How much money was awarded in case 4753409?

Cleaning: $228.85 awarded to landlord; Cleaning: $625.00 awarded to landlord; Filing Fee: $20.44 awarded to landlord; Painting Walls For Marks And Deconta…: $650.00 awarded to landlord; Rent Arrears: $554.29 awarded to landlord

What type of tenancy dispute was case 4753409?

The primary dispute was Cleanliness. Related themes: Rent arrears.

Where can I read the official tribunal order for case 4753409?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/10659869-Tenancy_Tribunal_Order.pdf.

How much money was awarded in case 4753409?

Cleaning: $228.85 awarded to landlord; Cleaning: $625.00 awarded to landlord; Filing Fee: $20.44 awarded to landlord; Painting Walls For Marks And Deconta…: $650.00 awarded to landlord; Rent Arrears: $554.29 awarded to landlord

What type of tenancy dispute was case 4753409?

The primary dispute was Cleanliness. Related themes: Rent arrears.

Where can I read the official tribunal order for case 4753409?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/10659869-Tenancy_Tribunal_Order.pdf.

Room STUDIO, Unit/Flat 102, 26 Shortfin Place, Flat Bush, Tenancy Tribunal Case 4753409 — Cleanliness

Q: What was the outcome of Tenancy Tribunal case 4753409?

The tribunal order states: Lakaya Walsh must pay Inspire Real Estate Limited as Agent for Olivia Lavine

Order

Claims and awards in Tenancy Tribunal application 4753409 — net $138.58 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears	$554.29	Rent arrears
Filing fee reimbursement	$20.44	Filing fee reimbursement
Cleaning: for decontamination	$625.00	Cleaning: for decontamination
Painting walls for marks and decontamination	$650.00	Painting walls for marks and decontamination
Meth testing/Cleaning	$228.85	Meth testing/Cleaning
Net award	$138.58
Total payable by Tenant to Landlord	$138.58

Lakaya Walsh must pay Inspire Real Estate Limited as Agent for Olivia Lavine Naidoo $138.58 immediately for rent arrears, cleaning, painting, reimbursement of filing fee and methamphetamine (“meth”) testing, as calculated and shown in table below. DescriptionLandlord Rent arrears$554.29 Filing fee reimbursement$20.44 Cleaning: for decontamination$625.00 Painting walls for marks and decontamination$650.00 Meth testing/Cleaning$228.85 Total award$2,078.58 Minus bond -$1940.00 Total payable by Tenant to Landlord$138.58

The bond centre is to refund Lakaya Walsh’s bond of $1940.00 to Inspire Real Estate Limited as Agent for Olivia Lavine Naidoo immediately.

Reasons

The landlord attended the hearing, the tenant did not attend.

I checked and the tenant was served with the Notice of Hearing, therefore I am proceeding with the hearing in her absence.

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

This was a 12- month fixed term tenancy, which commenced on 3 March 2023. During a routine testing for meth, the landlord was advised that the property was contaminated. The overall level was 2.4ug for meth, with the recommended guideline to be 1.5ug.

The landlord is seeking to claim the cost of the meth testing and has provided an invoice for $228.85 for the cost of the testing. As the results were positive for meth, the tenant should pay the cost of the test.

I am satisfied that the landlord has proven their claim for $228.85 for the cost of the meth test.

This was a new property, and the tenant was the first person to occupy the property. Despite being a new build property, the landlord had a meth test done before the tenancy commenced. The results of the pre let meth test were that the property was negative for any meth or related drugs.

After the tenant was advised that the property had been found contaminated with meth, she left the property without notice.

How much is owed for rent?

The tenancy ended on 27 October 2023. The landlord provided rent records which prove the amount of $554.29 owing at the end of the tenancy.

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 leave the premises reasonably clean and tidy but did not remove all rubbish.

While the property on the face of it looked reasonable clean, the property had to have a full intense deep clean with professional cleaners use to dealing with contaminated properties.

The landlord provided an invoice from Cleaning Pro dated 16 October 2023 for $625.00 for the deep clean.

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 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.

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: -Marks, dents, and scratches throughout the entire unit on the walls

The damage is more than fair wear and tear, and the tenant has not disproved liability for the damage.

The landlord claimed insurance for the repainting of the walls. The landlord seeks the cost of the insurance excess.

