What was the outcome of Tenancy Tribunal case 4774164?

The tribunal order states: Jasmine Whiting, Carl Whiting and Penny Whiting must pay The Property

How much money was awarded in case 4774164?

Cleaning: $250.00 awarded to landlord; Filing Fee: $20.44 awarded to landlord; Lawns and Garden Work: $150.00 awarded to landlord; Oven Service: $115.00 awarded to landlord; Rubbish Removal: $159.00 awarded to landlord; Water Rates: $94.96 awarded to landlord

What type of tenancy dispute was case 4774164?

The primary dispute was Property damage.

Where can I read the official tribunal order for case 4774164?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/10709180-Tribunal_Order.pdf.

What was the outcome of Tenancy Tribunal case 4774164?

The tribunal order states: Jasmine Whiting, Carl Whiting and Penny Whiting must pay The Property

How much money was awarded in case 4774164?

Cleaning: $250.00 awarded to landlord; Filing Fee: $20.44 awarded to landlord; Lawns and Garden Work: $150.00 awarded to landlord; Oven Service: $115.00 awarded to landlord; Rubbish Removal: $159.00 awarded to landlord; Water Rates: $94.96 awarded to landlord

What type of tenancy dispute was case 4774164?

The primary dispute was Property damage.

Where can I read the official tribunal order for case 4774164?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/10709180-Tribunal_Order.pdf.

41 Malvern Road, Mount Albert, Auckland 1022 Tenancy Tribunal Case 4774164 — Property damage

Claims and awards in Tenancy Tribunal application 4774164 — net $789.40 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Water rates: by consent	$94.96	2. The landlord has applied for water rates arrears, compensation and reimbursement of the filing fee following the end of the tenancy.
Oven service	$115.00	Oven service
Rubbish removal: By consent	$159.00	Rubbish removal: By consent
Lawns and Garden work	$150.00	Lawns and Garden work
Cleaning: Walls and doors	$250.00	Cleaning: Walls and doors
Filing fee reimbursement	$20.44	Filing fee reimbursement
Net award	$789.40
Total payable by Tenant to Landlord	$789.40

Order

Jasmine Whiting, Carl Whiting and Penny Whiting must pay The Property Managers Limited T/As Ray White $789.40 immediately, calculated as shown in table below.

Reasons

Both parties attended the hearing.
The landlord has applied for water rates arrears, compensation and reimbursement of the filing fee following the end of the tenancy.
At the hearing the landlord withdrew his claims for rent arrears. The parties also agreed for the Tenant to pay the Landlords claims for water rates arrears and the bin removal.

How much is owed for water rates arrears?

The tenancy ended on 27 October 2023. The landlord provided water rates invoices which prove the amount 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 not leave the premises reasonably clean and tidy, and did not remove all rubbish. The Landlord sought cleaning costs of $511.00 for cleaning of the walls, doors and skirting. They also sought general cleaning costs of $270.00. Invoices were provided and photographs of the property at the end of the tenancy. The Landlord also provided text messages between the parties showing the Tenant agreeing for the Landlord to organise the cleaning of the walls and doors.
The Tenant disputed the costs of cleaning. They had paid professional cleaners $529.99 to clean the property when they vacated. They provided this invoice to the Landlord and Tribunal. They submitted the Landlord then messaged them on 29 October 2023, after inspecting the property and advised: ”On whole looking ok. Thanks for that. Just needs a bit of a general wall and door clean. Plus weeding. Will arrange for someone to come unless you can have someone tomorrow”. The Tenant responded: “If you can arrange for the wall and door clean that would be great”
The Landlord then requested reimbursement however the Tenants were surprised to see the cost of cleaning the wall and doors was $511.00. They had estimated $100.00. The Tenant also did not anticipate an extra cleaning invoice for $270.00 which listed further cleaning required. They also felt aggrieved because these costs were only conveyed to them in December 2023. They would have advised the professional cleaners to attend to these issues had the Landlord advised them on 29 October 2023.
In considering the evidence, the Landlord is not obliged to allow the Tenant an opportunity to clean what was missed after they moved out however, the Landlord in this case misled the Tenant by stating on 29 October 2023 that all that was required was a ‘bit of a general wall and door clean’. The Tenants agreed for the Landlord to organise this as they thought they would be incurring costs of approximately $100.00 because of the Landlords description of the remaining cleaning as ‘a bit’. The Landlord then charged the Tenants for more cleaning however they should have advised the Tenants on 29 October 2023 of the other cleaning required. From the photographs provided, the walls and doors did require cleaning however I find the charge should be reduced to $250.00 because the Landlord stated it was only the walls and doors that required cleaning.
The Landlord claimed for the hedges to be trimmed and overgrown weeds. Photographs of the garden at the start and end of the tenancy were provided. An invoice was also submitted.
The Tenant submitted they had arranged for the lawns to be mowed and weeding on 28 October 2023. They understood that the Landlord had taken care of the weeds and hedges during the tenancy.
The Tenancy Agreement provides at clause 6(e) that the Tenant shall “during the tenancy keep the lawns mown once every two weeks and the gardens weeded to a neat and tidy standard”.
In considering the evidence, I find the Tenant is liable for the costs to weed the lawns as per the Tenancy agreement. The photographs provided at the start and end of the tenancy showed there were some weeds and hedges that required some trimming. The Landlord would have incurred some costs and time to return the gardens back to a clean and tidy standard.
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: Oven window. The Landlord claimed for costs to have a service technician attend to the oven which was missing a safety glass and to purchase a new oven as the glass was no longer available. They claimed insurance excess of $500.00 for the new oven. They provided evidence of the service invoice but not of the new oven or insurance excess. I accept the damage was more wear and tear however I have no evidence of the cost of a new oven or the insurance policy.
The Tenants submitted they did not know the safety glass was missing during the tenancy and it was unfair to pay for a service and a new oven. The oven they had was not a brand new oven either.
In considering the evidence, I find the oven did require repair from the invoice provided by the service technician. There was no evidence however to substantiate the insurance excess for a new oven for example an insurance quote or policy. For this reason, I have not awarded the cost to replace the oven.
As the Landlord has been substantially successful, the Tenant shall reimburse the filing fee to the Landlord.

