What was Tenancy Tribunal case 4759037 about?

The tribunal order states: Rahera Grant must pay [The landlord/s] $2,070.44 immediately, calculated as

How much money was awarded in case 4759037?

Cleaning: $2,346.44 awarded to landlord

What type of tenancy dispute was case 4759037?

The primary dispute was Cleanliness.

Where can I read the official tribunal order for case 4759037?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/9995487-Tribunal_Order_Redacted.pdf.

What was Tenancy Tribunal case 4759037 about?

The tribunal order states: Rahera Grant must pay [The landlord/s] $2,070.44 immediately, calculated as

How much money was awarded in case 4759037?

Cleaning: $2,346.44 awarded to landlord

What type of tenancy dispute was case 4759037?

The primary dispute was Cleanliness.

Where can I read the official tribunal order for case 4759037?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/9995487-Tribunal_Order_Redacted.pdf.

Unit/Flat 8, 112 Great South Road, Manurewa, Auckland Tenancy Tribunal Case 4759037 — Cleanliness

Reasons

Claims and awards in Tenancy Tribunal application 4759037 — net $2,070.44 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Clean up and repairs	$2,346.44	Clean up and repairs
Net award	$2,070.44
Total payable by Tenant to Landlord	$2,070.44

The landlord attended the hearing, conducted via teleconference. The tenant could not be contact at the time of hearing.

This tenancy ended 8 September 2023. I was satisfied, given the circumstances and efforts made by the landlord to contact the tenant, to dispense with the requirement for service and proceed as if the notice or any other document had been served on the party in accordance with s91B(2)(c) Residential Tenancies Act 1986 Act.

The landlord has applied for compensation and refund of the bond. The initial claim was for $11816.24, however this has now been reduced to $2346.44.

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.

A number of sets of blinds were missing at the end of the tenancy.

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.

There was considerable damage throughout the premises that required repair and remediation. As the claim for rubbish removal and cleaning, which has been established totals $2070.00, I do not consider it necessary to make findings on each item the damage to the property except to say that the balance of the claim of $276.44 is a very small addition to the cost of all the repairs required and should be awarded. Suppression

Section 95A RTA states regarding suppression orders that the Tribunal must, on the application of a party that has wholly or substantially succeeded in proceedings, order that the party’s name or identifying particulars not be published, unless the Tribunal considers that publication is in the public interest or is justified because of the party’s conduct or any other circumstances of the case.

The landlord applied for suppression and, as it has been wholly successful, this is ordered.

Claims and awards in Tenancy Tribunal application 4759037 — net $2,070.44 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Clean up and repairs	$2,346.44	Clean up and repairs
Net award	$2,070.44
Total payable by Tenant to Landlord	$2,070.44

Order

Rahera Grant must pay [The landlord/s] $2,070.44 immediately, calculated as shown in table below.
The Bond Centre is to pay the bond of $276.00 ([Bond number suppressed]) to [The landlord/s] immediately.

Reasons

The landlord attended the hearing, conducted via teleconference. The tenant could not be contact at the time of hearing.
This tenancy ended 8 September 2023. I was satisfied, given the circumstances and efforts made by the landlord to contact the tenant, to dispense with the requirement for service and proceed as if the notice or any other document had been served on the party in accordance with s91B(2)(c) Residential Tenancies Act 1986 Act.
The landlord has applied for compensation and refund of the bond. The initial claim was for $11816.24, however this has now been reduced to $2346.44.

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.
A number of sets of blinds were missing at the end of the tenancy.
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.
There was considerable damage throughout the premises that required repair and remediation. As the claim for rubbish removal and cleaning, which has been established totals $2070.00, I do not consider it necessary to make findings on each item the damage to the property except to say that the balance of the claim of $276.44 is a very small addition to the cost of all the repairs required and should be awarded. Suppression
Section 95A RTA states regarding suppression orders that the Tribunal must, on the application of a party that has wholly or substantially succeeded in proceedings, order that the party’s name or identifying particulars not be published, unless the Tribunal considers that publication is in the public interest or is justified because of the party’s conduct or any other circumstances of the case.
The landlord applied for suppression and, as it has been wholly successful, this is ordered.

Tenancy Tribunal case 4759037 — Cleanliness at Unit/Flat 8, 112 Great South Road, Manurewa, Auckland

At a glance

Tenancy Tribunal case 4759037 — Cleanliness at Unit/Flat 8, 112 Great South Road, Manurewa, Auckland

At a glance

Award balance

Claims & awards

Order

Reasons

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

Order

Reasons

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