What was Tenancy Tribunal case 4855748 about?

The tribunal order states: Megan Simons and Adrian Walker must pay [The landlord/s] $2,806.16

How much money was awarded in case 4855748?

Break Lease Fee: $726.23 awarded to landlord; Cleaning: $170.00 awarded to landlord; Cleaning: $200.00 awarded to landlord; Filing Fee: $20.44 awarded to landlord; Lawns and Garden Work: $100.00 awarded to landlord; Lightbulbs: $17.25 awarded to landlord; Property Damage: $420.00 awarded to landlord; Rent Arrears: $729.99 awarded to landlord; Curtain: $34.50 awarded to landlord; Holder In Wardrobe Door: $40.25 awarded to landlord; Holes In Wall: $57.50 awarded to landlord; Replace Furnishings: Curtains: $90.00 awarded to landlord; Rubbish Removal: $200.00 awarded to landlord

What type of tenancy dispute was case 4855748?

The primary dispute was Rent arrears. Related themes: Property damage, Cleanliness.

Where can I read the official tribunal order for case 4855748?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/10494106-Tribunal_Order_Redacted.pdf.

What was Tenancy Tribunal case 4855748 about?

The tribunal order states: Megan Simons and Adrian Walker must pay [The landlord/s] $2,806.16

How much money was awarded in case 4855748?

Break Lease Fee: $726.23 awarded to landlord; Cleaning: $170.00 awarded to landlord; Cleaning: $200.00 awarded to landlord; Filing Fee: $20.44 awarded to landlord; Lawns and Garden Work: $100.00 awarded to landlord; Lightbulbs: $17.25 awarded to landlord; Property Damage: $420.00 awarded to landlord; Rent Arrears: $729.99 awarded to landlord; Curtain: $34.50 awarded to landlord; Holder In Wardrobe Door: $40.25 awarded to landlord; Holes In Wall: $57.50 awarded to landlord; Replace Furnishings: Curtains: $90.00 awarded to landlord; Rubbish Removal: $200.00 awarded to landlord

What type of tenancy dispute was case 4855748?

The primary dispute was Rent arrears. Related themes: Property damage, Cleanliness.

Where can I read the official tribunal order for case 4855748?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/10494106-Tribunal_Order_Redacted.pdf.

New Zealand Tenancy Tribunal Case 4855748 — Rent arrears

Reasons

Claims and awards in Tenancy Tribunal application 4855748 — net $2,806.16 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears	$729.99	Rent arrears
Lock/key replacement	$420.00	Lock/key replacement
Repairs: Curtain	$34.50	Repairs: Curtain
Replace furnishings: Curtains	$90.00	Replace furnishings: Curtains
Repairs: Holder in wardrobe door	$40.25	Repairs: Holder in wardrobe door
Repairs: Holes in wall	$57.50	Repairs: Holes in wall
Light bulbs/batteries	$17.25	ludes a “labour charge” as suggested by the landlord. I order the tenant to pay $17.25.
Lawns and Garden work: Spray weeds	$100.00	s not require a tradesperson. In those circumstances, I order the tenant to pay $100.00 for weed spraying and $200.00 for rubbish removal.
Rubbish removal	$200.00	In those circumstances, I order the tenant to pay $100.00 for weed spraying and $200.00 for rubbish removal.
Cleaning	$200.00	In those circumstances, I order the tenant to pay $100.00 for weed spraying and $200.00 for rubbish removal.
Carpet Cleaning	$170.00	Carpet Cleaning
Break lease fee	$726.23	Break lease fee
Filing fee reimbursement	$20.44	Filing fee reimbursement
Net award	$2,806.16
Total payable by Tenant to Landlord	$2,806.16

The landlord attended the hearing.

The tenant did not attend the hearing by teams video link. Telephone calls were made to the tenant on the numbers provided at the allocated hearing time. The calls could not be connected. The notice of hearing informs the tenant that they will be contacted on the telephone numbers provided in the notice if they do not make contact by teams. 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 rent arrears, compensation and reimbursement of the filing fee following the end of the tenancy.

How much is owed for rent ?

The tenancy ended on 15 February 2024. The landlord provided rent records which prove the amount owing at the end of the tenancy was $2,649.99. The landlord has received the bond of $1,920.00 already and I have deducted that sum from the 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 must also replace standard light bulbs.

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 tenant did not leave the premises reasonably clean and tidy, and did not remove all rubbish. The landlord invoice for the work carried out has come from a building company. The rates charged are for builders. It is not reasonable to expect a tenant to pay tradespeople rates for work that does not require a tradesperson. In those circumstances, I order the tenant to pay $100.00 for weed spraying and $200.00 for rubbish removal.

The cleaning conducted was cleaning to bring the premises to a standard where they could be relet. As noted above, that is not the standard required of a tenant. Tenants are required to leave premises reasonably clean and tidy. It is generally accepted that this is a lower standard than might be expected of premises at the commencement of a tenancy. The tenant is to pay $200.00. The landlord has provided photos and invoices in support of the claims. The claim for carpet cleaning of $170.00 is reasonable in light of the presence of a pet during the tenancy and the photos of stains on the carpets.

The tenant did not return the keys. The tenant says that the keys were left in the letterbox. The landlord did not find them in the letterbox. The landlord has provided an invoice for lock changing and the claim is proven.

The landlord had to replace light bulbs and has claimed $40.95. I do not consider this to be reasonable, even if it includes a “labour charge” as suggested by the landlord. I order the tenant to pay $17.25.

