What was the outcome of Tenancy Tribunal case 4839929?

The tribunal order states: Mr. James Rolf Parkinson and Mrs. Rosalie Anne Billcliff must pay Dr. Netram

How much money was awarded in case 4839929?

Cleaning: $600.00 awarded to landlord; Lightbulbs: $104.97 awarded to landlord; Previous Order Application 4839929 D…: $9,130.88 awarded to landlord; Replace furnishings: Carpet minus 75…: $442.03 awarded to landlord; Rubbish Removal: $500.00 awarded to landlord

What type of tenancy dispute was case 4839929?

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

Where can I read the official tribunal order for case 4839929?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/10830178-Tribunal_Order.pdf.

What was the outcome of Tenancy Tribunal case 4839929?

The tribunal order states: Mr. James Rolf Parkinson and Mrs. Rosalie Anne Billcliff must pay Dr. Netram

How much money was awarded in case 4839929?

Cleaning: $600.00 awarded to landlord; Lightbulbs: $104.97 awarded to landlord; Previous Order Application 4839929 D…: $9,130.88 awarded to landlord; Replace furnishings: Carpet minus 75…: $442.03 awarded to landlord; Rubbish Removal: $500.00 awarded to landlord

What type of tenancy dispute was case 4839929?

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

Where can I read the official tribunal order for case 4839929?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/10830178-Tribunal_Order.pdf.

4A Portal Crescent, Beerescourt, Hamilton 3200 Tenancy Tribunal Case 4839929 — Cleanliness

Claims and awards in Tenancy Tribunal application 4839929 — net $10,777.88 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Previous order application 4839929 dated 23/07/2024	$9,130.88	Previous order application 4839929 dated 23/07/2024
Cleaning	$600.00	Cleaning
Rubbish removal	$500.00	Rubbish removal
Light bulbs/batteries	$104.97	Light bulbs/batteries
Replace furnishings: Carpet minus 75% deprecation	$442.03	Replace furnishings: Carpet minus 75% deprecation
Net award	$10,777.88
Total payable by Tenant to Landlord	$10,777.88

Order

Mr. James Rolf Parkinson and Mrs. Rosalie Anne Billcliff must pay Dr. Netram Sharma and Mrs. Reena Sharma $10,777.88 immediately, calculated and shown in table below: DescriptionLandlord Previous order application 4839929 dated 23/07/2024$9,130.88 Cleaning$600.00 Rubbish removal$500.00 Light bulbs/batteries$104.97 Replace furnishings: Carpet minus 75% deprecation$442.03 Total award$10,777.88 Total payable by Tenant to Landlord$10,777.88
The Tribunal must dismiss the enforcement and bailiff fees claims.
The Tribunal dismisses the landlords claim for rent arrears from 26 October 2023 to 24 July 2024.

Reasons

The landlords attended the hearing, the tenants did not attend.
The landlord has applied for rent arrears and compensation following the end of the tenancy.
Termination of this tenancy was by Order of the Tribunal. The tenants did not leave on the agreed day and a bailiff was required to assist with an eviction.
The landlords seek to recover the cost of the bailiff fee and enforcement cost for an application to seize property, application for a financial hearing and additional administration costs of enforcement.
The Tribunal cannot award costs for enforcement of court orders and bailiff fees. Therefore, I must dismiss the claims relating to enforcement and bailiff fees.

How much is owed for rent?

