What was Tenancy Tribunal case 4664990 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 4664990?

Cleaning: $370.00 awarded to landlord; Cleaning: $1,006.25 awarded to landlord; Filing Fee: $20.44 awarded to landlord; Lawns and Garden Work: $325.00 awarded to landlord; Miscellaneous Costs: $31.44 awarded to landlord; Property Damage: $100.00 awarded to landlord; Reletting Costs: $143.69 awarded to landlord; Rubbish Removal: $392.15 awarded to landlord

What type of tenancy dispute was case 4664990?

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

Where can I read the official tribunal order for case 4664990?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/9526946-Tribunal_Order_Redacted.pdf.

What was Tenancy Tribunal case 4664990 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 4664990?

Cleaning: $370.00 awarded to landlord; Cleaning: $1,006.25 awarded to landlord; Filing Fee: $20.44 awarded to landlord; Lawns and Garden Work: $325.00 awarded to landlord; Miscellaneous Costs: $31.44 awarded to landlord; Property Damage: $100.00 awarded to landlord; Reletting Costs: $143.69 awarded to landlord; Rubbish Removal: $392.15 awarded to landlord

What type of tenancy dispute was case 4664990?

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

Where can I read the official tribunal order for case 4664990?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/9526946-Tribunal_Order_Redacted.pdf.

New Zealand Tenancy Tribunal Case 4664990 — Cleanliness

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New Zealand Tenancy Tribunal Case 4664990 — Cleanliness | TenantCheck

Claims & awards

What this tenancy cost at tribunal — claim, category, amount, and party awarded, with reconciled net total.

Claims and awards in Tenancy Tribunal application 4664990 — net $2,388.97 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rubbish removal	$392.15	Rubbish removal
Cleaning	$1,006.25	Cleaning
Reletting costs	$143.69	Reletting costs
Garden work	$325.00	Garden work
Garage door repair	$100.00	Garage door repair
Carpet Cleaning	$370.00	Carpet Cleaning
Miscellaneous costs	$31.44	Miscellaneous costs
Filing fee reimbursement	$20.44	Filing fee reimbursement
Net award	$2,388.97
Total payable by Tenant to Landlord	$2,388.97

Claims and awards for application 4664990 — net $2,388.97 NZD. Verify on MoJ.

Rubbish removal

Amount: $392.15
Awarded to: Landlord
Reason: Rubbish removal

Cleaning

Amount: $1,006.25
Awarded to: Landlord
Reason: Cleaning

Reletting costs

Amount: $143.69
Awarded to: Landlord
Reason: Reletting costs

Garden work

Amount: $325.00
Awarded to: Landlord
Reason: Garden work

Garage door repair

Amount: $100.00
Awarded to: Landlord
Reason: Garage door repair

Carpet Cleaning

Claim types — money lines allowed on this order

Carpet Cleaning Cleanliness Filing Fee Lawns And Garden Work Property damage Rubbish Removal

Order

An application for suppression has been made in this case, and the Tribunal orders suppression of the landlord’s name and identifying details.
Christina Marsden and Kasey Warren Marsden must pay [The landlord/s] $2,388.97 immediately, calculated as shown in table below. DescriptionLandlord Rubbish removal$392.15 Cleaning$1,006.25 Reletting costs$143.69 Garden work$325.00 Garage door repair$100.00 Carpet Cleaning$370.00 Miscellaneous costs$31.44 Filing fee reimbursement$20.44 Total payable by Tenant to Landlord$2,388.97

Reasons

The Tribunal must consider an application filed by the landlord seeking compensation for various costs at the end of the tenancy.
Only the landlord appeared at the hearing. I am satisfied that the tenants have been property notified of the hearing, and therefore I will proceed to consider the claim in their absence.

