What was the outcome of Tenancy Tribunal case 4753251?

The tribunal order states: Holly Mae Hills must pay ETB Realty Limited As Agent For Lucy Marshall

How much money was awarded in case 4753251?

Cleaning: $419.75 awarded to landlord; Filing Fee: $20.44 awarded to landlord; Property Damage: $226.50 awarded to landlord; Remediation: $2,530.00 awarded to landlord; Rent Arrears: $1,203.57 awarded to landlord; Rubbish Removal: $424.50 awarded to landlord; Skip Bin: $520.00 awarded to landlord

What type of tenancy dispute was case 4753251?

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

Where can I read the official tribunal order for case 4753251?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/9845740-Tenancy_Tribunal_Order.pdf.

What was the outcome of Tenancy Tribunal case 4753251?

The tribunal order states: Holly Mae Hills must pay ETB Realty Limited As Agent For Lucy Marshall

How much money was awarded in case 4753251?

Cleaning: $419.75 awarded to landlord; Filing Fee: $20.44 awarded to landlord; Property Damage: $226.50 awarded to landlord; Remediation: $2,530.00 awarded to landlord; Rent Arrears: $1,203.57 awarded to landlord; Rubbish Removal: $424.50 awarded to landlord; Skip Bin: $520.00 awarded to landlord

What type of tenancy dispute was case 4753251?

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

Where can I read the official tribunal order for case 4753251?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/9845740-Tenancy_Tribunal_Order.pdf.

45A Blomfield Street, Pukehangi, Rotorua 3015 Tenancy Tribunal Case 4753251 — Rent arrears

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45A Blomfield Street, Pukehangi, Rotorua 3015 Tenancy Tribunal Case 4753251 — Rent arrears | 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 4753251 — net $4,244.76 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears as at end of tenancy	$1,203.57	Rent arrears as at end of tenancy
Lock/key replacement	$226.50	Lock/key replacement
Skip bin	$520.00	Skip bin
Rubbish removal	$424.50	Rubbish removal
Remediation	$2,530.00	Remediation
Cleaning	$419.75	Cleaning
Filing fee reimbursement	$20.44	Filing fee reimbursement
Net award	$4,244.76
Total payable by Tenant to Landlord	$4,244.76

Claims and awards for application 4753251 — net $4,244.76 NZD. Verify on MoJ.

Rent arrears as at end of tenancy

Amount: $1,203.57
Awarded to: Landlord
Reason: Rent arrears as at end of tenancy

Lock/key replacement

Amount: $226.50
Awarded to: Landlord
Reason: Lock/key replacement

Skip bin

Amount: $520.00
Awarded to: Landlord
Reason: Skip bin

Rubbish removal

Amount: $424.50
Awarded to: Landlord
Reason: Rubbish removal

Remediation

Amount: $2,530.00
Awarded to: Landlord
Reason: Remediation

Claim types — money lines allowed on this order

Cleanliness Filing Fee Property damage Rent arrears Rubbish Removal

Order

Holly Mae Hills must pay ETB Realty Limited As Agent For Lucy Marshall $4,244.76 immediately, calculated as shown in table below:
The Bond Centre is to pay the bond of $1,100.00 (5681045-008) to ETB Realty Limited As Agent For Lucy Marshall immediately.

Reasons

The Tribunal must consider an application filed by the landlord. DescriptionLandlord Rent arrears as at end of tenancy$1,203.57 Lock/key replacement$226.50 Skip bin$520.00 Rubbish removal$424.50 Remediation$2,530.00 Cleaning$419.75 Filing fee reimbursement$20.44 Total award$5,344.76 Minus bond-$1,100.00 Total payable by Tenant to Landlord$4,244.76
Only the landlord appeared at the hearing. I am satisfied that the tenant has been property notified of the hearing, and therefore I will proceed to consider the claim in her absence.

BACKGROUND

The tenancy commenced on 2 February 2023, the sole tenant is Holly-Mae Hills. The tenancy was previously terminated by order of the Tribunal. The landlord has filed a further application seeking compensation for damage and cleaning costs at the end of the tenancy.

