What was Tenancy Tribunal case 4851440 about?

The tribunal order states: Freedom Caughey must pay [The landlord/s] $2,914.01 immediately, calculated

How much money was awarded in case 4851440?

Cleaning: $350.00 awarded to landlord; Filing Fee: $20.44 awarded to landlord; Lawns and Garden Work: $359.09 awarded to landlord; Previous Order Application 4851440 D…: $797.14 awarded to landlord; Property Damage: $500.00 awarded to landlord; Rubbish Removal: $887.34 awarded to landlord

What type of tenancy dispute was case 4851440?

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

Where can I read the official tribunal order for case 4851440?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/10551043-Tribunal_Order_Redacted.pdf.

What was Tenancy Tribunal case 4851440 about?

The tribunal order states: Freedom Caughey must pay [The landlord/s] $2,914.01 immediately, calculated

How much money was awarded in case 4851440?

Cleaning: $350.00 awarded to landlord; Filing Fee: $20.44 awarded to landlord; Lawns and Garden Work: $359.09 awarded to landlord; Previous Order Application 4851440 D…: $797.14 awarded to landlord; Property Damage: $500.00 awarded to landlord; Rubbish Removal: $887.34 awarded to landlord

What type of tenancy dispute was case 4851440?

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

Where can I read the official tribunal order for case 4851440?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/10551043-Tribunal_Order_Redacted.pdf.

8B Lincoln Terrace, Gate Pa, Tauranga 3112 Tenancy Tribunal Case 4851440 — Property damage

Tenantcheck Insights

Reasons

Claims and awards in Tenancy Tribunal application 4851440 — net $2,914.01 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Previous order application 4851440 dated 11/07/2024	$797.14	Previous order application 4851440 dated 11/07/2024
Cleaning	$350.00	Cleaning
Lawns and Garden work	$359.09	Lawns and Garden work
Rubbish removal and repairs	$887.34	Rubbish removal and repairs
Window repairs	$500.00	Window repairs
Filing fee reimbursement	$20.44	Filing fee reimbursement
Net award	$2,914.01
Total payable by Tenant to Landlord	$2,914.01

The landlord attended the hearing.

The tenant was telephoned on the phone number provided however the phone number is no longer in service.

The hearing proceeded without the tenant.

This tenancy commenced on 4 September 2023 and ended on 2 April 2024 by order of the Tribunal.

The landlord has applied for: a. compensation and b. reimbursement of the filing fee following the end of the tenancy.

The landlord has received payment of the bond.

With any claim before the Tenancy Tribunal, the Tribunal applies the usual civil law standards and expectations. That includes a requirement that the party bringing the claim (the applicant), establish their claims “on the balance of probabilities”. The balance of probabilities means more likely than un-likely, or in mathematical terms, has a fractionally more than 50% likelihood. The Tribunal does not need to be certain or very sure about any claim, only that what is claimed is likely. This obligation carried by the applicant is referred to as the “burden of proof”. Independent witnesses, corroborating documents and photographs are an important part of discharging this burden.

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 RTA does not require the premises to be returned in an immaculate condition, only in a reasonably clean and tidy state. There is no scientific way to determine what is ‘reasonably’ clean and tidy, what is required is for the Tribunal to evaluate the evidence available (particularly photographs presented), and then to determine whether the premises would be reasonably clean.

The Tribunal will also consider factors such as the length of the tenancy, and the general condition of the premises (for example, surfaces that are new and in a good condition will be easier to clean than older and worn surfaces, particular with paint work).

If the landlord is seeking to recover costs for cleaning and rubbish removal, it is the landlord who must prove that the tenant has breached their obligations under the RTA with how the premises were returned at the end.

The tenant did not leave the premises reasonably clean and tidy and did not remove all rubbish.

The landlord’s evidence was: a. that the property was dirty throughout, b. that the carpets were stained, c. that surfaces, walls and windows were dirty and marked. d. that there was a significant amount of rubbish left outside the property that required removal. e. The garden had weeds.

Rubbish removal, carpet cleaning and general cleaning was required.

The landlord provided photographs and invoices to support the claim. Interior cleaning:

The landlord claimed $390.00 for cleaning. I have largely reimbursed the landlord’s cleaning costs but made a small deduction as the tenant is only required to ensure they leave the premises in a reasonably tidy condition. The landlord advised that the property was cleaned to a level that it was able to be re- tenanted. Lawns and gardening:

The landlord claimed $359.09 for gardening and garden waste removal. The landlord provided photographs, oral evidence and invoices to support the claim.

Rubbish removal:

The landlord claimed the cost of rubbish removal. The amount claimed for rubbish removal is included in the invoice for repairs which I will address below.

