What was Tenancy Tribunal case 4598790 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 4598790?

Cleaning: $190.00 awarded to landlord; Filing Fee: $20.44 awarded to landlord; Lawns and Garden Work: $50.00 awarded to landlord; Property Damage: $750.00 awarded to landlord; Removing Rust, Stains, Paint: $220.00 awarded to landlord; Rent Arrears: $820.28 awarded to landlord; Rubbish Removal: $100.00 awarded to landlord; Water Rates: $64.66 awarded to landlord

What type of tenancy dispute was case 4598790?

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

Where can I read the official tribunal order for case 4598790?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/9540499-Tribunal_Order_Redacted.pdf.

What was Tenancy Tribunal case 4598790 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 4598790?

Cleaning: $190.00 awarded to landlord; Filing Fee: $20.44 awarded to landlord; Lawns and Garden Work: $50.00 awarded to landlord; Property Damage: $750.00 awarded to landlord; Removing Rust, Stains, Paint: $220.00 awarded to landlord; Rent Arrears: $820.28 awarded to landlord; Rubbish Removal: $100.00 awarded to landlord; Water Rates: $64.66 awarded to landlord

What type of tenancy dispute was case 4598790?

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

Where can I read the official tribunal order for case 4598790?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/9540499-Tribunal_Order_Redacted.pdf.

New Zealand Tenancy Tribunal Case 4598790 — Rent arrears

Claims and awards in Tenancy Tribunal application 4598790 — net $2,215.38 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears to 13 May 2023	$820.28	Rent arrears to 13 May 2023
Cleaning	$190.00	Cleaning
Rubbish removal	$100.00	Rubbish removal
Repair walls, ceilings	$750.00	Repair walls, ceilings
Garden work	$50.00	Garden work
Removing rust, stains, paint	$220.00	Removing rust, stains, paint
Water rates	$64.66	Water rates
Filing fee reimbursement	$20.44	Filing fee reimbursement
Net award	$2,215.38
Total payable by Tenant to Landlord	$2,215.38

Order

An application for suppression has been made in this case, and the Tribunal orders suppression of the landlord’s name and identifying details.
Hannah Schwenke and William Schwenke must pay [The landlord/s] $2,395.38 immediately, calculated as shown in table below.
The landlord’s other claims are dismissed.

Reasons

Both parties attended the hearing.
The landlord has applied for rent arrears, water charges, compensation, and reimbursement of the filing fee following the end of the tenancy.

How much is owed for rent and water rates and water charges?

The tenancy ended on 13 May 2023. The tenants accept the amount claimed for rent and water charges.

Did the tenants 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, and leave all chattels provided for their benefit: section 40(1)(e)(ii)-(v) Residential Tenancies Act 1986 (the Act).
The landlord claims the sum of $643.52 plus his time to clean the premises and to tidy the lawns and gardens.
The tenants accept that they did not leave the two bathrooms and the oven the premises reasonably clean. They also accept the claim for the landlord’s time (two hours) to clean marks from the carpets in the lounge and a bedroom. They dispute the claim for cleaning other areas of the property.
I am not satisfied that the landlord has provided sufficient evidence to establish that the tenants did not leave the premises reasonably clean, other than the areas the tenants accept. In particular, there were no photographs or other objective evidence provided to support the landlord’s claim that these other areas were not left reasonably clean. Doing the best I can on the evidence before me I consider the sum of $190.00 reasonable to compensate the landlord for the areas the tenants accept were not left reasonably clean
The claim for the landlord’s time to mow the lawns is dismissed because the photograph of the lawns taken soon after the tenancy ended establish that the lawns were reasonably tidy. However, the tenants accept that there were some weeds in the gardens at the end of the tenancy and they left some grass clippings on the gardens. In the circumstances I consider the sum of $50.00 reasonable to compensate the landlord for his time to tidy the gardens and remove the clippings.
The tenants did not dispute that they left some rubbish (carpet from the garage floor) at the end of the tenancy. The landlord provided a receipt for dump fees ($45.42) and claimed his time to remove and dump the carpets. Taking into account all the circumstances, I consider $75.00 reasonable to compensate the landlord for his time.
The landlord also claimed, in his application, for the cost to replace a missing oven tray but he withdrew that claim at the hearing.

Are the tenants responsible for the damage to the premises?

