What was Tenancy Tribunal case 4704212 about?

The tribunal order states: Shannon Pamela Maru must pay [The landlord/s] $5,610.91 immediately,

How much money was awarded in case 4704212?

Cleaning: $85.00 awarded to landlord; Filing Fee: $20.44 awarded to landlord; Property Damage: $327.59 awarded to landlord; Property Damage: $259.00 awarded to landlord; Rent Arrears: $4,575.00 awarded to landlord; Replace Clothesline: $160.88 awarded to landlord; Walls and Doors: $1,078.00 awarded to landlord; Rubbish Removal: $500.00 awarded to landlord

What type of tenancy dispute was case 4704212?

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

Where can I read the official tribunal order for case 4704212?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/10122429-Tribunal_Order_Redacted.pdf.

What was Tenancy Tribunal case 4704212 about?

The tribunal order states: Shannon Pamela Maru must pay [The landlord/s] $5,610.91 immediately,

How much money was awarded in case 4704212?

Cleaning: $85.00 awarded to landlord; Filing Fee: $20.44 awarded to landlord; Property Damage: $327.59 awarded to landlord; Property Damage: $259.00 awarded to landlord; Rent Arrears: $4,575.00 awarded to landlord; Replace Clothesline: $160.88 awarded to landlord; Walls and Doors: $1,078.00 awarded to landlord; Rubbish Removal: $500.00 awarded to landlord

What type of tenancy dispute was case 4704212?

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

Where can I read the official tribunal order for case 4704212?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/10122429-Tribunal_Order_Redacted.pdf.

New Zealand Tenancy Tribunal Case 4704212 — Rent arrears

Claims and awards in Tenancy Tribunal application 4704212 — net $5,610.91 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears to 31 August 2023	$4,575.00	Rent arrears to 31 August 2023
Oven/stove cleaning	$85.00	Oven/stove cleaning
Rubbish removal: dump fees and labour	$500.00	Rubbish removal: dump fees and labour
Repairs: walls and doors	$1,078.00	Repairs: walls and doors
Window repairs	$327.59	Window repairs
Repairs: replace clothesline	$160.88	Repairs: replace clothesline
Lock/key replacement	$259.00	Lock/key replacement
Filing fee reimbursement	$20.44	Filing fee reimbursement
Net award	$5,610.91
Total payable by Tenant to Landlord	$5,610.91

Order

Shannon Pamela Maru must pay [The landlord/s] $5,610.91 immediately, calculated as shown in table below.

Reasons

The landlord appeared. There was no appearance by the tenant.
The tenancy commenced on 12 February 2021, and ended on 31 August 2023. On 05 October 2023, the landlord filed a claim. On 22 January 2024, there was a Case Management Conference to confirm the claims and make necessary directions.
The landlord’s claims are that the tenant: (i)Owes rent arrears, (ii)Has failed to leave the property, including the gardens and lawns, in a reasonably clean and tidy condition, and has failed to remove all rubbish, (iii)Is responsible for damage to walls and doors and chattels, (iv)Has failed to return the keys.
The landlord is claiming rent arrears to 31 August 2023, $529.00 for general cleaner completed by a contractor, $85.00 to clean the oven , a total 0f $1,078.00 to repairs walls and doors, $259.00 to have the locks re keyed , $160.88 to replace the clothesline , $327.59 to repair a broken window , 147.10 dump fees and $950.00 ( at the rate of $25.00 per hour) for their own time spent removing rubbish , maintaining the lawns and gardens, and general cleaning over and above that undertaken by the contractor.
The onus of proving these claims rests with the landlord. The standard required is on the balance of probabilities. The landlord must establish more likely than not that the tenant has breached the terms of the agreement or provisions of the Residential Tenancies Act 1986 (The “Act”). Rent arrears.
The landlord provided rent records which prove the amount owing at the end of the tenancy. Cleaning, rubbish removal, garden, and lawn maintenance
The landlord has produced 17 photographs of the property taken at the end of the tenancy. The landlord has also given oral evidence as to the state of the property’s uncleanliness. There are no photographs showing the property at the commencement of the tenancy. A pre tenancy checklist was produced although it does not reference the property’s cleanliness.
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)(ii)-(v) of the Act.
Reasonably clean and tidy is not defined in the Act. The standard is based on what an average bystander would consider reasonable, not on the subjective opinions of the landlord and tenant. In determining what is reasonably clean and tidy the Tribunal must evaluate the evidence produced. The best evidence are photographs from which the Tribunal can make an objective assessment.
Of the photographs produced, only three prove the property’s state of uncleanliness, one of a windowsill, which the landlord states are indicative of all condition of all windowsills, and two of the oven, one showing the warming drawer, and the other inside the oven. While there is sufficient evidence to satisfy the Tribunal that the oven was not left reasonably clean and tidy, there is insufficient to prove the balance of the amount sought for general cleaning. Essentially, the Tribunal is being asked to make a determination that the tenant has failed to meet their obligations based on the three close up photographs and the oral evidence of the landlord. In my opinion, this is insufficient on which to conduct a proper objective assessment.
Based on the evidence, I award the landlord $85.00 to clean the oven. The balance of the claim for general cleaning, which includes the contractor’s invoice and the landlord’s own time, is declined.
Regarding the rubbish removal, there is better evidence. I am satisfied that the tenant has failed to remove all rubbish. I award the dump fees and a portion of the labour claimed. The Tribunal awards the dump fees of $147.10, and 14 hours labour at the rate of $25.00 per hour, a total of $500.00.
There is only the one photograph of a small garden area. Once again, the landlord submits that it is indicative of the condition of the gardens and lawns. This is insufficient evidence, and the claim for garden and lawn maintenance is declined.
The pre tenancy checklist shows that the tenant was provided with 2 house keys and 1 garage key. The tenant returned the one house key. The amount claimed to have the locks re key and new keys cut is awarded.

