldman Ltd $3,338.53 immediately, calculated as shown in the table below.

Reasons

Both parties attended the hearing on 21 September 2023.
The landlord has applied for compensation, refund of the bond, and reimbursement of the filing fee following the end of the tenancy.

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.
The landlord claimed cleaning and carpet cleaning costs. The exit inspection report identified various areas said to need cleaning. All internal doors were identified as dirty. The rangehood needed cleaning (the landlord in fact replaced the rangehood, on the basis that this was cheaper than cleaning it). The oven was identified as rusted, broken, dirty, and in need of replacement. The lounge and dining area were said to be black from smoke and needing cleaning.
The tenant accepted that one of the rooms needed cleaning but otherwise disputed these costs.
The landlord’s photographs show dark staining on the walls and ceiling of the lounge. The kitchen cupboards and floor were not left reasonably clean. There were fly spots on the ceiling of the bathroom. The oven and stove look rusted and the inside of the oven needed cleaning. They were second-hand (albeit newly purchased) at the start of the tenancy. The oven door, however, had become very rusted during the tenancy.
As to the carpet, there are only a few photographs. The lounge looks fine. There were large stains in bedrooms 1 and 2.
The photographs may not convey the levels of uncleanliness that the landlord saw. Overall, the 3-bedroom property appears to be close to a reasonably clean condition, except in the respects identified above. It is not clear that all the carpets needed cleaning. I also note that the cleaning costs were based on a quote. I award $650.00 for cleaning costs ($851.00 was claimed).

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.
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 4 weeks' rent.
Where the damage is careless and is not covered by the landlord's insurance, the tenant's liability is limited to 4 weeks' rent. The property was insured with an excess of $500.00.
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 (Guo v Korck [2019] NZHC 1541).
The carpet, painting, flooring, and kitchen cabinets were newly renovated at the start of the tenancy. The tenant said everything was left in good condition.
As noted above, the oven was damaged and had to be replaced. The rangehood was also considered to be full of grime and beyond cleaning. I accept that the oven was very rusty, and it seems likely that there was inadequate ventilation in the property during the latter part of the tenancy. The landlord commented that the curtains were always closed during inspections. The cost of a replacement rangehood ($187.81) may be about the same as the cost of cleaning. I award the amounts claimed for the replacement oven and rangehood ($557.81 in total).
The landlord claimed $8,652.00 for painting the walls. The painting quote provided by the landlord covered painting in the bedrooms, living room, hallway, kitchen, laundry, bathroom, and all doors, door frames, ceilings, and walls.
The inspection report referred to smoke damage in the living areas. The photographs show widespread minor scratches, scrapes, and cuts to the walls in the entrance, dining room, and the bedrooms. As noted, there were fly spots on the bathroom ceiling and small spots of damage to the bathroom walls, doorframe, and door. The laundry walls show some faint marks in the photographs and the windowsill paint was peeling. Some of the internal doors were damaged along the edge.
The damage is more than the wear and tear that might be expected over a 4- year tenancy (22 November 2019 to 1 May 2023). It is consistent with carelessly caused damage. At the same time, I am not satisfied that every wall and ceiling in the house needed repainting. There must also be some allowance for depreciation, on the basis that the walls were 4-years old by the end of the tenancy. I award the excess for each room to be painted (7 rooms) and award $3,500.00 for painting.
The landlord claimed $1,000.00 for replacement curtains. The exit inspection report identified dirty curtains and drapes in the lounge, kitchen, dining room, and all 3 bedrooms. The exit inspection photographs show mouldy curtains and lace curtains in the lounge, dining room and bedrooms. The lace curtains in bedrooms 1 and 3 do not look beyond cleaning. I award $800.00 for replacement curtains and $30.00 for curtain tracks.
The landlord claimed $100.28 for sealant and hinge replacement in the kitchen cabinets. The landlord said that the hinges were full of food and were rusted due to condensation. The tenant said the house had moisture causing the rust. I note that the property was presented in very good condition at the start of the tenancy, and towards the end there does seem to have been an issue with the tenant ensuring adequate ventilation. The hinges look very dirty and may also be rusted. I award the amount claimed to replace the hinges. Filing fee
The landlord’s application has been largely successful. It is appropriate to award the filing fee.

Tenancy Tribunal case 4593733 — Cleanliness at Unit/Flat Flat 2, 20 Kent Road, Manurewa, Auckland 2102

At a glance

Tenancy Tribunal case 4593733 — Cleanliness at Unit/Flat Flat 2, 20 Kent Road, Manurewa, Auckland 2102

At a glance

Award balance

Claims & awards

Order

Reasons

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

Property management

Frequently asked questions

Award balance

Claims & awards

Order

Reasons

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

Property management

Frequently asked questions