What was Tenancy Tribunal case 4797782 about?

The tribunal order states: The claim for the floor is dismissed.

How much money was awarded in case 4797782?

Cleaning: $258.75 awarded to landlord; Filing Fee: $20.44 awarded to landlord; Lawns and Garden Work: $184.00 awarded to landlord; Moving, Storing And Disposing Of Bel…: $472.00 awarded to landlord

What type of tenancy dispute was case 4797782?

The primary dispute was Cleanliness.

Where can I read the official tribunal order for case 4797782?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/10779869-Tribunal_Order_Redacted.pdf.

What was Tenancy Tribunal case 4797782 about?

The tribunal order states: The claim for the floor is dismissed.

How much money was awarded in case 4797782?

Cleaning: $258.75 awarded to landlord; Filing Fee: $20.44 awarded to landlord; Lawns and Garden Work: $184.00 awarded to landlord; Moving, Storing And Disposing Of Bel…: $472.00 awarded to landlord

What type of tenancy dispute was case 4797782?

The primary dispute was Cleanliness.

Where can I read the official tribunal order for case 4797782?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/10779869-Tribunal_Order_Redacted.pdf.

Unit/Flat Unit 8, 78 Orangi Kaupapa Road, Northland, Tenancy Tribunal Case 4797782 — Cleanliness

Order

Claims and awards in Tenancy Tribunal application 4797782 — net $935.19 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Lawns and Garden work	$184.00	Lawns and Garden work
Cleaning	$258.75	Cleaning
Moving, storing and disposing of belongings	$472.00	Moving, storing and disposing of belongings
Filing fee reimbursement	$20.44	Filing fee reimbursement
Net award	$935.19
Bond	$3,400.00
Total payable by Tenant to Landlord	$935.19

The claim for the floor is dismissed.

Hendrick Johannes Lotz and Gerrit Daniel Van Eeden to pay [The landlord/s] $935.19 from the bond, calculated as shown in table below.

The Bond Centre is to pay the bond of $3,400.00 ([Bond number suppressed]) immediately apportioned as follows: [The landlord/s]: $935.19 Hendrick Johannes Lotz and Gerrit Daniel Van Eeden: $2,464.81

[The landlord/s] must take any personal documents belonging to the tenant, that have been left at the premises, to the nearest Police station and obtain a receipt for them.

The landlord shall dispose of the other goods left at the premises by the tenant by: a. selling all goods with a saleable value by public auction or by private contract at a reasonable market price, and b. disposing of all goods with no saleable value as the landlord sees fit.

No amount is owing the applicant out of the proceeds of any sale.

[The landlord/s] must pay the proceeds of any sale to the Bond Centre together with a copy of this order.

Reasons

Both parties attended the hearing.

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

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 (RTA).

The tenants agreed to pay the cost of cleaning and the garden tidy. The amounts ordered are proved.

Is the tenant responsible for the damage to the floors?

There is a claim for replacing the wooden floors in the lounge area. There are around six small scratches and one large scratch on the floor. The claim is for replacing the floor.

In order to succeed with this claim the 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. 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.

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.

Having heard from the parties it seems most likely to me the damage was either careless or accidental, and most likely came from the two sofas in the lounge. I have carefully considered the photos provided by the landlord. It seems most likely to me the damage was accidental. This is because the tenant’s explanation is credible and there was no other damage at the end of the tenancy. There is no legal requirement for tenants to pay for damage that is caused accidentally. The claim for replacement flooring is dismissed. The disposal of belongings left at the tenancy premises

At the end of the tenancy the tenants left a mattress, two suitcases, a rubbish bag of clothes and a washing machine in the garage. These were moved to a storage facility and are still in storage. The landlord has applied for the disposal of these goods.

The landlord was unable to contact the tenants after the end of the tenancy so it was not practicable for the landlord to the return the goods to the tenants.

It is possible the washing machine has a value above the cost of storing, transporting and selling. The landlord must have this item assessed. If the value is above the cost of storing, transporting and selling then the appliance must be sold at a reasonable market price.

Usually the landlord deducts any amount owing from the sale proceeds, and pays the balance to the Bond Centre. In this case the money owed to the landlord is covered by the bond, so any sales proceeds must be paid to the Bond Centre. See sections 62(3)(b), 62B(2),(3) and (4), 62C(1)(b),(2) and (3) RTA.

The landlord may dispose of the mattress, the clothes and the suitcases because these have no saleable value.

The claim is allowed for the cost of transporting in the amount of $80, storage for 35 days in the amount of $105, and the cost of disposing of the belongings in the amount of $287. Other orders

Because the landlord has substantially succeeded with the claim I have reimbursed the filing fee.