Is the tenant responsible for the damage to the premises?

The landlord has produced photographs showing holes in walls, totalling seven. The landlord has also produced photographs showing a door, one of two the landlrod claims were replaced during the tenancy without their knowledge. The landlord states that both had been rehung the wrong way round and without their proper door handles. Additionally, the landlord has produced a photograph of a window in the lounge, taped up, and a photograph of a damaged clothesline, installed three months prior to the commenced of the tenancy.
The pre tenancy checklist, signed by both parties does not record any pre- existing damage. The landlord has produced an invoice showing that the inside of the house had been refurbishment shortly before the commencement of the tenancy.
To succeed with a claim for damage the landlord must prove that damage 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 of the Act.
In awarding compensation for damage, the Tribunal must also consider 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, the Tribunal must consider the age and condition of the items concerned at the start of the tenancy and their likely useful lifespan.
Based on the evidence I am satisfied that the following damage was caused during the tenancy: holes in walls, altered doors, broken window in lounge, and clothesline. The damage is more than fair wear and tear, and the tenant has not disproved liability for the damage.
The amounts claimed to repair the damage, $1,078.00 which includes plastering, sanding, and repainting, replacing the door handles, and installing the clothesline, $160.88 to replace the clothesline, and $327.59 to repair the damaged window, are reasonable. I make no deduction for betterment or depreciation. The property had been refurbished shortly before the tenancy commenced and was undamaged, the clothesline was near new, and repairs were completed on the damaged areas only. Costs
As [The applicant/s] have substantially succeeded with the claim I have reimbursed the filing fee. Name suppression
The landlord seeks name suppression. Section 95A of the Act provides that on the application of a party that has been wholly or substantially successful in proceedings, the Tribunal must order that the name or identifying particulars not be published, unless the Tribunal considers that it is in the public interest to publish the names of the parties, or is justified because of the parties’ conduct, or any other circumstances of the case.
The landlord has been substantially successful and is granted name suppression.

Claims and awards in Tenancy Tribunal application 4704212 — net $5,610.91 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears to 31 August 2023	$4,575.00	Rent arrears to 31 August 2023
Oven/stove cleaning	$85.00	Oven/stove cleaning
Rubbish removal: dump fees and labour	$500.00	Rubbish removal: dump fees and labour
Repairs: walls and doors	$1,078.00	Repairs: walls and doors
Window repairs	$327.59	Window repairs
Repairs: replace clothesline	$160.88	Repairs: replace clothesline
Lock/key replacement	$259.00	Lock/key replacement
Filing fee reimbursement	$20.44	Filing fee reimbursement
Net award	$5,610.91
Total payable by Tenant to Landlord	$5,610.91

Order

Shannon Pamela Maru must pay [The landlord/s] $5,610.91 immediately, calculated as shown in table below.

