What was Tenancy Tribunal case 4839846 about?

The tribunal order states: Cheyanne Tangapiri must pay [The landlord/s] $32.04 immediately, calculated

How much money was awarded in case 4839846?

Cleaning: $564.10 awarded to landlord; Cleaning: $450.00 awarded to landlord; Filing Fee: $20.44 awarded to landlord; Lawns and Garden Work: $200.00 awarded to landlord; door and dead bolt and one net curta…: $475.00 awarded to landlord; Rubbish Removal: $322.50 awarded to landlord

What type of tenancy dispute was case 4839846?

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

Where can I read the official tribunal order for case 4839846?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/10747679-Tribunal_Order_Redacted.pdf.

What was Tenancy Tribunal case 4839846 about?

The tribunal order states: Cheyanne Tangapiri must pay [The landlord/s] $32.04 immediately, calculated

How much money was awarded in case 4839846?

Cleaning: $564.10 awarded to landlord; Cleaning: $450.00 awarded to landlord; Filing Fee: $20.44 awarded to landlord; Lawns and Garden Work: $200.00 awarded to landlord; door and dead bolt and one net curta…: $475.00 awarded to landlord; Rubbish Removal: $322.50 awarded to landlord

What type of tenancy dispute was case 4839846?

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

Where can I read the official tribunal order for case 4839846?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/10747679-Tribunal_Order_Redacted.pdf.

New Zealand Tenancy Tribunal Case 4839846 — Cleanliness

Tenantcheck Insights

Reasons

Claims and awards in Tenancy Tribunal application 4839846 — net $32.04 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Cleaning	$450.00	Cleaning
Rubbish removal	$322.50	Rubbish removal
Lawns and Garden work	$200.00	Lawns and Garden work
Repairs: door and dead bolt and one net curtain	$475.00	Repairs: door and dead bolt and one net curtain
Carpet Cleaning: and rodent bait	$564.10	Carpet Cleaning: and rodent bait
Filing fee reimbursement	$20.44	Filing fee reimbursement
Net award	$32.04
Total payable by Tenant to Landlord	$32.04

The landlord attended the hearing. There was no appearance for the tenant.

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

The tenancy ended on 6 January 2024. On 1 March 2024, the landlord filed an application for compensation of $1,946.91 for pest control, reglazing and fixing a door, rubbish removal and section tidy.

On 19 March the landlord filed a second application which included those three items and added some further claims for repairs to a step, living room door, deadbolt on French door, ripped curtains, fence and lawns as well as cleaning for $450.00. This second application was filed outside the 2 month time frame in section 91A, which provides that service is deemed to have been effected if sent to the tenancy address.

The landlord provided evidence that the tenant had communicated with them from an email address that was on the tenancy agreement and that she had opened an email on 11 January regarding the bond. I am satisfied that the tenant has had notice of the proceedings.

The onus is on the landlord to establish their claims. The standard of proof is on the balance of probabilities.

The property manager provided photographs showing the premises at the start of the tenancy in October 2021 and post-tenancy photographs dated 8 January 2024. Invoices for the amounts claimed were also submitted. Unfortunately the property manager was unable to answer all questions of clarification. Some adjustment has been made to the amounts claimed as outlined below.

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 and remove all rubbish.

The photos show that tenant did not leave the premises reasonably clean and tidy and did not remove all rubbish. Items were left in some cupboards and there were dishes in the dishwasher. The property was not clean. The amount claimed for cleaning of $450.00 is reasonable.

There is a further invoice for cleaning the carpets, treating for fleas and setting up rodent stations for mice. The property manager said that the tenants had had a dog and that there were fleas in the carpet. She said that the need to set the rodent traps was because of the state of cleanliness in the house.

The photos show a number of stains on the carpet. I accept that it required cleaning and that pest control was required as a result of the state of the house. The invoice for $564.10 is reasonable.

There was a further invoice for $553.75 for rubbish removal and another for $706.00 for fence and lawn repairs.

Dealing with the rubbish removal, the labour was 2.5 hours at $97.50 an hour plus GST. That seems a high rate for such a task. The invoice included $194.27 plus GST for “materials” and $8.50 for Health and Safety. The property manager was unsure what the materials were but thought it was likely to be trailer hire and dump fees. No receipts were included.

On the assumption that this was for trailer hire and dump fees, I have decided that $150 is reasonable, and $172.50 including GST for labour is reasonable. It is not reasonable that tenant pay $8.50 plus GST for “Health and Safety”. Accordingly, the first invoice is reduced from $553.75 to $322.50.

The next invoice was for $706.24 for Fence and Lawn repairs. It is made up of 3 hours at $97.50, materials of $278.11, travel of $35 and a Health and Safety fee. The property manager thought that the materials included grass seed.

The outside of the property was very overgrown and I accept that it would have required more than one mow and some grass repair. The sum of $200.00 is ordered. The question of the fence is dealt with below.

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.

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 landlord provided photographs showing that the French door had been smashed. An invoice for $702.41 for repairs and products was submitted. That amount is ordered.

The matter of the fence is not clear. The property manager provided a photograph showing some panels of a fence sitting beside the fence. She was unable to point to the photos of the same fence in the pre-inspection photographs. The landlord has not established that damage occurred to a fence on the property during the tenancy. That claim is dismissed. I add that even if that had been proven, it was not clear what materials would be required.

There is another invoice for $958.50 for repair to broken step on deck, replaced damaged living room door, replace damaged dead bolt on French door and replace ripped curtains.

There is no photograph of a broken step on the deck and the property manager was unable to elaborate on what the damage was.

There is a photograph of the damaged French door, including the wooden frame and dead bolt. There is also a photograph of the damaged living room door. The damage is more than fair wear and tear, and the tenant has not disproved liability for the damage. Those claims are established.

There were photographs of some blue curtains, but the property manager was unable to elaborate on what damage was caused, or how old they were.

There was a photograph showing a ripped net curtain.

In summary, the landlord has not established the claims in relation to the damaged step and the curtains apart from one ripped net curtain.

I order $475 for these repairs.

The amounts ordered are proved.

Because [The applicant/s] has substantially succeeded with the claim I have reimbursed the filing fee.

Reasons

Claims and awards in Tenancy Tribunal application 4839846 — net $32.04 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Cleaning	$450.00	Cleaning
Rubbish removal	$322.50	Rubbish removal
Lawns and Garden work	$200.00	Lawns and Garden work
Repairs: door and dead bolt and one net curtain	$475.00	Repairs: door and dead bolt and one net curtain
Carpet Cleaning: and rodent bait	$564.10	Carpet Cleaning: and rodent bait
Filing fee reimbursement	$20.44	Filing fee reimbursement
Net award	$32.04
Total payable by Tenant to Landlord	$32.04