What was Tenancy Tribunal case 4837240 about?

The tribunal order states: An application for suppression has been made in this case, and the Tribunal

How much money was awarded in case 4837240?

Cleaning: $172.50 awarded to landlord; Cleaning: $115.00 awarded to landlord; Filing Fee: $20.44 awarded to landlord; Installation Of The Gas Hob: $116.44 awarded to landlord; Rent Paid In Advance: $610.00 awarded to tenant; Water Rates: $70.00 awarded to landlord

What type of tenancy dispute was case 4837240?

The primary dispute was Cleanliness.

Where can I read the official tribunal order for case 4837240?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/10362184-Tribunal_Order_Redacted.pdf.

What was Tenancy Tribunal case 4837240 about?

The tribunal order states: An application for suppression has been made in this case, and the Tribunal

How much money was awarded in case 4837240?

Cleaning: $172.50 awarded to landlord; Cleaning: $115.00 awarded to landlord; Filing Fee: $20.44 awarded to landlord; Installation Of The Gas Hob: $116.44 awarded to landlord; Rent Paid In Advance: $610.00 awarded to tenant; Water Rates: $70.00 awarded to landlord

What type of tenancy dispute was case 4837240?

The primary dispute was Cleanliness.

Where can I read the official tribunal order for case 4837240?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/10362184-Tribunal_Order_Redacted.pdf.

New Zealand Tenancy Tribunal Case 4837240 — Cleanliness

Claims and awards in Tenancy Tribunal application 4837240 — net $115.62 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Tenant	Reason
Water rates: (to 17/12/2023	$70.00		Water rates: (to 17/12/2023
Installation of the gas hob	$116.44		Installation of the gas hob
Carpet Cleaning	$172.50		Carpet Cleaning
Carpet Cleaning	$115.00		Carpet Cleaning
Filing fee reimbursement	$20.44		Filing fee reimbursement
Rent paid in advance		$610.00	Rent paid in advance
Total award	$494.38	$610.00
Net award		$115.62
Bond		$1,220.00
Total payable by Landlord to Tenant		$115.62

Order

An application for suppression has been made in this case, and the Tribunal orders suppression of the Tenant and the Landlords’ name and identifying details.
The Bond Centre is to pay the bond of $1,220.00 ([Bond number suppressed]) to [the tenant] immediately.
The landlords must immediately pay Anna Rippon $115.62 calculated as set out in the table below:

Reasons

Both parties attended the hearing.
The landlord has applied for compensation, refund of the bond, and reimbursement of the filing fee following the end of the tenancy.

How much is owed for rent and water rates?

The tenancy ended on 17 December 2023. 2-days notice was provided to the landlords pursuant to the Family Violence provisions set out in section 56B of the Residential Tenancies Act 1986 (RTA).
The parties agreed the tenant was a week in advance in her rent payments at the time the tenancy ended.
The landlord provided a water rates invoice which proved the amount owing at the end of the tenancy. The water rates period went from September 2023 to March 2024 and the landlords confirmed that from 17 December 2023 to March 2024 there was no one occupying the rental premise. The water rates bill provided in evidence was for $93.34. The parties agreed that the tenant was liable for $70.00 of that invoice.

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. The carpets required cleaning and removal of stains and pet odour.
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: a. The new gas hob needed to be installed after some damage to the old gas hob.
The damage is more than fair wear and tear, and the tenant has not disproved liability for the damage.
The amounts ordered are proved.
I have considered betterment and depreciation. The landlord should be returned to the position they would have been in had the tenant not breached their obligations and should not be better or worse off. In calculating depreciation, I have considered the age and condition of the items at the start of the tenancy and their likely useful lifespan.
The landlords also made claims for compensation for the purchase of a new dishwasher and installation of that dishwasher. There was a dispute between the parties whether the dishwasher in the rental premise at the start of the tenancy worked. The landlords confirmed the tenant asked for permission to remove the old dishwasher, that they had given her permission to remove the old dishwasher and store it in the carport. They also confirmed they saw the dishwasher in the carport after it was removed and that it remained in the carport for 8 to 9 months. The dishwasher was not in the carport at the end of the tenancy and the tenant took her dishwasher with her when she moved out. The tenant gave evidence the landlords told her they would come and collect the dishwasher and she assume they had done so. The landlords deny picking it up and say the tenant must have taken it with her when she vacated the premises. I am not satisfied that the tenant is responsible for the loss of a dishwasher the landlords gave her permission to leave in the carport when she was under the understanding they would collect it and store it safely and reinstall a working dishwasher when her tenancy ended. Consequently I dismiss the landlords claims for compensation for the purchase and installation of a new dishwasher for lack of proof the tenant should be held liable for these costs.
The landlords also made a claim for compensation for the repair of a panel on the outside of the house they say the tenant damaged during the tenancy. The tenant denies responsibility for that damage and says the panel came off during the tenancy and she tried to refix it. There was no evidence provided that the tenant intentionally or careless caused the damage to the panel. Consequently, the landlords claim is dismissed for lack of evidence to prove the claim. Reimbursement of the filing fee
Because [the applicants] have wholly succeeded with the claim I must reimburse the filing fee.