Claims and awards in Tenancy Tribunal application 4774164 — net $789.40 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Water rates: by consent	$94.96	2. The landlord has applied for water rates arrears, compensation and reimbursement of the filing fee following the end of the tenancy.
Oven service	$115.00	Oven service
Rubbish removal: By consent	$159.00	Rubbish removal: By consent
Lawns and Garden work	$150.00	Lawns and Garden work
Cleaning: Walls and doors	$250.00	Cleaning: Walls and doors
Filing fee reimbursement	$20.44	Filing fee reimbursement
Net award	$789.40
Total payable by Tenant to Landlord	$789.40

Order

Jasmine Whiting, Carl Whiting and Penny Whiting must pay The Property Managers Limited T/As Ray White $789.40 immediately, calculated as shown in table below.

Reasons

Both parties attended the hearing.
The landlord has applied for water rates arrears, compensation and reimbursement of the filing fee following the end of the tenancy.
At the hearing the landlord withdrew his claims for rent arrears. The parties also agreed for the Tenant to pay the Landlords claims for water rates arrears and the bin removal.

How much is owed for water rates arrears?

The tenancy ended on 27 October 2023. The landlord provided water rates invoices which prove the amount 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 not leave the premises reasonably clean and tidy, and did not remove all rubbish. The Landlord sought cleaning costs of $511.00 for cleaning of the walls, doors and skirting. They also sought general cleaning costs of $270.00. Invoices were provided and photographs of the property at the end of the tenancy. The Landlord also provided text messages between the parties showing the Tenant agreeing for the Landlord to organise the cleaning of the walls and doors.
The Tenant disputed the costs of cleaning. They had paid professional cleaners $529.99 to clean the property when they vacated. They provided this invoice to the Landlord and Tribunal. They submitted the Landlord then messaged them on 29 October 2023, after inspecting the property and advised: ”On whole looking ok. Thanks for that. Just needs a bit of a general wall and door clean. Plus weeding. Will arrange for someone to come unless you can have someone tomorrow”. The Tenant responded: “If you can arrange for the wall and door clean that would be great”
The Landlord then requested reimbursement however the Tenants were surprised to see the cost of cleaning the wall and doors was $511.00. They had estimated $100.00. The Tenant also did not anticipate an extra cleaning invoice for $270.00 which listed further cleaning required. They also felt aggrieved because these costs were only conveyed to them in December 2023. They would have advised the professional cleaners to attend to these issues had the Landlord advised them on 29 October 2023.
In considering the evidence, the Landlord is not obliged to allow the Tenant an opportunity to clean what was missed after they moved out however, the Landlord in this case misled the Tenant by stating on 29 October 2023 that all that was required was a ‘bit of a general wall and door clean’. The Tenants agreed for the Landlord to organise this as they thought they would be incurring costs of approximately $100.00 because of the Landlords description of the remaining cleaning as ‘a bit’. The Landlord then charged the Tenants for more cleaning however they should have advised the Tenants on 29 October 2023 of the other cleaning required. From the photographs provided, the walls and doors did require cleaning however I find the charge should be reduced to $250.00 because the Landlord stated it was only the walls and doors that required cleaning.
The Landlord claimed for the hedges to be trimmed and overgrown weeds. Photographs of the garden at the start and end of the tenancy were provided. An invoice was also submitted.
The Tenant submitted they had arranged for the lawns to be mowed and weeding on 28 October 2023. They understood that the Landlord had taken care of the weeds and hedges during the tenancy.
The Tenancy Agreement provides at clause 6(e) that the Tenant shall “during the tenancy keep the lawns mown once every two weeks and the gardens weeded to a neat and tidy standard”.
In considering the evidence, I find the Tenant is liable for the costs to weed the lawns as per the Tenancy agreement. The photographs provided at the start and end of the tenancy showed there were some weeds and hedges that required some trimming. The Landlord would have incurred some costs and time to return the gardens back to a clean and tidy standard.
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: Oven window. The Landlord claimed for costs to have a service technician attend to the oven which was missing a safety glass and to purchase a new oven as the glass was no longer available. They claimed insurance excess of $500.00 for the new oven. They provided evidence of the service invoice but not of the new oven or insurance excess. I accept the damage was more wear and tear however I have no evidence of the cost of a new oven or the insurance policy.
The Tenants submitted they did not know the safety glass was missing during the tenancy and it was unfair to pay for a service and a new oven. The oven they had was not a brand new oven either.
In considering the evidence, I find the oven did require repair from the invoice provided by the service technician. There was no evidence however to substantiate the insurance excess for a new oven for example an insurance quote or policy. For this reason, I have not awarded the cost to replace the oven.
As the Landlord has been substantially successful, the Tenant shall reimburse the filing fee to the Landlord.

Tenancy Tribunal case 4774164 — Property damage at 41 Malvern Road, Mount Albert, Auckland 1022

At a glance

Tenancy Tribunal case 4774164 — Property damage at 41 Malvern Road, Mount Albert, Auckland 1022

At a glance

Award balance

Claims & awards

Order

Reasons

How much is owed for water rates arrears?

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 water rates arrears?

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