What was the outcome of Tenancy Tribunal case 4759837?

The tribunal order states: Jasmine Sherie Wyeth and Adam Michael Amer Wyeth must pay Wairarapa

How much money was awarded in case 4759837?

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 4759837?

The primary dispute was Property damage. Related themes: Cleanliness.

Where can I read the official tribunal order for case 4759837?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/10088653-Tenancy_Tribunal_Order.pdf.

What was the outcome of Tenancy Tribunal case 4759837?

The tribunal order states: Jasmine Sherie Wyeth and Adam Michael Amer Wyeth must pay Wairarapa

How much money was awarded in case 4759837?

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 4759837?

The primary dispute was Property damage. Related themes: Cleanliness.

Where can I read the official tribunal order for case 4759837?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/10088653-Tenancy_Tribunal_Order.pdf.

2101 Masterton Castlepoint Road, Blairlogie, RD 9, Tenancy Tribunal Case 4759837 — Property damage

Order

Jasmine Sherie Wyeth and Adam Michael Amer Wyeth must pay Wairarapa Property Letting Services Limited $1,201.61 immediately, calculated as shown in table below. ItemAmount Cleaning and ground work$625.00 Lock replacement$42.63 Oven cleaning$45.00 Curtain hook replacement$10.80 Weed spraying$27.76 Fireplace tile replacement$52.00 Oven dish$13.98 Cleaning shower$45.00 Lawn mower$250.00 Drapes (missing)$69.00 Filing fee$20.44 Total payable by tenant to landlord$1,201.61

Reasons

The Tribunal must consider an application filed by the landlord against the tenants. The tenancy ended following termination by order of the Tribunal, the landlord now seeks post vacation costs. Only the landlord appeared at the hearing today. I am satisfied that the tenant has been property notified of the hearing, and therefore I will proceed to consider the claim in their absence.

BACKGROUND

The tenancy agreement records the landlord as Wairarapa Property Letting Services Limited, and the co-tenants as Adam and Jasmine Wyeth. The tenancy commenced on 1 February 2023, and was terminated by order of the Tribunal due to rent arrears.

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.

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.
The landlord has claimed for a range of cleaning, gardening and rubbish removal costs at the tenancy, when possession was returned to the landlord. I am satisfied the premises were not returned reasonably clean and tidy. These claims are established 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 compensation for damage to fireplace tiles in front of the fire. I do not consider the damage would be fair wear and tear. The tenants have not proven the damage is anything other than careless or intentional damage. This claim is ordered in full.

MISSING CHATTELS

The landlord has claimed compensation for missing chattels. Section 40 of the RTA sets out the tenants responsibilities, and that includes that at the end of the tenancy the tenant must “leave in or at the premises all other chattels provided by the landlord for use of the tenant”.
The landlord has claimed for the following missing items. a. Curtain hooks b. Oven dish c. Lawn mower d. Drapes
I accept the landlords claims, certainly they are not disputed by the tenants. The claims are 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 tenants did not return keys, so they are liable for the lock and key replacement charges.

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.

Order

Jasmine Sherie Wyeth and Adam Michael Amer Wyeth must pay Wairarapa Property Letting Services Limited $1,201.61 immediately, calculated as shown in table below. ItemAmount Cleaning and ground work$625.00 Lock replacement$42.63 Oven cleaning$45.00 Curtain hook replacement$10.80 Weed spraying$27.76 Fireplace tile replacement$52.00 Oven dish$13.98 Cleaning shower$45.00 Lawn mower$250.00 Drapes (missing)$69.00 Filing fee$20.44 Total payable by tenant to landlord$1,201.61

Reasons

The Tribunal must consider an application filed by the landlord against the tenants. The tenancy ended following termination by order of the Tribunal, the landlord now seeks post vacation costs. Only the landlord appeared at the hearing today. I am satisfied that the tenant has been property notified of the hearing, and therefore I will proceed to consider the claim in their absence.

BACKGROUND

The tenancy agreement records the landlord as Wairarapa Property Letting Services Limited, and the co-tenants as Adam and Jasmine Wyeth. The tenancy commenced on 1 February 2023, and was terminated by order of the Tribunal due to rent arrears.

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.

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.
The landlord has claimed for a range of cleaning, gardening and rubbish removal costs at the tenancy, when possession was returned to the landlord. I am satisfied the premises were not returned reasonably clean and tidy. These claims are established 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 compensation for damage to fireplace tiles in front of the fire. I do not consider the damage would be fair wear and tear. The tenants have not proven the damage is anything other than careless or intentional damage. This claim is ordered in full.

MISSING CHATTELS

The landlord has claimed compensation for missing chattels. Section 40 of the RTA sets out the tenants responsibilities, and that includes that at the end of the tenancy the tenant must “leave in or at the premises all other chattels provided by the landlord for use of the tenant”.
The landlord has claimed for the following missing items. a. Curtain hooks b. Oven dish c. Lawn mower d. Drapes
I accept the landlords claims, certainly they are not disputed by the tenants. The claims are 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 tenants did not return keys, so they are liable for the lock and key replacement charges.

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 4759837 — Property damage at 2101 Masterton Castlepoint Road, Blairlogie, RD 9,

Tenancy Tribunal case 4759837 — Property damage at 2101 Masterton Castlepoint Road, Blairlogie, RD 9,

Order

Reasons

BACKGROUND

RELEVANT LEGAL CONSIDERATIONS

CLEANING AND RUBBISH REMOVAL

COMPENSATION

MISSING CHATTELS

LOCK AND KEY REPLACEMENT

FILING FEE

Property management

Order

Reasons

BACKGROUND

RELEVANT LEGAL CONSIDERATIONS

CLEANING AND RUBBISH REMOVAL

COMPENSATION

MISSING CHATTELS

LOCK AND KEY REPLACEMENT

FILING FEE

Property management