What was the outcome of Tenancy Tribunal case 4641869?

The tribunal order states: Ngawini Shannalah Hemara must pay The Rent Shop Limited As Agent For

How much money was awarded in case 4641869?

Cleaning: $287.50 awarded to landlord; Cleaning: $339.25 awarded to landlord; Filing Fee: $20.44 awarded to landlord; Flea Treatment & Removal Dead Cats: $628.19 awarded to landlord; Property Damage: $316.25 awarded to landlord; Replace Furnishings: Carpet: $2,098.75 awarded to landlord; Rubbish Removal: $1,265.00 awarded to landlord

What type of tenancy dispute was case 4641869?

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

Where can I read the official tribunal order for case 4641869?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/9628345-Tenancy_Tribunal_Order.pdf.

What was the outcome of Tenancy Tribunal case 4641869?

The tribunal order states: Ngawini Shannalah Hemara must pay The Rent Shop Limited As Agent For

How much money was awarded in case 4641869?

Cleaning: $287.50 awarded to landlord; Cleaning: $339.25 awarded to landlord; Filing Fee: $20.44 awarded to landlord; Flea Treatment & Removal Dead Cats: $628.19 awarded to landlord; Property Damage: $316.25 awarded to landlord; Replace Furnishings: Carpet: $2,098.75 awarded to landlord; Rubbish Removal: $1,265.00 awarded to landlord

What type of tenancy dispute was case 4641869?

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

Where can I read the official tribunal order for case 4641869?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/9628345-Tenancy_Tribunal_Order.pdf.

Unit/Flat 1, 111 Maich Road, Manurewa, Auckland 2102 Tenancy Tribunal Case 4641869 — Cleanliness

Reasons

Claims and awards in Tenancy Tribunal application 4641869 — net $4,955.38 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Replace furnishings: Carpet	$2,098.75	Replace furnishings: Carpet
Lock/key replacement: Front door and ranch slider	$316.25	Lock/key replacement: Front door and ranch slider
Flea treatment & removal dead cats	$628.19	Flea treatment & removal dead cats
Cleaning	$339.25	Cleaning
Carpet Cleaning	$287.50	Carpet Cleaning
Rubbish removal	$1,265.00	Rubbish removal
Filing fee reimbursement	$20.44	Filing fee reimbursement
Net award	$4,955.38
Total payable by Tenant to Landlord	$4,955.38

The Landlord attended the hearing. The Tenant did not appear.

The Tenant was notified of the hearing by email, post and text message. I am satisfied that the Tenant was aware of todays hearing.

The landlord has applied for rent arrears, compensation and reimbursement of the filing fee following the end of the tenancy.

As the landlord did not seek rent arrears in their application, this claim cannot be heard without the Tenant consenting to it being added as a new claim.

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 is required to replace worn out smoke alarm batteries during the tenancy. See section 40(1)(ca) Residential Tenancies Act 1986. The tenant must also replace standard light bulbs.

The tenant did not leave the premises reasonably clean and tidy, and did not remove all rubbish. The landlord described the condition of the property as if the Tenant ‘just walked out’ because allof their furniture and clothing was left behind. Photographs were provided of a bed, couch, tables, shelf, washing machine and refrigerator.

There was a substantial amount of cat faeces in each room and two dead cats were found inside the property. The Tenant was permitted one cat according to the Tenancy Agreement. Photographs were provided of the cat and the faeces. The Landlord submitted the walls required wiping down where it appeared there was urine stains around the skirting. The kitchen, laundry and bathroom required cleaning. The landlord attempted to clean the carpet after that did flea treatment however the stench of the cat urine and faeces was noted by people attending viewings of the property.

The Tenant did not return the keys. The front door and ranch slider required the locks to be changed. An invoice was provided to substantiate the costs.

The amounts ordered are proved. Flea treatment

The Landlord claimed for flea treatment as he was bitten when he attended the property. An invoice was provided to substantiate the costs.

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: carpet damage. The stench from the overwhelming amount of cat faeces and urine could not be removed after the Landlord attempted to clean and deodorise the carpet. The carpet was replaced in September 2022 just before the Tenant moved in and an invoice was provided to substantiate this. Because people attending viewings of the property noticed the smell which one person described as ‘something died in there’, the Landlord sought to replace the carpet in the lounge and two bedrooms. An invoice was provided to substantiate the costs.

