What was Tenancy Tribunal case 4648009 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 4648009?

Cleaning: $210.00 awarded to landlord; Curtain: $110.00 awarded to landlord; Filing Fee: $20.44 awarded to landlord

What type of tenancy dispute was case 4648009?

The primary dispute was Cleanliness.

Where can I read the official tribunal order for case 4648009?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/9515827-Tribunal_Order_Redacted.pdf.

What was Tenancy Tribunal case 4648009 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 4648009?

Cleaning: $210.00 awarded to landlord; Curtain: $110.00 awarded to landlord; Filing Fee: $20.44 awarded to landlord

What type of tenancy dispute was case 4648009?

The primary dispute was Cleanliness.

Where can I read the official tribunal order for case 4648009?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/9515827-Tribunal_Order_Redacted.pdf.

New Zealand Tenancy Tribunal Case 4648009 — Cleanliness

Reasons

Claims and awards in Tenancy Tribunal application 4648009 — net $340.44 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Carpet Cleaning	$210.00	Carpet Cleaning
Curtain	$110.00	Curtain
Filing fee reimbursement	$20.44	Filing fee reimbursement
Net award	$340.44
Total payable by Tenant to Landlord	$340.44

Both parties attended this remote teleconference hearing on 9 October 2023.

The landlord has applied for compensation 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, See section 40(1)(e)(ii)-(v) Residential Tenancies Act 1986.

The tenant did not leave the premises reasonably clean and tidy. The landlord was required to have the carpets professionally cleaned due to the smell of cat urine. The landlord provided an invoice from [Carpet cleaning company] for $210.00. The contractor provided a statement confirming that they had found evidence of cat urine in the lounge and hallway.

The tenant said that he had the carpets cleaned and suggested that a cat may have entered after the tenancy had ended, but prior to the contractor arriving. No evidence was provided to support that proposition. I prefer the landlord’s evidence in this matter.

The amount ordered is proven.

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. The landlord is insured. The policy of insurance has an excess of $550.00 for each and every claim.

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 landlord says that a curtain was damaged as a result of cat urine during the tenancy. The landlord provided a photo and an invoice for the replacement in support of the claim. The damage was caused during the tenancy. The damage is more than fair wear and tear, and the tenant has not disproved liability for the damage.

The amount ordered is proven.

As [The landlord/s] has wholly succeeded with the claim I must order the tenant to reimburse the filing fee.

Both parties applied for name suppression. The landlord has been wholly successful and suppression of the landlord details is ordered. The tenant has not been wholly or substantially successful and the application by the tenant is dismissed. .

Claims and awards in Tenancy Tribunal application 4648009 — net $340.44 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Carpet Cleaning	$210.00	Carpet Cleaning
Curtain	$110.00	Curtain
Filing fee reimbursement	$20.44	Filing fee reimbursement
Net award	$340.44
Total payable by Tenant to Landlord	$340.44

Order

An application for suppression has been made in this case, and the Tribunal orders suppression of the Landlord name and identifying details.
Kurtis Blake Hewitt must pay [The landlord/s] $340.44 immediately, calculated as shown in table below.

Reasons

Both parties attended this remote teleconference hearing on 9 October 2023.
The landlord has applied for compensation 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, See section 40(1)(e)(ii)-(v) Residential Tenancies Act 1986.
The tenant did not leave the premises reasonably clean and tidy. The landlord was required to have the carpets professionally cleaned due to the smell of cat urine. The landlord provided an invoice from [Carpet cleaning company] for $210.00. The contractor provided a statement confirming that they had found evidence of cat urine in the lounge and hallway.
The tenant said that he had the carpets cleaned and suggested that a cat may have entered after the tenancy had ended, but prior to the contractor arriving. No evidence was provided to support that proposition. I prefer the landlord’s evidence in this matter.
The amount ordered is proven.

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. The landlord is insured. The policy of insurance has an excess of $550.00 for each and every claim.
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 landlord says that a curtain was damaged as a result of cat urine during the tenancy. The landlord provided a photo and an invoice for the replacement in support of the claim. The damage was caused during the tenancy. The damage is more than fair wear and tear, and the tenant has not disproved liability for the damage.
The amount ordered is proven.
As [The landlord/s] has wholly succeeded with the claim I must order the tenant to reimburse the filing fee.
Both parties applied for name suppression. The landlord has been wholly successful and suppression of the landlord details is ordered. The tenant has not been wholly or substantially successful and the application by the tenant is dismissed. .

Tenancy Tribunal case 4648009 — Cleanliness

At a glance

Tenancy Tribunal case 4648009 — Cleanliness

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

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

Frequently asked questions