The tenancy ended on 25 October 2023 after an eviction. The landlords provided rent records up until 24 July 2024, which is $18240.00. The landlords seek to be awarded this sum for rent arrears.
The landlords claim rent over this period as they say the place was uninhabitable due to the actions of the tenants and therefore could not be re- tenanted. I cannot award any further rent arrears after 25 October 2023 for the following reasons: -The landlords evicted the tenants after seeking and obtaining a termination of tenancy order due to rent arrears. Rent arrears of $7920.44 were ordered on 10 October 2023 under application number 4650089. Subsequently I incorporated that sum in my order dated 23 July 2024 as it remained unpaid. -The landlords are entitled to the rent up until the day the property was vacated after an eviction, but not after. -The tenants left a lot of rubbish and possessions at the property. The landlords were unsure what to do with their possessions and so retained them in the property until given an Order to dispose of goods on 23 July 2024. -The tenant’s property remained at the house until after 23 July 2024. However, the landlords could have cleaned up the property and stored the property until they obtained an Order from the Tribunal, thereby allowing them to re- tenant the property. -The Residential Tenancies Act 1986 (RTA), at s 62 sets out the process that a landlord may take regarding storing and disposal of a tenant’s property. If these steps were taken the landlords could have mitigate their loss on rent arrears. - The RTA makes it clear in s49, that there is an obligation on a landlord to mitigate loss. -S49 RTA provides that: “Where any party to a tenancy agreement breaches any of the provisions of the agreement or of the RTA, the other party shall take all reasonable steps to limit the damage or loss arising from that breach, in accordance with the rules of law relating to mitigation of loss or damage upon breach of contract”. -I accept that the landlords took steps initially to minimise their loss arising out of the tenant’s breach, by applying to the Tribunal for termination of the tenancy. However, once the eviction took place, they took no further steps to remove the rubbish and possessions to enable the property to be re- tenanted. Furthermore, the landlords did not seek to apply for an Order disposing of the goods until 5 months after eviction. -Once the tenants were evicted, they did not have the exclusive use of the property. Therefore, claims for rent arrears are unreasonable.
For the reasons stated above I cannot award any further rent arrears after the eviction, and I dismiss the landlord’s claim for further rent arrears.

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 tenants did not leave the premises reasonably clean and tidy and did not remove all rubbish.
The landlords provided photos of the property before and after the tenancy. The exit photos show a dirty and unclean house with rubbish throughout the interior and exterior of the property.
The landlords have provided invoices for $600 dated 17 August 2024 for cleaning, and $500 for rubbish removal dated 6 August 2024. I am satisfied that the landlords have proven their claims for cleaning and rubbish removal.
The tenants did not return the keys. The locksmith fees were awarded in my Order dated 23 July 2024.
The landlords had to replace light bulbs and smoke alarms and provided an invoice for $104.97 dated 30 August 2024. I am satisfied that the landlord has proven their claim for the smoke alarm and light bulb replacement.

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 lounge carpet was severely damaged during the tenancy. The damage is more than fair wear and tear, and the tenant has not disproved liability for the damage. The landlord provided photos of the damage and an invoice for $1768.12 to replace the carpet.
I am satisfied that the landlord has proven their claim for the replacement of the lounge carpet.
I have to take into account 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 taken into account the age and condition of the items at the start of the tenancy and their likely useful lifespan.
The carpet was 10 – 12 years of age. I accept that there would be limited value in the carpet in terms of depreciation, but the carpet was serviceable and in reasonable condition at the start of the tenancy. The lounge carpet has been damaged to the extent that it had to be replaced. I am awarding the landlords 25% of the cost of replacing the lounge carpet, which is $442.03.
I acknowledge the stress and worry this application has caused the landlords and their obvious upset at not being awarded the amounts they sought.

Claims and awards in Tenancy Tribunal application 4839929 — net $10,777.88 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Previous order application 4839929 dated 23/07/2024	$9,130.88	Previous order application 4839929 dated 23/07/2024
Cleaning	$600.00	Cleaning
Rubbish removal	$500.00	Rubbish removal
Light bulbs/batteries	$104.97	Light bulbs/batteries
Replace furnishings: Carpet minus 75% deprecation	$442.03	Replace furnishings: Carpet minus 75% deprecation
Net award	$10,777.88
Total payable by Tenant to Landlord	$10,777.88

Order

Mr. James Rolf Parkinson and Mrs. Rosalie Anne Billcliff must pay Dr. Netram Sharma and Mrs. Reena Sharma $10,777.88 immediately, calculated and shown in table below: DescriptionLandlord Previous order application 4839929 dated 23/07/2024$9,130.88 Cleaning$600.00 Rubbish removal$500.00 Light bulbs/batteries$104.97 Replace furnishings: Carpet minus 75% deprecation$442.03 Total award$10,777.88 Total payable by Tenant to Landlord$10,777.88
The Tribunal must dismiss the enforcement and bailiff fees claims.
The Tribunal dismisses the landlords claim for rent arrears from 26 October 2023 to 24 July 2024.

Reasons

The landlords attended the hearing, the tenants did not attend.
The landlord has applied for rent arrears and compensation following the end of the tenancy.
Termination of this tenancy was by Order of the Tribunal. The tenants did not leave on the agreed day and a bailiff was required to assist with an eviction.
The landlords seek to recover the cost of the bailiff fee and enforcement cost for an application to seize property, application for a financial hearing and additional administration costs of enforcement.
The Tribunal cannot award costs for enforcement of court orders and bailiff fees. Therefore, I must dismiss the claims relating to enforcement and bailiff fees.

