What was Tenancy Tribunal case 4896822 about?

The tribunal order states: [The tenant/s] must pay [The landlord/s] $1,009.54 immediately, calculated as

How much money was awarded in case 4896822?

Cleaning: $150.00 awarded to landlord; Filing Fee: $20.44 awarded to landlord; Property Damage: $356.00 awarded to landlord; Rent Arrears: $255.14 awarded to landlord; Water Rates: $539.96 awarded to landlord

What type of tenancy dispute was case 4896822?

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

Where can I read the official tribunal order for case 4896822?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/10842591-Tribunal_Order_Redacted.pdf.

What was Tenancy Tribunal case 4896822 about?

The tribunal order states: [The tenant/s] must pay [The landlord/s] $1,009.54 immediately, calculated as

How much money was awarded in case 4896822?

Cleaning: $150.00 awarded to landlord; Filing Fee: $20.44 awarded to landlord; Property Damage: $356.00 awarded to landlord; Rent Arrears: $255.14 awarded to landlord; Water Rates: $539.96 awarded to landlord

What type of tenancy dispute was case 4896822?

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

Where can I read the official tribunal order for case 4896822?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/10842591-Tribunal_Order_Redacted.pdf.

New Zealand Tenancy Tribunal Case 4896822 — Property damage

Claims and awards in Tenancy Tribunal application 4896822 — net $1,009.54 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears to 26 April 2024	$255.14	Rent arrears to 26 April 2024
Water rates for the entire duration of the tenancy (less fixed charges	$539.96	Water rates for the entire duration of the tenancy (less fixed charges
Cleaning	$150.00	Cleaning
Repairs to internal garage door	$356.00	Repairs to internal garage door
Filing fee reimbursement	$20.44	Filing fee reimbursement
Net award	$1,009.54
Total payable by Tenant to Landlord	$1,009.54

Order

[The tenant/s] must pay [The landlord/s] $1,009.54 immediately, calculated as shown in table below.

Reasons

Both parties attended the hearing.
This was a social housing tenancy that began on 13 January 2023 and ended on 26 April 2024. The tenancy ended because the tenant suffered a close family bereavement and was needed elsewhere. At the hearing today he explained that he had been unaware until very recently that any amounts were owed to the landlord and that the landlord had filed a claim in the Tribunal.
The landlord has applied for rent arrears, compensation, refund of the bond, and reimbursement of the filing fee following the end of the tenancy.

How much is owed for rent and water rates?

The landlord provided rent records showing the amount owing at the end of the tenancy. The rent summary provides a detailed summary of all rent owing and paid during the tenancy together with a running total of arrears.
The tenant was surprised to discover that rent was owing as he had understood that WINZ were paying all rent directly to the landlord. He checked his bank records on his phone during the hearing and confirmed that he had not made any payments to the landlord directly.
The tenant did however accept on reviewing the rent summary that the rent claimed was owing to the landlord. I therefore make an order for payment of the rent arrears on the basis of the landlord’s rent summary ($255.14). The tenant may wish to contact WINZ to review the landlord’s rent summary and check that that all payments have been correctly made on his behalf.
The landlord produced water rates invoices totalling $539.96 for the entire duration of the tenancy. The landlord said that they sent the invoices to the tenant each month but they were not paid.
The tenant said that he had not received any water rates invoices but conceded that the landlord had sent them to the email address provided in the Tenancy Agreement. He said that he had thought that WINZ were paying the water rates invoices on his behalf and had no idea that there was any amount outstanding for water.
I am satisfied that the amount claimed for water is owing to the landlord and so I make an order for payment of the amount claimed ($539.96). However, as with the rent, the tenant may wish to discuss the water rates invoice with WINZ, as it may be that he is entitled to have these paid on his behalf.