The landlord’s application for suppression is allowed because the landlord is the most successful party. The tenants’ names are published because there is public interest when tenants have to pay for cleaning and tidying at the end of the tenancy. See section 95A RTA.

Claims and awards in Tenancy Tribunal application 4797782 — net $935.19 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Lawns and Garden work	$184.00	Lawns and Garden work
Cleaning	$258.75	Cleaning
Moving, storing and disposing of belongings	$472.00	Moving, storing and disposing of belongings
Filing fee reimbursement	$20.44	Filing fee reimbursement
Net award	$935.19
Bond	$3,400.00
Total payable by Tenant to Landlord	$935.19

Order

The claim for the floor is dismissed.
Hendrick Johannes Lotz and Gerrit Daniel Van Eeden to pay [The landlord/s] $935.19 from the bond, calculated as shown in table below.
The Bond Centre is to pay the bond of $3,400.00 ([Bond number suppressed]) immediately apportioned as follows: [The landlord/s]: $935.19 Hendrick Johannes Lotz and Gerrit Daniel Van Eeden: $2,464.81
[The landlord/s] must take any personal documents belonging to the tenant, that have been left at the premises, to the nearest Police station and obtain a receipt for them.
The landlord shall dispose of the other goods left at the premises by the tenant by: a. selling all goods with a saleable value by public auction or by private contract at a reasonable market price, and b. disposing of all goods with no saleable value as the landlord sees fit.
No amount is owing the applicant out of the proceeds of any sale.
[The landlord/s] must pay the proceeds of any sale to the Bond Centre together with a copy of this order.

Reasons

Both parties attended the hearing.
The landlord has applied for rent arrears, compensation, refund of the bond, and reimbursement of the filing fee following the end of the tenancy. The claim for rent arrears was withdrawn at the hearing.

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 (RTA).
The tenants agreed to pay the cost of cleaning and the garden tidy. The amounts ordered are proved.

Is the tenant responsible for the damage to the floors?

There is a claim for replacing the wooden floors in the lounge area. There are around six small scratches and one large scratch on the floor. The claim is for replacing the floor.
In order to succeed with this claim the 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. 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.
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.
Having heard from the parties it seems most likely to me the damage was either careless or accidental, and most likely came from the two sofas in the lounge. I have carefully considered the photos provided by the landlord. It seems most likely to me the damage was accidental. This is because the tenant’s explanation is credible and there was no other damage at the end of the tenancy. There is no legal requirement for tenants to pay for damage that is caused accidentally. The claim for replacement flooring is dismissed. The disposal of belongings left at the tenancy premises
At the end of the tenancy the tenants left a mattress, two suitcases, a rubbish bag of clothes and a washing machine in the garage. These were moved to a storage facility and are still in storage. The landlord has applied for the disposal of these goods.
The landlord was unable to contact the tenants after the end of the tenancy so it was not practicable for the landlord to the return the goods to the tenants.
It is possible the washing machine has a value above the cost of storing, transporting and selling. The landlord must have this item assessed. If the value is above the cost of storing, transporting and selling then the appliance must be sold at a reasonable market price.
Usually the landlord deducts any amount owing from the sale proceeds, and pays the balance to the Bond Centre. In this case the money owed to the landlord is covered by the bond, so any sales proceeds must be paid to the Bond Centre. See sections 62(3)(b), 62B(2),(3) and (4), 62C(1)(b),(2) and (3) RTA.
The landlord may dispose of the mattress, the clothes and the suitcases because these have no saleable value.
The claim is allowed for the cost of transporting in the amount of $80, storage for 35 days in the amount of $105, and the cost of disposing of the belongings in the amount of $287. Other orders
Because the landlord has substantially succeeded with the claim I have reimbursed the filing fee.
The landlord’s application for suppression is allowed because the landlord is the most successful party. The tenants’ names are published because there is public interest when tenants have to pay for cleaning and tidying at the end of the tenancy. See section 95A RTA.

Tenancy Tribunal case 4797782 — Cleanliness at Unit/Flat Unit 8, 78 Orangi Kaupapa Road, Northland,

At a glance

Tenancy Tribunal case 4797782 — Cleanliness at Unit/Flat Unit 8, 78 Orangi Kaupapa Road, Northland,

At a glance

Award balance

Claims & awards

Dismissed claims

Order

Reasons

Did the tenant comply with their obligations at the end of the tenancy?

Is the tenant responsible for the damage to the floors?

Topics & place

Residential Tenancies Act sections

Key findings

Frequently asked questions

Award balance

Claims & awards

Dismissed claims

Order

Reasons

Did the tenant comply with their obligations at the end of the tenancy?

Is the tenant responsible for the damage to the floors?

Topics & place

Residential Tenancies Act sections

Key findings

Frequently asked questions