Claims and awards in Tenancy Tribunal application 4837240 — net $115.62 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Tenant	Reason
Water rates: (to 17/12/2023	$70.00		Water rates: (to 17/12/2023
Installation of the gas hob	$116.44		Installation of the gas hob
Carpet Cleaning	$172.50		Carpet Cleaning
Carpet Cleaning	$115.00		Carpet Cleaning
Filing fee reimbursement	$20.44		Filing fee reimbursement
Rent paid in advance		$610.00	Rent paid in advance
Total award	$494.38	$610.00
Net award		$115.62
Bond		$1,220.00
Total payable by Landlord to Tenant		$115.62

Order

An application for suppression has been made in this case, and the Tribunal orders suppression of the Tenant and the Landlords’ name and identifying details.
The Bond Centre is to pay the bond of $1,220.00 ([Bond number suppressed]) to [the tenant] immediately.
The landlords must immediately pay Anna Rippon $115.62 calculated as set out in the table below:

Reasons

Both parties attended the hearing.
The landlord has applied for compensation, refund of the bond, and reimbursement of the filing fee following the end of the tenancy.

How much is owed for rent and water rates?

The tenancy ended on 17 December 2023. 2-days notice was provided to the landlords pursuant to the Family Violence provisions set out in section 56B of the Residential Tenancies Act 1986 (RTA).
The parties agreed the tenant was a week in advance in her rent payments at the time the tenancy ended.
The landlord provided a water rates invoice which proved the amount owing at the end of the tenancy. The water rates period went from September 2023 to March 2024 and the landlords confirmed that from 17 December 2023 to March 2024 there was no one occupying the rental premise. The water rates bill provided in evidence was for $93.34. The parties agreed that the tenant was liable for $70.00 of that invoice.

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. The carpets required cleaning and removal of stains and pet odour.
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: a. The new gas hob needed to be installed after some damage to the old gas hob.
The damage is more than fair wear and tear, and the tenant has not disproved liability for the damage.
The amounts ordered are proved.
I have considered betterment and depreciation. The landlord should be returned to the position they would have been in had the tenant not breached their obligations and should not be better or worse off. In calculating depreciation, I have considered the age and condition of the items at the start of the tenancy and their likely useful lifespan.
The landlords also made claims for compensation for the purchase of a new dishwasher and installation of that dishwasher. There was a dispute between the parties whether the dishwasher in the rental premise at the start of the tenancy worked. The landlords confirmed the tenant asked for permission to remove the old dishwasher, that they had given her permission to remove the old dishwasher and store it in the carport. They also confirmed they saw the dishwasher in the carport after it was removed and that it remained in the carport for 8 to 9 months. The dishwasher was not in the carport at the end of the tenancy and the tenant took her dishwasher with her when she moved out. The tenant gave evidence the landlords told her they would come and collect the dishwasher and she assume they had done so. The landlords deny picking it up and say the tenant must have taken it with her when she vacated the premises. I am not satisfied that the tenant is responsible for the loss of a dishwasher the landlords gave her permission to leave in the carport when she was under the understanding they would collect it and store it safely and reinstall a working dishwasher when her tenancy ended. Consequently I dismiss the landlords claims for compensation for the purchase and installation of a new dishwasher for lack of proof the tenant should be held liable for these costs.
The landlords also made a claim for compensation for the repair of a panel on the outside of the house they say the tenant damaged during the tenancy. The tenant denies responsibility for that damage and says the panel came off during the tenancy and she tried to refix it. There was no evidence provided that the tenant intentionally or careless caused the damage to the panel. Consequently, the landlords claim is dismissed for lack of evidence to prove the claim. Reimbursement of the filing fee
Because [the applicants] have wholly succeeded with the claim I must reimburse the filing fee.

Tenancy Tribunal case 4837240 — Cleanliness

At a glance

Tenancy Tribunal case 4837240 — Cleanliness

At a glance

Award balance

Claims & awards

Order

Reasons

How much is owed for rent and water rates?

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

How much is owed for rent and water rates?

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