How much is owed for rent?

The tenancy ended on 25 October 2023 after an eviction. The landlords provided rent records up until 24 July 2024, which is $18240.00. The landlords seek to be awarded this sum for rent arrears.
The landlords claim rent over this period as they say the place was uninhabitable due to the actions of the tenants and therefore could not be re- tenanted. I cannot award any further rent arrears after 25 October 2023 for the following reasons: -The landlords evicted the tenants after seeking and obtaining a termination of tenancy order due to rent arrears. Rent arrears of $7920.44 were ordered on 10 October 2023 under application number 4650089. Subsequently I incorporated that sum in my order dated 23 July 2024 as it remained unpaid. -The landlords are entitled to the rent up until the day the property was vacated after an eviction, but not after. -The tenants left a lot of rubbish and possessions at the property. The landlords were unsure what to do with their possessions and so retained them in the property until given an Order to dispose of goods on 23 July 2024. -The tenant’s property remained at the house until after 23 July 2024. However, the landlords could have cleaned up the property and stored the property until they obtained an Order from the Tribunal, thereby allowing them to re- tenant the property. -The Residential Tenancies Act 1986 (RTA), at s 62 sets out the process that a landlord may take regarding storing and disposal of a tenant’s property. If these steps were taken the landlords could have mitigate their loss on rent arrears. - The RTA makes it clear in s49, that there is an obligation on a landlord to mitigate loss. -S49 RTA provides that: “Where any party to a tenancy agreement breaches any of the provisions of the agreement or of the RTA, the other party shall take all reasonable steps to limit the damage or loss arising from that breach, in accordance with the rules of law relating to mitigation of loss or damage upon breach of contract”. -I accept that the landlords took steps initially to minimise their loss arising out of the tenant’s breach, by applying to the Tribunal for termination of the tenancy. However, once the eviction took place, they took no further steps to remove the rubbish and possessions to enable the property to be re- tenanted. Furthermore, the landlords did not seek to apply for an Order disposing of the goods until 5 months after eviction. -Once the tenants were evicted, they did not have the exclusive use of the property. Therefore, claims for rent arrears are unreasonable.
For the reasons stated above I cannot award any further rent arrears after the eviction, and I dismiss the landlord’s claim for further rent arrears.

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 tenants did not leave the premises reasonably clean and tidy and did not remove all rubbish.
The landlords provided photos of the property before and after the tenancy. The exit photos show a dirty and unclean house with rubbish throughout the interior and exterior of the property.
The landlords have provided invoices for $600 dated 17 August 2024 for cleaning, and $500 for rubbish removal dated 6 August 2024. I am satisfied that the landlords have proven their claims for cleaning and rubbish removal.
The tenants did not return the keys. The locksmith fees were awarded in my Order dated 23 July 2024.
The landlords had to replace light bulbs and smoke alarms and provided an invoice for $104.97 dated 30 August 2024. I am satisfied that the landlord has proven their claim for the smoke alarm and light bulb replacement.

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 lounge carpet was severely damaged during the tenancy. The damage is more than fair wear and tear, and the tenant has not disproved liability for the damage. The landlord provided photos of the damage and an invoice for $1768.12 to replace the carpet.
I am satisfied that the landlord has proven their claim for the replacement of the lounge carpet.
I have to take into account 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 taken into account the age and condition of the items at the start of the tenancy and their likely useful lifespan.
The carpet was 10 – 12 years of age. I accept that there would be limited value in the carpet in terms of depreciation, but the carpet was serviceable and in reasonable condition at the start of the tenancy. The lounge carpet has been damaged to the extent that it had to be replaced. I am awarding the landlords 25% of the cost of replacing the lounge carpet, which is $442.03.
I acknowledge the stress and worry this application has caused the landlords and their obvious upset at not being awarded the amounts they sought.

Tenancy Tribunal case 4839929 — Cleanliness at 4A Portal Crescent, Beerescourt, Hamilton 3200

At a glance

Tenancy Tribunal case 4839929 — Cleanliness at 4A Portal Crescent, Beerescourt, Hamilton 3200

At a glance

Award balance

Claims & awards

Order

Reasons

How much is owed for rent?

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?

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