What was the outcome of Tenancy Tribunal case 4886180?

The tribunal order states: Victoria Togafau must pay Barfoot & Thompson Limited As Agent For Wen Xing

How much money was awarded in case 4886180?

Cleaning: $644.00 awarded to landlord; Cleaning: $700.00 awarded to landlord; Previous Order Application 4886180 D…: $9,296.83 awarded to landlord; Property Damage: $1,000.00 awarded to landlord

What type of tenancy dispute was case 4886180?

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

Where can I read the official tribunal order for case 4886180?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/10646488-Tribunal_Order.pdf.

What was the outcome of Tenancy Tribunal case 4886180?

The tribunal order states: Victoria Togafau must pay Barfoot & Thompson Limited As Agent For Wen Xing

How much money was awarded in case 4886180?

Cleaning: $644.00 awarded to landlord; Cleaning: $700.00 awarded to landlord; Previous Order Application 4886180 D…: $9,296.83 awarded to landlord; Property Damage: $1,000.00 awarded to landlord

What type of tenancy dispute was case 4886180?

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

Where can I read the official tribunal order for case 4886180?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/10646488-Tribunal_Order.pdf.

15 Ardkeen Place, East Tamaki, Auckland 2016 Tenancy Tribunal Case 4886180 — Cleanliness

Reasons

Claims and awards in Tenancy Tribunal application 4886180 — net $11,640.83 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Previous order application 4886180 dated 05/07/2024	$9,296.83	Previous order application 4886180 dated 05/07/2024
Cleaning	$700.00	Cleaning
Carpet Cleaning	$644.00	onsider the carpet being cleaned is reasonable and the tenant is ordered to pay $644.00 for cleaning.
Painting and wallpapering insurance excess	$1,000.00	Painting and wallpapering insurance excess
Net award	$11,640.83
Total payable by Tenant to Landlord	$11,640.83

The landlord attended the hearing on 30 July 2024. The tenant had notified Tenancy Services that she was not going to attend the hearing and provided evidence for the Tribunal to consider.

The matter was part heard on 5 July 2024 and orders were made in favour of the landlord for rent arrears, water rates, rubbish removal and release of the bond. The amount due to the landlord after the bond had been released was $9,296.83.

The matter had been adjourned for further evidence to be provided in relation to cleaning, carpets painting and wallpapering.

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 and 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 tenant was not required to leave the premises spotless. Reasonably clean and tidy is generally accepted to be a lower standard than that which is required to relet the premises to new tenants.

Photos of the premises at the end of the tenancy were provided by the landlord. A quote for the cleaning was provided for $1,742.25. The detail contained in the quote make it clear that the cleaning included is for a “deep clean” as might be required between tenancies. That is not the standard required of the tenant. Having reviewed the condition of the premises shown in the photos, I consider that $700.00 would be reasonable to bring the premises to the reasonably clean and tidy standard for four bedroom premises.

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 for tenant damage. The insurance policy carries as an excess of $1,000.00 on each any 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:

The carpet has been stained in some areas of the house. The carpet was new in 2018/2019, but was only in fair condition at the start of this tenancy. The landlord has a quote for cleaning the carpet, but prefers to have it replaced. In the circumstances as described above, I do not consider that to be a reasonable course of action. Depreciation on the carpet and the condition of the carpet at the start of this tenancy was such that I consider the carpet being cleaned is reasonable and the tenant is ordered to pay $644.00 for cleaning.

The wallpaper and paint has been damaged in areas of the house. The wallpaper and paint were applied in 2000. The landlord has provided photos of the damage. The tenant accepts that the paint and wallpaper were damaged during the tenancy, but that photos showing holes in the wall were not caused by her and may have been present prior to the tenancy and were hidden by the wallpaper. The landlord provided a quote for removing the wallpaper, repairing the gib and then painting. The total cost being $ 15,809.50. The damage is more than fair wear and tear, and the tenant has not disproved liability for the damage. The landlord is insured. The excess if $1,000.00. The tenant is ordered to pay the excess of $1,000.00.

The amounts ordered are proved.

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.

Claims and awards in Tenancy Tribunal application 4886180 — net $11,640.83 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Previous order application 4886180 dated 05/07/2024	$9,296.83	Previous order application 4886180 dated 05/07/2024
Cleaning	$700.00	Cleaning
Carpet Cleaning	$644.00	onsider the carpet being cleaned is reasonable and the tenant is ordered to pay $644.00 for cleaning.
Painting and wallpapering insurance excess	$1,000.00	Painting and wallpapering insurance excess
Net award	$11,640.83
Total payable by Tenant to Landlord	$11,640.83

Order

Victoria Togafau must pay Barfoot & Thompson Limited As Agent For Wen Xing Lin $11,640.83 immediately, calculated as shown in table below.

Reasons

The landlord attended the hearing on 30 July 2024. The tenant had notified Tenancy Services that she was not going to attend the hearing and provided evidence for the Tribunal to consider.
The matter was part heard on 5 July 2024 and orders were made in favour of the landlord for rent arrears, water rates, rubbish removal and release of the bond. The amount due to the landlord after the bond had been released was $9,296.83.
The matter had been adjourned for further evidence to be provided in relation to cleaning, carpets painting and wallpapering.

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 and 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 tenant was not required to leave the premises spotless. Reasonably clean and tidy is generally accepted to be a lower standard than that which is required to relet the premises to new tenants.
Photos of the premises at the end of the tenancy were provided by the landlord. A quote for the cleaning was provided for $1,742.25. The detail contained in the quote make it clear that the cleaning included is for a “deep clean” as might be required between tenancies. That is not the standard required of the tenant. Having reviewed the condition of the premises shown in the photos, I consider that $700.00 would be reasonable to bring the premises to the reasonably clean and tidy standard for four bedroom premises.

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 for tenant damage. The insurance policy carries as an excess of $1,000.00 on each any 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:
The carpet has been stained in some areas of the house. The carpet was new in 2018/2019, but was only in fair condition at the start of this tenancy. The landlord has a quote for cleaning the carpet, but prefers to have it replaced. In the circumstances as described above, I do not consider that to be a reasonable course of action. Depreciation on the carpet and the condition of the carpet at the start of this tenancy was such that I consider the carpet being cleaned is reasonable and the tenant is ordered to pay $644.00 for cleaning.
The wallpaper and paint has been damaged in areas of the house. The wallpaper and paint were applied in 2000. The landlord has provided photos of the damage. The tenant accepts that the paint and wallpaper were damaged during the tenancy, but that photos showing holes in the wall were not caused by her and may have been present prior to the tenancy and were hidden by the wallpaper. The landlord provided a quote for removing the wallpaper, repairing the gib and then painting. The total cost being $ 15,809.50. The damage is more than fair wear and tear, and the tenant has not disproved liability for the damage. The landlord is insured. The excess if $1,000.00. The tenant is ordered to pay the excess of $1,000.00.
The amounts ordered are proved.
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.

Tenancy Tribunal case 4886180 — Cleanliness at 15 Ardkeen Place, East Tamaki, Auckland 2016

At a glance

Tenancy Tribunal case 4886180 — Cleanliness at 15 Ardkeen Place, East Tamaki, Auckland 2016

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

Property management

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

Property management

Frequently asked questions