What was Tenancy Tribunal case 4683429 about?

The tribunal order states: 2. The tenant’s application is dismissed.

How much money was awarded in case 4683429?

Cleaning: $1,903.25 awarded to landlord; Filing Fee: $20.44 awarded to landlord; Lawns and Garden Work: $500.00 awarded to landlord; Property Damage: $400.00 awarded to landlord; Rent Arrears: $1,620.00 awarded to landlord; Bathroom Vanity: $161.54 awarded to landlord; Downpipe: $50.00 awarded to landlord; Two Doors: $300.00 awarded to landlord; Rubbish Removal: $186.12 awarded to landlord

What type of tenancy dispute was case 4683429?

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

Where can I read the official tribunal order for case 4683429?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/9575890-Tribunal_Order_Redacted.pdf.

What was Tenancy Tribunal case 4683429 about?

The tribunal order states: 2. The tenant’s application is dismissed.

How much money was awarded in case 4683429?

Cleaning: $1,903.25 awarded to landlord; Filing Fee: $20.44 awarded to landlord; Lawns and Garden Work: $500.00 awarded to landlord; Property Damage: $400.00 awarded to landlord; Rent Arrears: $1,620.00 awarded to landlord; Bathroom Vanity: $161.54 awarded to landlord; Downpipe: $50.00 awarded to landlord; Two Doors: $300.00 awarded to landlord; Rubbish Removal: $186.12 awarded to landlord

What type of tenancy dispute was case 4683429?

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

Where can I read the official tribunal order for case 4683429?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/9575890-Tribunal_Order_Redacted.pdf.

44 Raumanga Valley Road, Raumanga, Whangarei 0110 Tenancy Tribunal Case 4683429 — Cleanliness

Reasons

Claims and awards in Tenancy Tribunal application 4683429 — net $5,141.35 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears	$1,620.00	Rent arrears
Repairs: Downpipe	$50.00	Repairs: Downpipe
Repairs: Bathroom vanity	$161.54	Repairs: Bathroom vanity
Lawns and garden work	$500.00	Lawns and garden work
Window repairs	$400.00	Window repairs
Repairs: Two doors	$300.00	Repairs: Two doors
Cleaning	$1,903.25	Cleaning
Rubbish removal	$186.12	Rubbish removal
Filing fee reimbursement	$20.44	Filing fee reimbursement
Net award	$5,141.35
Total payable by Tenant to Landlord	$5,141.35

Both parties attended the hearing.

The tenant, Ms Lawson, has applied for damages due to breaches of the Residential Tenancies (Healthy Homes Standards) Regulations 2019.

The landlord has applied for rent arrears, compensation, refund of the bond, and reimbursement of the filing fee following the end of the tenancy. The tenant’s application.

Ms Lawson claimed that the property in question was not compliant with the Healthy Homes Standards legislation in that: a. Mould was present in the bedrooms; and b. The toilet window was a louvre design that did not shut and as such caused drafts in the house; and c. There were no extractor fans in the kitchen or bathroom; and d. The insulation in the ceiling was old; and e. Heavy rain caused water to pool on the driveway.

Putting aside the merits of each of these claims, the Residential Tenancies (Healthy Homes Standards) Regulations 2019 has a compliance date of 1 July 2025 for tenancies which began prior to 1 July 2021 and which have not been varied since. This tenancy was signed on 22 July 2015 and the terms of the tenancy have remained unchanged since. As such the landlord is not in breach of his obligations under the Healthy Homes Standards legislation, and the tenant’s application is dismissed accordingly.

How much is owed for rent?

Ms Lawson gave notice to end the tenancy on 1 August 2023. Her notice stated that she would be ending the tenancy on 15 August 2023. Twenty-eight days’ notice is the minimum notice requirement from a tenant, and this means the tenancy could not end without the landlord’s consent before 29 August 2023.

The landlord provided rent records which prove rent was paid until 2 August 2023. The amount of rent arrears is therefore $1620.00.

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 did not leave the premises reasonably clean and tidy and did not remove all rubbish. The landlord provided photos that showed the house was left in a very dirty state throughout, with a considerable amount of rubbish left inside and outside the house and with the lawns very overgrown.

Invoices for cleaning and rubbish removal were provided, and a quote for lawns and gardens was provided, not all of which is the responsibility of the tenant.

The amounts ordered for cleaning, rubbish removal and lawns 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.