To be successful in a claim for damage to the premises, the landlord must prove that damage occurred during the tenancy and is more than fair wear and tear. If this is established, to avoid liability, the tenant must prove they, or others at the premises with the tenants’ permission, did not carelessly or intentionally cause or permit the damage: sections 40(2)(a), 41 and 49B of the Act.
The landlord claims the cost to remedy the following damage: • Damage to walls, ceilings, windowsills, door frames, and two doors • Damage to the barbeque area (fat deposits on the fence and concrete), damage to a wall of the house (paint splashes), and rust stains on the driveway and paths
The landlord also claimed the cost to remedy damage to the carpet (stain and a small burn) but he withdrew that claim at the hearing.
The tenants accept the claim for the landlord’s time and materials to clean the barbeque area, wall, and stains on the driveway and paths. The landlord claims that he spent 8 hours completing the work. An hourly rate of $25.00 is considered reasonable when a landlord does work on a tenancy themselves. I therefore order the tenant to pay the landlord $200.00 for his time and I consider $20.00 reasonable to compensate the landlord for the cost of materials.
The landlord claims the sum of $5,635.00 to have repaired and painted walls and woodwork in all rooms except the bathroom and one wall in the ensuite, the ceilings in the garage and a bedroom, and two doors.
The tenants accept that there was some damage to the walls in a bedroom and the hall that they had attempted to repair, and they accept that the repair is not up to a workmanlike standard. The tenants also accept that there were some “dents” in the garage walls.
However, I am not satisfied that the landlord has established that all of the damage claimed is beyond fair wear and tear. In particular, the photograph of one of the doors claimed shows minor paint chips along the door edge (there was no photograph of the other door and the landlord could not recall what the damage was), and the photographs of the some of wall damage claimed simply shows minor dents, scrapes or marks which in my view are the result of ordinary wear and tear that can be expected during the occupation of the premises by a family of two adults and three young children over a period of three years.
Again, doing the best I can on the evidence before me I consider $750.00 reasonable to compensate the landlord for the damage accepted by the tenants. In assessing the amount of compensation, I have taken into account betterment and depreciation. The walls were last painted three years ago, in 2020 (the house was new at that time), and painted walls are expected to last approximately 10 years before requiring repainting. The landlord’s other claims
The landlord claimed the cost to have the power reconnected to enable the repair and other work to be completed, and three weeks loss of rent (at $635 per week) while the work claimed was being completed.
Both claims are dismissed. There is an expectation that there will be some 'down time' between tenancies to complete necessary work/maintenance on the premises and to bring it to a standard a landlord might like for a new tenant. It is also generally necessary to have power connected to the premises to enable this work to be completed. The cost of the downtime and to reconnect power are considered to be ordinary business expenses and I do not consider that the nature and extent of the successful claims here required a longer period of down time than would be considered normal. Tribunal application fee
The landlord has been partially successful in his claims, and I consider this an appropriate case to award him payment of the Tribunal application fee. Suppression
The landlord applied, in his application, for a suppression order.
Section 95A of the Act provides that the Tribunal must, on the application of a party who has been wholly or substantially successful in the proceedings, order that the party’s name or identifying particulars not be published (unless the limited circumstances set out in the section apply).
The landlord has been successful in most of his claims and the limited exceptions set out in s 95A do not apply. I therefore make an order that the landlord’s names and identifying details be suppressed.

Claims and awards in Tenancy Tribunal application 4598790 — net $2,215.38 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears to 13 May 2023	$820.28	Rent arrears to 13 May 2023
Cleaning	$190.00	Cleaning
Rubbish removal	$100.00	Rubbish removal
Repair walls, ceilings	$750.00	Repair walls, ceilings
Garden work	$50.00	Garden work
Removing rust, stains, paint	$220.00	Removing rust, stains, paint
Water rates	$64.66	Water rates
Filing fee reimbursement	$20.44	Filing fee reimbursement
Net award	$2,215.38
Total payable by Tenant to Landlord	$2,215.38

Order

An application for suppression has been made in this case, and the Tribunal orders suppression of the landlord’s name and identifying details.
Hannah Schwenke and William Schwenke must pay [The landlord/s] $2,395.38 immediately, calculated as shown in table below.
The landlord’s other claims are dismissed.

Reasons

Both parties attended the hearing.
The landlord has applied for rent arrears, water charges, compensation, and reimbursement of the filing fee following the end of the tenancy.

How much is owed for rent and water rates and water charges?

The tenancy ended on 13 May 2023. The tenants accept the amount claimed for rent and water charges.

Did the tenants 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, and leave all chattels provided for their benefit: section 40(1)(e)(ii)-(v) Residential Tenancies Act 1986 (the Act).
The landlord claims the sum of $643.52 plus his time to clean the premises and to tidy the lawns and gardens.
The tenants accept that they did not leave the two bathrooms and the oven the premises reasonably clean. They also accept the claim for the landlord’s time (two hours) to clean marks from the carpets in the lounge and a bedroom. They dispute the claim for cleaning other areas of the property.
I am not satisfied that the landlord has provided sufficient evidence to establish that the tenants did not leave the premises reasonably clean, other than the areas the tenants accept. In particular, there were no photographs or other objective evidence provided to support the landlord’s claim that these other areas were not left reasonably clean. Doing the best I can on the evidence before me I consider the sum of $190.00 reasonable to compensate the landlord for the areas the tenants accept were not left reasonably clean
The claim for the landlord’s time to mow the lawns is dismissed because the photograph of the lawns taken soon after the tenancy ended establish that the lawns were reasonably tidy. However, the tenants accept that there were some weeds in the gardens at the end of the tenancy and they left some grass clippings on the gardens. In the circumstances I consider the sum of $50.00 reasonable to compensate the landlord for his time to tidy the gardens and remove the clippings.
The tenants did not dispute that they left some rubbish (carpet from the garage floor) at the end of the tenancy. The landlord provided a receipt for dump fees ($45.42) and claimed his time to remove and dump the carpets. Taking into account all the circumstances, I consider $75.00 reasonable to compensate the landlord for his time.
The landlord also claimed, in his application, for the cost to replace a missing oven tray but he withdrew that claim at the hearing.