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.

RENT ARREARS

The landlord has applied for an order that the tenant pay rent arrears of $1,203.57.
The landlord has provided the Tribunal with a rent ledger. I have no reason to consider that record to be incorrect.
The landlord has established that the tenant is in arrears at the end of the tenancy to the amount claimed, and that is ordered in full.

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.
In this case the landlord has provided photographs which show that there was extensive rubbish and goods left in the premises both inside and out. The premises were very dirty.
The landlord has claimed for a skip bin for the removal of rubbish. The invoiced amount is $520.00. Associated with the rubbish removal cost is the charge to a contractor to load the bin, and deal with green waste. This invoiced amount is $424.50.
The landlord has also claimed general cleaning costs of $419.75, again with reference to the invoice from the cleaners.
These claims are reasonable, and arise from the tenants breach. These claims are 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.
Where a landlord claims compensation for damage caused by a tenant, the landlord must firstly prove the damage 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.
Where the damage is caused carelessly, the tenant's liability is limited to the lesser of the insurance excess or four weeks' rent.
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.
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 the High Court decision of Guo v Korck [2019] NZHC 1541.
The landlord has claimed repair costs to the premises of $2,530.00, with reference to the handyman charges. The landlord states that other tradesman quoted for the work, and those quotes were about twice that amount the handyman has charged.
This claim has been established. The photographs show widespread damage to the interior of the premises, including extensive damage to walls. The amount claims is reasonable for the work that would have been needed to remediate the premises. The damage is well beyond the level of fair wear and tear. The tenant has not proven the damage was anything other than careless or intentional damage. This claim is ordered in full.

LOCK AND KEY REPLACEMENT

The landlord has claimed compensation for lock and key replacement. Section 40 of the RTA sets out the tenants responsibilities, and that includes that at the end of the tenancy the tenant must “return to the landlord all keys, and security or pass cards or other such devices, provided by the landlord for use of the tenant”.
The tenant did not return the keys and some locks had been broken. The landlord seeks compensation for the locksmith work to replace and repair locks. The invoice is $226.50. This claim is established and is ordered in full.

FILING FEE

Because the applicant has been wholly successful in their application, I must award the filing paid to commence the proceeding in the Tribunal, which is $20.44.

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 4753251 — net $4,244.76 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears as at end of tenancy	$1,203.57	Rent arrears as at end of tenancy
Lock/key replacement	$226.50	Lock/key replacement
Skip bin	$520.00	Skip bin
Rubbish removal	$424.50	Rubbish removal
Remediation	$2,530.00	Remediation
Cleaning	$419.75	Cleaning
Filing fee reimbursement	$20.44	Filing fee reimbursement
Net award	$4,244.76
Total payable by Tenant to Landlord	$4,244.76

Claims and awards for application 4753251 — net $4,244.76 NZD. Verify on MoJ.

Rent arrears as at end of tenancy

Amount: $1,203.57
Awarded to: Landlord
Reason: Rent arrears as at end of tenancy

Lock/key replacement

Amount: $226.50
Awarded to: Landlord
Reason: Lock/key replacement

Skip bin

Amount: $520.00
Awarded to: Landlord
Reason: Skip bin

Rubbish removal

Amount: $424.50
Awarded to: Landlord
Reason: Rubbish removal

Remediation

Amount: $2,530.00
Awarded to: Landlord
Reason: Remediation

Claim types — money lines allowed on this order

Cleanliness Filing Fee Property damage Rent arrears Rubbish Removal

Order

Holly Mae Hills must pay ETB Realty Limited As Agent For Lucy Marshall $4,244.76 immediately, calculated as shown in table below:
The Bond Centre is to pay the bond of $1,100.00 (5681045-008) to ETB Realty Limited As Agent For Lucy Marshall immediately.

