What was Tenancy Tribunal case 4873862 about?

The tribunal order states: Paramjit Singh and Jasmeet Kaur to pay [The landlord/s] $590.44 from the

How much money was awarded in case 4873862?

Cleaning: $220.00 awarded to landlord; Cleaning: $350.00 awarded to landlord; Filing Fee: $20.44 awarded to landlord

What type of tenancy dispute was case 4873862?

The primary dispute was Cleanliness.

Where can I read the official tribunal order for case 4873862?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/10619079-Tribunal_Order_Redacted.pdf.

What was Tenancy Tribunal case 4873862 about?

The tribunal order states: Paramjit Singh and Jasmeet Kaur to pay [The landlord/s] $590.44 from the

How much money was awarded in case 4873862?

Cleaning: $220.00 awarded to landlord; Cleaning: $350.00 awarded to landlord; Filing Fee: $20.44 awarded to landlord

What type of tenancy dispute was case 4873862?

The primary dispute was Cleanliness.

Where can I read the official tribunal order for case 4873862?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/10619079-Tribunal_Order_Redacted.pdf.

New Zealand Tenancy Tribunal Case 4873862 — Cleanliness

Reasons

Claims and awards in Tenancy Tribunal application 4873862 — net $590.44 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Cleaning	$350.00	Cleaning
Carpet Cleaning	$220.00	Carpet Cleaning
Filing fee reimbursement	$20.44	Filing fee reimbursement
Net award	$590.44
Bond	$1,740.00
Total payable by Tenant to Landlord	$590.44

Both parties attended the hearing.

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

The tenancy was for a fixed term from 18/12/2023 and ended early by agreement on 25/4/2024.

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 landlord sought compensation as follows: a. $550.00 for cleaning b. $220.00 for carpet cleaning

In support of the claim the landlord provided the entry and exit inspection reports dated 28/12/2023 and 20/4/2024 respectively, and invoices.

The tenant felt the amount claimed for the cleaning was too high and gave evidence about cleaning undertaken before they left the premises.

I am persuaded by the evidence that the tenant did not leave the premises reasonably clean and tidy.

However, the amount claimed for cleaning has been reduced to an amount I consider reasonable, due to the lack of detail about how long the cleaning took or the hourly rate charged.

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.

The landlord claimed $60.00 for replacement of a door curtain due to staining.

On the other hand, the tenant suggested the stains were very small and could have been cleaned and was unsure how they happened.

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.

While I accept the evidence that the front door curtain was stained during the tenancy, there is no evidence to support that the staining was such to require replacement of the curtain or indeed whether the staining was fair wear and tear.

The claim for the cost of replacement fails.

As the landlord has largely succeeded with the claim, I have awarded the filing fee.

Suppression is granted pursuant to section 95A as the landlord substantially succeeded with the claim.

Claims and awards in Tenancy Tribunal application 4873862 — net $590.44 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Cleaning	$350.00	Cleaning
Carpet Cleaning	$220.00	Carpet Cleaning
Filing fee reimbursement	$20.44	Filing fee reimbursement
Net award	$590.44
Bond	$1,740.00
Total payable by Tenant to Landlord	$590.44

Order

Paramjit Singh and Jasmeet Kaur to pay [The landlord/s] $590.44 from the bond, calculated as shown in table below.
The Bond Centre is to pay the bond of $1,740.00 ([Bond number suppressed]) immediately apportioned as follows: [The landlord/s]: $590.44 Paramjit Singh and Jasmeet Kaur: $1,149.56

Reasons

Both parties attended the hearing.
The landlord has applied for rent arrears, compensation, refund of the bond, and reimbursement of the filing fee following the end of the tenancy.
The tenancy was for a fixed term from 18/12/2023 and ended early by agreement on 25/4/2024.

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 landlord sought compensation as follows: a. $550.00 for cleaning b. $220.00 for carpet cleaning
In support of the claim the landlord provided the entry and exit inspection reports dated 28/12/2023 and 20/4/2024 respectively, and invoices.
The tenant felt the amount claimed for the cleaning was too high and gave evidence about cleaning undertaken before they left the premises.
I am persuaded by the evidence that the tenant did not leave the premises reasonably clean and tidy.
However, the amount claimed for cleaning has been reduced to an amount I consider reasonable, due to the lack of detail about how long the cleaning took or the hourly rate charged.

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.
The landlord claimed $60.00 for replacement of a door curtain due to staining.
On the other hand, the tenant suggested the stains were very small and could have been cleaned and was unsure how they happened.
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.
While I accept the evidence that the front door curtain was stained during the tenancy, there is no evidence to support that the staining was such to require replacement of the curtain or indeed whether the staining was fair wear and tear.
The claim for the cost of replacement fails.
As the landlord has largely succeeded with the claim, I have awarded the filing fee.
Suppression is granted pursuant to section 95A as the landlord substantially succeeded with the claim.

Tenancy Tribunal case 4873862 — Cleanliness

At a glance

Tenancy Tribunal case 4873862 — 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