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 landlord says that the tenant did not leave the property reasonably clean and tidy. They say that there were marks all over the garage floor, the windowsills in the lounge needed cleaning, the shower door required further cleaning and the oven was not left clean and had food inside.
The landlord produced photos from the exit inspection showing the condition of the property and an invoice for “basic exit clean of 3 bedroom & garage” in the amount of $575.00 (incl GST).
The tenant reviewed the photos at the hearing, he accepted that in the areas identified by the landlord the property had not been left reasonably clean and tidy.
In considering compensation I remind myself that a tenant only needs to leave a property “reasonably clean and tidy”. They do not need to leave a property spotless and ready for a new tenant to move into.
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.
I have carefully considered both the entry and exit inspection photos. The tenant has obviously cleaned the property but has fallen short of ensuring that the property is “reasonably clean and tidy” in all areas. It was obviously a difficult and stressful time for the tenant when he moved out. I consider that the amount of $150.00 is a reasonable sum to compensate the landlord. This sum represents the portion of the cleaning required, in my view, to get the property into reasonably clean and tidy condition, with the balance being what was required to get the property ready for a new tenant.
The landlord also said that the tenant left rubbish behind. The landlord produced photos showing that the tenant had left behind mattresses and couches. The landlord provided an invoice in the amount of $345.00 (incl GST) for rubbish removal.
The tenant said that he removed all of his belongings at the end of the tenancy, but that as he was loading a trailer and taking his things away he had a discussion with his support worker (an employee of the landlord) during which he explained that he didn’t want all his furniture. He said that the support worker said in that case he could leave behind furniture as long as it was in good condition as there were families needing furniture and she would make arrangements to ensure that they received it. He said that he then signed a form relinquishing his remaining belongings and he left two mattresses and three couches behind, assuming that they would be given to people in need.
The tenant was very surprised to find that the landlord has now made a claim for rubbish removal. He said that he took all his other belongings away by trailer and if he thought that he would be charged for the removal of the remaining furniture he would have removed them there and then, and not signed the relinquishment form.
In my view there has clearly been a misunderstanding regarding he furniture. The tenant was adamant in his evidence about what had happened. The tenant’s support worker was not present at the hearing and so I only have the tenant’s evidence to rely on regarding this issue. The landlord produced a copy of the relinquishment form at the hearing but there is nothing on the form that clarifies the issue one way or the other.
I find that the landlord’s claim for rubbish removal is not proved and accordingly this claim is dismissed.

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 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.
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 landlord said that at the end of the tenancy they found that there was damage to the internal door between the house and the garage (a large dent that has gone right through one side of the door). The landlord produced both entry and exit inspection photos showing that there was no damage to the door at the start of the tenancy but that the door is damaged at the end of the tenancy. The landlord produced an invoice for “interior garage entry door repair & paint” ($287.50) and “Travel x2 & paint match” ($69.00).
The tenant said that he was not aware of the damage but he accepted that it must have occurred during moving.
I am satisfied that the damage occurred during the tenancy, based on the entry and exit inspection photos. The photos were taken before the mattresses and couches were removed by the landlord, and so most likely occurred as the tenant was moving out.
I am required to take 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.
I do not consider any amount should be deducted for betterment in this case as although the door was not new it was in very good condition at the start of the tenancy and the landlord has simply repaired it, rather than replacing the door. The landlord is not better or worse off. I order that the tenant pay the landlord for the cost of repair ($356.50). Filing fee and name suppression
Because [The applicant/s] has substantially succeeded with the claim I have reimbursed the filing fee.
The hearing today was the first time the parties had been able to discuss the landlord’s claim. The tenant has been away following a bereavement and was unaware of the landlord’s claim, and until recently has been out of mobile phone coverage range.
The landlord is entitled to name suppression as the substantially successful party pursuant to Section 95A RTA. I consider that it is also appropriate for me to make an order suppressing the tenant’s name, as had circumstances been different it seems likely that this matter would have been resolved by mediation. I therefore do not consider that it is in the public interest to publish the tenant’s name.

Claims and awards in Tenancy Tribunal application 4896822 — net $1,009.54 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears to 26 April 2024	$255.14	Rent arrears to 26 April 2024
Water rates for the entire duration of the tenancy (less fixed charges	$539.96	Water rates for the entire duration of the tenancy (less fixed charges
Cleaning	$150.00	Cleaning
Repairs to internal garage door	$356.00	Repairs to internal garage door
Filing fee reimbursement	$20.44	Filing fee reimbursement
Net award	$1,009.54
Total payable by Tenant to Landlord	$1,009.54

Order

[The tenant/s] must pay [The landlord/s] $1,009.54 immediately, calculated as shown in table below.

Reasons

Both parties attended the hearing.
This was a social housing tenancy that began on 13 January 2023 and ended on 26 April 2024. The tenancy ended because the tenant suffered a close family bereavement and was needed elsewhere. At the hearing today he explained that he had been unaware until very recently that any amounts were owed to the landlord and that the landlord had filed a claim in the Tribunal.
The landlord has applied for rent arrears, compensation, refund of the bond, and reimbursement of the filing fee following the end of the tenancy.

How much is owed for rent and water rates?

The landlord provided rent records showing the amount owing at the end of the tenancy. The rent summary provides a detailed summary of all rent owing and paid during the tenancy together with a running total of arrears.
The tenant was surprised to discover that rent was owing as he had understood that WINZ were paying all rent directly to the landlord. He checked his bank records on his phone during the hearing and confirmed that he had not made any payments to the landlord directly.
The tenant did however accept on reviewing the rent summary that the rent claimed was owing to the landlord. I therefore make an order for payment of the rent arrears on the basis of the landlord’s rent summary ($255.14). The tenant may wish to contact WINZ to review the landlord’s rent summary and check that that all payments have been correctly made on his behalf.
The landlord produced water rates invoices totalling $539.96 for the entire duration of the tenancy. The landlord said that they sent the invoices to the tenant each month but they were not paid.
The tenant said that he had not received any water rates invoices but conceded that the landlord had sent them to the email address provided in the Tenancy Agreement. He said that he had thought that WINZ were paying the water rates invoices on his behalf and had no idea that there was any amount outstanding for water.
I am satisfied that the amount claimed for water is owing to the landlord and so I make an order for payment of the amount claimed ($539.96). However, as with the rent, the tenant may wish to discuss the water rates invoice with WINZ, as it may be that he is entitled to have these paid on his behalf.