Reasons

The Tribunal must consider an application filed by the landlord. DescriptionLandlord Rent arrears as at end of tenancy$1,203.57 Lock/key replacement$226.50 Skip bin$520.00 Rubbish removal$424.50 Remediation$2,530.00 Cleaning$419.75 Filing fee reimbursement$20.44 Total award$5,344.76 Minus bond-$1,100.00 Total payable by Tenant to Landlord$4,244.76
Only the landlord appeared at the hearing. I am satisfied that the tenant has been property notified of the hearing, and therefore I will proceed to consider the claim in her absence.

BACKGROUND

The tenancy commenced on 2 February 2023, the sole tenant is Holly-Mae Hills. The tenancy was previously terminated by order of the Tribunal. The landlord has filed a further application seeking compensation for damage and cleaning costs at the end of the tenancy.

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.

RENT ARREARS

The landlord has applied for an order that the tenant pay rent arrears of $1,203.57.
The landlord has provided the Tribunal with a rent ledger. I have no reason to consider that record to be incorrect.
The landlord has established that the tenant is in arrears at the end of the tenancy to the amount claimed, and that is ordered in full.

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.
In this case the landlord has provided photographs which show that there was extensive rubbish and goods left in the premises both inside and out. The premises were very dirty.
The landlord has claimed for a skip bin for the removal of rubbish. The invoiced amount is $520.00. Associated with the rubbish removal cost is the charge to a contractor to load the bin, and deal with green waste. This invoiced amount is $424.50.
The landlord has also claimed general cleaning costs of $419.75, again with reference to the invoice from the cleaners.
These claims are reasonable, and arise from the tenants breach. These claims are 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.
Where a landlord claims compensation for damage caused by a tenant, the landlord must firstly prove the damage 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.
Where the damage is caused carelessly, the tenant's liability is limited to the lesser of the insurance excess or four weeks' rent.
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.
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 the High Court decision of Guo v Korck [2019] NZHC 1541.
The landlord has claimed repair costs to the premises of $2,530.00, with reference to the handyman charges. The landlord states that other tradesman quoted for the work, and those quotes were about twice that amount the handyman has charged.
This claim has been established. The photographs show widespread damage to the interior of the premises, including extensive damage to walls. The amount claims is reasonable for the work that would have been needed to remediate the premises. The damage is well beyond the level of fair wear and tear. The tenant has not proven the damage was anything other than careless or intentional damage. This claim is ordered in full.

LOCK AND KEY REPLACEMENT

The landlord has claimed compensation for lock and key replacement. Section 40 of the RTA sets out the tenants responsibilities, and that includes that at the end of the tenancy the tenant must “return to the landlord all keys, and security or pass cards or other such devices, provided by the landlord for use of the tenant”.
The tenant did not return the keys and some locks had been broken. The landlord seeks compensation for the locksmith work to replace and repair locks. The invoice is $226.50. This claim is established and is ordered in full.

FILING FEE

Because the applicant has been wholly successful in their application, I must award the filing paid to commence the proceeding in the Tribunal, which is $20.44.

Tenancy Tribunal case 4753251 — Rent arrears at 45A Blomfield Street, Pukehangi, Rotorua 3015

At a glance

Tenancy Tribunal case 4753251 — Rent arrears at 45A Blomfield Street, Pukehangi, Rotorua 3015

At a glance

Award balance

Claims & awards

Order

Reasons

BACKGROUND

RELEVANT LEGAL CONSIDERATIONS

RENT ARREARS

CLEANING AND RUBBISH REMOVAL

COMPENSATION

LOCK AND KEY REPLACEMENT

FILING FEE

Topics & place

Residential Tenancies Act sections

Key findings

Property management

Frequently asked questions

Award balance

Claims & awards

Order

Reasons

BACKGROUND

RELEVANT LEGAL CONSIDERATIONS

RENT ARREARS

CLEANING AND RUBBISH REMOVAL

COMPENSATION

LOCK AND KEY REPLACEMENT

FILING FEE

Topics & place

Residential Tenancies Act sections

Key findings

Property management

Frequently asked questions