BACKGROUND

The tenancy agreement has been provided. This document records there are two co-tenants, that is Christina Marsden and Kasey Marsden. The tenancy was a fixed term tenancy between 18 October 2022 and 18 October 2023.
The tenancy was terminated by order of the Tenancy Tribunal dated 26 July 2023 (application 4622390). The tenancy was terminated given the level of rent arrears. The bond was released to the landlord in that order, and the Tribunal ordered possession to return to the landlord on 31 July 2023.
I note for completeness that the adjudicator telephone the tenants on the two numbers available, and that both calls went to voicemail. The adjudicator was satisfied that the tenant did not wish to engage with that hearing.

RELEVANT LEGAL CONSIDERATIONS

The relevant law that applies is found in the Residential Tenancies Act 1986 (“RTA”).
With any claim before the Tenancy Tribunal, the Tribunal applies the usual civil law standards and expectations.
That includes a requirement that the party bringing the claim (the applicant), establish their claims “on the balance of probabilities”. The balance of probabilities means more likely than un-likely, or in mathematical terms, has a fractionally more than 50% likelihood. The Tribunal does not need to be certain or very sure about any claim, only that what is claimed is likely.
This obligation carried by the applicant is referred to as the “burden of proof”. Independent witnesses, corroborating documents and photographs are an important part of discharging this burden.

CLEANING AND RUBBISH REMOVAL

The Residential Tenancies Act 1986 (RTA) requires that the landlord provide the premises to the tenant at the start of the tenancy in a reasonable state of cleanliness (s45(1)(a)), and there is an equivalent obligation on the tenant to return the premises: ...in a reasonably clean and reasonably tidy condition, and remove or arrange for the removal from the premises of all rubbish.
It is important to note that the RTA does not require the premises to be provided / returned in an immaculate condition, only in a reasonably clean and tidy state. There is no scientific way to determine what is ‘reasonably’ clean and tidy, what is required is for the Tribunal to evaluate the evidence available (particularly photographs presented), and then to determine whether the premises would be reasonably clean. Rubbish removal
The landlord states that the tenants left rubbish bags full at the end of the tenancy, as well as leaving rubbish in the garage. The landlord refers to an invoice on file from ‘Stump Craft’ for labour and tip fees totalling $392.15. This claim is supported by photographs provided.
I am satisfied that the tenants have not removed rubbish at the time the tenancy ended, the claim seems reasonable and is ordered in full. Cleaning
The landlord has claimed $1,006.25 for general cleaning at the end of the tenancy. The landlord has provided photographs, which I am satisfied show that the premises were not returned reasonably clean and tidy. The pre- tenancy photographs show a very clean and tidy premises, and at the end of the tenancy the premises were very unclean. The invoice records costs of $1,006.25 as having been incurred for cleaning the tenancy, and that claim seems reasonable.
This claim is established and is ordered in full.