The damage is more than fair wear and tear, and the tenant has not disproved liability for the damage.

The amounts ordered are proved.

I have taken into account betterment and depreciation. The landlord should be returned to the position they would have been in had the tenant not breached their obligations, and should not be better or worse off. In calculating depreciation, I have taken into account the age and condition of the items at the start of the tenancy and their likely useful lifespan.

As The Rent Shop Limited As Agent For Armin Morrison & Penny Laybourn has wholly succeeded their claim, the Tenant must reimburse the filing fee.

Claims and awards in Tenancy Tribunal application 4641869 — net $4,955.38 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Replace furnishings: Carpet	$2,098.75	Replace furnishings: Carpet
Lock/key replacement: Front door and ranch slider	$316.25	Lock/key replacement: Front door and ranch slider
Flea treatment & removal dead cats	$628.19	Flea treatment & removal dead cats
Cleaning	$339.25	Cleaning
Carpet Cleaning	$287.50	Carpet Cleaning
Rubbish removal	$1,265.00	Rubbish removal
Filing fee reimbursement	$20.44	Filing fee reimbursement
Net award	$4,955.38
Total payable by Tenant to Landlord	$4,955.38

Order

Ngawini Shannalah Hemara must pay The Rent Shop Limited As Agent For Armin Morrison & Penny Laybourn $4,955.38 immediately, calculated as shown in table below.

Reasons

The Landlord attended the hearing. The Tenant did not appear.
The Tenant was notified of the hearing by email, post and text message. I am satisfied that the Tenant was aware of todays hearing.
The landlord has applied for rent arrears, compensation and reimbursement of the filing fee following the end of the tenancy.
As the landlord did not seek rent arrears in their application, this claim cannot be heard without the Tenant consenting to it being added as a new claim.

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 is required to replace worn out smoke alarm batteries during the tenancy. See section 40(1)(ca) Residential Tenancies Act 1986. The tenant must also replace standard light bulbs.
The tenant did not leave the premises reasonably clean and tidy, and did not remove all rubbish. The landlord described the condition of the property as if the Tenant ‘just walked out’ because allof their furniture and clothing was left behind. Photographs were provided of a bed, couch, tables, shelf, washing machine and refrigerator.
There was a substantial amount of cat faeces in each room and two dead cats were found inside the property. The Tenant was permitted one cat according to the Tenancy Agreement. Photographs were provided of the cat and the faeces. The Landlord submitted the walls required wiping down where it appeared there was urine stains around the skirting. The kitchen, laundry and bathroom required cleaning. The landlord attempted to clean the carpet after that did flea treatment however the stench of the cat urine and faeces was noted by people attending viewings of the property.
The Tenant did not return the keys. The front door and ranch slider required the locks to be changed. An invoice was provided to substantiate the costs.
The amounts ordered are proved. Flea treatment
The Landlord claimed for flea treatment as he was bitten when he attended the property. An invoice was provided to substantiate the costs.
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: carpet damage. The stench from the overwhelming amount of cat faeces and urine could not be removed after the Landlord attempted to clean and deodorise the carpet. The carpet was replaced in September 2022 just before the Tenant moved in and an invoice was provided to substantiate this. Because people attending viewings of the property noticed the smell which one person described as ‘something died in there’, the Landlord sought to replace the carpet in the lounge and two bedrooms. An invoice was provided to substantiate the costs.
The damage is more than fair wear and tear, and the tenant has not disproved liability for the damage.
The amounts ordered are proved.
I have taken into account betterment and depreciation. The landlord should be returned to the position they would have been in had the tenant not breached their obligations, and should not be better or worse off. In calculating depreciation, I have taken into account the age and condition of the items at the start of the tenancy and their likely useful lifespan.
As The Rent Shop Limited As Agent For Armin Morrison & Penny Laybourn has wholly succeeded their claim, the Tenant must reimburse the filing fee.

Tenancy Tribunal case 4641869 — Cleanliness at Unit/Flat 1, 111 Maich Road, Manurewa, Auckland 2102

At a glance

Tenancy Tribunal case 4641869 — Cleanliness at Unit/Flat 1, 111 Maich 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