Are the tenants responsible for the damage to the premises?

To be successful in a claim for damage to the premises, the landlord must prove that damage occurred during the tenancy and is more than fair wear and tear. If this is established, to avoid liability, the tenant must prove they, or others at the premises with the tenants’ permission, did not carelessly or intentionally cause or permit the damage: sections 40(2)(a), 41 and 49B of the Act.
The landlord claims the cost to remedy the following damage: • Damage to walls, ceilings, windowsills, door frames, and two doors • Damage to the barbeque area (fat deposits on the fence and concrete), damage to a wall of the house (paint splashes), and rust stains on the driveway and paths
The landlord also claimed the cost to remedy damage to the carpet (stain and a small burn) but he withdrew that claim at the hearing.
The tenants accept the claim for the landlord’s time and materials to clean the barbeque area, wall, and stains on the driveway and paths. The landlord claims that he spent 8 hours completing the work. An hourly rate of $25.00 is considered reasonable when a landlord does work on a tenancy themselves. I therefore order the tenant to pay the landlord $200.00 for his time and I consider $20.00 reasonable to compensate the landlord for the cost of materials.
The landlord claims the sum of $5,635.00 to have repaired and painted walls and woodwork in all rooms except the bathroom and one wall in the ensuite, the ceilings in the garage and a bedroom, and two doors.
The tenants accept that there was some damage to the walls in a bedroom and the hall that they had attempted to repair, and they accept that the repair is not up to a workmanlike standard. The tenants also accept that there were some “dents” in the garage walls.
However, I am not satisfied that the landlord has established that all of the damage claimed is beyond fair wear and tear. In particular, the photograph of one of the doors claimed shows minor paint chips along the door edge (there was no photograph of the other door and the landlord could not recall what the damage was), and the photographs of the some of wall damage claimed simply shows minor dents, scrapes or marks which in my view are the result of ordinary wear and tear that can be expected during the occupation of the premises by a family of two adults and three young children over a period of three years.
Again, doing the best I can on the evidence before me I consider $750.00 reasonable to compensate the landlord for the damage accepted by the tenants. In assessing the amount of compensation, I have taken into account betterment and depreciation. The walls were last painted three years ago, in 2020 (the house was new at that time), and painted walls are expected to last approximately 10 years before requiring repainting. The landlord’s other claims
The landlord claimed the cost to have the power reconnected to enable the repair and other work to be completed, and three weeks loss of rent (at $635 per week) while the work claimed was being completed.
Both claims are dismissed. There is an expectation that there will be some 'down time' between tenancies to complete necessary work/maintenance on the premises and to bring it to a standard a landlord might like for a new tenant. It is also generally necessary to have power connected to the premises to enable this work to be completed. The cost of the downtime and to reconnect power are considered to be ordinary business expenses and I do not consider that the nature and extent of the successful claims here required a longer period of down time than would be considered normal. Tribunal application fee
The landlord has been partially successful in his claims, and I consider this an appropriate case to award him payment of the Tribunal application fee. Suppression
The landlord applied, in his application, for a suppression order.
Section 95A of the Act provides that the Tribunal must, on the application of a party who has been wholly or substantially successful in the proceedings, order that the party’s name or identifying particulars not be published (unless the limited circumstances set out in the section apply).
The landlord has been successful in most of his claims and the limited exceptions set out in s 95A do not apply. I therefore make an order that the landlord’s names and identifying details be suppressed.

Tenancy Tribunal case 4598790 — Rent arrears

At a glance

Tenancy Tribunal case 4598790 — Rent arrears

At a glance

Award balance

Claims & awards

Dismissed claims

Order

Reasons

How much is owed for rent and water rates and water charges?

Did the tenants comply with their obligations at the end of the tenancy?

Are the tenants responsible for the damage to the premises?

Topics & place

Residential Tenancies Act sections

Key findings

Frequently asked questions

Award balance

Claims & awards

Dismissed claims

Order

Reasons

How much is owed for rent and water rates and water charges?

Did the tenants comply with their obligations at the end of the tenancy?

Are the tenants responsible for the damage to the premises?

Topics & place

Residential Tenancies Act sections

Key findings

Frequently asked questions