The following damage was caused during the tenancy: a. Damage to an exterior downpipe. b. Two broken windows and several broken glass louvres. c. Damage to a bathroom vanity that is beyond repair. d. Damage to two interior doors.

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.

The landlord’s claims for curtains and redecorating, and for “damage” to the kitchen cupboards are dismissed as given the condition the property at the beginning of the tenancy, and the length of the tenancy, the landlord could reasonably expect to redecorate at the end of this tenancy in any case.

The landlord’s application for a new stove is dismissed as on the evidence presented, the existing stove despite being dirty, was completely serviceable.

Because [The landlord/s] has substantially succeeded with the claim I have reimbursed the filing fee.

Claims and awards in Tenancy Tribunal application 4683429 — net $5,141.35 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears	$1,620.00	Rent arrears
Repairs: Downpipe	$50.00	Repairs: Downpipe
Repairs: Bathroom vanity	$161.54	Repairs: Bathroom vanity
Lawns and garden work	$500.00	Lawns and garden work
Window repairs	$400.00	Window repairs
Repairs: Two doors	$300.00	Repairs: Two doors
Cleaning	$1,903.25	Cleaning
Rubbish removal	$186.12	Rubbish removal
Filing fee reimbursement	$20.44	Filing fee reimbursement
Net award	$5,141.35
Total payable by Tenant to Landlord	$5,141.35

Order

The tenant’s application is dismissed.

Reasons

Both parties attended the hearing.
The tenant, Ms Lawson, has applied for damages due to breaches of the Residential Tenancies (Healthy Homes Standards) Regulations 2019.
The landlord has applied for rent arrears, compensation, refund of the bond, and reimbursement of the filing fee following the end of the tenancy. The tenant’s application.
Ms Lawson claimed that the property in question was not compliant with the Healthy Homes Standards legislation in that: a. Mould was present in the bedrooms; and b. The toilet window was a louvre design that did not shut and as such caused drafts in the house; and c. There were no extractor fans in the kitchen or bathroom; and d. The insulation in the ceiling was old; and e. Heavy rain caused water to pool on the driveway.
Putting aside the merits of each of these claims, the Residential Tenancies (Healthy Homes Standards) Regulations 2019 has a compliance date of 1 July 2025 for tenancies which began prior to 1 July 2021 and which have not been varied since. This tenancy was signed on 22 July 2015 and the terms of the tenancy have remained unchanged since. As such the landlord is not in breach of his obligations under the Healthy Homes Standards legislation, and the tenant’s application is dismissed accordingly.

How much is owed for rent?

Ms Lawson gave notice to end the tenancy on 1 August 2023. Her notice stated that she would be ending the tenancy on 15 August 2023. Twenty-eight days’ notice is the minimum notice requirement from a tenant, and this means the tenancy could not end without the landlord’s consent before 29 August 2023.
The landlord provided rent records which prove rent was paid until 2 August 2023. The amount of rent arrears is therefore $1620.00.

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 did not leave the premises reasonably clean and tidy and did not remove all rubbish. The landlord provided photos that showed the house was left in a very dirty state throughout, with a considerable amount of rubbish left inside and outside the house and with the lawns very overgrown.
Invoices for cleaning and rubbish removal were provided, and a quote for lawns and gardens was provided, not all of which is the responsibility of the tenant.
The amounts ordered for cleaning, rubbish removal and lawns 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.
The following damage was caused during the tenancy: a. Damage to an exterior downpipe. b. Two broken windows and several broken glass louvres. c. Damage to a bathroom vanity that is beyond repair. d. Damage to two interior doors.
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.
The landlord’s claims for curtains and redecorating, and for “damage” to the kitchen cupboards are dismissed as given the condition the property at the beginning of the tenancy, and the length of the tenancy, the landlord could reasonably expect to redecorate at the end of this tenancy in any case.
The landlord’s application for a new stove is dismissed as on the evidence presented, the existing stove despite being dirty, was completely serviceable.
Because [The landlord/s] has substantially succeeded with the claim I have reimbursed the filing fee.

Tenancy Tribunal case 4683429 — Cleanliness at 44 Raumanga Valley Road, Raumanga, Whangarei 0110

At a glance

Tenancy Tribunal case 4683429 — Cleanliness at 44 Raumanga Valley Road, Raumanga, Whangarei 0110

At a glance

Award balance

Claims & awards

Dismissed claims

Order

Reasons

How much is owed for rent?

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

Dismissed claims

Order

Reasons

How much is owed for rent?

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