What was Tenancy Tribunal case 4852540 about?

The tribunal order states: Yiheng Xu, Muyao Li, Enzhi Ye and Wenze Jin must pay [The landlord/s]

How much money was awarded in case 4852540?

Cleaning: $563.50 awarded to landlord; Cleaning: $300.00 awarded to landlord; Filing Fee: $20.44 awarded to landlord; Lawns and Garden Work: $184.00 awarded to landlord; Painting: $172.50 awarded to landlord

What type of tenancy dispute was case 4852540?

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

Where can I read the official tribunal order for case 4852540?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/10503975-Tribunal_Order_Redacted.pdf.

What was Tenancy Tribunal case 4852540 about?

The tribunal order states: Yiheng Xu, Muyao Li, Enzhi Ye and Wenze Jin must pay [The landlord/s]

How much money was awarded in case 4852540?

Cleaning: $563.50 awarded to landlord; Cleaning: $300.00 awarded to landlord; Filing Fee: $20.44 awarded to landlord; Lawns and Garden Work: $184.00 awarded to landlord; Painting: $172.50 awarded to landlord

What type of tenancy dispute was case 4852540?

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

Where can I read the official tribunal order for case 4852540?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/10503975-Tribunal_Order_Redacted.pdf.

New Zealand Tenancy Tribunal Case 4852540 — Cleanliness

Tenantcheck Insights

Reasons

Claims and awards in Tenancy Tribunal application 4852540 — net $1,240.44 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Cleaning	$300.00	The claim for carpet and mattress cleaning is supported by the photos which show a range of stains. The contractual provision requiring carpet cleaning is unen…
Carpet Cleaning and mattress cleaning	$563.50	The claim for carpet and mattress cleaning is supported by the photos which show a range of stains. The contractual provision requiring carpet cleaning is unen…
Lawns and Garden work and rubbish removal	$184.00	Lawns and Garden work and rubbish removal
Repairs: Painting	$172.50	Repairs: Painting
Filing fee reimbursement	$20.44	Filing fee reimbursement
Net award	$1,240.44
Total payable by Tenant to Landlord	$1,240.44

The landlord attended the hearing.

Telephone calls were made to each of the tenants on the numbers provided at the allocated hearing time. The calls could either not be connected or went to voicemail. The Tribunal may hear matters in the absence of a party where satisfied that notice of the hearing has been given. I am satisfied that notice has been given.

The landlord has applied for compensation and reimbursement of the filing fee 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, See section 40(1)(e)(ii)-(v) Residential Tenancies Act 1986.

Landlords are required to provide the premises to the tenant at the start of the tenancy in a reasonable state of cleanliness (see s 45(1)(a) RTA). Tenants must keep the premises reasonably clean and tidy during the tenancy, and they must return them in a reasonably clean and tidy state and remove their rubbish at the end of the tenancy (ss 40(1)(c) and (e)(iii) RTA).

In Ace Property Management v Owens (DC Wellington, CIV-2008-085-14441, 17 December 2008) the District Court said: A tenant’s obligation pursuant to the Act to leave a property in a “reasonably clean and reasonably tidy condition” does not mean that it will necessarily be up to a standard that a landlord may consider for a new tenant. It is a mistake for landlords to confuse those two matters.

The RTA does not require the premises to be provided or returned in a spotless or an immaculate condition. The standard is based on what an average bystander would consider reasonable; not on the subjective opinions of the landlord and tenant. There is no scientific way to determine what is reasonably clean and tidy, and the Tribunal must evaluate the evidence available, and in particular inspection reports and photographs.

The standard will vary according to the age and condition of the premises: the better the premises, the higher the standard. Surfaces that are new and in a good condition will be easier to clean than older and worn surfaces, particularly painted surfaces. Generally, tenants are not required to return premises any cleaner than they were at the start of the tenancy (Westwood v Western, DC Otahuhu, TT 2539/93 and 2540/93, 4 November 1994).

Contractual provisions that require a tenant to have the premises professionally cleaned at the end of the tenancy are generally unenforceable (s 11 RTA). Commercial carpet cleaning will only be only required where this is necessary to return the carpet to a reasonably condition.

The landlord said that the premises were relet after the end of this tenancy. The cleaning claimed for by the landlord was the only cleaning carried out between the tenancies. As indicated in Ace Property Management v Owens the standard required of a tenant at the end of a tenancy is reasonably clean and tidy which is generally accepted to be a lower standard than that required for the commencement of a tenancy.

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

The landlord provided photos and invoices in support of the claim for cleaning, carpet and mattress cleaning and weeding and rubbish removal.

The claim for cleaning is $431.25. For the reasons given above, I consider that a reasonable claim to bring the premises to the required reasonably clean and tidy standard required would be $300.00.

The claim for carpet and mattress cleaning is supported by the photos which show a range of stains. The contractual provision requiring carpet cleaning is unenforceable, but the evidence shows that neither the mattresses nor the carpets were left reasonably clean and tidy. The claim for $563.50 is proven.

The gardening and rubbish removal claim is for $184.00. The photo evidence supports that level of claim and it is proven.

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. The landlord is insured. The policy carries an excess of $250.00 for each and every claim.

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.

Window sills in two bedroom were damaged during the tenancy. It seems as though something very hot has been placed on the sills causing the paint to bubble. The damage is more than fair wear and tear, and the tenant has not disproved liability for the damage. The invoice is for $172.50. The claim is reasonable and the tenant is ordered to pay that sum.

As [The landlord/s] has substantially succeeded with the claim I have ordered the tenant to reimburse the filing fee.

The landlord has applied for name suppression. The landlord has been substantially successful and suppression of the landlord name and details is ordered.

Reasons

Claims and awards in Tenancy Tribunal application 4852540 — net $1,240.44 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Cleaning	$300.00	The claim for carpet and mattress cleaning is supported by the photos which show a range of stains. The contractual provision requiring carpet cleaning is unen…
Carpet Cleaning and mattress cleaning	$563.50	The claim for carpet and mattress cleaning is supported by the photos which show a range of stains. The contractual provision requiring carpet cleaning is unen…
Lawns and Garden work and rubbish removal	$184.00	Lawns and Garden work and rubbish removal
Repairs: Painting	$172.50	Repairs: Painting
Filing fee reimbursement	$20.44	Filing fee reimbursement
Net award	$1,240.44
Total payable by Tenant to Landlord	$1,240.44

The landlord attended the hearing.

The landlord has applied for compensation and reimbursement of the filing fee 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, See section 40(1)(e)(ii)-(v) Residential Tenancies Act 1986.

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

The landlord provided photos and invoices in support of the claim for cleaning, carpet and mattress cleaning and weeding and rubbish removal.

The claim for cleaning is $431.25. For the reasons given above, I consider that a reasonable claim to bring the premises to the required reasonably clean and tidy standard required would be $300.00.

The gardening and rubbish removal claim is for $184.00. The photo evidence supports that level of claim and it is proven.

Is the tenant responsible for the damage to the premises?

As [The landlord/s] has substantially succeeded with the claim I have ordered the tenant to reimburse the filing fee.

The landlord has applied for name suppression. The landlord has been substantially successful and suppression of the landlord name and details is ordered.

Tenancy Tribunal case 4852540 — Cleanliness

At a glance

Tenancy Tribunal case 4852540 — Cleanliness

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