What was Tenancy Tribunal case 4730290 about?

The tribunal order states: [The tenant/s] must pay [The landlord/s] $7,299.70 immediately, calculated as

How much money was awarded in case 4730290?

Individual award amounts are in the official MoJ PDF. Claim amounts appear on this page when claims and net totals reconcile.

What type of tenancy dispute was case 4730290?

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

Where can I read the official tribunal order for case 4730290?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/9847314-Tribunal_Order_Redacted.pdf.

What was Tenancy Tribunal case 4730290 about?

The tribunal order states: [The tenant/s] must pay [The landlord/s] $7,299.70 immediately, calculated as

How much money was awarded in case 4730290?

Individual award amounts are in the official MoJ PDF. Claim amounts appear on this page when claims and net totals reconcile.

What type of tenancy dispute was case 4730290?

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

Where can I read the official tribunal order for case 4730290?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/9847314-Tribunal_Order_Redacted.pdf.

New Zealand Tenancy Tribunal Case 4730290 — Cleanliness

Order

[The tenant/s] must pay [The landlord/s] $7,299.70 immediately, calculated as shown in table below.
The Bond Centre is to pay the proceeds of sale of goods of $1,255.00 ([Bond number suppressed]) to [The landlord/s] immediately.

Reasons

The landlord attended the hearing. The tenant did not appear.
The landlord has applied for rent arrears and water rates, compensation, refund of the monies held with the bond for disposal of goods, and reimbursement of the filing fee following the end of the tenancy.

How much is owed for rent and water rates?

The tenancy ended on 23 August 2023 by previous order of the Tribunal and the tenant continued to occupy until eviction on 4 September 2023. The landlord provided rent records and water rates invoice which prove the amount owing at the end of the tenancy.
I make no award for the $200.00 enforcement costs claimed as this is recoverable as part of the enforcement process.

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 is required to replace worn out smoke alarm batteries during the tenancy. See section 40(1)(ca) Residential Tenancies Act 1986. The tenant must also replace standard light bulbs.
The tenant did not leave the premises reasonably clean and tidy, and did not remove all rubbish. The landlord had to spend a considerable amount of time cleaning and clearing out all of the tenant’s belongings into the garage. The landlord claimed $60.00 per hour for 54 hours work but I consider $40.00 per hour to be fair and reasonable compensation in these circumstances. I therefore award $2160.00 for the work involved and $3.95 for the rubbish tag claimed. I award $225.00 for carpet cleaning due to the 2 cats living at the premises in breach of the tenancy agreement, and $691.00 for blinds cleaning as the photographs show they were not left in a reasonable state. I also award $50.00 for lawn mowing.
The landlord also made a claim for 62.5 hours (at $60.00 per hour) for sorting, and disposal of the tenant’s goods; including listing some items on Trade Me. As above, while I appreciate this would have taken considerable time and effort, I consider $40.00 per hour to be appropriate. I make an award of $2,500.00 for the labour costs; $113.61 for the Trade Me ads, $15.73 for a receipt book, and $378.00 for a skip bin.
The locks had to be changed due to the eviction, so I make an award for $396.75 for replacement locks/keys.
I do not make any award for the heat lamp bulb as this is not a standard light bulb.
The amounts ordered 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 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: some minor marks on walls, damage to doors, and the toilet seat was damaged. While I find that some of the damage is more than fair wear and tear, I also find no evidence of any intentional damage. I award the insurance excess of $550.00 for the walls/doors and $316.25 for the replacement toilet seat. Disposal of goods – proceeds of sale
The landlord followed the statutory procedure for disposal of goods left at the premises at the end of the tenancy. As the tenant failed to collect some goods, the landlord sold items on Trade Me and lodged $1,255.00 with the Bond Centre.
I make an order that the Bond Centre must now release the sale proceeds to the landlord. Filing fee
As the landlord has substantially succeeded with the claim, the tenant must reimburse the filing fee. Name suppression
The landlord has requested that both parties’ names are suppressed. I exercise my discretion and make an order accordingly.

Tenancy Tribunal case 4730290 — Cleanliness

Tenancy Tribunal case 4730290 — Cleanliness

Order

Reasons

How much is owed for rent and water rates?

Did the tenant comply with their obligations at the end of the tenancy?

Is the tenant responsible for the damage to the premises?

Order

Reasons

How much is owed for rent and water rates?

Did the tenant comply with their obligations at the end of the tenancy?

Is the tenant responsible for the damage to the premises?