The landlord has provided the Tribunal with an invoice for $650.00 being the insurance excess from Vero Insurance for the painting work.

The amounts ordered are proved.

The bond is to be refunded to the landlord immediately from the bond centre to the landlord to offset the debt owed by the tenant to the landlord.

Because Inspire Real Estate Limited as Agent for Olivia Lavine Naidoo has wholly succeeded with the claim I must reimburse the filing fee.

Claims and awards in Tenancy Tribunal application 4753409 — net $138.58 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears	$554.29	Rent arrears
Filing fee reimbursement	$20.44	Filing fee reimbursement
Cleaning: for decontamination	$625.00	Cleaning: for decontamination
Painting walls for marks and decontamination	$650.00	Painting walls for marks and decontamination
Meth testing/Cleaning	$228.85	Meth testing/Cleaning
Net award	$138.58
Total payable by Tenant to Landlord	$138.58

Order

Lakaya Walsh must pay Inspire Real Estate Limited as Agent for Olivia Lavine Naidoo $138.58 immediately for rent arrears, cleaning, painting, reimbursement of filing fee and methamphetamine (“meth”) testing, as calculated and shown in table below. DescriptionLandlord Rent arrears$554.29 Filing fee reimbursement$20.44 Cleaning: for decontamination$625.00 Painting walls for marks and decontamination$650.00 Meth testing/Cleaning$228.85 Total award$2,078.58 Minus bond -$1940.00 Total payable by Tenant to Landlord$138.58
The bond centre is to refund Lakaya Walsh’s bond of $1940.00 to Inspire Real Estate Limited as Agent for Olivia Lavine Naidoo immediately.

Reasons

The landlord attended the hearing, the tenant did not attend.
I checked and the tenant was served with the Notice of Hearing, therefore I am proceeding with the hearing in her absence.
The landlord has applied for rent arrears, compensation, refund of the bond, and reimbursement of the filing fee following the end of the tenancy.
This was a 12- month fixed term tenancy, which commenced on 3 March 2023. During a routine testing for meth, the landlord was advised that the property was contaminated. The overall level was 2.4ug for meth, with the recommended guideline to be 1.5ug.
The landlord is seeking to claim the cost of the meth testing and has provided an invoice for $228.85 for the cost of the testing. As the results were positive for meth, the tenant should pay the cost of the test.
I am satisfied that the landlord has proven their claim for $228.85 for the cost of the meth test.
This was a new property, and the tenant was the first person to occupy the property. Despite being a new build property, the landlord had a meth test done before the tenancy commenced. The results of the pre let meth test were that the property was negative for any meth or related drugs.
After the tenant was advised that the property had been found contaminated with meth, she left the property without notice.

How much is owed for rent?

The tenancy ended on 27 October 2023. The landlord provided rent records which prove the amount of $554.29 owing at the end of the tenancy.

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 leave the premises reasonably clean and tidy but did not remove all rubbish.
While the property on the face of it looked reasonable clean, the property had to have a full intense deep clean with professional cleaners use to dealing with contaminated properties.
The landlord provided an invoice from Cleaning Pro dated 16 October 2023 for $625.00 for the deep clean.
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 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.
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: -Marks, dents, and scratches throughout the entire unit on the walls
The damage is more than fair wear and tear, and the tenant has not disproved liability for the damage.
The landlord claimed insurance for the repainting of the walls. The landlord seeks the cost of the insurance excess.
The landlord has provided the Tribunal with an invoice for $650.00 being the insurance excess from Vero Insurance for the painting work.
The amounts ordered are proved.
The bond is to be refunded to the landlord immediately from the bond centre to the landlord to offset the debt owed by the tenant to the landlord.
Because Inspire Real Estate Limited as Agent for Olivia Lavine Naidoo has wholly succeeded with the claim I must reimburse the filing fee.

Tenancy Tribunal case 4753409 — Cleanliness at Room STUDIO, Unit/Flat 102, 26 Shortfin Place, Flat Bush,

At a glance

Tenancy Tribunal case 4753409 — Cleanliness at Room STUDIO, Unit/Flat 102, 26 Shortfin Place, Flat Bush,

At a glance

Award balance

Claims & awards

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

Property management

Frequently asked questions

Award balance

Claims & awards

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

Property management

Frequently asked questions