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 landlord says that the tenant did not leave the property reasonably clean and tidy. They say that there were marks all over the garage floor, the windowsills in the lounge needed cleaning, the shower door required further cleaning and the oven was not left clean and had food inside.
The landlord produced photos from the exit inspection showing the condition of the property and an invoice for “basic exit clean of 3 bedroom & garage” in the amount of $575.00 (incl GST).
The tenant reviewed the photos at the hearing, he accepted that in the areas identified by the landlord the property had not been left reasonably clean and tidy.
In considering compensation I remind myself that a tenant only needs to leave a property “reasonably clean and tidy”. They do not need to leave a property spotless and ready for a new tenant to move into.
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.
I have carefully considered both the entry and exit inspection photos. The tenant has obviously cleaned the property but has fallen short of ensuring that the property is “reasonably clean and tidy” in all areas. It was obviously a difficult and stressful time for the tenant when he moved out. I consider that the amount of $150.00 is a reasonable sum to compensate the landlord. This sum represents the portion of the cleaning required, in my view, to get the property into reasonably clean and tidy condition, with the balance being what was required to get the property ready for a new tenant.
The landlord also said that the tenant left rubbish behind. The landlord produced photos showing that the tenant had left behind mattresses and couches. The landlord provided an invoice in the amount of $345.00 (incl GST) for rubbish removal.
The tenant said that he removed all of his belongings at the end of the tenancy, but that as he was loading a trailer and taking his things away he had a discussion with his support worker (an employee of the landlord) during which he explained that he didn’t want all his furniture. He said that the support worker said in that case he could leave behind furniture as long as it was in good condition as there were families needing furniture and she would make arrangements to ensure that they received it. He said that he then signed a form relinquishing his remaining belongings and he left two mattresses and three couches behind, assuming that they would be given to people in need.
The tenant was very surprised to find that the landlord has now made a claim for rubbish removal. He said that he took all his other belongings away by trailer and if he thought that he would be charged for the removal of the remaining furniture he would have removed them there and then, and not signed the relinquishment form.
In my view there has clearly been a misunderstanding regarding he furniture. The tenant was adamant in his evidence about what had happened. The tenant’s support worker was not present at the hearing and so I only have the tenant’s evidence to rely on regarding this issue. The landlord produced a copy of the relinquishment form at the hearing but there is nothing on the form that clarifies the issue one way or the other.
I find that the landlord’s claim for rubbish removal is not proved and accordingly this claim is dismissed.

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 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.
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 landlord said that at the end of the tenancy they found that there was damage to the internal door between the house and the garage (a large dent that has gone right through one side of the door). The landlord produced both entry and exit inspection photos showing that there was no damage to the door at the start of the tenancy but that the door is damaged at the end of the tenancy. The landlord produced an invoice for “interior garage entry door repair & paint” ($287.50) and “Travel x2 & paint match” ($69.00).
The tenant said that he was not aware of the damage but he accepted that it must have occurred during moving.
I am satisfied that the damage occurred during the tenancy, based on the entry and exit inspection photos. The photos were taken before the mattresses and couches were removed by the landlord, and so most likely occurred as the tenant was moving out.
I am required to take 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.
I do not consider any amount should be deducted for betterment in this case as although the door was not new it was in very good condition at the start of the tenancy and the landlord has simply repaired it, rather than replacing the door. The landlord is not better or worse off. I order that the tenant pay the landlord for the cost of repair ($356.50). Filing fee and name suppression
Because [The applicant/s] has substantially succeeded with the claim I have reimbursed the filing fee.
The hearing today was the first time the parties had been able to discuss the landlord’s claim. The tenant has been away following a bereavement and was unaware of the landlord’s claim, and until recently has been out of mobile phone coverage range.
The landlord is entitled to name suppression as the substantially successful party pursuant to Section 95A RTA. I consider that it is also appropriate for me to make an order suppressing the tenant’s name, as had circumstances been different it seems likely that this matter would have been resolved by mediation. I therefore do not consider that it is in the public interest to publish the tenant’s name.

Tenancy Tribunal case 4896822 — Property damage

At a glance

Tenancy Tribunal case 4896822 — Property damage

At a glance

Award balance

Claims & awards

Dismissed claims

Order

Reasons

How much is owed for rent and water rates?

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

Dismissed claims

Order

Reasons

How much is owed for rent and water rates?

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