Reasons

The landlord appeared. There was no appearance by the tenant.
The tenancy commenced on 12 February 2021, and ended on 31 August 2023. On 05 October 2023, the landlord filed a claim. On 22 January 2024, there was a Case Management Conference to confirm the claims and make necessary directions.
The landlord’s claims are that the tenant: (i)Owes rent arrears, (ii)Has failed to leave the property, including the gardens and lawns, in a reasonably clean and tidy condition, and has failed to remove all rubbish, (iii)Is responsible for damage to walls and doors and chattels, (iv)Has failed to return the keys.
The landlord is claiming rent arrears to 31 August 2023, $529.00 for general cleaner completed by a contractor, $85.00 to clean the oven , a total 0f $1,078.00 to repairs walls and doors, $259.00 to have the locks re keyed , $160.88 to replace the clothesline , $327.59 to repair a broken window , 147.10 dump fees and $950.00 ( at the rate of $25.00 per hour) for their own time spent removing rubbish , maintaining the lawns and gardens, and general cleaning over and above that undertaken by the contractor.
The onus of proving these claims rests with the landlord. The standard required is on the balance of probabilities. The landlord must establish more likely than not that the tenant has breached the terms of the agreement or provisions of the Residential Tenancies Act 1986 (The “Act”). Rent arrears.
The landlord provided rent records which prove the amount owing at the end of the tenancy. Cleaning, rubbish removal, garden, and lawn maintenance
The landlord has produced 17 photographs of the property taken at the end of the tenancy. The landlord has also given oral evidence as to the state of the property’s uncleanliness. There are no photographs showing the property at the commencement of the tenancy. A pre tenancy checklist was produced although it does not reference the property’s cleanliness.
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)(ii)-(v) of the Act.
Reasonably clean and tidy is not defined in the Act. The standard is based on what an average bystander would consider reasonable, not on the subjective opinions of the landlord and tenant. In determining what is reasonably clean and tidy the Tribunal must evaluate the evidence produced. The best evidence are photographs from which the Tribunal can make an objective assessment.
Of the photographs produced, only three prove the property’s state of uncleanliness, one of a windowsill, which the landlord states are indicative of all condition of all windowsills, and two of the oven, one showing the warming drawer, and the other inside the oven. While there is sufficient evidence to satisfy the Tribunal that the oven was not left reasonably clean and tidy, there is insufficient to prove the balance of the amount sought for general cleaning. Essentially, the Tribunal is being asked to make a determination that the tenant has failed to meet their obligations based on the three close up photographs and the oral evidence of the landlord. In my opinion, this is insufficient on which to conduct a proper objective assessment.
Based on the evidence, I award the landlord $85.00 to clean the oven. The balance of the claim for general cleaning, which includes the contractor’s invoice and the landlord’s own time, is declined.
Regarding the rubbish removal, there is better evidence. I am satisfied that the tenant has failed to remove all rubbish. I award the dump fees and a portion of the labour claimed. The Tribunal awards the dump fees of $147.10, and 14 hours labour at the rate of $25.00 per hour, a total of $500.00.
There is only the one photograph of a small garden area. Once again, the landlord submits that it is indicative of the condition of the gardens and lawns. This is insufficient evidence, and the claim for garden and lawn maintenance is declined.
The pre tenancy checklist shows that the tenant was provided with 2 house keys and 1 garage key. The tenant returned the one house key. The amount claimed to have the locks re key and new keys cut is awarded.

Is the tenant responsible for the damage to the premises?

The landlord has produced photographs showing holes in walls, totalling seven. The landlord has also produced photographs showing a door, one of two the landlrod claims were replaced during the tenancy without their knowledge. The landlord states that both had been rehung the wrong way round and without their proper door handles. Additionally, the landlord has produced a photograph of a window in the lounge, taped up, and a photograph of a damaged clothesline, installed three months prior to the commenced of the tenancy.
The pre tenancy checklist, signed by both parties does not record any pre- existing damage. The landlord has produced an invoice showing that the inside of the house had been refurbishment shortly before the commencement of the tenancy.
To succeed with a claim for damage the landlord must prove that damage 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 of the Act.
In awarding compensation for damage, the Tribunal must also consider 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, the Tribunal must consider the age and condition of the items concerned at the start of the tenancy and their likely useful lifespan.
Based on the evidence I am satisfied that the following damage was caused during the tenancy: holes in walls, altered doors, broken window in lounge, and clothesline. The damage is more than fair wear and tear, and the tenant has not disproved liability for the damage.
The amounts claimed to repair the damage, $1,078.00 which includes plastering, sanding, and repainting, replacing the door handles, and installing the clothesline, $160.88 to replace the clothesline, and $327.59 to repair the damaged window, are reasonable. I make no deduction for betterment or depreciation. The property had been refurbished shortly before the tenancy commenced and was undamaged, the clothesline was near new, and repairs were completed on the damaged areas only. Costs
As [The applicant/s] have substantially succeeded with the claim I have reimbursed the filing fee. Name suppression
The landlord seeks name suppression. Section 95A of the Act provides that on the application of a party that has been wholly or substantially successful in proceedings, the Tribunal must order that the name or identifying particulars not be published, unless the Tribunal considers that it is in the public interest to publish the names of the parties, or is justified because of the parties’ conduct, or any other circumstances of the case.
The landlord has been substantially successful and is granted name suppression.

Tenancy Tribunal case 4704212 — Rent arrears

At a glance

Tenancy Tribunal case 4704212 — Rent arrears

At a glance

Award balance

Claims & awards

Order

Reasons

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

Is the tenant responsible for the damage to the premises?

Topics & place

Residential Tenancies Act sections

Key findings

Frequently asked questions