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. Careless damage

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. Intentional damage

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. Damage to kitchen and bathroom cabinetry and shower i.The landlord sought $887.34 for rubbish removal (referred to above and ordered) and repairs to the bathroom and kitchen cabinetry and shower door, included in the same invoice for rubbish removal. ii.The landlord gave evidence by way of photographs, oral evidence and an inspection report in relation to damage. The photographs do not clearly show damage to the kitchen cabinets or the shower door, which the landlord clarified at the hearing was a broken towel rail. I accept that minor repairs were required to ensure the cabinets and towel rail functioned and I consider the bulk of the labour time invoiced would have been for the time spent removing rubbish. iii.The bathroom cabinetry door was clearly damaged in the photographs provided. I am satisfied the damages can fairly be considered the consequences of careless actions. iv.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. v.The photographs of the cabinetry show they are aged. The labour cost in respect of this claim was $430.00. There is no claim to replace the cabinetry but to attend to minor repairs. The landlord’s claim is not unreasonable or excessive. The landlord is not expecting to be in a better position than they would have been in had the tenants not breached their obligations. I have therefore ordered the landlord’s claim for the full invoice amount of $887.34. b. Glass repairs i.The landlord claimed the sum of $857.88. for glass repairs for a bedroom window and ranch-slider. At the hearing the landlord reduced the claim sought to the insurance excess only. The landlord’s evidence was that the ranch slider was damaged by pets fighting and hitting the glass. The landlord was uncertain as to how the bedroom window was damaged. ii.The damage is more than fair wear and tear, and the tenant has not disproved liability for the damage. I find that the damage to the window and ranch slider was careless. iii.I therefore order the sum of $500.00 being the insurance excess amount in respect of the bedroom door.

The amounts ordered are proved. Incorporation of previous order

On 11 June 2024 the Tribunal made an order relating to this tenancy, for rent arrears to 2 April 2024. The previous order is incorporated into this order for enforcement purposes. Filing fee

Because the landlord has wholly or substantially succeeded with the claim, I must reimburse the filing fee. Suppression

The Tribunal must, on the application of a party that has wholly or substantially succeeded in proceedings, order that the party’s name or identifying particulars not be published, unless the Tribunal considers that publication is in the public interest or is justified because of the party’s conduct or any other circumstances of the case. See section 95A Residential Tenancies Act.

The landlord sought suppression and I make this order accordingly.

Reasons

Claims and awards in Tenancy Tribunal application 4851440 — net $2,914.01 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Previous order application 4851440 dated 11/07/2024	$797.14	Previous order application 4851440 dated 11/07/2024
Cleaning	$350.00	Cleaning
Lawns and Garden work	$359.09	Lawns and Garden work
Rubbish removal and repairs	$887.34	Rubbish removal and repairs
Window repairs	$500.00	Window repairs
Filing fee reimbursement	$20.44	Filing fee reimbursement
Net award	$2,914.01
Total payable by Tenant to Landlord	$2,914.01

The landlord attended the hearing.

The tenant was telephoned on the phone number provided however the phone number is no longer in service.

The hearing proceeded without the tenant.

This tenancy commenced on 4 September 2023 and ended on 2 April 2024 by order of the Tribunal.

The landlord has applied for: a. compensation and b. reimbursement of the filing fee following the end of the tenancy.

The landlord has received payment of the bond.

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

The tenant did not leave the premises reasonably clean and tidy and did not remove all rubbish.

Rubbish removal, carpet cleaning and general cleaning was required.

The landlord provided photographs and invoices to support the claim. Interior cleaning:

The landlord claimed $359.09 for gardening and garden waste removal. The landlord provided photographs, oral evidence and invoices to support the claim.

Rubbish removal:

The landlord claimed the cost of rubbish removal. The amount claimed for rubbish removal is included in the invoice for repairs which I will address below.

The amounts ordered are proved.

Is the tenant responsible for the damage to the premises?

The amounts ordered are proved. Incorporation of previous order

On 11 June 2024 the Tribunal made an order relating to this tenancy, for rent arrears to 2 April 2024. The previous order is incorporated into this order for enforcement purposes. Filing fee

Because the landlord has wholly or substantially succeeded with the claim, I must reimburse the filing fee. Suppression

The landlord sought suppression and I make this order accordingly.

Tenancy Tribunal case 4851440 — Property damage at 8B Lincoln Terrace, Gate Pa, Tauranga 3112

At a glance

Tenancy Tribunal case 4851440 — Property damage at 8B Lincoln Terrace, Gate Pa, Tauranga 3112

At a glance

Award balance

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

Award balance

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