COMPENSATION

With any claim for compensation, to receive an order the party must incur a loss. In short the compensation is intended as best money can do, to compensate for the actual loss incurred. Reletting costs
The landlord has claimed costs of $684.25 for reletting the tenancy, given the tenancy was terminated before the end of the fixed term period.
The tenancy ended on 31 July 2023, and was a fixed term tenancy to 18 October 2023. The tenancy therefore ended 78 days early. In percentage terms, the tenancy ended 21% of the tenancy term early. It is fair that the tenants pay that proportion of the reletting costs, being $143.69. The reason I have reduced the amount of the full reletting charges, is because at the end of the fixed term tenancy the tenants could have ended the tenancy, and the landlord would have incurred costs for reletting then. Locksmith charges
The landlord seeks Locksmith charges for changing locks, and repairing the garage door. The amount claimed is $482.59.
In relation to the lock change, that is declined. The RTA confirms that the obligation on the tenant is to return all keys at the end of the tenancy, and the landlord has accepted they did to that, so the tenant has complied with their legal obligations. I cannot see any compelling reason to depart from that usual expectation, and to find that the tenants would nevertheless be responsible for replacing the door locks.
However the other claim relates to repairs to the garage door. The landlord advised that the electric opening mechanism was broken. The landlord assumes that the tenants forced the door to open it at the end of the tenancy, after the power to the premises had been shut off.
With any claim for damage (which this would be), the landlord must establish that the damage occurred during the tenancy, and was not fair wear and tear. I accept the damage in this case occurred during the tenancy, and was not fair wear and tear. The onus then shifts to the tenant to prove that the damage was not careless or intentional damage, and they have not established that. I find that the tenants would be liable for the garage door replacement costs.
The landlord submitted that a fair split of the Locksmith work to repair the garage door would be $100.00. That seems reasonable, and that amount is ordered to be paid by the tenants. Gardening work
The landlord seeks an order of $325.00 for gardening work, stating that there was weeding needed that the end of the tenancy. Reference is made to an invoice recording that 6 ½ hours of gardening work was undertaken at a cost of $325.00. The photographs do support this claim.
I am satisfied that the gardens were not returned at the end of the tenancy reasonably tidy, therefore the tenants are liable for that cost. Carpet cleaning
The landlord claims costs of $370.00 for carpet cleaning, stating the carpets were in a poor condition at the end of the tenancy. The landlord states the carpets were cleaned when the tenants took over the tenancy. I am satisfied that it is likely that carpet cleaning was required at the end of the tenancy because the premises were not returned reasonably clean. The photographs at the end of the tenancy show extensive staining to the carpets, not there when the tenancy commenced. This claim is ordered in full. Miscellaneous costs
The landlord states that the tenants took the lightbulbs ($10.08) and smoke alarms ($14.68), which needed to be replaced. The landlord also seeks costs for the oven cleaner at $6.68. The landlord has provided an invoice from Mitre10 supporting these amounts claimed. I award those costs as I accept they relate to obligations the tenants had to the landlord, which the tenants breached.

FILING FEE

The applicant has been mostly successful in their claim before the Tribunal. I find it is reasonable therefore to award the filing fee paid to commence the proceeding in the Tribunal, which is $20.44.

NAME SUPPRESSION

The Tribunal can order name suppression when a party has been wholly or substantially successful in the proceeding. In this case landlord has been substantially successful in its claim, so name suppression for the landlord company is ordered.

Claims & awards

What this tenancy cost at tribunal — claim, category, amount, and party awarded, with reconciled net total.

Claims and awards in Tenancy Tribunal application 4664990 — net $2,388.97 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rubbish removal	$392.15	Rubbish removal
Cleaning	$1,006.25	Cleaning
Reletting costs	$143.69	Reletting costs
Garden work	$325.00	Garden work
Garage door repair	$100.00	Garage door repair
Carpet Cleaning	$370.00	Carpet Cleaning
Miscellaneous costs	$31.44	Miscellaneous costs
Filing fee reimbursement	$20.44	Filing fee reimbursement
Net award	$2,388.97
Total payable by Tenant to Landlord	$2,388.97

Claims and awards for application 4664990 — net $2,388.97 NZD. Verify on MoJ.

Rubbish removal

Amount: $392.15
Awarded to: Landlord
Reason: Rubbish removal

Cleaning

Amount: $1,006.25
Awarded to: Landlord
Reason: Cleaning

Reletting costs

Amount: $143.69
Awarded to: Landlord
Reason: Reletting costs

Garden work

Amount: $325.00
Awarded to: Landlord
Reason: Garden work

Garage door repair

Amount: $100.00
Awarded to: Landlord
Reason: Garage door repair

Carpet Cleaning

Claim types — money lines allowed on this order

Carpet Cleaning Cleanliness Filing Fee Lawns And Garden Work Property damage Rubbish Removal