This was a fixed term tenancy. The landlord is entitled to seek break lease costs where the costs are itemised and include actual costs incurred. The landlord has provided an itemised invoice and the costs of $726.63 are explained in the invoice and are reasonable.

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. The landlord is insured and the policy of insurance has an excess of $1,250.00 on 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.

The following damage was caused during the tenancy: Damage to curtains in the bedroom ($34.50) claimed. This is reasonable. Replace curtains in the laundry and bathroom. The landlord claims $172.50. The curtains were at least 4 years old. I have taken 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 tenant is to pay compensation of $90.00. There are 3 holes in the bedroom wall that have been repaired at a cost of $57.50 and a missing holder in the wardrobe door in the laundry which has been repaired at a cost of $40.25.

The damage is more than fair wear and tear, and the tenant has not disproved liability for the damage.

The amounts ordered are proved.

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

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

Claims and awards in Tenancy Tribunal application 4855748 — net $2,806.16 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears	$729.99	Rent arrears
Lock/key replacement	$420.00	Lock/key replacement
Repairs: Curtain	$34.50	Repairs: Curtain
Replace furnishings: Curtains	$90.00	Replace furnishings: Curtains
Repairs: Holder in wardrobe door	$40.25	Repairs: Holder in wardrobe door
Repairs: Holes in wall	$57.50	Repairs: Holes in wall
Light bulbs/batteries	$17.25	ludes a “labour charge” as suggested by the landlord. I order the tenant to pay $17.25.
Lawns and Garden work: Spray weeds	$100.00	s not require a tradesperson. In those circumstances, I order the tenant to pay $100.00 for weed spraying and $200.00 for rubbish removal.
Rubbish removal	$200.00	In those circumstances, I order the tenant to pay $100.00 for weed spraying and $200.00 for rubbish removal.
Cleaning	$200.00	In those circumstances, I order the tenant to pay $100.00 for weed spraying and $200.00 for rubbish removal.
Carpet Cleaning	$170.00	Carpet Cleaning
Break lease fee	$726.23	Break lease fee
Filing fee reimbursement	$20.44	Filing fee reimbursement
Net award	$2,806.16
Total payable by Tenant to Landlord	$2,806.16

Order

Megan Simons and Adrian Walker must pay [The landlord/s] $2,806.16 immediately, calculated as shown in table below.

Reasons

The landlord attended the hearing.
The tenant did not attend the hearing by teams video link. Telephone calls were made to the tenant on the numbers provided at the allocated hearing time. The calls could not be connected. The notice of hearing informs the tenant that they will be contacted on the telephone numbers provided in the notice if they do not make contact by teams. 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 rent arrears, compensation and reimbursement of the filing fee following the end of the tenancy.

How much is owed for rent ?

The tenancy ended on 15 February 2024. The landlord provided rent records which prove the amount owing at the end of the tenancy was $2,649.99. The landlord has received the bond of $1,920.00 already and I have deducted that sum from the 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 must also replace standard light bulbs.
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 tenant did not leave the premises reasonably clean and tidy, and did not remove all rubbish. The landlord invoice for the work carried out has come from a building company. The rates charged are for builders. It is not reasonable to expect a tenant to pay tradespeople rates for work that does not require a tradesperson. In those circumstances, I order the tenant to pay $100.00 for weed spraying and $200.00 for rubbish removal.
The cleaning conducted was cleaning to bring the premises to a standard where they could be relet. As noted above, that is not the standard required of a tenant. Tenants are required to leave premises reasonably clean and tidy. It is generally accepted that this is a lower standard than might be expected of premises at the commencement of a tenancy. The tenant is to pay $200.00. The landlord has provided photos and invoices in support of the claims. The claim for carpet cleaning of $170.00 is reasonable in light of the presence of a pet during the tenancy and the photos of stains on the carpets.
The tenant did not return the keys. The tenant says that the keys were left in the letterbox. The landlord did not find them in the letterbox. The landlord has provided an invoice for lock changing and the claim is proven.
The landlord had to replace light bulbs and has claimed $40.95. I do not consider this to be reasonable, even if it includes a “labour charge” as suggested by the landlord. I order the tenant to pay $17.25.
This was a fixed term tenancy. The landlord is entitled to seek break lease costs where the costs are itemised and include actual costs incurred. The landlord has provided an itemised invoice and the costs of $726.63 are explained in the invoice and are reasonable.
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. The landlord is insured and the policy of insurance has an excess of $1,250.00 on 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.
The following damage was caused during the tenancy: Damage to curtains in the bedroom ($34.50) claimed. This is reasonable. Replace curtains in the laundry and bathroom. The landlord claims $172.50. The curtains were at least 4 years old. I have taken 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 tenant is to pay compensation of $90.00. There are 3 holes in the bedroom wall that have been repaired at a cost of $57.50 and a missing holder in the wardrobe door in the laundry which has been repaired at a cost of $40.25.
The damage is more than fair wear and tear, and the tenant has not disproved liability for the damage.
The amounts ordered are proved.
As [The landlord/s] has substantially succeeded with the claim I have ordered the tenant to reimburse the filing fee.
The landlord applied for name suppression. The landlord has been substantially successful in this matter and suppression of the landlord name and details is ordered.

Tenancy Tribunal case 4855748 — Rent arrears

At a glance

Tenancy Tribunal case 4855748 — Rent arrears

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