Published tribunal order
Tenancy Tribunal case 4656130 — Cleanliness at 21 Collins Crescent, Feilding, Feilding 4702
Decided 5 Oct 2023 · Published 5 Oct 2023 · Application 4656130
Landlord favoured
- Cleanliness
- Property damage
Order
- No application for suppression has been made in this case and no suppression orders apply around publication of this decision.
- Nathan Henry Woodman and Sharmaine Tripp must pay REH Property Management Limited as Agent For Abdullah's Trust $5,737.59 immediately, calculated as shown in table below.
Reasons
- The landlord attended the hearing. There was no appearance from the tenant.
- The landlord has applied for compensation, refund of the bond, and reimbursement of the filing fee following the end of the tenancy.
- In an order dated 10 July 2023 the Tribunal terminated the tenancy with the consent of the tenant. The termination date was 16 July 2023. An order was made for $4,145.44 for rent arrears and filing fee to be paid by the tenant. The tenant agreed to make payments of $400 per week. At today’s hearing the landlord produced a rent summary showing that the tenant had made two payments of $400. That is reflected in calculations shown above.
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 and return all keys and security devices. See section 40(1)(e) Residential Tenancies Act 1986. See section 40(1)(ca) Residential Tenancies Act 1986. The tenant must also replace standard light bulbs.
- The landlord provided photographs showing tenant did not leave the premises reasonably clean and tidy. The drawers and surfaces were very dirty has was the carpet. The tenant had left a number of items outside and the lawns were very long The terms of the tenancy agreement required the tenant to maintain the lawns and grounds.
- The landlord provided an invoices for a. cleaning $550.00 b. carpet cleaning $315.00 c. lawn mowing and grounds$235.00
- The curtains were also very dirty and ripped. The owner washed and repaired them and submitted an invoice for $250 plus GST, which comes to $287.50.
- The tenant did not return the keys. The landlord submitted a receipt for $6.90 for a replacement key.
- The amounts ordered are proved.
- The landlord had to replace 3 light bulbs and smoke alarm batteries. They are referred to in an invoice from The Odd Jobbers Ltd, but no receipts are provided. Instead the invoice lists a number of items including the light bulbs and smoke alarms. The total amount for materials comes to $161.34. GST is then added once the labour and travel has been included. Without seeing receipts from the tradesperson, it is not clear whether GST has been paid twice for materials. The landlord is reminded to provide receipts (which would usually include GST) or an itemised account with figures for each item. This is important should the Tribunal not grant all claims.
- Similarly, the cost for removal of a swing set and slide had been included in the Odd Jobbers Ltd invoice. The landlord should itemise that separately because it is not a repair or damage.
- In this instance the Tribunal has approved payment of the full invoice for materials and repairs below, which includes these but if that had not been the case, then the landlord needs to be prepared to state exactly how much the smoke alarms and light bulbs cost, and the cost of removal of the swing set and slide.
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 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 as set out in the invoice from Odd Jobbers Ltd : a. Removal of doorstops b. Damaged bathroom lock c. Dents in doors d. Holes in bedroom door and wall in kitchen e. [list items]. The damage is more than fair wear and tear, and the tenant has not disproved liability for the damage. f. Damaged front door frame g. Door handle on lounge door removed h. Handles on kitchen cupboards removed i. Downpipe removed and placed in the grounds j. Cupboards loose at hinges k. Window stay missing
- The landlord provided photos showing this and also damage to the kitchen bench.
- The Odd Jobbers account comes to $545.46 including removal of the slide and swings, replacement of the bulbs and smoke alarm.
- The are two invoices for painting: $247.25 for sanding, undercoat and repaint of the kitchen bench and $184.00 for the door and wall repaint.
- Because Reh Property Management Limited As Agent For Abdullah's Trust has wholly succeeded with the claim I must reimburse the filing fee.