What was Tenancy Tribunal case 4811263 about?

The tribunal order states: The name of the landlord is suppressed.

How much money was awarded in case 4811263?

And: $20.44 awarded to landlord; Cleaning: $390.00 awarded to landlord

What type of tenancy dispute was case 4811263?

The primary dispute was Cleanliness.

Where can I read the official tribunal order for case 4811263?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/10858830-Tribunal_Order_Redacted.pdf.

What was Tenancy Tribunal case 4811263 about?

The tribunal order states: The name of the landlord is suppressed.

How much money was awarded in case 4811263?

And: $20.44 awarded to landlord; Cleaning: $390.00 awarded to landlord

What type of tenancy dispute was case 4811263?

The primary dispute was Cleanliness.

Where can I read the official tribunal order for case 4811263?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/10858830-Tribunal_Order_Redacted.pdf.

New Zealand Tenancy Tribunal Case 4811263 — Cleanliness

Reasons

Claims and awards in Tenancy Tribunal application 4811263. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Tenant	Reason
to [The landlord/s], being cleaning and repairs of	$390.00		10. The amount claimed is relatively modest, being $300.00 in total.
and	$20.44		and

Only the landlord attended the hearing.

An order has previously been made for rent arrears and the matter was adjourned to today for the landlords to put before the tribunal evidence in support of their claim for further compensation following 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 did not leave the premises reasonably clean and tidy. Photographs shown to me indicate the premises were left dirty, with little effort having been made to clean.

The landlords did all the cleaning themselves. They have clearly spent a significant amount of time cleaning the premises and they are only claiming $90.00, being their time. This amount is therefore proven. The amount would have been a lot higher had they used commercial cleaners.

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.

The landlord produced photographs showing two big holes in the walls. This required fixing. There was also work done to repaint and touch up other areas which had been scuffed and a cost involved in removing the rubbish and removing stains from carpet.

The amount claimed is relatively modest, being $300.00 in total. The landlords each spent 13 hours at the property and taking all of the cleaning and repairs themselves. I am satisfied that this is a reasonable charge and would have been a lot higher had commercial repairers been used. The amount ordered above is proven.

Because [The landlord/s] have wholly succeeded with the claim I must reimburse the filing fee.

As the landlords have succeeded, I consider it appropriate to award name suppression in their favour.

Claims and awards in Tenancy Tribunal application 4811263. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Tenant	Reason
to [The landlord/s], being cleaning and repairs of	$390.00		10. The amount claimed is relatively modest, being $300.00 in total.
and	$20.44		and

Order

The name of the landlord is suppressed.
Anuj Kumar must pay $410.44 to [The landlord/s], being cleaning and repairs of $390 and $20.44 for the filing fee.

Reasons

Only the landlord attended the hearing.
An order has previously been made for rent arrears and the matter was adjourned to today for the landlords to put before the tribunal evidence in support of their claim for further compensation following 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 did not leave the premises reasonably clean and tidy. Photographs shown to me indicate the premises were left dirty, with little effort having been made to clean.
The landlords did all the cleaning themselves. They have clearly spent a significant amount of time cleaning the premises and they are only claiming $90.00, being their time. This amount is therefore proven. The amount would have been a lot higher had they used commercial cleaners.

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.
The landlord produced photographs showing two big holes in the walls. This required fixing. There was also work done to repaint and touch up other areas which had been scuffed and a cost involved in removing the rubbish and removing stains from carpet.
The amount claimed is relatively modest, being $300.00 in total. The landlords each spent 13 hours at the property and taking all of the cleaning and repairs themselves. I am satisfied that this is a reasonable charge and would have been a lot higher had commercial repairers been used. The amount ordered above is proven.
Because [The landlord/s] have wholly succeeded with the claim I must reimburse the filing fee.
As the landlords have succeeded, I consider it appropriate to award name suppression in their favour.

Tenancy Tribunal case 4811263 — Cleanliness

At a glance

Tenancy Tribunal case 4811263 — Cleanliness

At a glance

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

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