Order

An application for suppression has been made in this case, and the Tribunal orders suppression of the landlord’s name and identifying details.
Christina Marsden and Kasey Warren Marsden must pay [The landlord/s] $2,388.97 immediately, calculated as shown in table below. DescriptionLandlord Rubbish removal$392.15 Cleaning$1,006.25 Reletting costs$143.69 Garden work$325.00 Garage door repair$100.00 Carpet Cleaning$370.00 Miscellaneous costs$31.44 Filing fee reimbursement$20.44 Total payable by Tenant to Landlord$2,388.97

Reasons

The Tribunal must consider an application filed by the landlord seeking compensation for various costs at the end of the tenancy.
Only the landlord appeared at the hearing. I am satisfied that the tenants have been property notified of the hearing, and therefore I will proceed to consider the claim in their absence.

BACKGROUND

The tenancy agreement has been provided. This document records there are two co-tenants, that is Christina Marsden and Kasey Marsden. The tenancy was a fixed term tenancy between 18 October 2022 and 18 October 2023.
The tenancy was terminated by order of the Tenancy Tribunal dated 26 July 2023 (application 4622390). The tenancy was terminated given the level of rent arrears. The bond was released to the landlord in that order, and the Tribunal ordered possession to return to the landlord on 31 July 2023.
I note for completeness that the adjudicator telephone the tenants on the two numbers available, and that both calls went to voicemail. The adjudicator was satisfied that the tenant did not wish to engage with that hearing.

RELEVANT LEGAL CONSIDERATIONS

The relevant law that applies is found in the Residential Tenancies Act 1986 (“RTA”).
With any claim before the Tenancy Tribunal, the Tribunal applies the usual civil law standards and expectations.
That includes a requirement that the party bringing the claim (the applicant), establish their claims “on the balance of probabilities”. The balance of probabilities means more likely than un-likely, or in mathematical terms, has a fractionally more than 50% likelihood. The Tribunal does not need to be certain or very sure about any claim, only that what is claimed is likely.
This obligation carried by the applicant is referred to as the “burden of proof”. Independent witnesses, corroborating documents and photographs are an important part of discharging this burden.

CLEANING AND RUBBISH REMOVAL

The Residential Tenancies Act 1986 (RTA) requires that the landlord provide the premises to the tenant at the start of the tenancy in a reasonable state of cleanliness (s45(1)(a)), and there is an equivalent obligation on the tenant to return the premises: ...in a reasonably clean and reasonably tidy condition, and remove or arrange for the removal from the premises of all rubbish.
It is important to note that the RTA does not require the premises to be provided / returned in an immaculate condition, only in a reasonably clean and tidy state. There is no scientific way to determine what is ‘reasonably’ clean and tidy, what is required is for the Tribunal to evaluate the evidence available (particularly photographs presented), and then to determine whether the premises would be reasonably clean. Rubbish removal
The landlord states that the tenants left rubbish bags full at the end of the tenancy, as well as leaving rubbish in the garage. The landlord refers to an invoice on file from ‘Stump Craft’ for labour and tip fees totalling $392.15. This claim is supported by photographs provided.
I am satisfied that the tenants have not removed rubbish at the time the tenancy ended, the claim seems reasonable and is ordered in full. Cleaning
The landlord has claimed $1,006.25 for general cleaning at the end of the tenancy. The landlord has provided photographs, which I am satisfied show that the premises were not returned reasonably clean and tidy. The pre- tenancy photographs show a very clean and tidy premises, and at the end of the tenancy the premises were very unclean. The invoice records costs of $1,006.25 as having been incurred for cleaning the tenancy, and that claim seems reasonable.
This claim is established and is ordered in full.

COMPENSATION

With any claim for compensation, to receive an order the party must incur a loss. In short the compensation is intended as best money can do, to compensate for the actual loss incurred. Reletting costs
The landlord has claimed costs of $684.25 for reletting the tenancy, given the tenancy was terminated before the end of the fixed term period.
The tenancy ended on 31 July 2023, and was a fixed term tenancy to 18 October 2023. The tenancy therefore ended 78 days early. In percentage terms, the tenancy ended 21% of the tenancy term early. It is fair that the tenants pay that proportion of the reletting costs, being $143.69. The reason I have reduced the amount of the full reletting charges, is because at the end of the fixed term tenancy the tenants could have ended the tenancy, and the landlord would have incurred costs for reletting then. Locksmith charges
The landlord seeks Locksmith charges for changing locks, and repairing the garage door. The amount claimed is $482.59.
In relation to the lock change, that is declined. The RTA confirms that the obligation on the tenant is to return all keys at the end of the tenancy, and the landlord has accepted they did to that, so the tenant has complied with their legal obligations. I cannot see any compelling reason to depart from that usual expectation, and to find that the tenants would nevertheless be responsible for replacing the door locks.
However the other claim relates to repairs to the garage door. The landlord advised that the electric opening mechanism was broken. The landlord assumes that the tenants forced the door to open it at the end of the tenancy, after the power to the premises had been shut off.
With any claim for damage (which this would be), the landlord must establish that the damage occurred during the tenancy, and was not fair wear and tear. I accept the damage in this case occurred during the tenancy, and was not fair wear and tear. The onus then shifts to the tenant to prove that the damage was not careless or intentional damage, and they have not established that. I find that the tenants would be liable for the garage door replacement costs.
The landlord submitted that a fair split of the Locksmith work to repair the garage door would be $100.00. That seems reasonable, and that amount is ordered to be paid by the tenants. Gardening work
The landlord seeks an order of $325.00 for gardening work, stating that there was weeding needed that the end of the tenancy. Reference is made to an invoice recording that 6 ½ hours of gardening work was undertaken at a cost of $325.00. The photographs do support this claim.
I am satisfied that the gardens were not returned at the end of the tenancy reasonably tidy, therefore the tenants are liable for that cost. Carpet cleaning
The landlord claims costs of $370.00 for carpet cleaning, stating the carpets were in a poor condition at the end of the tenancy. The landlord states the carpets were cleaned when the tenants took over the tenancy. I am satisfied that it is likely that carpet cleaning was required at the end of the tenancy because the premises were not returned reasonably clean. The photographs at the end of the tenancy show extensive staining to the carpets, not there when the tenancy commenced. This claim is ordered in full. Miscellaneous costs
The landlord states that the tenants took the lightbulbs ($10.08) and smoke alarms ($14.68), which needed to be replaced. The landlord also seeks costs for the oven cleaner at $6.68. The landlord has provided an invoice from Mitre10 supporting these amounts claimed. I award those costs as I accept they relate to obligations the tenants had to the landlord, which the tenants breached.

FILING FEE

The applicant has been mostly successful in their claim before the Tribunal. I find it is reasonable therefore to award the filing fee paid to commence the proceeding in the Tribunal, which is $20.44.

NAME SUPPRESSION

The Tribunal can order name suppression when a party has been wholly or substantially successful in the proceeding. In this case landlord has been substantially successful in its claim, so name suppression for the landlord company is ordered.

Tenancy Tribunal case 4664990 — Cleanliness

At a glance

Tenancy Tribunal case 4664990 — Cleanliness

At a glance

Award balance

Claims & awards

Order

Reasons

BACKGROUND

RELEVANT LEGAL CONSIDERATIONS

CLEANING AND RUBBISH REMOVAL

COMPENSATION

FILING FEE

NAME SUPPRESSION

Topics & place

Residential Tenancies Act sections

Key findings

Frequently asked questions

Award balance

Claims & awards

Order

Reasons

BACKGROUND

RELEVANT LEGAL CONSIDERATIONS

CLEANING AND RUBBISH REMOVAL

COMPENSATION

FILING FEE

NAME SUPPRESSION

Topics & place

Residential Tenancies Act sections

Key findings

Frequently asked questions